Terms of Service

Last Updated: 09/19/2024. 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING  OUR WEBSITES (THE “SITES”), MOBILE APPLICATION, OR OUR SERVICES, YOU HEREBY AGREE TO BE  BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.  IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE  TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS ANY OF OUR PLATFORMS. IF YOU DO  NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR  USE OUR SITES, MOBILE APPLICATION, OR OUR SERVICES. 

The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between you and  Take Aim Technologies LP (hereinafter “Take Aim“), a company duly organized and validly existing,  located in the State of Texas. This Agreement annuls and voids all previous agreements. 

OVERVIEW 

The Sites (www.TakeAimTech.com and ClayTrackerCloud.com) and Mobile Application ClayTracker Pro are operated by Take Aim. Throughout the Sites and Mobile Application, the terms “we“, “us” and “our”  refer to Take Aim. Take Aim offers these Sites and the Mobile Application, including all information,  tools and services available from these platforms to you, the user, conditioned upon your acceptance of  all terms, conditions, policies and notices stated here. 

By visiting our Site, downloading and using our Mobile Application, and/or purchasing something from  us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of  Service”, “Terms”), including those additional terms and conditions and policies referenced herein  and/or available by hyperlink. These Terms apply to all users of the Sites and Mobile Application,  including without limitation users who are browsers, vendors, customers, merchants, and/or  contributors of content. In the event of an inconsistency between this Agreement and any additional  terms or policies referenced herein, the provisions of the additional terms or policies shall control. 

Please read these Terms carefully before accessing or using our Sites or Mobile Application. By accessing  or using any part of the Sites or Mobile Application, you agree to be bound by these Terms. If you do not  agree to all the Terms of this Agreement, then you may not access the Sites, Mobile Application, or use  any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. 

Any new features or tools which are added to the current store shall also be subject to the Terms. You  can review the most current version of the Terms at any time on this page. We reserve the right to  update, change or replace any part of these Terms by posting updates and/or changes to our Sites or  Mobile Application. It is your responsibility to check this page periodically for changes. Your continued  use of or access to the Sites, Mobile Application, or Service following the posting of any changes  constitutes acceptance of those changes. 

GENERAL TERMS 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or  province of residence, or that you are the age of majority in your state or province of residence and you 

have given us your consent to allow any of your minor dependents to use these Sites or Mobile  Application. 

You may not use our products, Sites, or Mobile Application for any illegal or unauthorized purpose nor  may you, in the use of our products, Sites, or Mobile Application, violate any laws in your jurisdiction  (including but not limited to motor vehicle laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your account and  right to use our Service. 

We have the right, but not the obligation, to take any of the following actions in our sole discretion at  any time and for any reason without giving you any prior notice: 

1. Restrict, suspend or terminate your access to all or any part of our Sites or Mobile Application; 2. Change, suspend or discontinue all or any part of our products or Sites or Mobile Application; 
2. Refuse, move, or remove any content that is available on all or any part of our Sites or Mobile Application; 
3. Deactivate or delete your accounts; 
4. Establish general practices and limits concerning use of our Sites or Mobile Application. You agree that we will not be liable to you or any third party for taking any of these actions. 

You understand and agree that our Sites or Mobile Application may include communications such as  service announcements and administrative or legal notices from us. Please note that you cannot opt out  of receiving these notices. 

You understand that your content (not including credit card information), may be transferred  unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt  to technical requirements of connecting networks or devices. Credit card information is always  encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites or Mobile  Application, use of the Sites or Mobile Application, or access to the Sites or Mobile Application or any  contact on the Sites or Mobile Application, without express written permission by us. 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites or  Mobile Application. Take Aim content is not for resale. Use of the Sites or Mobile Application does not  entitle users to make any unauthorized use of any protected content, and in particular you will not  delete or alter any proprietary rights or attribution notices in any content. You will use protected content  solely for your personal use, and will make no other use of the content without the express written  permission of Take Aim and the copyright owner. You agree that you do not acquire any ownership rights  in any protected content. We do not grant you any licenses, express or implied, to the intellectual  property of Take Aim or our licensors except as expressly authorized by these Terms.

MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)  without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or  discontinuance of the Service. 

PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online through the Sites or Mobile Application.  These products or services may have limited quantities and are subject to return or exchange only  according to our Return Policy. We have made every effort to display as accurately as possible the colors  and images of our products that appear at the store. We cannot guarantee that your computer monitor’s  display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our  products or Services to any person, geographic region or jurisdiction. We may exercise this right on a  case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at the  sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any  product or service made on these Sites or Mobile Application is void where prohibited. We do not  warrant that the quality of any products, services, information, or other material purchased or obtained  by you will meet your expectations, or that any errors in the Service will be corrected. 

CREATING AN ACCOUNT 

Once you create an account with us, you are registering on one or more of the Sites or Mobile  Application. The terms “member,” “membership,” and “account” all refer to this registration on any of  these platforms. If you are merely surfing or browsing through the Sites or Mobile Application and have  not yet created an account, your use is still subject to this Agreement; if you do not agree to this  Agreement, do not use the Sites or Mobile Application. 

When you create an account, you will provide a unique username and email. We will also ask you to  create a password. Because any activities that occur under your username or password are your  responsibility it is important for you to keep your username and/or password secure. You may not assign  or otherwise transfer your account to any other person or entity. You acknowledge that Take Aim is not  responsible for third party access to your account that results from theft or misappropriation of your  account. Notify us immediately if you believe that someone has used your username, email, or password  without your authorization. 

Furthermore, the registering party hereby acknowledges, understands and agrees to: 

1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and 
2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Take  Aim Technologies LP will have sufficient grounds and rights to suspend or terminate the member in  violation of this aspect of the Agreement, and as such refuse any and all current or future use of Take  Aim Technologies LP Services, or any portion thereof. 

CONDUCT 

As a user or member of the Sites or Mobile Application, you herein acknowledge, understand and agree  that all information, text, software, data, photographs, music, video, messages, tags or any other  content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility  of the individual from whom the content originated. In short, this means that you are solely responsible  for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of  the Take Aim Services, and as such, we do not guarantee the accuracy, integrity or quality of such  content. It is expressly understood that by use of our Services, you may be exposed to content including,  but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind  incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available  by Take Aim. 

Furthermore, you herein agree not to make use of Take Aim Technologies LP’s Services for the purpose  of: 

1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; 
2. causing harm to minors in any manner whatsoever; 
3. impersonating any individual or entity, including, but not limited to, any Take Aim officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; 
4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; 
5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; 
6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; 
7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose; 
8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to

interfere, destroy and/or limit the operation of any computer software, hardware, or  telecommunication equipment; 

9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions; 
10. interfering with or disrupting any Take Aim Technologies LP Services, servers and/or networks that may be connected or related to our Sites or Mobile Application, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; 
11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; 
12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act; 
13. “stalking” or with the intent to otherwise harass another individual; and/or 
14. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. 

Take Aim Technologies LP herein reserves the right to pre-screen, refuse and/or delete any content  currently available through our Services. In addition, we reserve the right to remove and/or delete any  such content that would violate the Terms or which would otherwise be considered offensive to other  visitors, users and/or members. 

Take Aim Technologies LP herein reserves the right to access, preserve and/or disclose member account  information and/or content if it is requested to do so by law or in good faith belief that any such action is  deemed reasonably necessary for: 

1. compliance with any legal process; 
2. enforcement of the Terms; 
3. responding to any claim that therein contained content is in violation of the rights of any third party; 
4. responding to requests for customer service; or 
5. protecting the rights, property or the personal safety of Take Aim Technologies LP, its visitors, users and members, including the general public. 

Take Aim Technologies LP herein reserves the right to include the use of security components that may  permit digital information or material to be protected, and that such use of information and/or material  is subject to usage guidelines and regulations established by Take Aim Technologies LP or any other  content providers supplying content services to Take Aim Technologies LP. You are hereby prohibited 

from making any attempt to override or circumvent any of the embedded usage rules in our Services.  Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or  materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. 

GLOBAL USE; EXPORT/IMPORT COMPLIANCE 

Due to the global nature of the internet, through the use of our network you hereby agree to comply  with all local rules relating to online conduct and that which is considered acceptable content.  Uploading, posting and/or transferring of software, technology and other technical data may be subject  to the export and import laws of the United States and possibly other countries. Through the use of our  network, you thus agree to comply with all applicable export and import laws, statutes and regulations,  including, but not limited to, the Export Administration Regulations  

(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the  United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).  Furthermore, you state and pledge that you: 

1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; 
2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; 
3. agree not to use our Sites or Mobile Application network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and 
4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws. 

