Gun.Rodeo's Terms of Service

LAST UPDATED: Dec 9th, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MOTOGO INC. dba GUN.RODEO. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “GUN.RODEO SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE GUN.RODEO SERVICE.

These Terms apply to your access to and use of the Gun.Rodeo Service provided by MotoGo, Inc. (“Gun.Rodeo,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services and third-party payment processors) may apply to particular functionalities and features related to the Gun.Rodeo Service.

1. Eligibility

ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE GUN.RODEO SERVICE. The Gun.Rodeo Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the Gun.Rodeo Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the Gun.Rodeo Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the Gun.Rodeo Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.

2. Account Registration and Security Responsibilities

3. Privacy

Please refer to our Privacy Policy for information about how we collect, use and share information about individual users of the Gun.Rodeo Service.

4. Electronic Communications

When you use the Gun.Rodeo Service, send e-mails to us, or communicate with us via the Gun.Rodeo app or web site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through the Gun.Rodeo Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Description of the Gun.Rodeo Service

C. StraightShooters™ Feature.

We may at times offer features enabling you to apply for or request certain badges (each, a “Badge”) to be associated with your Gun.Rodeo Service account, including through your account profile. We may make available the StraightShooters™ feature (“StraightShooters”), which is a voluntary feature through which we may associate a StraightShooters Badge with certain users that have provided personal identification documents (e.g., a driver’s license) to us. Where you see the StraightShooters™ Badge associated with a user’s account, that is a designation that that user has chosen to use the voluntary StraightShooters feature. THE STRAIGHTSHOOTERS BADGE DOES NOT DESIGNATE, AND WE DO NOT REPRESENT OR WARRANT THAT, (A) WE HAVE VERIFIED THAT A USER WITH A STRAIGHTSHOOTERS BADGE IS THE PERSON THAT THEY CLAIM TO BE, (B) THAT A USER IS IN FACT THE PERSON IDENTIFIED IN ANY PERSONAL IDENTIFICATION DOCUMENT THAT USER HAS PROVIDED TO US, OR (C) THAT WE HAVE TAKEN ANY STEPS TO RUN A CRIMINAL OR OTHER BACKGROUND CHECK OR OTHERWISE MAKE AN ASSESSMENT OF A USER’S INTEGRITY OR CHARACTER.

If you choose to use the StraightShooters™ feature, you represent and warrant to us that (a) any personal identification document that you provide to us is an unaltered and accurate image of your government-issued personal identification document that is without error, and (b) that you have all necessary permissions to provide such personal identification documents to us and your provision of such personal identification documents to us will not violate any law or regulation or cause us to be subject to any investigation, prosecution or legal action. DO NOT USE THIS FEATURE IF THE FOREGOING IS NOT TRUE. We may disclose your photo identification document or certain personal information you provide to our third-party service providers that may help us to detect inaccurate or fraudulent personal identification documents and related information. The StraightShooters™ feature and similar programs involving Badges may be discontinued at any time without notice, and we reserve the right to grant and revoke Badges for you or any other user at any time and without any liability to us.

6. Discontinuance of the Gun.Rodeo Service

Gun.Rodeo may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the Gun.Rodeo Service at any time, without prior notice. Upon any such action by Gun.Rodeo, you must immediately stop using the Gun.Rodeo Service. You may also cancel your Account at any time, as described in Section 15 below. In addition, the StraightShooters™ feature and similar programs involving Badges may be discontinued at any time without notice.

7. Acceptable Use

When accessing or using the Gun.Rodeo Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:

