Terms of Use

Terms of Use

TOGETHER THESE TERMS AND CONDITIONS AND PRIVACY POLICY CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH CCC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEBSITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE.

Monthly Fees

In consideration of your use of the Website, you agree to pay to CCC a monthly subscription fee during the Term (as defined below) in the amount specified on the Website for your use thereof (the “Monthly Fee”), which Monthly Fee will be due and payable to CCC in advance on or before the first day of each calendar month. Prior to commencement of your use of the Website, you shall pay a prorated portion of the Monthly Fee for the first partial month of the Term (if your use of the Website commences on a date that is not on the first day of such month) plus the Monthly Fee for the first full month of the Term. Any portion of the Monthly Fee that is not paid when due shall accrue interest at the rate of 18% per annum until paid. Moreover, if you fail to pay the Monthly Fee when due, CCC shall have the right to immediately suspend your use of the Website until all Monthly Fees have been paid in full. 

Term

The initial term of your use of the Website is one (1) year; thereafter, the term of your use of the Website will automatically renew for successive one (1) year terms (the “Term”) unless you provide notice of non-renewal is to CCC at least thirty (30) days prior to the end of the initial Term or any extension thereof. CCC may terminate your use of the Website immediately if you breach your obligations hereunder.  Upon any termination, you shall promptly pay to CCC any accrued but unpaid sums due to CCC. 

Independent Transactions

You acknowledge that CCC is not and shall not be a party to any transaction between you and any owner of a gun store (an “Owner”) and that all such transactions are separate business transactions solely between Owner and you. In furtherance thereof, you agree to not involve CCC in any litigation or dispute between Owner and you and agree to remove CCC from any claims between such parties if CCC is named in any lawsuit or other claim related to such independent transaction. 

Account Registration and Security

You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to immediately notify CCC of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

Access to and use of certain areas of the Website may require you to register for an account. You agree to provide accurate, current, true, correct, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date.  

License

Subject to these Terms of Use, CCC hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Website and the Content (as defined below) for your own personal, non-commercial purposes. You must not:

• Access or use the Website or the Content in violation of the laws of the state where you live, any other state within the United States, the federal laws of the United States, or any foreign political entity of competent jurisdiction, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country, or otherwise beyond the scope of the rights granted herein;

• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Website;

• Infringe on anyoneʼs intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party;

• “Flood” the Website with requests or otherwise overburden, disrupt, or harm the Website or our systems.

• Obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you;

• Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Website or in the Content;

• Restrict or inhibit other users from accessing or using the Website; or

• Do anything else which could bring CCC into disrepute or which violates or could violate the rights of any person.

Privacy Policy

By using the Website, you consent to all actions we take with respect to your information in compliance with our Privacy Policy. You acknowledge and agree that all information collected by CCC via the Website is subject to our Privacy Policy.  

Intellectual Property Ownership

All documents, content, and text on the Website, any service marks, copyrights, logos, names, trademarks, characters, graphics, brand identities, trade names, designs, trade dress, or other intellectual property appearing on the Website, and the look and feel, compilation, organization, illustrations, software, videos, artwork, music, and other works on the Website (collectively, the “Content”) are owned by CCC and its licensors and are protected under trademark, copyright, and other intellectual property and proprietary rights laws. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the Content on the Website without receiving our prior written permission. All right, title, and interest in and to the Content will at all times remain with CCC and its licensors.  

Trademarks

 “Concealed Carry Concierge” and all related names, logos, product and service names, slogans, and designs are trademarks of CCC or its licensors. You agree not to use such marks anywhere without our prior written consent.

