GunCycle.com

Welcome to GunCycle.com (the “Website”). GunCycle, LLC, a Kansas limited liability company, and/or its affiliates (“we”, “us”, “our”, or “GunCycle”) provide website features and services on the Website to you subject to the following terms and conditions. Please read them carefully.

1. INTRODUCTION
   1. Agreement. By visiting the Website or using the Services (defined below), you accept these Terms of Use and the other agreements referred to herein and form a legally binding contract with us (the “Agreement”). If you are visiting the Website or using the Services on behalf of an entity, then both you individually and the entity are bound to this Agreement. If you or your entity do not desire to enter into a legally binding contract with us, then DO NOT visit the Website, DO NOT register or create an account with us, and DO NOT use the Services.
      “Agreement” also includes our Privacy Policy and our Copyright Policy. Please read all agreements you create with us carefully.
      “Services” means your use of the Website including all derivatives of the same (e.g. mobile versions, affiliate sites, other platforms) and your performance of any actions regarding any of the same, and includes all of the services we provide to you as outlined in this Agreement.
      In this Agreement, you will be referred to as “you” or the “user” and if you create an account with GunCycle, then that account will be referred to as “Your Account”.
   2. Amendments to This Agreement. We reserve the right to modify, supplement, or restate this Agreement at any time, so please review it frequently. If we make material changes to this Agreement, we will notify you by means of a notice on the home page of the Website (or by a notice sent to you, in our sole discretion) so that you may access and review the changes to this Agreement in advance of your continued use of the Service. By continuing to use the Service after notice of changes has been sent to you or published on the Website, you are consenting to the changes. If you do not agree to the changes, then do not visit the Website and do not continue your use of the Services.
2. YOUR RIGHTS
   1. Your Rights. Provided you are not in breach of any agreement with us, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to use the Services, through a generally available web browser, mobile device or application, in accordance with this Agreement. Any other use of the Services contrary to this Agreement is strictly prohibited and constitutes a breach of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GunCycle and all related items, including any and all copies made of the GunCycle website.
3. YOUR OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES
   1. Eligibility; Compliance. To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: are 18 years of age or older; are not currently restricted from using the Services, or not otherwise prohibited from having a GunCycle account; are not a competitor of us and are not using the Services for reasons that are in competition with us; will only maintain one GunCycle account at any given time; have full power and authority to enter into this Agreement and in doing so will not violate any other agreement with us to which you are a party; will not violate any rights of GunCycle, including intellectual property rights such as copyright or trademark rights; and agree to provide at your cost all equipment, software, and internet access necessary to use the Services. Further, you must comply with all applicable laws and this Agreement, as may be amended from time to time.
   2. Materials Submitted by You. As part of your use of the Services under this Agreement, you may provide or deliver, directly or indirectly, content and information to GunCycle, including without limitation, any user generated content, ideas, concepts, techniques or data (the “Your Content”). You own Your Content and may request its deletion at any time unless you have shared the content with others and they have not deleted it or it was copied or stored by other users. You grant GunCycle a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to reproduce, prepare derivative works from, distribute, display, perform, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, Your Content, without any further consent, notice and/or compensation to you or to any third parties. Any content you submit to us is at your own risk of loss as provided this Agreement. By providing Your Content to us, you represent and warrant that you are entitled to submit the same and that Your Content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your GunCycle profile information accurate and updated.
   3. Prohibited Uses. You may not: (a) use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; (b) use any robot, spider or other automatic device, process or means to access the Services; (c) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the Services; (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services; (g) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Services.
   4. Credentials. You shall: keep Your Account password secure and confidential; not permit others to use Your Account; not use other users’ accounts; not sell, trade, or otherwise transfer Your Account; and not charge anyone for access to any portion of the Services or any information therein. Further, you are responsible for anything that happens through Your Account or your use of the Services until you close down Your Account or prove that Your Account security was compromised due to no fault of your own.
