If you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please visit www.aboutads.info/choices. There you may choose which third-party companies currently target ads to you based on your browsing activity and select which ones you no longer wish to receive your Personal Information.
With respect to communications from us, you may opt-out of our non-transactional e-mails via a link in the footer of all non-transactional e-mail messages. Alternatively, you may e-mail firstname.lastname@example.org at anytime and ask to be removed.
We may continue to send you certain transaction e-mail communications (e.g., e-mails regarding account notifications, purchases, billings, shipments, returns, customer support questions and similar information regarding your use of the Site and Services).
We collect information that personally identifies you, such as your name, address, zip code, credit card number, telephone number, e-mail address, and other personally identifiable information that you choose to provide us with or that you choose to include in your Top Gun Customz profile or account ("Personal Information"). You may be asked to provide us with Personal Information when you register with the Site, make a purchase or use any of our Services, and at other times. The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to make purchases or use some or all of the features of the Site or Services.
We automatically collect information in connection with the actions you take on the Site ("Usage Data"). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. This anonymous usage information may be associated with your username and profile, but we do not disclose the associated information to third parties.
From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who we believe have privacy practices that are consistent with ours ("Third-Party Providers"). For example, we may contract with Third-Party Providers to provide certain services, such as order fulfillment, shipping, hosting and maintenance, data storage and management, and marketing and promotions. We only provide our Third-Party Providers with the information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your Personal Information from unauthorized access, use or disclosure. Third-Party Providers are prohibited from using Personal Information other than as specified by Top Gun Customz.
Through the Site and the Services, you may have the ability to elect to access third-party services and applications, such as Facebook and other social networks. When you do so, you may be able to import information from those other services and applications and share content with those services. Some of those third-party services may also provide us with information from your accounts which may enable us to enhance and personalize your use of the Site and Services (e.g., so that you can follow your Facebook friends’ activity on the Site or Services). If you elect to use such third-party services or applications through the Services, the information you share with such third-party services and applications will be subject to their privacy policies and your privacy settings for such services. You also may be able to control or block such sharing by changing your privacy settings in such services or applications.
Top Gun Customz cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property or rights of Top Gun Customz or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Top Gun Customz recognizes the importance of safeguarding the confidentiality of your Personal Information. Accordingly, we employ reasonable measures designed to protect your information from unauthorized access, disclosure and use. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records. In addition, we recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Site or Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
You must be at least 18 years old to use the Site or the Services.
Your use of certain Services, including purchases you make on the Site, may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.
You may create your own account on the Site by completing the online registration process on the Site. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes.
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At Top Gun Customz, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Top Gun Customz. When you use the Site or Services, you may not:
Other than User Content, we own or license the content on the Site and Services, including software, text, visual and audio content ("Content"), Top Gun Customz trademarks, trade names, logos, and brand elements (“Top Gun Customz Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Site or through the Services ("Third-Party Marks"). The Content, Top Gun Customz Marks and Third-Party Marks are protected under U.S. and international laws.
We always welcome and appreciate your feedback and suggestions about Top Gun Customz. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.
Top Gun Customz enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. Top Gun Customz reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing or availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, at our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOP GUN CUSTOMZ AND ITS OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, TOP GUN CUSTOMZ AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY REVIEWS, RECOMMENDATIONS, COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE OR SERVICES. TOP GUN CUSTOMZ AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, TOP GUN CUSTOMZ AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE TOP GUN CUSTOMZ SITE OR SERVICES OR ANY LINKED WEB SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOP GUN CUSTOMZ NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Top Gun Customz may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Top Gun Customz’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless Top Gun Customz and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to:
Top Gun Customz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Top Gun Customz in such defense.
Under no circumstances will Top Gun Customz be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any conflict of laws rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Blount County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Top Gun Customz to enforce any right or provision of these Terms will not prevent Top Gun Customz from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
From time to time, we may change these Terms. If we change these Terms without notice, those changes will go into effect immediately and will be shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services.