End-User License Agreement ("Agreement")

End-User License Agreement (“Agreement”)

Last updated: September 8, 2025

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using Interactive Gun Range.

THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. BY ACCEPTING THESE TERMS, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BY USING THE APPLICATION, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE APPLICATION UNDER APPLICABLE LAW.

THE APPLICATION IS NOT DIRECTED TO CHILDREN UNDER 13 AND YOU MAY NOT USE THE APPLICATION IF YOU ARE UNDER 13 YEARS OLD. BY ACCESSING AND/OR USING THE APPLICATION YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OR OTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY ONLY USE THE APPLICATION WITH PERMISSION FROM AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named Interactive Gun Range, inclusive of all underlying images, characters, literary works, source code, object code, musical compositions, sound recordings, audiovisual works, and any other materials and intellectual property rights therein.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store), Valve Corporation (Steam), or Epic Games, Inc. (Epic Games Store) by which the Application has been downloaded to your Device.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Poleaxe Games, LLC. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).

User-Generated Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

Dispute means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between You and Company, claims that arose before this Agreement, and claims that may arise after the termination of this Agreement; however, this does not include claims related to or arising from the enforcement or protection of intellectual property rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.

Notice means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be eﬀective upon receipt.

Protected Content means all content, included as part of the Application and any compilation thereof including, without limitation, the look and feel of the Application, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement. You are solely responsible for ensuring that any other individuals who access or use the Application on your Device, including but not limited to household members, family, or visitors, are aware of and comply with this Agreement. You agree that all activity occurring under your Device or account, whether by You or any other person, is your responsibility, and the Company shall not be liable for any unauthorized use or access.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

Children Under 18

By using the Application, You warrant and represent that You: (1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or (2) are a minor who has been authorized under the provisions below.

If You are the legal guardian of a minor, You can choose to allow use of the Application by that minor instead of yourself subject to the following provisions:

You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
You acknowledge, and further agree You are entirely responsible for all the provisions in this Agreement;
You acknowledge, and further agree, You are legally responsible for all actions of that minor, including but not limited to any payments, damages, and/or liabilities related to the actions of that minor;
In consideration of the Company allowing access to the Application by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless the Company with respect thereto.

License

Scope of License

The Company grants You a personal, revocable, non-exclusive, non-transferable, limited license to download, install and use the Application for your non-commercial use, strictly in accordance with the terms of this Agreement. The Application is licensed to You for your personal use and entertainment only.

You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions. You are solely responsible for complying with the terms of use and end user license agreement of the Application Store’s terms (collectively, the “Store Terms”), and You acknowledge and agree that the Company has no control over the Store Terms. If the Company learns that You have violated the Store Terms, the Company may take action against your Application Store account, including by restricting access to the Application. You acknowledge and agree that the Company may have access to certain information, including friends lists and other personal information, that appears in your Application Store account. In order to delete such information, You must delete your Application Store account from the Application Store.

Company or its licensors own and reserve all other rights, including all right, title and interest in the Application and all materials or content therein, and all associated intellectual property rights.

License Restrictions

As a condition of your use of the Application, You represent and warrant to Company that You will not use the Application for any purpose that is unlawful or prohibited by this Agreement. You agree not to, and You will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party, including allowing unauthorized access by household members or others without ensuring their compliance with this Agreement.
Modify, adapt, translate, or create derivative works based upon the Application or any part thereof, except and only to the extent that such activity is expressly permitted by this agreement or by applicable law notwithstanding this limitation.
Copy, reproduce, distribute, display, publicly perform, publish, or use the Application or any portion or aspect thereof for any purpose other than as permitted under the above section ‘License,’ including for a promotional or commercial purpose.
Decompile, disassemble, decrypt, reverse compile, reverse engineer, or otherwise attempt to discover the source code of any part of the Application.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Application.
Access the Application by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to the Application.
Interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application.
Harvest or collect the email addresses or other contact information of other Application users.
Use the Application for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Use the Application in any manner which could damage, disable, overburden, or impair the Application or Application servers, or otherwise interfere with any other party’s use and enjoyment of the Application.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application.
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Application accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Application, or perform any other similar fraudulent activity.
Defame, harass, abuse, threaten or defraud users of the Application, or collect, or attempt to collect, personal information about users or third parties without their consent.
Attempt to indicate in any manner that You have a relationship with Company or that Company has endorsed You or any products or services for any purpose.
Use the Application for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

User-Generated Content

Content Restrictions

The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the User-Generated Content and for all activity that occurs under Your account, whether done so by You or any third person using your account, whether done so by You or any third person using your account, including household members.

You represent and warrant that (i) You own or otherwise have the necessary rights to use and to grant Us the right to use the User-Generated Content You provide to Us, and (ii) the User-Generated Content will not infringe or violate any third-party rights including, without limitation, any publicity, copyright, trademark, or intellectual property rights.

You may not transmit any User-Generated Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable User-Generated Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User-Generated Content is appropriate and complies with this Agreement, to refuse or remove any User-Generated Content. The Company further reserves the right to make formatting and edits and change the manner of any User-Generated Content. The Company can also limit or revoke the use of the Application if You post such objectionable User-Generated Content.