SUBMITTED CONTENT 

Take Aim Technologies LP does not claim ownership of any content submitted by any visitor, member, or  user, nor of any data collected by users through their use of the Mobile Application or any of our Sites.  However, by submitting content or data through our platforms, you retain ownership of your intellectual  property but grant Take Aim Technologies LP the following worldwide, royalty-free, and non-exclusive  licenses, as applicable: 

1. Publicly Accessible Content: 

For content (including photos, videos, audio, graphics, text, or other media) submitted or made available for inclusion on publicly accessible areas of Take Aim Technologies LP’s Sites or Mobile Application, you grant a license to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display such content. This license remains in effect while you are a member of Take Aim Technologies LP’s Sites or Mobile Application and will terminate when you discontinue your membership or remove such content.

2. App Usage Data: 

By using the Mobile Application, you acknowledge and agree that data related to your activities, such as shooting performance metrics, videos, scores, preferences, and app usage logs (“App Usage Data”), may be automatically collected and uploaded to Take Aim’s servers. This data will be used to improve your experience, provide personalized services, and enhance the Mobile Application’s features and functionality. If you are part of a team or coaching roster, your App Usage Data may be viewed by your coach or authorized team members for training, performance analysis, and coaching purposes. Take Aim may also use, aggregate, and analyze this data for internal purposes, such as improving its services, and may share anonymized or aggregated data with third parties. Take Aim will not publicly display your App Usage Data without your prior consent. 

3. License for Non-Public Areas: 

For any content or data submitted to non-public areas of Take Aim Technologies LP’s Sites or Mobile Application (e.g., private messaging, secure areas of your account), you grant a license to use, distribute, reproduce, modify, adapt, and display such content or data for the purpose of providing the Services you are using. This license is strictly limited to the functionality of the Services and will terminate upon the deletion of the content or your account, subject to applicable laws regarding data retention. 

4. Sublicensing and Modifications: 

For any other content submitted or made available on Take Aim Technologies LP’s Sites or Mobile Application, you grant a continuous, sublicensable, and binding license to use, distribute, reproduce, modify, adapt, publish, translate, or publicly perform and display the content or data, in whole or in part, and incorporate it into other works in any format or medium currently known or later developed, as needed to provide and promote our Services. 

Public vs. Private Areas 

“Publicly accessible” areas refer to parts of the Sites or Mobile Application that are available to the  general public, such as public forums, message boards, or user groups. Areas that are not publicly  accessible, such as private messaging, account details, and other user-restricted sections, are considered  private and accessible only to you and authorized users. 

CONTRIBUTIONS TO COMPANY SITES OR MOBILE APPLICATION 

Take Aim Technologies LP may provide an area for our user and members to contribute feedback to our  Sites or Mobile Application. When you submit ideas, documents, suggestions and/or proposals  (“Contributions“) to our Sites or Mobile Application, you acknowledge and agree that: 

1. a) your contributions do not contain any type of confidential or proprietary information; b ) Take Aim shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; 
2. c) Take Aim shall be entitled to make use of and/or disclose any such Contributions in any such manner

as they may see fit; 

1. d) the contributor’s Contributions shall automatically become the sole property of Take Aim; and e) Take Aim is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. 

INDEMNITY 

All users and/or members agree to insure and hold Take Aim Technologies LP , our subsidiaries, affiliates,  agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,  which may include, but is not limited to, reasonable attorney fees made by any third party which may  arise from any content a member or user of our Sites or Mobile Application may submit, post, modify,  transmit or otherwise make available through our Services, the use of Take Aim Services or your  connection with these Services, your violations of the Terms of Service and/or your violation of any such  rights of another person. 

COMMERCIAL REUSE OF SERVICES 

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any  commercial reason any part, use of, or access to Take Aim’s Sites or Mobile Application. 

MODIFICATIONS 

Take Aim Technologies LP reserves the right at any time it may deem fit, to modify, alter and or  discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior  notice. In addition, we shall not be held liable to you or to any third party for any such alteration,  modification, suspension and/or discontinuance of our Services, or any part thereof. 