Copyright Infringement

CCC takes claims of copyright infringement seriously. It is CCC’s policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Website infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:

• Your physical or electronic signature;

• Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;

• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;

• A statement that the information in your written notice is accurate; and

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA notices is:

Brian McCoy

3254 Cameron Park Court

South Jordan, Utah 84095

info@concealedcarryconcierge.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

User Content

The Website may enable users to upload, share, post, submit, or display (hereinafter, “post”) ideas, information, materials, and other user-generated content (“User Content”). You may not post any User Content on the Website that:

• Encourages criminal conduct;

• Is vulgar, libelous, harassing, defamatory, malicious, unlawful, abusive, tortious, obscene, invasive of another's privacy right or right of publicity, or otherwise objectionable;

• Gives the impression that it emanates from or is endorsed by CCC or any other person or entity, if this is not the case;

• Contains any spyware, malware, virus, or other harmful content or code;

• Promotes sexually explicit or pornographic material, violence, or discrimination based on disability, religion, sex, race, nationality, sexual orientation, or age;

• Infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;

• Contains any material that could give rise to any civil or criminal liability under applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use; and/or

• Contains false, misleading, fraudulent, or deceptive claims or content.

You agree that you are solely responsible for your User Content, and you represent and warrant to us that you have the right to post your User Content on the Website and to grant us the rights and licenses set forth herein. You hereby grant CCC a non-exclusive, universal, perpetual, irrevocable, transferable, sub-licensable, royalty-free right and license to use, reproduce, distribute, sell, publish, display, perform, and prepare derivative works of any User Content that you post on the Website for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in your User Content, even if your User Content is altered or changed in a manner not agreeable to you.

You acknowledge and agree that CCC is not responsible for, and does not endorse, any User Content posted on the Website. CCC does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, CCC retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Website. You acknowledge and agree that we are not obligated to post, keep, or use your User Content. While we appreciate your interest in our business and the Website, CCC does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary.

Suspension/Termination of Access

We have the right to deny access to, and to suspend or terminate your access to and use of, the Website or any features or portions thereof at any time for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Website, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination. You understand that any termination of your use of the Website may involve deletion of any User Content you may have posted. CCC will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your use of the Website or deletion of your User Content.

Third Party Websites

The Website may contain links to, or advertisements for, third party Websites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of CCC and CCC is not responsible for any Third Party Sites. CCC provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

Disclaimer of Representations and Warranties; Limitation of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND CCC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER CCC NOR ANY PERSON ASSOCIATED WITH CCC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER CCC NOR ANYONE ASSOCIATED WITH CCC REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CCC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, OR ANY TRANACTION BETWEEN YOU AND ANY OWNER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK.

IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR THESE TERMS OF USE OR OUR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CCC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY CONTENT.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section may not apply to you.

Indemnity

You agree to indemnify and hold CCC, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, (ii) your User Content, (iii) any transaction between you and any Owner, (iv) any matter at all concerning your use of any firearm rented from any Owner through the services provided in the Website, or (v) your violation of this Agreement. CCC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CCC. CCC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Severability

In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of these Terms of Use, or otherwise unenforceable, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

Geographic Restrictions

CCC is based in the State of Utah in the United States of America. CCC makes no claims that the Website or the Content are accessible or appropriate outside of the United States of America. Access to and use of the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Choice of Law

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by the laws in force in the State of Utah, without giving effect to any choice or conflict of law provision or rule.

Jurisdiction and Venue

Any legal suit, action, or proceeding arising from or relating to this these Terms or Use, or the subject matter, breach or validity thereof shall be instituted exclusively in the federal or state courts located in Salt Lake City, Utah. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE (INCLUDING ANY CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver of Jury Trial

YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE (INCLUDING ANY CONTENT).

Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CCC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Changes to the Terms of Use

We may amend these Terms of Use from time to time. If we make a material change to these Terms of Use, we will indicate (on the Website or otherwise) that our Terms of Use have changed and will provide a link to the new Terms of Use. In the event we make a material change to these Terms of Use, we will provide you with an opportunity to opt-out of such revised Terms of Use. The date these Terms of Use were last revised is at the top of this page. You are responsible for periodically reviewing these Terms of Use to check for any updates or changes.

Contact Information

Questions regarding these Terms of Use should be directed to CCC at info@concealedcarryconcierge.com.