Privacy Policy

Your privacy is very important to us. This Privacy Policy governs the use of your Personal Information (as defined below) by any web sites or mobile web sites owned or operated by Top Gun Customz, Inc., including the web site currently located at www.topguncustomz.com (the "Site"), any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Top Gun Customz, and any other applications, interactive features, widgets and resources offered by Top Gun Customz through traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “Top Gun Customz Service” or “Service”). This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information.

  1. Managing Your Information Preferences
  2. Information We Collect
  3. How We Use Information And When We May Share And Disclose Information
  4. Terms of Use

Q: Managing Your Information Preferences

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.

If you would like to ask questions or provide comments regarding this Privacy Policy you may do so by sending us an e-mail at sales@topguncustomz.com.

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 sales@topguncustomz.com 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).

Q: Information We Collect

PERSONAL INFORMATION

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.

USAGE DATA AND SITE ACTIVITY

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.

COOKIES AND WEB BEACONS

We may use cookies (a small text file placed on your computer to identify your computer and browser). We also may use Web beacons (an electronic file placed on a Web site that monitors usage). We use cookies and Web beacons to improve the experience of the Site and Services, such as pre-populating your username for easier login. We do not use cookies or Web beacons to collect Personal Information. Most Web browsers are initially set up to accept cookies. You can reset your Web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Site or Services may not work if you delete or disable cookies. Some of our Third-Party Providers and Advertisers (as such terms are defined below), may use their own cookies and Web beacons in connection with the services they perform on our behalf.

Q: How We Use Information And When We May Share And Disclose Information

GENERALLY

We use Personal Information for internal purposes, such as to provide you with the Site and Services, to improve the Site and Services, to notify you of new products or Services, and to otherwise communicate with you about Top Gun Customz and information relating to your transactions. We will not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Privacy Policy. We may disclose to third parties certain Usage Data regarding the Site and Services. However, in such cases, your Usage Data is aggregated with the Usage Data of others and does not identify you individually.

THIRD-PARTY PROVIDERS

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.

ADVERTISING

We may work with third-party advertisers, search providers and ad networks ("Advertisers"). We do not share Personal Information with Advertisers, although we may share your vehicle information (e.g., type and model of vehicle). We may share anonymous Usage Data and other non-Personal Information with Advertisers. Advertisers may collect and use information about your use of the Site or Services as well as other Web sites and services in order to provide advertisements about goods and services that may be of interest to you. These companies may place or recognize a unique cookie on your computer or use other technologies such as Web beacons in order to collect such information. Our Privacy Policy does not cover any use of information that an Ad Network may collect from you. Advertisements may be shown via the Site, the Services, or on third-party Web sites. You can visit the Network Advertising Initiative Web site, which offers information about Internet advertising companies and how to opt-out of their information collection.

THIRD-PARTY SERVICES AND APPLICATIONS

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.

OTHER TRANSFERS

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with Top Gun Customz. If Top Gun Customz is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our reasonable judgment, the new entity plans to handle your information in a way that differs materially from this Privacy Policy.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

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.

SECURITY

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.

CHILDREN'S PRIVACY

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.

PROCESSING IN THE UNITED STATES

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.

PRIVACY POLICY CHANGES

From time to time, we may change this Privacy Policy without notice. Those changes will go into effect immediately and will be shown in the revised Privacy Policy. Your continued use of our Site or Services constitutes your consent to the revised Privacy Policy.

Q: Terms of Use

These Terms of Use (the "Terms") govern your use of all web sites or mobile web sites owned or operated by Top Gun Customz, Inc., including the web site currently located at www.topguncustomz.com (the "Site"), any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Top Gun Customz, and any other applications, interactive features, widgets and resources offered by Top Gun Customz through traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “Services”). By using the Site or Services, you agree to these Terms.

1. ELIGIBILITY

You must be at least 18 years old to use the Site or the Services.

2. ADDITIONAL TERMS

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.

3. PASSWORD AND ACCOUNT SECURITY

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.

4. USE OF THE SITE AND SERVICES

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:

  • violate any law or regulation;
  • violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • transmit any malicious or unsolicited software;
  • stalk, harass, or harm another individual;
  • impersonate or misrepresent your affiliation with someone else;
  • use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site (although Top Gun Customz may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Top Gun Customz reserves the right to revoke these exceptions either generally or in specific cases);
  • use automated methods to use the Site or Services in a manner that sends more requests to the Top Gun Customz servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
  • interfere with or disrupt the Site or Services.

5. OWNERSHIP

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.

6. FEEDBACK

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.

7. PRIVACY

Top Gun Customz respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.

8. LINKS

Our Site and Services may contain links to other Web sites. A link to a third party's Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.

9. CHANGES AND CORRECTIONS TO THE SITE OR SERVICES

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.

10. TERMINATION

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.

11. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

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:

  • (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES;
  • (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION;
  • (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES;
  • (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR
  • (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

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.

12. INDEMNIFICATION

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:

  • (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services;
  • (b) the use of the Site or Services by you or anyone using your account;
  • (c) the violation of these Terms by you or anyone using your account; or
  • (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account.

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.

13. OTHER PROVISIONS

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.

14. CHANGES TO THESE TERMS

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.