1.1 This Agreement governs your (“Client”) use of the SureShot Platform (the “Application”) and its associated services (the “Web Service”), which are owned and operated by Sure Shot Labs, LLC and its subsidiaries, affiliates, divisions and related companies (“SureShot”).
1.2 SureShot reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by SureShot as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.
2. Use of Content.
2.1 SureShot Web Services may be used for any lawful purpose by the CLIENT. The CLIENT shall, at all times, use the Services in compliance with all applicable laws, rules, regulations, governmental orders and decisions. The CLIENT obtains no proprietary right or interest in, or any right to the use of, any specific type of facility, service, equipment, number, IP address, process or code associated with the Web Services. All right, title and interest to such items remain at all times solely with SureShot.
2.2 To the extent that SureShot provides its Web Services, SureShot grants to the CLIENT a temporary, non-exclusive and non-transferable license to such software for the sole purpose of enabling the CLIENT to use such Web Services.
2.3 SureShot’s Web Services are provided on the basis of, and are subject to, service, facility and equipment availability. SureShot shall not be required to provide service to any person or company who, in the opinion of SureShot, would compromise the technical, financial or operational integrity of SureShot its database or network. SureShot reserves the right not to provide Services where necessary facilities, equipment or services are not available for any reason whatsoever. Should SureShot chose not to provide Services pursuant to this provision, SureShot will refund to the CLIENT any advance fees and CLIENT will be released from further payment obligations.
3. Rules of Conduct.
CLIENT shall not post or transmit via any SureShot Web Service any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You shall not use the Web Service for any commercial purpose not expressly approved by SureShot, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.
4. No Endorsement.
The Application may contain links to sites on the Internet, which are owned and operated by third parties (the “External Sites”). You acknowledge that SureShot is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold SureShot and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “SureShot Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any SureShot Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. SureShot reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SureShot’s defense of such claim.
6. Termination of Service.
SureShot reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability pursuant to Section 2 above. SureShot may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
SureShot shall not disclose or use any Confidential Information of the Client for any purpose outside the scope of this Agreement, except with the Client’s prior written permission. SureShot agrees to keep confidential all Confidential Information disclosed to it by the Client, and to protect the confidentiality thereof in the same manner as it protects the confidentiality of its own (at all times exercising at least a reasonable degree of care in the protection of Confidential Information).
8. Client Data.
The Client retains all right, title and interest in and to all of its data. SureShot shall not access the Client’s data, except to respond to service or technical problems, or at Client’s request. No Client data will be stored by SureShot except as needed to perform various Web Services and to track usage of Web Services. Upon completion of such Web Services, Client data will be deleted. Client shall: (i) comply with all local, state, federal or foreign law, treaty, regulation or convention applicable to the Customer in connection with the use of the Web Services, including without restriction, the CAN-SPAM Act of 2003 (U.S.A.), the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada), the EU Data Protection Directive and other laws applicable to the Client related to privacy, publicity, data protection, electronic communications and anti-spamming laws. Client is responsible for the collection, legality protection and use of data that is provided to SureShot.
9. Financial/PCI Data.
The Client shall not under any circumstances store or retain any data that is legally considered Payment Card Industry (“PCI”) or financial data in the Application or any of its Web Services. PCI or financial data may be collected and transmitted in real-time via an encrypted secure-socket-layer connection (SSL) to a financial institution (Internet Gateway or other Financial Institution) via our payment-processing partner’s PCI compliant website code and will not be stored in any SureShot application database. For questions about PCI Compliance, please visit www.pcisecuritystandards.org.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
10.1 NEITHER SURESHOT NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SURESHOT, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER SURESHOT, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER SURESHOT NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
10.2. NEITHER SURESHOT NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SURESHOT, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement shall be construed in accordance with the laws of the State of Texas, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in the State of Texas. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.