DEADSHOT CUSTOMS PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://deadshotpolymers.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”

When you submit a contact form through the Site, we collect your basic information including your name, email address, and phone number.  We refer to this information as "Contact Form Information".

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information, Order Information, and Contact Form Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).  We may also use it for advertising and retargeting to promote our website.

We use the Contact Form Information that we collect to communicate with you to help you with your requests, and answer questions you have.

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

MINORS

The Site is not intended for individuals under the age of 16.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by phone at 218-849-2234 or by mail using the details provided below:

Deadshot Customs, LLC
10302 County Road 147
Detroit Lakes MN 56501

TERMS AND CONDITIONS OF ACCESS AND USE

This Terms and Conditions of Access and Use Agreement (the “Agreement”) applies to Deadshot Customs, LLC, as well as our subsidiaries and affiliates. This Agreement describes the terms and conditions and the general principles applicable to your access and use of websites, social media sites, pages, e-newsletters, surveys, forums, ratings and reviews, accounts and applications owned, operated or licensed by or on behalf of Deadshot Customs (“Deadshot Customs Sites”). If you do not agree to these terms and conditions of access and use, you should not access or use any Deadshot Customs Site.

By accessing or using a Deadshot Customs Sites, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. Deadshot Customs reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion without further notice, effective upon including the revisions on a Deadshot Custom Site. Your continued use of a Deadshot Customs Site following the changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and the Privacy Policy from time-to-time to understand the terms and conditions that apply to your access and use of a Deadshot Customs Site.

General Terms.

  1. Use of Site

    In consideration of your acceptance of this Agreement and the Privacy Policy, Deadshot Customs grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of the Deadshot Customs Sites, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from Deadshot Customs. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. Deadshot Customs reserves the right to modify or remove any materials, products, or services listed on the Deadshot Customs Sites at any time without further notice. All rights not expressly granted herein are expressly reserved by Deadshot Customs.

  2. Prohibited Use of Site

    You shall not make any commercial use of the Deadshot Customs Sites or their contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Deadshot Customs Sites, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Deadshot Customs. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the Deadshot Customs Sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by Deadshot Customs to be in conflict with the spirit or intent of this Agreement. You agree to use the Deadshot Customs Sites only for lawful purposes. You are prohibited from posting on or transmitting through the Deadshot Customs Sites any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Deadshot Customs reserves the right to remove any postings or content in violation of this Agreement.

  3. Equipment

    You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Deadshot Customs Sites including all hardware, software, electrical and other physical requirements for your use of the Deadshot Customs Sites, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Deadshot Customs Sites.

  4. Correction of Errors and Inaccuracies

    The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

  5. Accessibility

    You acknowledge and agree that at times the Deadshot Customs Sites may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Deadshot Customs may undertake from time to time; or (iii) causes which are beyond the control of Deadshot Customs or which are not reasonably foreseeable.

Intellectual Property

  1. Trademarks

    The trademarks, service marks, brand names, and logos appearing on the Deadshot Customs Sites (“Marks”) are owned or licensed by Deadshot Customs. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of Deadshot Customs.

  2. Copyrighted Works

    Copyrights in content provided on the Deadshot Customs Sites, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by Deadshot Customs, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Deadshot Customs and any appropriate third party as applicable.

  3. Copyright Infringement

    If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Deadshot Customs with the following information in writing (see 17 U.S.C Section 512(c)(3) for further detail):

    a. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    b. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Deadshot Customs to locate the material;
    d. information reasonably sufficient to permit Deadshot Customs to contact you, such as an address, telephone number, and, if available, an electronic mail;
    e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may contact Deadshot Customs’ designated Copyright Agent by email at sales@deadshotcustoms.com or by writing to DMCA Agent, Deadshot Customs, LLC, 10302 County Road 147, Detroit Lakes MN 56501 or by calling 218-849-2234.

  4. News Media Exception to Advance Written Permission

    Notwithstanding anything to the contrary herein, images from the Deadshot Customs Image Gallery, videos from the Deadshot Customs Video Gallery, and product images and logos provided in the Deadshot Customs Image Resource Library may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, without advance prior written permission from Deadshot Customs, provided the reproduction is accompanied by notice that it has been reproduced with permission from Deadshot Customs.

  5. Confidential Information

    Do not use the Deadshot Customs Sites as a means of submitting information you consider to be confidential or proprietary unless you are placing an order in which case some personal information is required. You grant to Deadshot Customs a non-exclusive license to use any review or feedback content that constitutes a “covered communication” as defined in the Consumer Review Fairness Act (“Review”). Except as otherwise expressly provided herein or in a written agreement with Deadshot Customs applicable to your particular use of a Deadshot Customs Site, you agree that any material that does not constitute a Review, including but not limited to questions, comments, suggestions, ideas, inventions, plans, notes, drawings, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to Deadshot Customs, or postings on the Deadshot Customs Sites (herein “Material”), are non-confidential (subject to the Deadshot Customs Privacy Policy) and will be considered a contribution to Deadshot Customs for its free and further use in its sole discretion. Deadshot Customs shall be entitled to the unrestricted use of Material for any purpose, commercial or otherwise, without any compensation to you.