As the Company cannot control all content posted by users and/or third parties on the Application, You agree to use the Application at your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any User-Generated Content, including any errors or omissions in any User-Generated Content, or any loss or damage of any kind incurred as a result of your use of any User-Generated Content.

By creating any User-Generated Content, You hereby grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User-Generated Content, in whole or in part.

Intellectual Property

The Protected Content, including without limitation the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You acknowledge and agree that You do not acquire any ownership rights in any Protected Content. Except as expressly provided for herein, this Agreement does not grant any licenses, express or implied, to the Protected Content or any other intellectual property of the Company, our licensors, or any third party.

You acknowledge and agree that the Company does not represent or warrant that any AI-generated art or content in the Application is free from third-party claims, including but not limited to claims of copyright infringement, right of publicity, or likeness rights. The Company shall not be liable for any such claims arising from the use, creation, or display of AI-generated art or content within the Application.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

AI-Generated Content

The Application contains art, images, or other content generated by artificial intelligence (AI) tools, which may include representations resembling real people, places, or objects. You acknowledge and agree that such AI-generated content is provided for entertainment and educational purposes only and may not be original or free from third-party rights or claims. The Company does not guarantee that AI-generated content does not infringe upon any third-party rights, including but not limited to copyright, trademark, right of publicity, or other intellectual property or proprietary rights.

By using the Application, You assume all risks associated with the use of AI-generated content, including but not limited to exposure to claims from third parties asserting rights over such content or its likenesses. You agree to waive, release, and hold harmless the Company, its affiliates, officers, employees, agents, and licensors from any and all claims, damages, or liabilities arising out of or related to the use, display, or creation of AI-generated content in the Application, including but not limited to claims of copyright infringement, right of publicity, defamation, or other intellectual property violations.

You further agree that the Company is not responsible for verifying the originality, legality, or non-infringing nature of AI-generated content and that any reliance on such content is at Your own risk. The limitations and waivers set forth in this section are subject to the terms of the “Limitation of Liability” and “Indemnification” sections of this Agreement.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application will not be treated as confidential and shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You. You acknowledge and agree that:

The Company has the discretion to immediately terminate or restrict access to the Application or any portion thereof, at any time, for any reason, without Notice and without liability to You;
Access to the Application may be interrupted for reasons within or beyond the control of the Company and that the Company cannot and does not guarantee You will be able to use the Application whenever You wish to do so; and
The Application may not be offered in all countries or geographic locations.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the third-party websites are not under the control of the Company the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable third parties’ terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: https://interactivegunrange.com/privacy-policy

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

To the maximum extent permitted by applicable law, You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; (c) violation of any right of a third party, including without limitation any copyright, intellectual property, or privacy right; or (d) any claim that You caused damage to a third party.

No Warranties

THE COMPANY IS NOT A HEALTHCARE PROVIDER, BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF THE COMPANY. THE COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL OUR USERS.

THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

IN ADDITION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE APPLICATION FOR ANY PARTICULAR PURPOSE, INCLUDING FIREARMS TRAINING OR SAFETY EDUCATION. The Application is not designed or intended to prevent accidents, ensure compliance with laws, or replace professional judgment. Any content provided in the Application, including but not limited to instructional materials on when to shoot or not shoot, firearms safety rules, or situational awareness, is general in nature and may not account for all scenarios, jurisdictions, or individual circumstances. The Application is not intended to be a substitute for professional legal advice. It is always recommended that You consult with qualified legal professionals with respect to legal questions.

All information and content provided by the Company through the Application is for entertainment purposes only and the Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding use of the Application or the purchase of any other good or service, whether virtual or tangible, offered by the Company or any third party, You should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that You access content or information through the Application at your own risk and You are solely responsible for making the final determination as to the value and appropriateness of using the same.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven’t purchased anything through the Application.

YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS INVOLVED WITH AND INHERENT TO PLAYING ANY COMPUTER GAME OR APPLICATION INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, REPETITIVE STRESS INJURY, OR SIMILAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF LIFE, DISMEMBERMENT, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE APPLICATION, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY THE COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN THE COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

YOU EXPRESSLY WAIVE ANY RIGHT TO SEEK DAMAGES FOR ANY HARM RESULTING FROM RELIANCE ON OR MISUSE OF THE APPLICATION’S CONTENT, INCLUDING BUT NOT LIMITED TO ACCIDENTS INVOLVING FIREARMS, PROPERTY DAMAGE, PERSONAL INJURY, OR LEGAL VIOLATIONS.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

The Company’s failure to exercise a right or to require performance of an obligation under this Agreement shall not affect its ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

Firearms Safety and Usage Disclaimer

You acknowledge and agree that the Application involves the use of real firearms in conjunction with laser dry fire accessories, projectors, monitors, or other equipment, which inherently carries significant risks, including but not limited to accidental discharge of live ammunition, property damage, personal injury, death, or violation of applicable firearms laws. The Application is intended solely for informational, educational, and entertainment purposes and is not a substitute for professional firearms training, instruction, or certification from qualified instructors, law enforcement, or other experts.

