TERMS AND CONDITIONS
This website (“Site”) is owned and operated by The Gallery Sportsman’s Club LLC (“The Gallery Sportsman’s Club & Range”). These Terms of Use (“Terms of Use”) contain the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User”) may access and use this Site and the content. By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy (“Privacy Policy”) and the Purchase Agreement (“Purchase Agreement”) and consent to The Gallery Sportsman’s Club & Range’s use of your Personal Data set out therein. If you do not agree to these Terms of Use, the Privacy Policy, and the Purchase Agreement, you may not use this Site.
We encourage you to review the following information carefully.
Indemnification and Agreement to Defend: I fully agree that if any of my representations when making purchases under the Terms of Sale are incorrect or if I fail to comply with these Terms of Sale, then I will indemnify, defend, save harmless, and release The Gallery and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from my purchase from The Gallery Sportsman’s Club & Range. I fully agree that by placing my order, I release The Gallery Sportsman’s Club & Range from any and all liability arising from or related to the products I purchased from The Gallery Sportsman’s Club & Range, including (but not limited to) my or anyone else use of the product, my or anyone else’s storage of the product, and my or anyone else’s handling or transportation of the product, and I agree to indemnify, defend, save harmless, and release The Gallery Sportsman’s Club & Range and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from the products I purchased from The Gallery Sportsman’s Club & Range.
Class Action Waiver: You expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Disclosure: We may disclose your personal information if we are required by law to do so or if you violate our terms of Service.
Changes in Policy: The Gallery Sportsman’s Club & Range reserves the right to modify, alter, delete, and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.
Confidential Information: “Confidential Information” means any information or data disclosed by The Gallery Sportsman’s Club & Range to you whether labelled as such and regardless of the method of transmission or the media in which the same is stored or recorded. Confidential Information includes but is not limited to financial, customer, commercial, marketing, sales, strategic, technical, or scientific information (including without limitation all trade secrets (as defined by applicable law)), software or firmware code, product designs and/or specifications, algorithms, computer programs, inventions, unpublished patent applications, manufacturing or other technical or scientific know-how, specifications, technical drawings, diagrams, schematics, technology, processes, discoveries, ideas, concepts, know-how, techniques, materials, formulae, compositions, information, data, data summarizations, results, plans, surveys and/or reports of a technical nature or concerning research and development and/or engineering activity, Derivatives (as defined below) of Confidential Information, and any and all other business information of The Gallery Sportsman’s Club & Range and its affiliates. “Derivatives” means: (i) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (ii) for patentable or patented material, any improvement thereon; (iii) for material that is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws; and (iv) for all intellectual property, any products, concepts, and paperwork derived therefrom. Without limiting the foregoing, Confidential Information expressly includes all writings or other media prepared by User that contain or otherwise reflect Confidential Information of The Gallery Sportsman’s Club & Range. All right, title, and interest in The Gallery Sportsman’s Club & Range’s Confidential Information is the exclusive property of The Gallery Sportsman’s Club & Range (or, to the extent applicable, of any third party that has permitted The Gallery Sportsman’s Club & Range to disclose its information hereunder).
Grant of License: These Terms of Use provide User with a limited personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may, on an occasional and irregular basis, print and download materials and Confidential Information on the Site solely for use conditioned on your continued compliance with the terms and conditions of these Terms of Use, and only for internal personal or business use, or that of your Representatives (as defined below), provided that you or your Representatives do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information, data, reports, or material obtained from or through the Site. Further, you may not post any content from the Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of The Gallery Sportsman’s Club & Range. You warrant to The Gallery Sportsman’s Club & Range that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Site, or (ii) collecting any information about other users of the Site, including passwords, accounts or other information.
Obligations of Confidentiality: User will keep Confidential Information confidential and secure and will use at least the same standard of care to protect the Confidential Information as User employs for the protection of its own proprietary information, but in no case less than a reasonable standard of care. Except as provided in this Terms of Use, the User will not disclose the Confidential Information to any third party, use or appropriate in any manner the Confidential Information for its own or any other party’s use or benefit, or use the Confidential Information in any manner that would be adverse to The Gallery Sportsman’s Club & Range. Confidential Information will not be reproduced in any form except as required to accomplish the intent of this Terms of Use. The User will promptly notify The Gallery Sportsman’s Club & Range in writing of any actual or suspected loss or unauthorized use, disclosure or access of User’s Confidential Information.
Representatives: User will restrict the possession, knowledge, and use of The Gallery Sportsman’s Club & Range’s Confidential Information to its officers, directors, employees, professional advisors, and/or subcontractors and those of its Affiliates (collectively, “Representatives”) who are acting solely for the benefit of the User. The term “Affiliates” as used herein will refer to any entity that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the User. Any Representative to whom the User gives access to any Confidential Information of The Gallery Sportsman’s Club & Range must be bound by this Terms of Use as evidenced by a separate, and legally enforceable, agreement. User agrees that it will be liable for any breach of this Terms of Use caused directly or indirectly by its Representatives or Affiliates.