Links

The Deadshot Customs Sites may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Deadshot Customs with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Deadshot Customs is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. Deadshot Customs MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Deadshot Customs Site is subject to the terms and conditions applicable to that site, including the privacy policies of such site. If a third party links to a Deadshot Customs Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Deadshot Customs. Deadshot Customs may not even be aware that a third party has linked to the Deadshot Customs Site.

Product Sales

These terms apply to all product sales from the Deadshot Customs Sites and may be supplemented by more specific terms on the individual Deadshot Customs Site where an order is placed.

  1. Orders

    All products offered for sale are subject to availability and Deadshot Customs’ acceptance of your order. After you place an order through a Deadshot Customs Site, we will send you an email acknowledging your order. This order acknowledgment means that your order has been received; it does not mean that your order has been accepted, shipped, or that the price of an item has been confirmed, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Upon shipment of your order, we will send you an email. Deadshot Customs may also require additional information prior to accepting or processing any order.

    Deadshot Customs reserves the right at any time to accept, decline or cancel any order or limit order quantity for any reason. If we cancel an order after you have already been billed, we will refund the billed amount. Deadshot Customs uses its best efforts to fulfill orders, however, there may be instances in which a product is out of stock or unavailable, in which case Deadshot Customs will contact you for direction on whether you wish to select another order or cancel your existing order.

    Deadshot Customs may revise, discontinue or modify products at any time without prior notice to you and products may become unavailable without notice. Deadshot Customs shall have no liability of any kind if any product is not available.

  2. Fulfillment

    Most product orders are shipped by a third party fulfillment service provider. Delivery lead times vary, but most orders will be shipped within 10 working days. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order. If eligible for shipment to Hawaii and Alaska, special rates apply. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge. Title to and risk of loss of product will pass to you upon our delivery to the carrier. Shipping times are estimates only, and not a guarantee that the product will be delivered on the specified date. We will not be liable for any loss or expense which you may incur as a result of any delay in the delivery of your order. When ordering more than one item, please note your items may come in different shipments. Deadshot Customs assumes no liability for damaged, lost or stolen shipments. It is your responsibility to ensure parcels can be delivered free from theft or exposure to rain, snow, excessive humidity or temperature extreme. Claims for incorrect or missed shipments must be made to Deadshot Customs Customer Support within 20 days of order acknowledgment/shipment or are deemed waived.

  3. Credit Card Information

    You may be asked to supply certain information relevant to your purchase of product through a Deadshot Customs Site, including credit card number, the expiration date, your billing address and your shipping information. By submitting such information, you grant Deadshot Customs the right to provide such information to our third party-fulfillment service provider to facilitate the transaction. You agree to pay all charges that you incur on the Sites at the prices in effect when incurred, including without limitations any shipping and handling charges and taxes. You represent and warrant that you have the legal right to use any credit cards used in connection with any transaction.

  4. Pricing

    Prices shown are in U.S. dollars. Deadshot Customs reserves the right to change prices for products displayed on the Site at any time, and to correct pricing errors that may inadvertently occur. Despite our best efforts, a small number of the items on our Website may be mispriced. Rest assured, however, that we verify prices as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either (i) contact you for instructions about whether you wish to pay the correct higher price before shipping or (ii) cancel your order and notify you of such cancellation (whether or not the order has been confirmed and your credit card or debit card charged). We cannot confirm the price of an item until your order enters the shipping process, nor will we charge your credit card until your order enters the shipping process. (Please note that your Order Acknowledgment means that your order request has been received; it does not mean that your order has been shipped or that the price of an item has been confirmed.)

  5. Limited Warranty

    The extent of any limited warranty for each product is as shipped with the product or as expressly stated on a warranty document on a Deadshot Customs Site. Any warranty offered is limited to defects in material or workmanship, and repair or replacement is your exclusive remedy for any defective product. In no event shall we be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any product, whether based on contract, tort, statute or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

  6. Returns

    This return policy only applies to orders from a Deadshot Customs Site. If you purchased items from a dealer, please contact that dealer. Authorized returns must have a prior return merchandise authorization (RMA) and may be subject to a restocking fee. Contact Customer Service using the number or email address listed on the Deadshot Customs Site Customer Support page to obtain an RMA number. All sales of ammunition, ammunition components, customer-made products, discontinued items, items sold “as is,” and clearance items are final and may not be returned. You are responsible for any shipping, handling and insurance costs associated with the return item. All authorized returns must be shipped within 30 days of delivery, must be returned unused, complete and in its original packaging and must be accompanied with a copy of the invoice. For your protection, we suggest all returns be sent back by a traceable carrier such as UPS or FedEx. Deadshot Customs is not responsible for product lost in shipment.