• Engage in any unauthorized use of the Gun.Rodeo Service (including, without limitation, political campaigning, advertising, or marketing);
• Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the Gun.Rodeo Service, (2) may expose Gun.Rodeo or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
• Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our Prohibited Items Guidelines.
• Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the Gun.Rodeo Service;
• Copy any portion of the Gun.Rodeo Service or any underlying content or source code;
• Reverse engineer, disassemble or decompile any portion of the Gun.Rodeo Service or otherwise attempt to discover or re-create the source code to any software;
• Distribute the software or source code behind the Gun.Rodeo Service to any third party;
• Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Gun.Rodeo Service;
• Remove, alter, or obscure any copyright or other proprietary notices of Gun.Rodeo or its affiliates or licensors in any portion of the Gun.Rodeo Service;
• Obscure or disable any advertisements that appear on or through the Gun.Rodeo Service;
• Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by Gun.Rodeo, to utilize the Gun.Rodeo Service or to collect or extract data;
• Access without authorization any networks, systems, or databases used in providing the Gun.Rodeo Service or any accounts associated with Gun.Rodeo Service, or to access or use any information therein for any purpose;
• Attempt to probe, test, hack, or otherwise circumvent any security measures;
• Violate any requirements, policies, procedures or regulations of any network connected to the Gun.Rodeo Service;
• Use the Gun.Rodeo Service in any manner that could damage, disable, overburden, or otherwise impair the Gun.Rodeo Service (or the networks connected to the Gun.Rodeo Service);
• Interfere with or disrupt the use and enjoyment by others of the Gun.Rodeo Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
• Falsely state, impersonate, or otherwise misrepresent your identity;
• Provide false information during Account creation or when using the StraightShooters™ Badge or the Gun.Rodeo Payment Solution, or otherwise provide false, inaccurate or misleading information;
• Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
• Use or attempt to use another user’s Account without authorization;
• Attempt to pay for an item using the Gun.Rodeo Payment Solution with an Electronic Payment Method that you either do not own or are not validly authorized to use;
• Use the Gun.Rodeo Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
• Use the Gun.Rodeo Service in any manner that exposes Gun.Rodeo to any harm or liability of any nature;
• Use the Gun.Rodeo Service to infringe or violate the intellectual property rights or any other rights of anyone else (including Gun.Rodeo);
• Develop any third-party applications that interact with the Gun.Rodeo Service without Gun.Rodeo’s prior written consent;
• Use the Gun.Rodeo Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities;
• Transfer any rights granted to you under these Terms; or
• Encourage or induce any third party to engage in any of the activities prohibited under this section.

If you violate any of the foregoing, your right to access and use the Gun.Rodeo Service will terminate immediately and automatically, and you will have infringed Gun.Rodeo’s intellectual property and other rights, which may subject you to prosecution and damages. Gun.Rodeo reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Gun.Rodeo Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Gun.Rodeo is not responsible or liable for the conduct of, or your interactions with, any users of the Gun.Rodeo Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Gun.Rodeo Service will not contain any content that is prohibited by these Terms.

8. User Content

In the course of using the Gun.Rodeo Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. Gun.Rodeo reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted or stored on the Gun.Rodeo Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the Gun.Rodeo Service any of the following:

• User Content that is, in Gun.Rodeo’s judgment, disrespectful or may expose Gun.Rodeo, Users or others to harm or liability;
• User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
• Private information of any third parties, including addresses, phone numbers and payment card information;
• Viruses, corrupted data or other harmful, disruptive, or destructive files; or
• User Content that inhibits any other person from using or enjoying the Gun.Rodeo Service.

You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Gun.Rodeo is not responsible for any errors or omissions that you make in connection with the Gun.Rodeo Service. By submitting or posting User Content, you hereby grant to Gun.Rodeo a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the Gun.Rodeo Service. The use of your or any other User’s name, likeness, or identity in connection with the Gun.Rodeo Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

9. Moderation

You agree that Gun.Rodeo may moderate access to and use of the Gun.Rodeo Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the Gun.Rodeo Service if, in our opinion, your post does not comply with the content standards set out in Sections 7 and 8 above, and any other Gun.Rodeo Service rules, including without limitation the Prohibited Items Guidelines. You agree not to bypass or attempt to bypass such moderation. You further agree that Gun.Rodeo is not liable for moderating, not moderating or making any representations regarding moderating.

10. Third Party Services and Content

In using the Gun.Rodeo Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, including, but not limited to, the Gun.Rodeo Payment Solution provided by a third-party payment processor, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). Gun.Rodeo does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that Gun.Rodeo will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. Gun.Rodeo is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.

11. Feedback

Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Gun.Rodeo Service or any other products or services of Gun.Rodeo (collectively, "Feedback"), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.

12. Copyright Policy