Effective Date November 1, 2021
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE WEBSITE, APP, AND/OR SERVICES. BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING THE APP AND/OR ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE, ANY PART OF THE WEBSITE, APP, AND/OR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND ITS TERMS AND CONDITIONS AND THAT YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE WEBSITE, APP, AND/OR SERVICES.
This Agreement applies to all users of the Website, App, and/or Services, including without limitation, users who are vendors, customers, merchants, and contributors of content, information and other materials or services on the Website.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, E4473 RESERVES THE RIGHT TO ALTER THIS AGREEMENT OR OTHER RULES OR POLICIES RELATING TO THE WEBSITE, APP, AND/OR SERVICES AT ANY TIME. For any material changes to this Agreement, E4473 will notify You by email, by means of a notice on Our home page, and/or such other places as E4473 deems appropriate. What constitutes a “material change” will be determined at E4473’s sole discretion, in good faith, and using common sense and reasonable judgment. The date of the most recent version of this Agreement appears at the top of this Agreement. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by going to www.e4473.com/terms-and-conditions. Each use by You shall constitute and be deemed your unconditional acceptance of this Agreement.
The Website, App, and/or Services are maintained and provided as a service to our customers subject to this Agreement. You may use the Website, App, and/or Services solely for personal, non-commercial purposes. E4473 grants you a limited, revocable, nonexclusive license to use the Website, App, and/or Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website, App, and/or Services without the express, prior, written consent of E4473. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. Your access to and use of the Website, App, and/or Services is at the sole discretion of E4473, which may terminate Your use of the Website, App, and/or Services at any time. EE473 may, without further notice, make changes to the Website, App, and/or Services at any time. Your use of the Website, App, and/or Services are subject to federal law and the law of the State of Nevada (“Applicable Law”).
The term “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website, App, and/or Services. All Content is and shall continue to be the property of E4473 or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content or any part of the Website and/or App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website, App, and/or Services.
The Website, App, and/or Services are intended for adults only. You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. THE WEBSITE, APP, AND/OR SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13.
a. Account Access. In order to access and use certain features of the Website, App, and/or Services, we require your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”).
b. User Account and Password. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer or phone unattended while using the Website, App, and/or Services and to always exit Your secure access to the Website, App, and/or Services by clicking on “Log Out.” You also agree to immediately notify E4473 of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by email at email@example.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
c. Reliance by E4473. You authorize E4473 to rely on your UserID and password to identify you when you use the Website, App, and/or Services, and as signature authorization for any payment made using the Website, App, and/or Services. You acknowledge and agree that you are responsible for any payments you make using the Website, App, and/or Services and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Website, App, and/or Services with Your User Account or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that E4473 may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of this Agreement.
d. Security. E4473 is committed to protecting the security and confidentiality of information about you and your Account and User Account. E4473 uses, and may in the future use, several different security methods to protect your Account and User Account information, including: (i) You can only access the Website, App, and/or Services with certain browsers or mobile devices that have high security standards; (ii) If the Website, App, and/or Services does not recognize your computer or mobile device, you will be prompted to answer one of your challenge questions to verify your identity; (iii) The Website, App, and/or Services will automatically log off if prolonged periods of inactivity occur; (iv) Your session will terminate if you navigate away from the Website, App, and/or Services to another website or software application.
e. Electronic Communications.
(i) Email and Online Message Center. When you register to access and use the Website, App, and/or Services, you must designate a primary email address that will be used for receiving electronic communication. To the extent that E4473 maintains an online ticket center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by E4473 for providing you notices pursuant to this Agreement, as required by Applicable Law (as permitted) or generally regarding your Account with E4473. E4473 will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from E4473 requesting confidential information, do not respond to the email and notify E4473 by calling 1-888-407-6287 or forwarding the email to firstname.lastname@example.org.
(ii) Usage of Electronic Communication. By you registering to access and use the Website, App, and/or Services, you agree to receive this Agreement and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that E4473 may respond to any communication you send to E4473 with an electronic communication, regardless of whether your original communication with E4473 was an electronic communication. Any electronic communication E4473 sends to you will be considered received within three (3) calendar days of the date such communication is sent by computer servers utilized by E4473 to the email address you designate in your account profile or posted to E4473’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to E4473 will not be effective until E4473 has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with E4473 immediately and, in no event, should your sole method of communication with E4473 regarding any emergency be by electronic communication. E4473 strongly suggests that you report all matters requiring immediate attention to E4473 by calling 1-888-407-6287. E4473 may require you to provide written confirmation of any verbal or electronic notice of alleged error by E4473.
