Terms of Use
- Welcome to magnumshootingcenter.com. The magnumshootingcenter.com website (the “Web site”) is comprised of various web pages owned and operated by Magnum Shooting Center of Colorado Springs LLC (“Magnum”). As is true for many other web sites, this Web site has rules that apply to your use of this site and to any services available through this site. Those rules, referred to as “Terms of Wse,” are set forth in this Terms of Use Agreement (“Agreement”). By visiting this Web site, you are accepting these Terms of Use. By accepting the Terms of Use, you are agreeing to comply with and be bound by the following terms of use. Please review them carefully.
- Recurring Billing, Fees and Payment Methods. If you select the recurring billing option, future monthly membership dues will be charged to your credit card/debit card account automatically as they become due every month. Such monthly payments will automatically renew until (1) you cancel your recurring billing payment authorization; or (2) you cancel your membership. Recurring billing must be completed in-house, at Magnum. Other terms and conditions are as follows:
- Payment Schedule and Duration. Monthly payments for membership dues will be charged to your credit card/debit card on the same day of every month, beginning on date you first purchase your membership and continuing until (1) you cancel your recurring billing payment authorization; or (2) you cancel your membership.
- Monthly Payment Amount. The amount that will be automatically charged every month is the amount set forth in your receipt.
- Description of Charges on Billing Statement. The recurring charges will be listed as “Magnum Shooting Center” on your billing statement.
- Changes in Monthly Membership Dues Amount. If the amount of your membership payment or payment schedule changes, Magnum Shooting Center will notify you at least 10 days before the next payment date.
- Cancellation of Recurring Billing. You have the right to cancel recurring billing at any time. If you desire to do so, you must send an email to: Melissa@magnumshootingcenter.com or mail notice of such cancellation to: Magnum Shooting Center, LLC, 13372 Meadowgrass Drive, Colorado Springs, CO 80921. Any such cancellation must be in writing, and must be received by Magnum Shooting Center at least 15 days before the next recurring charge date in order to cancel the next payment. Any request to cancel recurring billing will be treated as a request to cancel your membership. Recurring monthly billing is a requirement for all Magnum Shooting Center members.
- Questions and Assistance. If you have questions about your recurring billing agreement or otherwise need assistance, including assistance with canceling recurring billing, you can call Member Service at 1-719-487-3193. Please note that recurring billing is a requirement for all Magnum Shooting Center members.
- Hours of Operation. This site is normally available 24 hours a day, seven days a week. Due to system maintenance requirements, availability of the site may be impacted on Magnum’s periodic maintenance schedule. If the hours of availability change, Magnum will notify its members.
- Cookies. The Web site’s service application uses session and persistent cookies to authenticate and facilitate user logins. These cookies collect the user’s name, email, and phone number which allow access to our online databases without requiring the re-entry of any login data. Furthermore, these cookies have a lifespan of 30 days. If you do not wish for this file to be stored on your hard drive you may disable the use of cookies from your browser. This feature is usually found in the Security or Preference settings of your browser.
- Breach of Computer Security. This site has security measures in place to protect the loss, misuse, and alteration of the information/data under our control. Unauthorized use of this Web site or conduct amounting to a breach of computer security as provided by Colorado Revised Statues may result in civil or criminal proceedings. By accepting the terms of this agreement, the user agrees to indemnify Magnum for any loss caused by the conduct of the user that amounts to a breach of computer security.
- Right to Change the Site. Magnum may discontinue, edit, delete or change any aspect of the site, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user’s right to use the site, at Magnum’s sole discretion and without prior notice or liability.
- Entire Agreement. You agree that this Agreement constitutes the entire agreement between you and Magnum with respect to your use of the site, and supersedes all previous and contemporaneous agreements, representations, warranties, and understandings, written or oral, between Magnum and you with respect to the site.
- Trademarks. The name Magnum Shooting Center and the logo and other names for Magnum products and services are trademarks/service marks of Magnum. Other product and company names mentioned on the site may be trademarks/service marks of their respective owners.
- Copyrights and Public Information. The content organization, graphics, design, computer code, compilation, and other materials on or related to the site are protected under applicable copyright, trademark, and other proprietary and intellectual property rights of their respective owners. The data that is published on or collected via our Web site is public information. There is no restriction placed on the use of such data by Magnum, although certain information and names contained in the data may be owned by third parties and protected under applicable copyright, trademark, and other proprietary and intellectual property rights of those third parties. You do not acquire ownership rights to any content, document, or other materials viewed through the site or obtained from the site.
- Limited Right to Use. Except as may otherwise be allowed by law, the viewing, printing, or downloading of any content, graphic, form, or document from the site grants you only a limited, non-exclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative, works or other use. No part of any content, graphic, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. Magnum may revoke this license at any time.
- Prohibited Behavior. You are prohibited from using the site in any way to do any of the following: a) restrict or inhibit any other user from using and enjoying the site; b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; c) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, robots, worms or trojan horses; d) upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking; e) access another person’s or entity’s, account information, or briefcase files without the permission of that person or entity; f) post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right without first obtaining permission from the owner or right holder; g) upload, post, or otherwise transmit any information, software or other material that contains a virus, worm, time bomb, trap door, or any other harmful component that is designed to interrupt, destroy, impair, or limit the functionality, or interfere with the performance of the products and services of Magnum; h) post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking; i) post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes; j) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; k) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity including, but not limited to a Magnum officer or employee; l) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any proprietary software deployed in connection with Magnum products and services; m) use the site to collect personally identifying information about users of the site in violation of Magnum’s Privacy Policy; or n) perform any activities that Magnum determines (in its sole discretion) may be harmful to Magnum, the site, or other users of the site.
- No Unlawful Purposes. You agree that you will not use the site or any information or services related thereto for any unlawful purpose. Magnum, at its sole and absolute discretion, shall determine whether any use violates this provision.
- Monitoring. You understand that Magnum has no obligation to monitor the site. However, Magnum reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Magnum’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that Magnum reserves the right to, and may from time to time, monitor any and all information transmitted or received through the site, for operational and other purposes, subject to Magnum’s Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Magnum’s Privacy Policy. Use of the site constitutes consent to such monitoring.
- Submissions. Magnum is pleased to hear from users and welcomes your comments regarding Magnum’s programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to Magnum (“Submissions”), they shall be deemed, and shall remain, the property of Magnum, and shall otherwise be subject to the provisions of Sections 8 or 9 above. None of the Submissions shall be subject to any obligation of confidence on the part of Magnum, and Magnum shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Magnum shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
- Third Party Sites. Magnum has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party items or materials on this site. Any mention on this site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Magnum. Magnum assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through this site are solely between you and such third party, and are subject to any terms, conditions, warranties, or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY MAGNUM, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS MAGNUM LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.
- Indemnification. You agree to defend, indemnify and hold harmless Magnum, its affiliates and their respective, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the site; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the site, including information obtained through the site.
- Minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the site; and (c) the consequences of any use of the site by such Minor.
- Infringement Policy. Magnum respects the intellectual property of others, and asks you to do the same. Magnum reserves the right, but not the obligation, to terminate your use of the site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
- Miscellaneous. This Agreement shall be treated as though it were executed and performed in Colorado Springs, El Paso County, Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Colorado Springs, El Paso County, Colorado. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Magnum’s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