You are solely responsible for ensuring the safe use of the Application, including but not limited to:

Verifying that any firearm used with the Application is completely unloaded and free of live ammunition before each use.
Properly installing and using only compatible laser dry fire accessories or cartridges.
Complying with all local, state, federal, and international laws, regulations, and safety guidelines related to firearms handling, storage, and use.
Maintaining situational awareness and never pointing a firearm at anything You do not intend to destroy, even when using dry fire mechanisms.
Ensuring that no other individuals (including family members, roommates, or visitors) have access to or tamper with the firearm or setup, which could result in accidental loading or misuse.

The Company does not guarantee that the Application’s content (including tutorials, scenarios, rules of firearms safety, situational awareness guidance, or any other information) is complete, accurate, current, or error-free. The Company expressly disclaims any liability for any omissions, inaccuracies, or incompleteness in the content, including any failure to include specific warnings, instructions, or topics related to firearms safety or usage. You agree that reliance on the Application’s content is at your own risk, and You must independently verify all information with reliable sources before applying it.

You further acknowledge that accidents may occur due to user negligence, equipment failure, software errors, or unforeseen circumstances, such as mistaking a loaded firearm for one equipped with a laser dry fire mechanism. The Company shall not be liable for any such incidents, even if arising from or related to the Application’s content or features.

Affiliate Products and Third-Party Accessories Disclaimer

The Application or the Company’s website may include links to or recommendations for third-party products, such as laser dry fire accessories or cartridges, sold through affiliate programs (e.g., Amazon affiliates). These links and recommendations are provided for your convenience only. The Company does not manufacture, endorse, warrant, or assume responsibility for the quality, safety, compatibility, or performance of any such products. Purchases are subject to the terms, warranties, and policies of the third-party sellers (e.g., Amazon) and manufacturers.

You are solely responsible for selecting, purchasing, installing, and using any accessories in a safe and appropriate manner. The Company disclaims all liability for any defects, malfunctions, injuries, damages, or legal issues arising from the use of third-party products, even if recommended or linked through the Application or website.

Waiver of Claims and Release

By using the Application, You voluntarily assume all risks associated with its use, including those related to firearms handling and the potential for accidents. You hereby release, waive, discharge, and covenant not to sue the Company, its affiliates, officers, employees, agents, or licensors for any and all claims, demands, actions, damages (whether direct, indirect, consequential, or otherwise), liabilities, costs, expenses, or causes of action arising out of or related to the Application’s content, whether due to inclusion of specific information, omission of information, or any other aspect of the content. This release includes, without limitation, any claims for negligence, strict liability, or breach of warranty. In furtherance of the foregoing, You hereby waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

User Acknowledgment of Risks

Prior to using the Application, You must affirmatively acknowledge and agree that You have read and understood all disclaimers and warnings in this Agreement, including those related to firearms safety. You represent that You are of legal age to possess and handle firearms in your jurisdiction and that You possess the necessary knowledge, skill, and judgment to use the Application safely. If You are unsure about any aspect of firearms safety or the Application’s use, You agree to cease use immediately and seek professional guidance.

Device and Internet Connection

Use of and access to the Application may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that You incur when accessing the Application.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

The Application is controlled, operated and administered by the Company from Our offices within the United States. If You access the Application from a location outside the United States, You are responsible for compliance with all local laws. You agree that You will not use the Application in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of the terms of this Agreement, including, without limitation, this section.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Electronic Communications

Each and every time You send an email or other electronic communication to the Company, such communication will constitute an electronic communication. By using the Application, You consent to receive electronic communications and You agree that all agreements, Notices, disclosures and other communications that the Company provides to You via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.

Governing Law

The laws of the state of Georgia, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND COMPANY, YOU AGREE THAT YOU WILL CONTACT US SO THAT WE MAY ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY AND YOU AGREE TO NEGOTIATE A RESOLUTION TO ANY DISPUTE FOR NO FEWER THAN SIXTY (60) DAYS PRIOR TO INITIATING ARBITRATION OR ANY OTHER MECHANISM FOR DISPUTE RESOLUTION HEREUNDER.

In the event the parties are not able to resolve any Dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any Dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow Georgia, US law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct, or vacate the award. Interpretations of this Agreement, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration, and shall rule on any defense raised by a party hereto that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules.

The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein.

The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any intellectual property rights, claims that can be tried in small claims court, any action in which the Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Gwinnett County, Georgia. For that limited purpose, You hereby consent to the jurisdiction of the State of Georgia and agree that its laws will be used to resolve any Disputes hereunder.

Class Action Waiver

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

General

The Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by the Company with respect to such use.

This Agreement, and any other document incorporated herein by reference constitute the entire agreement between You and the Company with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Application. A printed version of this Agreement and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

This Agreement is non-transferable, and You may not assign your rights and obligations under this Agreement without the express written consent of the Company.

Contact Us

If You have any questions about this Agreement, You can contact Us:

By email: contact@interactivegunrange.com