In addition, we will disclose such information to the Federal Firearms License (“FFL”) Dealers where You choose to sell or dispose of Your Firearms and to whom you are providing the ATF Form 4473 Information in connection with Your use of with the Website, App, and/or Services as part of Your sale or disposal of Your Firearm to such FFL Dealer. Furthermore, we and/or such FFL Dealer may also disclose all of the ATF Form 4473 Information provided by You in connection with Your use of with the Website, App, and/or Services when required by law, court order, or other government or law enforcement authority or regulatory agency, including, without limitation, in response to a request for such Information from the Bureau of Alcohol Tobacco and Firearms (“ATF”) or as may be required by the FFL Dealer under federal law.
g. Accurate Information. In creating and using your User Account in connection with the Website, App, and/or Services, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website and/or App; and (ii) maintain and promptly update Your User Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or E4473 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, E4473 has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
h. Account Inactivation. E4473 reserves the right to remove your access to and/or use of the Website, App, and/or Services for any reason including inactivity and at any time without notice to you. You have the right to inactivate your account by calling E4473 at 1-888-407-6287, submitting a ticket through the online ticket system or by writing to E4473 at the address provided at the end of this Agreement. Any inactivation of your use of the Website, App, and/or Services, whether initiated by you or by E4473, will not affect any of your or E4473’s rights and obligations under this Agreement that have arisen before the effective date of such inactivation. While E4473 will reasonably endeavor to ensure that any inactive account remains inaccessible to user reactivation, E4473 cannot delete any data associated with an inactive account due to applicable federal laws and regulations requiring such data to remain available to law enforcement.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, APP, AND/OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, APP, AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E4473 (AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE, APP, AND/OR SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT E4473 KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
E4473 PROVIDES THE WEBSITE, APP, AND/OR SERVICES ON A COMMERCIALLY REASONABLE BASIS. E4473 DOES NOT WARRANT OR GUARANTEE THE PERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE WEBSITE, APP, AND/OR SERVICES, OR THAT THE WEBSITE, APP, AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE, APP, AND/OR SERVICES WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE, THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE, APP, AND/OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, THAT E4473 SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE, APP, AND/OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA, OR THAT ALL SOFTWARE DEFECTS WILL BE CORRECTED. E4473 IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE WEBSITE, APP, AND/OR SERVICES. E4473 DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE, APP, SERVICES OR ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH WEBSITE, APP, AND/OR SERVICES ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, THAT ANY PERSON USING THE WEBSITE, APP, AND/OR SERVICES WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE.
NO WARRANTY IS MADE BY E4473 WITH RESPECT TO THE MAINTENANCE OF AND/OR ACCURACY OF ANY CONTENT OR YOUR DATA ACQUIRED BY E4473 AS PART OF YOUR USE OF THE WEBSITE, APP, AND/OR SERVICES. NO INFORMATION OR ADVICE (ORAL OR WRITTEN) OBTAINED BY YOU FROM E4473 OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY. E4473 ALSO EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION TO ANY PERSON OR ENTITY OTHER THAN YOU. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PART OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND E4473 AND (AS APPLICBLE) ITS OWNERS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, ATTORNEYS OR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ASSESSED OR INCURRED BY E4473, DIRECTLY OR INDIRECTLY, WITH RESPECT TO, ARISING OUT OF, OR RELATING TO: (I) YOUR FAILURE TO COMPLY WITH THIS AGREEMENT; (II) YOUR BREACH OF YOUR OBLIGATIONS UNDER THIS AGREEMENT; (III) YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION; OR (IV) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.