  7. Product Descriptions

    We attempt to make our product descriptions as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

  8. Compliance with Laws

    It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from a Deadshot Customs Site. By placing an order, you represent that the order is lawful and will be used in a lawful and appropriate manner. In addition, you acknowledge that any goods sold in the U.S. may be subject to the import or export laws of the country in which the goods are sold. Accordingly, you agree to abide by all applicable export laws and regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer such goods to a foreign national or a foreign destination in violation of law.

  9. Customer Service

    If you need assistance with an existing order, placing an order, understanding more about a product, or processing a return or exchange, please contact our customer service at the number listed on the Site Customer Support page.

Investment Information

The Deadshot Customs Sites, and any market and financial information, news, analysis, opinions, and research reports (collectively “Investment Information”) issued by Deadshot Customs through a Deadshot Customs Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. Deadshot Customs is required to file periodic and special reports, proxy statements and other information with the Securities Exchange Commission (“SEC”) under the Securities Exchange Act of 1934. Please review this information for updated information as to our company. This information is available either on our website or at the SEC website at http://www.sec.gov/. Deadshot Customs does not guarantee the accuracy, timeliness, completeness, or correct sequencing of the Investment Information or warrant any results from your use or reliance on such information. The Investment Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. You should not construe any Investment Information, features, tools, or other content available through a Deadshot Customs Site as legal, tax, investment, financial, or other advice. You should consult with an attorney or financial or tax professional, regarding your specific legal or tax situation to determine whether such transaction is appropriate for you based on your individual investment needs and to verify pricing information. The Investment Information available on a Deadshot Customs Site shall not be considered a solicitation for or offering of any investment in any jurisdiction where such solicitation or offering would be illegal. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Investment Information before making any decisions based on such information. In exchange for using this Deadshot Customs Site, you agree not to hold Deadshot Customs and its agents, officers, directors, employees, successors, assigns, and affiliates liable for any possible claim for damages arising from any decision you make based on Investment Information made available to you through this Deadshot Customs Site. Deadshot Customs may provide links to third-party websites or services that contain financial or investment information about Deadshot Customs. Access to such websites and the information contained therein is provided as a convenience to those interested in the information. Deadshot Customs neither regularly monitors nor has control over the content of third-parties’ statements or websites. Accordingly, Deadshot Customs does not endorse or adopt these websites or any information contained therein, including, without limitation, analysts’ reports and stock quotes. Deadshot Customs makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on a Deadshot Customs Site. Users visit these websites and use the information contained therein at their own risk.

Disclaimer of Warranties

Deadshot Customs, AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES PROVIDE THE Deadshot Customs Sites “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Deadshot Customs AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE Deadshot Customs Sites, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THESE Deadshot Customs Sites WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Deadshot Customs Sites IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Deadshot Customs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Deadshot Customs DOES NOT WARRANT THAT ANY Deadshot Customs Site, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Deadshot Customs, OR ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE Deadshot Customs Sites, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE A Deadshot Customs Site, ANY CHANGES TO OR INACCESSIBILITY OF A Deadshot Customs Site, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH A Deadshot Customs Site, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH A Deadshot Customs Site, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.

Indemnification

You agree to indemnify, hold harmless, and defend Deadshot Customs, its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of a Deadshot Customs Site, including any data or work transmitted or received by you; and (iii) any prohibited use of a Deadshot Customs Site.

Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Deadshot Customs reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of any Deadshot Customs Site; (ii) suspend your access to or use of all or any portion of any Deadshot Customs Site; and (iii) terminate this Agreement. Sections 1, 2, 3, 4, 6, 7, 8, 9, and 10, shall survive any termination of this Agreement.

Miscellaneous

  1. Waiver

    No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

  2. Severability

    If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

  3. Law

    This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access a Deadshot Customs Site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to any Deadshot Customs Site from locations where such Site’s contents may be unlawful is prohibited.

  4. Forum

    All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Becker County, Minnesota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Becker County, Minnesota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Becker County, Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Becker County, Minnesota.

  5. Headings

    The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.

  6. Entire Agreement

    This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.

Password Protected Sites

If you access a password-protected Deadshot Customs Site (“Protected Site”), you represent that you have been granted access by Deadshot Customs and agree to take all reasonable precautions to safeguard the confidentiality of the content and all information accessed on the Protected Site, including without limitation the password (collectively, the “Proprietary Information“), exercising at least a degree of care suitable for the sensitivity of such information but in no instance less than reasonable care. You agree to immediately notify Deadshot Customs of any unauthorized use or disclosure of the Proprietary Information, and to take all necessary actions to prevent use or disclosure of the Proprietary Information in breach of this Agreement or applicable law.

When accessing a Protected Site, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Deadshot Customs of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Deadshot Customs will not be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Deadshot Customs or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.