Exclusions: Confidential Information does not include any information as to which the User is able to demonstrate: (i) is, or after the date of disclosure under this Terms of Use becomes, generally available to the public other than as a result of any actions or omissions of the User or its Representatives; (ii) was already known by the User prior to the time of disclosure under this Terms of Use, as evidenced by written records kept by the User in the ordinary course of its business or as evidenced by proof of actual prior use by the User; (iii) subsequent to disclosure under this Terms of Use, is received without restriction on disclosure from a third party that is lawfully in possession of such information, and with respect to such information, is not, to User’s knowledge, in violation of any legal, contractual, or fiduciary obligation to The Gallery Sportsman’s Club & Range or to any other party from which it obtained such information; or (iv) is developed by the User independently without any use of or reference to the Confidential Information. Any combination of Confidential Information with information not so classified will not be deemed to be within one of the foregoing exclusions merely because individual portions of such combination are free of any confidentiality obligation or are separately known in the public domain.
Intellectual Property Rights: All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its content, layout and design are the exclusive property of The Gallery Sportsman’s Club & Range or its licensors or affiliates and, except as expressly provided herein, The Gallery Sportsman’s Club & Range does not grant any express or implied right in any such materials to you. The contents of the Site are © 2020, The Gallery Sportsman’s Club & Range Shooting Center, LLC and/or its licensors or affiliates. All rights reserved. In particular and without limitation, The Gallery Sportsman’s Club & Range’s own copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site. “The Gallery Sportsman’s Club & Range” and all other names, logos, and icons identifying The Gallery Sportsman’s Club & Range and/or The Gallery Sportsman’s Club & Range’s products and services are proprietary marks of The Gallery Sportsman’s Club & Range or its licensors or affiliates. Third party product and company names mentioned herein are the trademarks of their respective owners
Password Policy: Your use of certain portions of the Site requires a password. As part of the registration process, you must select a member name and password and agree to provide The Gallery Sportsman’s Club & Range with accurate, complete and up-to-date information. Your username and password are exclusive for your use. Anyone with knowledge of your password is prohibited from gaining access to the restricted portions of the Site and the information available to you. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Site using your password. You will also immediately notify The Gallery Sportsman’s Club & Range if you become aware of any loss or theft of your password or any unauthorized use of your password. The Gallery Sportsman’s Club & Range reserves the right to delete or change a password at any time and for any reason.
Assumption of Risk: You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While The Gallery Sportsman’s Club & Range has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, The Gallery Sportsman’s Club & Range and The Gallery Sportsman’s Club & Range’s licensors, affiliates and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. The Gallery Sportsman’s Club & Range and The Gallery Sportsman’s Club & Range’s licensors, affiliates and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. User and its affiliates expressly disclaim any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation or distribution of the Site. User expressly assumes the entire risk for the results and performance of the Site. User assumes the sole and complete risk of using the Site.
Enforcing Security: Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, The Gallery Sportsman’s Club & Range reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. The Gallery Sportsman’s Club & Range will also comply with all court orders involving requests for such information.
Links to Other Websites: The Gallery Sportsman’s Club & Range may provide links, in its sole discretion, to other websites on the Internet for your convenience in locating related information and services. These websites have not necessarily been reviewed by The Gallery Sportsman’s Club & Range and are maintained by third parties over which The Gallery Sportsman’s Club & Range exercises no control. Accordingly, The Gallery Sportsman’s Club & Range expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products, or services provided by or advertised on and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
Events Beyond The Gallery Sportsman’s Club & Range’s Control: You expressly absolve and release The Gallery Sportsman’s Club & Range and The Gallery Sportsman’s Club & Range’s licensors, affiliates and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
DISCLAIMERS: The Gallery Sportsman’s Club & Range obtains all information furnished on the Site from sources believed by it to be accurate and reliable. User acknowledges that information on Site may not reflect the most current information available on third-party sites, or the most current information provided by The Gallery Sportsman’s Club & Range subject to Other Agreements (as defined below). You expressly agree that you will make your own study and evaluation of each product and service listed on the Site. Because of the possibility of human and mechanical error as well as other factors, the site and all related materials, products, services and information are provided on an “as is” and as available basis without representation or warranty of any kind, and The Gallery Sportsman’s Club & Range and its licensors, affiliates and suppliers make no representation or warranty, express or implied, to you or any other person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to the site or any related materials, products, services or information. Prices are subject to change without notice. Images, photographs, descriptions, etc. may not necessarily represent the actual goods in quality, color, or any other respect. The Gallery Sportsman’s Club & Range makes no representation that materials on the Site are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of the Site are illegal is prohibited. If you choose to access the Site from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws. You acknowledge the Site may or may not be accessible due to intentional and unintentional conditions. You agree and acknowledge that no oral or written information or advice given by The Gallery Sportsman’s Club & Range or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms of Use by a written agreement.
FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE SITE OR ITS CONTENTS ARE UNAVAILABLE. MOREOVER, THE GALLERY SPORTSMAN’S CLUB & RANGE MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL THE GALLERY SPORTSMAN’S CLUB & RANGE OR ITS LICENSORS, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE GALLERY SPORTSMAN’S CLUB & RANGE AND ITS LICENSORS, AFFILIATES AND SUPPLIERS DISCLAIM LIABILITY FOR ANY ACTUAL DAMAGES BASED ON YOUR USE OF THE SITE AND ITS CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF THE GALLERY SPORTSMAN’S CLUB & RANGE AND ITS LICENSORS, AFFILIATES AND SUPPLIERS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND ITS CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE USER FOR SERVICES PROVIDED VIA THE SITE PURSUANT TO THESE TERMS OF USE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, AND (B) U.S. $200.
Indemnity: You agree to indemnify and hold harmless The Gallery Sportsman’s Club & Range, its licensors, affiliates and suppliers, all of their licensors, affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.
Item Availability: Available products and services are subject to change. The Gallery Sportsman’s Club & Range and its suppliers reserve the right to add, replace, or withdraw products and services at each of The Gallery Sportsman’s Club & Range’s and suppliers’ sole discretion. The Gallery Sportsman’s Club & Range reserves the right to correct, modify, or cancel orders that are placed with incorrect product information or pricing, without notice.
Governing Law: These Terms of Use, including (without limitation) any disputes relating to the content on the Site, whether sounding in contract, tort, statute or otherwise, shall be governed by and construed in accordance with the laws of the State of Colorado. Any action arising out of or relating to this Agreement, or any of its terms, shall be filed only in a court of competent jurisdiction within the State of Colorado, Second Judicial District. The parties hereby (i) submit to such jurisdiction and venue and waive the defense of forum non conveniens; and (ii) consent to service of process in any such action by registered mail, return receipt requested, or by any other means provided by law.
Term, Termination, Amendments.: These Terms of Use will take effect when you first commence using the Site. The Gallery Sportsman’s Club & Range reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice. Please note that The Gallery Sportsman’s Club & Range reserves the right to change the terms and conditions of these Terms of Use without notice.
Waiver: The Gallery Sportsman’s Club & Range’s failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by The Gallery Sportsman’s Club & Range of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Nature of Relationship/Severability: No joint venture, partnership, employment, or agency relationship exists between you and The Gallery Sportsman’s Club & Range as a result of these Terms of Use or your utilization of the Site. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.
Entire Agreement/Reservation of Rights: Your rights to use certain material available on or through the Site may be subject to separate written agreements with The Gallery Sportsman’s Club & Range (“Other Agreements”). Particular pages or features of the Site with content supplied by The Gallery Sportsman’s Club & Range or its licensors or affiliates may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms of Use, the Privacy Policy, and the Purchase Agreement represent the entire agreement between you and The Gallery Sportsman’s Club & Range with respect to your use of and material available on or through the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written. Any rights not expressly granted herein are reserved.
Anti-Terrorism Compliance: You agree to comply with and assist The Gallery Sportsman’s Club & Range to the fullest extent possible in The Gallery Sportsman’s Club & Range’s efforts to comply with Anti-Terrorism Laws (as defined below). As a result, you certify, represent, and warrant that: (i) none of your property or interests is subject to being “blocked” under any of the Anti-Terrorism Laws and that you are not otherwise in violation of any of the Anti-Terrorism Laws; (ii) none of them is listed in the Annex to Executive Order 13224 (which can be accessed at http://www.treasury.gov/offices/enforcementJofac/sanctions /terrorism.html); (iii) you will refrain from hiring (or, if already employed, retain the employment of) any individual who is listed in the Annex; (iv) you have no knowledge or information that, if generally known, would result in you, your partners, agents, predecessors in interest, employees, or anyone associated with you being listed in the Annex to Executive Order 13224; (v) you are solely responsible for ascertaining what actions you must take to comply with the Anti-Terrorism Laws, and you specifically acknowledge and agree that your indemnification responsibilities set forth in this Agreement pertain to your obligations under this Section; (vi) any misrepresentation under this Section or any violation of the Anti-Terrorism Laws by you, your partners, agents, predecessors in interest, employees, or anyone associated with you, shall constitute grounds for immediate termination of these Terms of Use and any other agreement you have entered into with The Gallery Sportsman’s Club & Range or any of The Gallery Sportsman’s Club & Range’s affiliates. For purposes of these Terms of Use, “Anti-Terrorism Laws” means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations and other regulations found at 31 CFR 515, 595, 597 and any laws which now pertain or which may in the future pertain to the matters of this nature.
Acknowledgement and Agreement: By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy and consent to The Gallery Sportsman’s Club & Range’s use of your Personal Data set out therein. You agree that any purchase made through the Site will require you to enter into a Purchase Agreement that will further govern your use of the Site. In the event of a conflict between the Purchase Agreement and these Terms of Use, the Purchase Agreement will govern and control.