IN NO EVENT WILL E4473 OR ITS OWNERS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, ATTORNEYS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO DATA OR OTHER PERSONAL OR BUSINESS INFORMATION, GOODWILL, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, APP, AND/OR SERVICES, OR FOR ANY OTHER CLAIM ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT OR TO YOUR USE OF THE WEBSITE, APP, AND/OR SERVICES, EVEN IF E4473 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY CLAIM BY A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, APP, AND/OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, APP, AND/OR SERVICES, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, APP, AND/OR SERVICES BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS E4473’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT E4473 HAS NO CONTROL OVER OR LIABILITY FOR TELECOMMUNICATIONS OR INTERNET SERVICES PROVIDED BY E4473’S OR YOUR TELECOMMUNICATION AND INTERNET SERVICE PROVIDERS AND THAT EMAIL, TEXT MESSAGES, INTERNET-BASED SERVICES AND OTHER ASPECTS OF THE WEBSITE, APP, AND/OR SERVICES THAT RELY ON THIRD PARTY TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDERS ARE NOT THE RESPONSIBILITY OF E4473 AND E4473 HAS NO LIABILITY FOR ANY FAILURES, INTERRUPTIONS OR OTHER PROBLEMS CAUSED BY THE SERVICE OR EQUIPMENT OF SUCH TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR UNSENT, MISDIRECTED, LOST, BLOCKED OR UNRECEIVED EMAILS, TEXT MESSAGES, ALERTS, OR PUSH NOTIFICATIONS.
E4473 IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM: (I) THE MODIFICATION, MISUSE OR DAMAGE OF THE SOFTWARE OR WEBSITE BY PARTIES OTHER THAN E4473, (II) YOUR FAILURE TO IMPLEMENT ALL BUG FIXES OR OTHER DEFECT CORRECTIONS WHICH ARE MADE AVAILABLE BY E4473, (III) USE OF THE WEBSITE, APP, AND/OR SERVICES IN A MANNER INCONSISTENT WITH DIRECTIONS PROVIDED BY E4473 REGARDING USE OR AS PERMITTED BY THIS AGREEMENT, (IV) ANY COMPUTER VIRUS OR (V) ANY DEFECT IN OR FAILURE OF ANY THIRD PARTY’S INDIVIDUAL COMPUTER, EQUIPMENT, NETWORK OR SOFTWARE, OR FOR ANY USER ERROR. E4473 DOES NOT WARRANT AND SHALL HAVE NO LIABILITY WITH RESPECT TO NON-E4473 PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SOFTWARE OR HARDWARE, INTERNET CONNECTIONS OR CONNECTIVITY OR COMPUTER NETWORKS.
E4473’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, APP, AND/OR SERVICES SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH E4473. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
E4473 makes no representation that content or materials in Website, App, and/or Services are appropriate or available for use in jurisdictions outside the United States. Access to the Website, App, and/or Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Website, App, and/or Services from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. E4473 is not responsible for any violation of law. You may not use or export the Content or materials in the Website, App, and/or Services in violation of U.S. export laws and regulations. You agree that this Agreement and the Website, App, and/or Services shall be interpreted and governed in accordance with United States federal law and, to the extent not preempted by federal law, with the laws of the state of Nevada. The Website, App, and/or Services shall be deemed a passive website and service that does not give rise to personal jurisdiction over E4473, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where E4473 maintains your Account, or, if E4473 transfers your Account to another location, where E4473 currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Any and all uses of the Website, App, and/or Services by You shall be in compliance with all applicable and necessary governmental approvals and all applicable domestic and international laws, rules and regulations. You shall immediately inform E4473 in writing of any material complaint by any consumer or governmental body relevant to the Website, App, and/or Services, and the status and resolution thereof. You shall at Your own cost move expeditiously to resolve and assist E4473 to resolve any such complaint.
E4473 provides the Website, App, and/or Services as a service to You to assist with the processing of ATF Form 4473 in connection with Firearm transactions. E4473 does not warrant or guarantee that usage of the Website, App, and/or Services in connection with ATF Form 4473 provides the necessary level of legal and/or regulatory compliance required with respect to the facilitation and maintenance of ATF Form 4473. You will remain obligated to comply with all applicable federal and state laws, rules and regulations governing Your handling of ATF Form 4473.
E4473 may provide hyperlinks to other web sites maintained by third parties, or E4473 may provide third party content on the Website or App by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER E4473’S CONTROL AND E4473 IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE OR APP, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If a third-party links to the Website or App, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with E4473. In most cases, E4473 is not even aware that a third party has linked to the Website or App. A web site that links to the Website or App: (i) may link to, but not replicate, E4473’s Content; (ii) may not create a browser, border environment or frame E4473’s Content; (iii) may not imply that E4473 is endorsing it or its products; (iv) may not misrepresent its relationship with E4473; (v) may not present false or misleading information about E4473’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
We may terminate your User Account or right to access secured portions of the Website, App, and/or Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users of the Website, App, and/or Services, to E4473, to the business of the Internet service provider for the Website, App, and/or Services, or to other information providers.
