These Terms constitute a binding agreement between You and Rough Gunner or the Rough Gunner company operating the Web site for the country in which You live or in which business is headquartered (“Rough Gunner”), and are deemed accepted by You each time that You use or access any Rough Gunner Site or Rough Gunner Services. If You do not accept the Terms stated here, do not use the Rough Gunner Sites and the Rough Gunner Services.
Rough Gunner may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Rough Gunner Sites suspended or terminated, at Rough Gunner’s discretion. You must be 13 years of age or older to visit or use any Rough Gunner Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Rough Gunner Site under the supervision of a parent, legal guardian, or other responsible adult.
1. Use of Rough Gunner Content
Rough Gunner authorizes You, subject to these Terms, to access and use the Rough Gunner Sites and the Rough Gunner Content (as defined below) and to download and print a single copy of the content available on or from the Rough Gunner Sites solely for Your personal, non-commercial use. The contents of the Rough Gunner Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Rough Gunner content (collectively, “Rough Gunner Content”), are protected under copyright, trademark and other laws. All Rough Gunner Content is the property of Rough Gunner or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Rough Gunner Sites is the exclusive property of Rough Gunner and is protected by copyright, trademark, and other laws. Unauthorized use of the Rough Gunner Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Rough Gunner Content on any authorized copy You make of the Rough Gunner Content.
Any code that Rough Gunner creates to generate or display any Rough Gunner Content or the pages making up any Rough Gunner Site is also protected by Rough Gunner’s copyright and You may not copy or adapt such code.
You agree not to sell or modify the Rough Gunner Content or reproduce, display, publicly perform, distribute, or otherwise use the Rough Gunner Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Rough Gunner Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Rough Gunner or its licensors, that dilutes the strength of Rough Gunner’s or its licensor’s property, or that otherwise infringes Rough Gunner’s or its licensor’s intellectual property rights. You further agree to in no other way misuse Rough Gunner Content. The use of the Rough Gunner Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that Rough Gunner creates to generate or display any Rough Gunner Content or the pages making up any Application or Service is also protected by Rough Gunner’s copyright and you may not copy or adapt such code.
2. Use of the Rough Gunner Services
The job posting, resume database (“Rough Gunner Resume Database”) and other features of the Rough Gunner Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, Rough Gunner Networking may be used by individuals for permitted professional and personal networking purposes. Your use of the Rough Gunner Services is also subject to any other contracts You may have with Rough Gunner. In the case of any conflict between these Terms and any contract you have with Rough Gunner, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a Rough Gunner Site.
All Rough Gunner Users agree to not:
- take any action that imposes an unreasonable or disproportionately large load on any Rough Gunner Site’s infrastructure;
- use any device to navigate or search any Rough Gunner Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Rough Gunner;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of any Rough Gunner Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- reverse engineer or decompile any parts of any Rough Gunner Site;
- aggregate, copy or duplicate in any manner any of the Rough Gunner Content or information available from any Rough Gunner Site, including expired job postings, other than as permitted by these Terms;
- frame or link to any Rough Gunner Content or information available from any Rough Gunner Site, unless permitted by these Terms;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- post any resume or apply for any job on behalf of another party;
- defer any contact from an employer to any agent, agency, or other third party;
- set more than one copy of the same resume to public at any one time;
- share with a third party any login credentials to any Rough Gunner Site;
- access data not intended for You or logging into a server or account which You are not authorized to access;
- post or submit to any Rough Gunner Site any incomplete, false or inaccurate biographical information or information which is not Your own;
- post content that contains restricted or password-only access pages, or hidden pages or images;
- solicit passwords or personally identifiable information from other Users;
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocate harassment of any group, company, or individual;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Rough Gunner Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
- use the Rough Gunner Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Rough Gunner’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Rough Gunner will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Rough Gunner Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Rough Gunner of any unauthorized use of Your account, Profile, or passwords.
3. Additional Terms Applicable to Employers
Employers are solely responsible for their postings on Rough Gunner Sites. Rough Gunner is not to be considered to be an employer with respect to Your use of any Rough Gunner Site and Rough Gunner shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Rough Gunner Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Rough Gunner, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Rough Gunner’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Rough Gunner’s web servers.
In order to protect our Rough Gunner Community Users from commercial advertising or solicitation, Rough Gunner reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Rough Gunner deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. Rough Gunner does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
4. Additional terms applicable to Job Seekers.
When You register with any Rough Gunner Site, You will be asked to create an account and provide Rough Gunner with certain information including, without limitation, a valid email address (Your “Information”).