   5. Indemnification. You shall save, indemnify, and hold us harmless, for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third party claims, charges, and investigations, caused by: your failure to comply with this Agreement, including without limitation, your submission of content that violates third party rights or applicable laws; Your Content; any activity in which you engage on or through the Services; and all disputes which might arise between you and another user of the Services.
   6. Payment. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree that we may store your personal identification information including without limitation all payment information and credit card information and you shall pay the applicable fees for the Premium Services (including without limitation, periodic fees for premium accounts) as they become due plus all related taxes and reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of any applicable subscription period. You may cancel your Premium Services any time, unless a specific term is agreed to by you and us in a separate agreement, in which case the termination of your Premium Services shall be governed by said agreement. GunCycle will provide refunds only in accordance with its standard refund policies. Your use of any Premium Services are subject to this Agreement and all additional terms related to the provision of the Premium Service.
   7. User-to-User Communication and Sharing. GunCycle offers various services that enable you to share Your Content and other information with the general public and other users, including to potential employees and employers and current employees and employers. Your Content and other information you share may be seen and used by other users or members of the general public and we cannot guarantee that other individuals will not use Your Content or other information that you share using the Services. If you would like to keep Your Content or other information confidential and/or don’t want others to use the same, then do not share or provide the same to us. WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU SUBMIT USING THE SERVICES.
   8. Contributions or Suggestions to GunCycle. If you submit ideas, suggestions, documents, and/or proposals ("Your Contributions") to us through our Services or otherwise, you represent and warrant and acknowledge and agree that: Your Contributions do not contain confidential or proprietary information; we may use or disclose (or choose not to use or disclose) such Your Contributions for any purpose, in any way, in any media worldwide; we may have something similar to Your Contributions already under consideration or in development; you irrevocably assign to us all rights to Your Contributions; and you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
4. TRANSACTIONS ON THE WEBSITE
   1. Posting. The Services include the ability for users to post items for sale on the Website (a “Posting”) and to include information on the items such as photos, text, and other content (the “Post Content”). We are not responsible for the Postings or the Post Content which are generated by our users or by you. We do not monitor the Postings or the Post Content for accuracy and we make no representation or warrant that the Postings or the Post Content are accurate or reliable. Notwithstanding the foregoing, we may monitor, edit, refuse to post, or remove any Postings or Post Content, in our sole and absolute discretion.
   2. Seller Actions. If you post any Goods for sale through the Services, then you are entering into a legally binding contract with the winning buyer, if any, to sell the Goods to the buyer, all in accordance with this Agreement and any other applicable rules on the Website for your Posting. If a contract is created, then you shall fully perform your obligations under that contract, including without limitation, selling and delivering the Goods to the buyer. You represent and warrant to us that (a) you have the legal right to sell the Goods you post; (b) the sale of your Goods will not be fraudulent or involve the sale of counterfeit or stolen goods; (c) your Posting and sale will not infringe any other parties’ copyright, patent, trademark, trade dress, trade secret, or other intellectual property, or rights of privacy or publicity; (d) that your Posting and sale will not violate any other legal requirements or applicable law, including without limitation, those governing the import and export of goods, consumer protection, unfair competition, anti-discrimination, and false advertising.
   3. Buyer Actions. If you enter a bid on any Posting, then you are entering into a legally binding contract with the seller to purchase the Goods in the Posting if you are the winning bidder, all in accordance with this Agreement and any other applicable rules on the Website for the Posting. If such contract is created, then you shall fully perform your obligations under that contract, including without limitation, paying the seller the amounts due to the seller. We do not accept payments, all payments for all purchase of the Goods shall be made to the seller of those Goods. You shall not bid on any goods unless the sale, purchase, and transfer, of the Goods to you from the seller are legal under all applicable laws, rules, and regulations. You shall not bid on any Goods for the benefit of any third party.