The Website and App are ©2021 Bravo Store Systems, LLC d/b/a E4473. All content text, images, materials, and HTML code on the Website and App, and the compilation of all content on the Website and App, are the property of E4473 and protected by U.S. and International copyright laws and treaties, and all rights are reserved.
The materials contained on the Website and App may not be copied, photocopied, reproduced, distributed, transmitted, displayed, published, broadcast, translated, downloaded, or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of E4473. Any other reproduction in any form without the permission of E4473 is prohibited. Distribution for commercial purposes is prohibited. E4473 is not responsible for content on websites operated by parties other than E4473.
The E4473 name and logo and other E4473 graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, service marks, and/or trade dress of Bravo Store Systems, LLC in the U.S. and/or other countries. Other logos and product and company names mentioned on this Website may be the trademarks of their respective owners. You agree not to use E4473’s trademarks, service marks, and/or trade dress, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service, in any manner that is likely to cause confusion with E4473 and its Website, App, and/or Services.
Except as otherwise expressly provided for in this Agreement, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Website, App, and/or Services.
User Accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website, App, and/or Services with his or her User ID and password. You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by E4473 unless acknowledge by E4473 in writing. E4473 has no obligation to provide you with written acknowledgment. E4473 may, at any time and in its sole discretion and without notice to You, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.
With the exception of any disputes regarding a breach of Your duties, obligations, and/or covenants set forth in Sections 1, 3, 5, 7, 9, and 13 of this Agreement, any dispute, controversy or claim arising out of or in connection with, or relating to, this Agreement (including, without limitation, the Website, App, and/or Services) or the breach, interpretation, termination or validity thereof (including any question as to the arbitrability of any such dispute, controversy or claim) shall be submitted to and resolved exclusively by final and binding arbitration administered by Judicial Arbitration and Mediation Services/Endispute (“JAMS”) in accordance with its then prevailing Streamlined Arbitration Rules & Procedures, except as they may be modified by mutual written agreement of the Parties. Each Party hereby waives the right to broad discovery under Nevada and/or Federal Rules of Civil Procedure. One arbitrator appointed under such rules shall conduct the arbitration. Arbitration shall be in Las Vegas, Nevada, and the laws of Nevada shall be applied. The arbitrator shall apply Nevada law and/or federal law (depending on the nature of the claim) in all substantive rulings. The arbitration shall be administered by the parties and the arbitrator in a manner whereby all of the claims, filings and testimony arising out of the arbitration shall be confidential and not disclosed to any other third parties. Each party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator, provided, however, the arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for all reasonable costs, expenses, and fees incurred by such prevailing party in connection with the arbitration proceeding, including, without limitations, the arbitrators’ fees, administrative fees, filing fees, witness travel expenses, witness fees, expert witness fees, discovery costs, copying and telecommunication charges, messenger fees, document service and document delivery charges, and attorneys’ fees incurred by the prevailing Party in connection with such arbitration. You and E4473 agree that any claim or cause of action arising out of or related to this Agreement and/or the Website, App, and/or Services must commence within one (1) year after the party bringing such claim or cause of action became aware of the circumstances giving rise to such claim or cause of action; otherwise such claim or cause of action is permanently barred.
Any decision in arbitration shall be final and binding upon the Parties. Judgment may be entered thereon in any court of competent jurisdiction. ALL PARTIES AGREE TO WAIVE TRIAL BY JURY AS WELL AS RIGHT TO APPEAL. You understand and agree that by using binding arbitration to resolve disputes, You are giving up any right that You may have to a judge or jury trial with regard to all issues arising out of or relating to this Agreement.
BY ENTERING INTO THIS AGREEMENT, YOU SPECIFICALLY AUTHORIZE AND ACKNOWLEDGE THAT YOU AFFIRMATIVELY AGREE TO THIS BINDING ARBITRATION PROVISION OF THIS AGREEMENT AS REQUIRED UNDER NRS 597.995.