TERMINATION 

As a member of www.TakeAimTech.com, you may cancel or terminate your account, associated email  address and/or access to our Services by submitting a cancellation or termination request  to [email protected]. 

As a member, you agree that Take Aim Technologies LP may, without any prior written notice,  immediately suspend, terminate, discontinue and/or limit your account, any email associated with your  account, and access to any of our Services. The cause for such termination, discontinuance, suspension  and/or limitation of access shall include, but is not limited to: 

1. any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline; 
2. by way of requests from law enforcement or any other governmental agencies; 3. the discontinuance, alteration and/or material modification to our Services, or any part thereof; 4. unexpected technical or security issues and/or problems; 
3. any extended periods of inactivity; 
4. any engagement by you in any fraudulent or illegal activities; and/or
5. the nonpayment of any associated fees that may be owed by you in connection with your www.TakeAimTech.com account Services. 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or  limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you  or any other third party with regards to the termination of your account, associated email address  and/or access to any of our Services. 

The termination of your account with the Sites or Mobile Application shall include any and/or all of the  following: 

1. the removal of any access to all or part of the Services offered within the Sites or Mobile Application; 
2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and 
3. the barring of any further use of all or part of our Services. 

LINKS 

Either Take Aim Technologies LP or any third parties may provide links to other websites and/or  resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such  external sites or resources, and as such, we do not endorse nor are we responsible or liable for any  content, products, advertising or any other materials, on or available from such third-party sites or  resources. Furthermore, you acknowledge and agree that Take Aim Technologies LP shall not be  responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused  or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods  or Services made available on or through any such site or resource. 

PROPRIETARY RIGHTS 

You do hereby acknowledge and agree that Take Aim Technologies LP’s Services and any essential  software that may be used in connection with our Services (“Software”) shall contain proprietary and  confidential material that is protected by applicable intellectual property rights and other laws.  Furthermore, you herein acknowledge and agree that any Content which may be contained in any  advertisements or information presented by and through our Services or by advertisers is protected by  copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is  expressly permitted by applicable law or as authorized by Take Aim Technologies LP or such applicable  licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly  perform and/or created any plagiaristic works which are based on Take Aim Technologies LP Services  (e.g. Content or Software), in whole or part. 

Take Aim Technologies LP hereby grants you a personal, non-transferable and non-exclusive right and/or  license to make use of the object code or our Software on a single computer, as long as you do not, and  shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse  engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell,  assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.  Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, 

and as such, not to use any modified versions of the Software, including and without limitation, for the  purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt  to access our Services through any means other than through the interface which is provided by Take  Aim Technologies LP for use in accessing our Services. 

WARRANTY DISCLAIMERS 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: 

1. a) THE USE OF TAKE AIM TECHNOLOGIES LP SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. TAKE 

AIM TECHNOLOGIES LP AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, A GENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER 

EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b ) TAKE AIM TECHNOLOGIES LP AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) TAKE AIM TECHNOLOGIES LP SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TAKE AIM TECHNOLOGIES LP SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TAKE AIM TECHNOLOGIES LP SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. 

2. ANY INFORMATION OR MATERIAL 

DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF TAKE AIM TECHNOLOGIES LP SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL 

CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER A ND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. 

3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TAKE AIM TECHNOLOGIES LP OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 
4. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINE D ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE 

AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR

MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,  OR CONVULSIONS. 

LIMITATION OF LIABILITY 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TAKE  

AIM TECHNOLOGIES LP AND OUR  

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE  

LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPL ARY  

DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY  HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: 

1. THE USE OR INABILITY TO USE OUR SERVICE; 
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; 
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; 4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; 
4. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. 

RELEASE 

In the event you have a dispute, you agree to release Take Aim Technologies LP (and its officers,  directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third  parties) from claims, demands and damages (actual and consequential) of every kind and nature, known  and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way  connected to such dispute. 

NOTICE 

Take Aim Technologies LP may furnish you with notices, including those with regards to any changes to  the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our  website Services, or other reasonable means currently known or any which may be herein after  developed. Any such notices may not be received if you violate any aspects of the Terms by accessing  our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement  that you are deemed to have received any and all notices that would have been delivered had you  accessed our Services in an authorized manner. 