   4. Legality of Purchase and Shipment. If you sell or purchase firearms on the Site, you agree to comply with all applicable laws, rules, and regulations governing the specific requirements for transfer and shipping of firearms, including without limitation those found in this Agreement (which shall apply regardless of any contrary information contained in a seller’s Posting). You shall: (1) comply with all applicable laws, rules, and regulations in listing, selling, purchasing, transferring and shipping any Goods; (2) be solely responsible for compliance with all applicable export or import controls with respect to these transactions with respect to Goods purchased or sold by you; (3) comply with all laws, rules, and regulations regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the sale, export and transport of all Goods; (4) not engage in bid rigging or sale price manipulation of any kind on any Posting; and (5) comply with the following required terms of sale through the Services: (a) in the U.S., Firearms (as defined below) must be shipped only to a Federal Firearms License (FFL) holder. Buyers must transmit a copy of his/her (or his/her transfer dealer’s) license to the seller before the Goods can be shipped. Buyer shall make arrangements with a transfer dealer before placing a bid. For purposes of this Agreement, “Firearms” and “Ammunition” shall have the meanings given in the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq; and (b) Goods may not be sold or shipped contrary to state and local laws, rules, and regulations, which may vary considerably. If you or the Goods you are bidding upon are located within the U.S. or owned by persons located within the U.S., you additionally represent and warrant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (1) you are not a national of or located in any country embargoed by the United States, and (2) you are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and you are not listed on any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, and you are not using or accessing the Services or the Website on behalf of a party who is on any such lists.
   5. Only a Venue. You acknowledge that we are not a traditional auctioneer and that the Website and Services, and our role in running the same, is that of an advertising venue for the sale of firearms and other related items (the “Goods”) and that our only role is offering an online bidding platform, which is part of the Services. We make no representations or warranties to you or to any of our users that: the users selling the Goods are accurately identifying themselves; the sellers have authority to enter into contracts; the sellers are of any required age to enter into a contract; the users are able to or willing to complete transactions regarding the sale and purchase of the Goods; the Goods are accurately described in the Postings; the Goods or safe or of a particular quality; the Goods do not infringe the intellectual property of others; or that the Goods are free from encumbrances or other liens.
   6. No Licenses. With regards to the transactions on the site or those initiated on the site, we are never in possession of any of the Goods and we are not the seller or purchaser of those Goods. We do not represent or warrant that any of the Goods or the sale of the same comply with any or all of the applicable legal requirements for the sale, transfer, and transport of the Goods, including without limitation to statutes, regulations, or requirements of any country, state, locality, province, municipality, or other government entity or authority or regulatory entity regarding the sale or auction of, the sale and/or transfer of, export or import of, taxation of, duties or tariffs of, the Goods. We are not a broker or dealer of the Goods and we do not make any representation or warranty as to the status of any of our users in regards to their broker/dealer status.
   7. We Are Not the Seller; Transfer of Title. We do not transfer legal ownership of Goods from the seller to the buyer and nothing in this Agreement shall modify the governing provisions of the Uniform Commercial Code of any state, under which legal ownership of an item is transferred upon physical delivery of the Goods to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the Good’s lawful owner upon physical receipt of the item from the seller, in accordance with governing law cited above.
   8. Taxation. You agree that we bear no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Services by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged to sellers by us. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted through the Services, except taxes imposed on or measured by our income or net worth.
   9. Release. You acknowledge and agree that we do not take title to or possession of any Goods being sold through the Services, and we are not a principal in the transactions through the Services, nor are we your agent or an agent of any seller or other buyer. Because we are not and cannot be involved in dealings between users of the Services, if you have a dispute with another user (whether a buyer or seller), you hereby release us, our directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
5. GUNCYCLE FEES
   1. Our Fees. You shall pay all applicable fees for using the Services, and you understand that all fees paid to us are non-refundable. A list of the applicable fees appears on our Fees page, which is incorporated in its entirety in this Agreement, and all payments to us shall be made in accordance with the terms on the Fees page.