Notwithstanding the foregoing, E4473 retains the right to institute an action against You in any court of competent jurisdiction (and without having to first go through arbitration under this Agreement) in the event You breach any duties, obligations, and/or covenants set forth in Sections 1, 3, 5, 7, 9, and 13 of this Agreement (including, without limitation, Your obligations in this Agreement relating to scope of use of the Website, App, and/or Services or You violate any restrictions relative to the Website, App, and/or Services) or where E4473 brings claims for infringement of its proprietary or intellectual property rights (including E4473’s copyrights rights or other intellectual property rights in and to the Website, App, and/or Services), any claims relating to Your indemnification obligations to E4473 under this Agreement.
In any action or proceeding (including arbitration under this Agreement) between or among the Parties to interpret or enforce any of the provisions of this Agreement, including seeking specific performance, injunctive relief or damages for breach of this Agreement, or to obtain and enforce a judgment arising out of a breach of this Agreement, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to all of its reasonable costs and attorneys’ fees related to such action or proceeding, such costs and fees to include all costs of litigation, prosecution, enforcement, and/or collection, including, without limitation, expert witness fees and costs as well as costs of depositions.
In the event of a breach by You of Your duties, obligations, and/or covenants set forth in Sections 1, 3, 5, 7, 9, and 13 of this Agreement (including, without limitation, Your obligations in this Agreement relating to scope of use of the Website, App, and/or Services or You violate any restrictions relative to the Website, App, and/or Services) where E4473 brings claims for infringement of its proprietary or intellectual property rights (including E4473’s copyrights rights or other intellectual property rights in and to the Website, App, and/or Services), the Parties acknowledge and agree that such breach would cause irreparable harm and that an award of monetary damages to E4473 for such a breach would be an inadequate remedy, and therefore, in the event of such breach, in addition to any other rights and remedies available to E4473, E4473 shall be entitled to immediate injunctive relief to enforce the terms of this Agreement and to restrain You from further violations of the terms of this Agreement without the necessity of proof of actual damages, without having to post a bond, or without a showing of evidence of actual or likely irreparable harm (which You agree a court may presume in any action brought by E4473), and in the event E4473 does apply for any injunctive relief, which injunction shall remain in place pending completion of any action commenced, that E4473 may have an adequate remedy at law shall not be raised as a defense.
This Agreement shall be construed in accordance with the laws of the State of Nevada without regard to or application of choice of law rules or principles. You agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of Nevada, County of Clark, for any actions, suits, or proceedings (including arbitrations) arising out of or relating to this Agreement or asserting a breach of this Agreement. You hereby irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of an alleged breach of this Agreement in the courts of the State of Nevada or of the United States of America located in the State of Nevada, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in such court that any such action, suit, or proceeding brought in such court has been brought in an inconvenient forum. Service of process, summons, notice, or other document by mail (U.S. First Class Mail) to Your mailing address as provided for in Section 18 shall be effective service of process for any suit, action, or proceeding brought in any such court. In the event that such mailed documents are returned undelivered, then service of such documents by e-mail to Your e-mail address as provided for in Section 18 shall be effective service of process for any suit, action, or proceeding brought in any such court.
If any court of competent jurisdiction declares any term of this Agreement void or unenforceable, that declaration shall have no effect on the remaining terms hereof and such provision will be modified to reflect the parties' intention. The failure by either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach of this Agreement will not be deemed a waiver by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches. You and E4473 are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Neither party shall be liable for any delay, nonperformance or related damages if such delay or nonperformance was due to causes beyond its reasonable control, including, but not limited to acts of God, civil emergencies, electrical power failure, loss of communications, or the delay of the other party or third parties.
Except as expressly provided otherwise in this Agreement, any notices required under this Agreement must be in writing and sent (i) in the case of E4473, via certified mail (return receipt requested) to the address recited below or (ii) in Your case, to the email address You provided to E4473 upon registration to use the Website, App, and/or Services. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, E4473 may give You notice by certified mail (return receipt requested) to the address You provided to E4473 upon registration to use the Website, App, and/or Services. In the case of notices sent by mail, notice shall be deemed given three (3) calendar days after the date of mailing.
The Software and/or Services are provided by:
Bravo Store Systems, LLC
Attn: Legal Department
P.O. Box 370997
Las Vegas, Nevada 89137-0997
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