Any activity involving firearms is potentially dangerous and could result in property damage, serious injury or death. All firearms must be handled in a responsible manner.
Terms of Use for TradeSmart LLC’s Website
Effective Date: March 01, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or otherwise using this Site, you agree to be bound contractually by these Terms of Use. Your compliance with these Terms of Use is a condition to your use of this Site. If you do not agree to be bound by the Terms of Use, please exit this Site immediately.
1. Parties. The parties to these Terms of Use are you, and the owner and operator of this website, TradeSmart, LLC (“TradeSmart”). All references to “we,” “us,” “this website,” or “this site” shall be construed to mean TradeSmart.
2. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the “Terms” link at the bottom of this site’s pages. You should check these Terms of Use periodically for modifications.
3. Use and Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) the public areas of this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement.
You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to, (a) accessing data not intended for such user, (b) logging onto a server you are not authorized to access, (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law, (e) reselling, sublicensing, transferring, assigning, or distributing this site, (f) modify or make derivative works based on the site or (g) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
Furthermore, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass any measures we may use to prevent or restrict access to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working on this Site.
We take network security violations seriously. Violations may result in civil or criminal liability. TradeSmart will investigate occurrences that may involve such violations and may involve, or cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the link on this site’s home page.
5. Registration Information. We may require you to provide information about yourself in order to register for and/or use certain Services if you choose to acquire the services advertised on this site. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of this information and agree not to disclose it to any third party.
If you are using the login portal feature, you agree to use such services only for their intended purposes. If it directs you to a third-party site, you agree to be bound by the third-party’s terms and conditions.
6. Copyright Ownership. This site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, videos, graphics, sounds, and the entire contents of the site are copyrighted as a collective work under the United States copyright laws. TradeSmart owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
If we provide downloadable content, you may download such copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TradeSmart and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
7. Dangerous Activity. Any activity involving firearms is potentially dangerous and could result in property damage, minor or serious injury, disabling injury, or even death. All firearms must be handled in a responsible manner. You are responsible for the safe use and storage of any firearms you own and/or operate at all times.
8. Opinions. The information presented on this Site is for the promotion and advertising of TradeSmart products, and to provide basic gun safety information. All the information contained here, including training information, techniques, scenarios, and/or recommendations are valid under specific circumstances that cannot be exactly duplicated by the viewer. Before you try to implement any of the information on this Site, please make sure to consult a professional or ensure there is not more up-to-date information elsewhere.
9. Blog Posts. TradeSmart may post written content as a “Blog Post” on this Site. These blogs are the opinions of TradeSmart and are for the promotion and advertising of TradeSmart products and to provide basic gun safety information. If someone not affiliated with TradeSmart is writing a “Guest Blog Post” it will be clearly marked as such. The opinions contained in Guest Blog Posts are not necessarily those of TradeSmart, nor does TradeSmart condone or verify the information contained therein. Please read all blog posts at your own risk.
10. No Guarantees. TradeSmart cannot guarantee that any of the information continued on our Site or in our Downloadable Content is correct, accurate, complete, or up to date. You should not act or rely on any information in these materials without seeking the advice of a professional. TradeSmart disclaims any responsibility for the misuse or misinterpretation of information contained in these Materials. It is your responsibility to follow any and all applicable state, federal or international laws and follow proper safety precautions.
11. Competent Adults Over 21. By using this Site you warrant that you are over 21 years of age and of sound mind and body to agree to use this site. If you are not over 21 years of age, or not otherwise competent to use this site, you need to immediately navigate away from this webpage.
12. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TRADESMART, NOR ITS PRESENT OR FUTURE PARENTS NOR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE CONTENT THAT MAY BE PROVIDED, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TRADESMART, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THIS SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CONTRAST CONNECT OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT CONTRAST CONNECT OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
(D) IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13. No Liability. TradeSmart disclaims any and all responsibility for any liability incurred by any individual as a result of using the information contained on this site. You use this website AT YOUR OWN RISK.
14. Services Subject to State Law. TradeSmart operates subject to state regulations and may not be available in certain states.
15. Indemnity. You agree to defend, indemnify, and hold TradeSmart harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by TradeSmart arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site.
16. User Content. TradeSmart may, at their sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through our platforms, you hereby grant TradeSmart a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform, or for any other purpose in our sole discretion. You acknowledge you are either the sole and exclusive owner of all User content that you make available on or through our site, or you have all rights, licenses, consents, and releases that are necessary to grant TradeSmart the rights. TradeSmart reserves the right, at any time and without prior notice, to remove or disable access to User Consent that TradeSmart, in its sole discretion, consider to be objectionable, in violation of these Terms, or otherwise harmful to our Sites or Consumers, or for any other reason.
17. Links to This Site. TradeSmart grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray TradeSmart or its products or services in a false, misleading, derogatory, or offensive manner. You may not use the TradeSmart logo, trademark, or name or trademarks, or other proprietary graphic in the link without the prior written permission of TradeSmart.
18. Links to Third Party Websites. TradeSmart does not review or control third party websites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party sites is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.
19. Accuracy and integrity of information. While TradeSmart attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, out of date pricing or information, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Information contained on the Site may be changed or updated without notice.
20. Copyright/No Transfer. The Materials are the sole and exclusive property of TradeSmart. You may view or download these Materials for your personal use only. You agree that you have no right, title, interest, or claim to the Materials. You may not sell, lend, lease, assign, distribute, or otherwise transfer these materials to another person or entity. You may not copy, reverse engineer, modify or create derivative works based on the Materials. If you transfer a copy of the Materials (or any portion thereof) to another party, your right to use the materials is automatically terminated.
21. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the state of TradeSmart’s choosing, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of TradeSmart’s choosing to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
22. Severability. If any term or other provision of these Terms of Use are invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms and conditions herein shall nevertheless remain in full force and effect.
23. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
24. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site.