   2. Credit Cards and ACH Direct Payments. If you provide us with your credit card or ACH direct payment account information for the purpose of paying fees to us, then you thereby authorize us to charge your card for any fees you accrue as a result of using the Services. You authorize us to consolidate balances from any duplicate accounts you may have created through our Services and bill them to your credit card or ACH direct payment account. You may revoke your authorization by sending us a written request to GunCycle, 2802 John Brown Rd, Princeton, KS 66078. We may continue to bill your credit card or direct payment account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, please contact us. If you deliberately or inadvertently issue a chargeback to your credit card, Your Account will be terminated and you agree to pay a $50 processing and collection fee.
   3. Past Due Accounts. If a your account payments are past due, we reserve the right to void, suspend and/or terminate your Postings and other rights and we may terminate Your Account. If your account payments are more than 30 days past due, we reserve the right to report this transaction history to credit agencies, as well as to void promotional offers, including free or discounted listings. Accounts that are, or have been, past due will have their credit limit reduced to zero and past due balances will be subject to a late fee of 1.5% per month or the highest amount permitted by applicable law, whichever is lower. If you fail to pay the past due amounts, we may turn your account over to a collection agency and we reserve the right to pursue civil and criminal legal actions to the fullest extent allowed under the law. If your account is past due, you also must pay any and all collection costs (including collection agency fees, court costs and legal fees) we might incur in connection with your past due account.
6. OUR RIGHTS AND OBLIGATIONS
   1. Services. GunCycle shall use commercially reasonable efforts to ensure that the Services and Premium Services are available for use by our users, but we shall not be liable for any breach of this provision which is caused by circumstances beyond our control. We may modify, replace, refuse access to, suspend or discontinue the Services or the Premium Services, partially or entirely, or change and modify prices for all or part of the Services or Premium Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. GunCycle further reserves the right to withhold, remove and or discard any content available as part of Your Account, with or without notice, if deemed by GunCycle to be contrary to this Agreement. GunCycle has no obligation to store, maintain or provide you a copy of any of Your Content or the content of others. GunCycle reserves the right, to restrict, suspend, or close Your Account if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement or to preserve the integrity or security of the Services.
   2. Third Party Sites and Developers. GunCycle may include links to third party web sites and may enable third party developers to create applications of offer services alongside the Services or Premium Services. You are responsible for evaluating whether you want to access or use any such site or service and you should review any applicable terms and/or privacy policy of such sites and services prior to your use of the same. GunCycle is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from any such third party. If you decide to access any such sites or services, you do so at your own risk.
   3. Disclosure of User Information. You acknowledge, consent and agree that we may access, preserve, and disclose Your Content and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; enforce this Agreement; respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; respond to customer service inquiries; or protect the rights, property, or personal safety of GunCycle, our users or the public. Please read our Privacy Policy, which is incorporated herein, and which also governs your privacy rights.
7. COPYRIGHT AND INTELLECTUAL PROPERTY
   1. Copyright. All of our content in the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GunCycle or its content suppliers and protected by United States and international copyright laws. The compilation of all content on through the Services is the exclusive property of GunCycle and protected by U.S. and international copyright laws. All software used through the Services is the property of GunCycle or its software suppliers and protected by United States and international copyright laws.
   2. DMCA. GunCycle respects the intellectual property of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Copyright Policy.
   3. Trademarks. The name GunCycle, along with our logo(s) and all related names and logos, slogans, and the like, are trademarks of GunCycle or its affiliates or licensors. In addition, the Service’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of GunCycle in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us that appear through the Services may be the property of others, who may or may not be affiliated with, connected to, or sponsored by us.
   4. Patents. One or more patents owned by GunCycle may apply to the Services and to the features and services accessible via the site. Portions of the Services may operate under license of one or more patents.