INTELLECTUAL PROPERTY RIGHTS 

You herein acknowledge, understand and agree that all of the Take Aim Technologies LP trademarks,  copyright, trade name, service marks, and other Take Aim Technologies LP logos and any brand features,  and/or product and service names are trademarks and as such, are and shall remain the property of Take  Aim Technologies LP. You herein agree not to display and/or use in any manner the Take Aim  Technologies LP logo or marks without obtaining Take Aim Technologies LP’s prior written consent.

Take Aim Technologies LP will always respect the intellectual property of others, and we ask that all of  our users do the same. With regards to appropriate circumstances and at its sole discretion, Take Aim  Technologies LP may disable and/or terminate the accounts of any user who violates our Terms and/or  

infringes the rights of others. If you feel that your work has been duplicated in such a way that would  constitute copyright infringement, or if you believe your intellectual property rights have been otherwise  violated, you should provide to us the following information: 

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; 
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon; 
3. A description of the location of the site which you allege has been infringing upon your work; 4. Your physical address, telephone number, and email address; 
4. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; 
5. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf. 

The Take Aim agent for notice of claims of copyright or other intellectual property infringement can be  contacted as follows: 

Mailing Address: 

Take Aim Technologies 

Attn: Copyright Agent 

P.O. Box 489 

Allen, TX 75013-8043 

Email: [email protected] 

ENTIRE AGREEMENT 

This Agreement constitutes the entire agreement between you and Take Aim Technologies LP and shall  govern the use of our Services, superseding any prior version of this Agreement between you and us  with respect to Take Aim Technologies LP Services. You may also be subject to additional terms and  conditions that may apply when you use or purchase certain other Take Aim Technologies LP Services,  affiliate Services, third-party content or third-party software. 

CHOICE OF LAW AND FORUM 

It is at the mutual agreement of both you and Take Aim Technologies LP with regard to the Agreement  that the relationship between the parties shall be governed by the laws of the state of Texas without  regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes,  arising out of or relating to the Agreement, or the relationship between you and Take Aim Technologies 

LP, shall be filed within the courts having jurisdiction within the County of Collin, Texas or the U.S. District  Court located in said state. You and Take Aim Technologies LP agree to submit to the jurisdiction of the  courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction  over the parties by such courts and to venue in such courts. 

WAIVER AND SEVERABILITY OF TERMS 

At any time, should Take Aim Technologies LP fail to exercise or enforce any right or provision of the  Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this  Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree  that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and  the other provisions of the Agreement remain in full force and effect. 

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY 

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID  and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death  certificate, your account may be terminated and all contents therein permanently deleted. 

STATUTE OF LIMITATIONS 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim  or action arising out of or related to the use of our Services or the Agreement must be filed within 1  year(s) after said claim or cause of action arose or shall be forever barred. 

CONTACT 

To contact Take Aim or to report any violations of this Agreement mail us at the address below. Mailing Address: 

Take Aim Technologies 

P.O. Box 489 

Allen, TX 75013-8043 

Email: [email protected] 

FOREIGN ACCESS OF SITES AND MOBILE APPLICATION 

The Sites and Mobile Application are controlled, operated and administered by Take Aim from our offices  within the USA. If you access the Sites or Mobile Application from a location outside the USA, you are  responsible for compliance with all local laws. You agree that you will not use Take Aim’s content  accessed through the Sites or Mobile Application in any country or in any manner prohibited by any  applicable laws, restrictions or regulations. 

ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our Sites or Mobile Application that contains typographical  errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,  product shipping charges, transit times and availability. We reserve the right to correct any errors,  inaccuracies or omissions, and to change or update information or cancel orders if any information on 

the Sites or Mobile Application or on any related Site is inaccurate at any time without prior notice  (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information on the Sites or Mobile Application  or on any related Site, including without limitation, pricing information, except as required by law. No  specified update or refresh date applied on the Sites or Mobile Application or on any related Site, should  be taken to indicate that all information on the Sites or Mobile Application or on any related Site has  been modified or updated. 

PRIVACY POLICY 

Every member’s registration data and various other personal information are strictly protected by the  Take Aim Technologies LP Online Privacy Policy (see the full Privacy Policy  

at www.takeaimtech.com/privacy-policy.) As a member, you herein consent to the collection and use of  the information provided, including the transfer of information within the United States and/or other  countries for storage, processing or use by Take Aim Technologies LP and/or our subsidiaries and  affiliates.