8. DISCLAIMER
DO NOT RELY ON THE WEBSITE, ANY INFORMATION THEREIN, THE SERVICES, OR THE CONTINUATION OF ANY OF THE SAME. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GUNCYCLE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMINATION PROVISIONS OF THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. IF YOU HAVE ANY ADDITIONAL AGREEMENTS WITH US WHICH CONTEMPLATE LIMITED TERMINATION RIGHTS, THEN SUCH ADDITIONAL TERMINATION RIGHTS SHALL CONTROL YOUR TERMINATION RIGHTS. GUNCYCLE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR OTHER CONTENT SENT THROUGH THE SERVICES TO ANYONE. WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED THROUGH THE SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. GUNCYCLE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, GUNCYCLE DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
9. LIMITATION OF LIABILITY
   1. Neither GunCycle nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded through the Services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose. This limitation of liability shall not apply to any damage that GunCycle may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement. This limitation of liability shall not apply if you have entered into a separate agreement to purchase Premium Services with a separate limitation of liability provision that supersedes this section in relation to those Premium Services.
10. TERMINATION
    1. By You. You may terminate this Agreement, for any or no reason, at any time, with notice to GunCycle, and by terminating Your Account and discontinuing your use of the Services, however, you will remain liable for any damages you caused or may later cause, to GunCycle or the Services.
    2. By GunCycle. In addition to any other rights of termination we have in this Agreement, we may terminate this Agreement and Your Account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of Your Account includes disabling your access to the Services and may also bar you from any future use of our services. Further, GunCycle may restrict, suspend or terminate the account of any user who abuses or misuses the Services. GunCycle has adopted a policy of terminating accounts of users who, in GunCycle’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
    3. Effect of Termination. Upon the termination of your GunCycle account, you lose access to the Services. The terms of this Agreement shall survive any termination, except those dealing with Your Rights and those dealing with Our Obligations.
11. APPLICABLE LAW AND DISPUTE RESOLUTION
    1. Applicable Law. This agreement and any claims arising out of this agreement (or any other claims arising out of the relationship between the parties) will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to the principles of conflict of laws of such state; the Federal Arbitration Act; and other applicable federal law.
    2. Dispute Resolution. Any dispute or claim relating in any way to your visit to the Website or your use of the Services shall be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent in the State of Missouri. The arbitration will be conducted in accordance with the American Arbitration Association rules and all payments of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
    3. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
12. MISCELLANEOUS
    1. How to Contact Us. Unless otherwise provided in this Agreement, any notice, demand or other communication required or permitted to be given or made to us shall be in writing and all expenses, if any, related to its delivery prepaid and mailed to: GunCycle, 2802 John Brown Rd, Princeton, KS 66078. Informal communication may be emailed to us at contact@GunCycle.com.
    2. Assignment. We may assign this Agreement to any third party and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. You may not assign your rights or obligations under this Agreement without the prior and express written consent of us.
    3. Waiver. The failure or delay by us to exercise any right or remedy set forth herein will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.
    4. Waiver of Jury Trial. The parties each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected or related to this Agreement.
    5. Severability. Each provision and the subparts of each provision of this Agreement shall be treated as separate and independent clauses, and the unenforceability of any one clause will in no way impair the enforceability of any of the other clauses of the agreement, and the remaining provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. If any provisions relating to time periods are declared by a court of competent jurisdiction to exceed the maximum time period such court deems reasonable and enforceable, said time period of restriction shall be deemed to become and thereafter be the maximum time period which such court deems reasonable and enforceable.
    6. Entire Agreement. This Agreement and those referenced herein sets forth the complete and entire agreement between the parties relating to the subject matter hereof and supersedes any and all other agreements, negotiations, discussions, proposals, or understandings, whether oral or written, previously entered into, discussed, or considered by the parties relating to the subject matter hereof. Notwithstanding the foregoing, this Agreement, the Copyright Policy, and the Privacy Policy may only be superseded by a written document which expressly states such purpose.