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Rough Gunner Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Rough Gunner account or Your Rough Gunner account is terminated, all Your account information from Rough Gunner, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Rough Gunner’s databases and will be removed from any public area of the Rough Gunner Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Rough Gunner’s web servers. In addition, third parties may retain saved copies of Your Information.
Rough Gunner reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Rough Gunner Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Rough Gunner claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Rough Gunner and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Rough Gunner, you grant Rough Gunner a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Rough Gunner. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Rough Gunner a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Rough Gunner and its services. Rough Gunner will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Rough Gunner. Rough Gunner reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any Rough Gunner Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Rough Gunner Site retains any and all rights that may exist in such User Content. Rough Gunner may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Rough Gunner Site. Rough Gunner reserves the right to expel Users and prevent their further access to the Rough Gunner Sites and/or use of Rough Gunner Services for violating the Terms or applicable laws, rules or regulations. Rough Gunner may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Rough Gunner, damage Rough Gunner’s brand or public image, or cause Rough Gunner to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Rough Gunner does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Rough Gunner endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to Rough Gunner Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Rough Gunner Community Users from commercial advertising or solicitation, Rough Gunner reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Rough Gunner deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Rough Gunner Sites. Rough Gunner does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Rough Gunner Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of Rough Gunner. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Rough Gunner shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Rough Gunner Site and is accessible on such Rough Gunner Site in a way that constitutes copyright or trademark infringement, please contact Rough Gunner by email at DMCALegal@Rough Gunner.com or by regular mail at:
Rough Gunner, Inc.
Attn: Legal Department
16027 Ventura Blve. Suite 601
Encino, CA, 90046
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others
Rough Gunner respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Rough Gunner Sites, You agree not to use any Rough Gunner Site to infringe the intellectual property rights of others in any way. Rough Gunner reserves the right to terminate the accounts of any Users, and block access to the Rough Gunner Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Rough Gunner reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Director of Compliance and Fraud Prevention as set out above.
8. Rough Gunner’s Liability
The Rough Gunner Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Rough Gunner does not screen or censor the listings, including Profiles offered. Rough Gunner is not involved in the actual transaction between employers and candidates. As a result, Rough Gunner is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Rough Gunner makes no representations about any jobs, resumes or User Content on the Rough Gunner Sites. While Rough Gunner reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Rough Gunner Sites from time to time, Rough Gunner does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Rough Gunner Networking provides a venue for individuals to network for professional and personal purposes and Rough Gunner does not screen or censor the Profiles or User Content on the Rough Gunner Sites. Rough Gunner is not involved in the actual communications between Users. As a result, Rough Gunner has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Rough Gunner Sites and makes no representations about any Profile or User Content on the Rough Gunner Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Rough Gunner Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Rough Gunner Sites.
Because User authentication on the Internet is difficult, Rough Gunner cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Rough Gunner Site, in the event that You have a dispute with one or more Users, You release Rough Gunner (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The Rough Gunner Sites and the Rough Gunner Content may contain inaccuracies or typographical errors. Rough Gunner makes no representations about the accuracy, reliability, completeness, or timeliness of any Rough Gunner Site or the Rough Gunner Content. The use of all Rough Gunner Sites and the Rough Gunner Content is at Your own risk. Changes are periodically made to Rough Gunner Sites and may be made at any time. Rough Gunner cannot guarantee and does not promise any specific results from use of any Rough Gunner Site. No advice or information, whether oral or written, obtained by a User from Rough Gunner or through or from any Rough Gunner Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Rough Gunner encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Rough Gunner be liable for the deletion, loss, or unauthorized modification of any User Content.
Rough Gunner does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Rough Gunner Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 7 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Rough Gunner may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Rough Gunner has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty
TO THE FULLEST EXTENT POSSIBLE BY LAW, Rough Gunner DOES NOT WARRANT THAT ANY Rough Gunner SITE OR ANY Rough Gunner SERVICES WILL OPERATE ERROR-FREE OR THAT ANY Rough Gunner SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY Rough Gunner SITE OR THE Rough Gunner CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, Rough Gunner IS NOT RESPONSIBLE FOR THOSE COSTS. THE Rough Gunner SITES AND Rough Gunner CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Rough Gunner, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Rough Gunner MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE Rough Gunner CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL Rough Gunner, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY Rough Gunner SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY Rough Gunner SITE AND THE Rough Gunner CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Rough Gunner IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE BY LAW, Rough Gunner’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY Rough Gunner SITE OR YOUR USE OF THE Rough Gunner CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites
The Rough Gunner Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Rough Gunner of the contents on such third-party Web sites. Rough Gunner is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Rough Gunner Site.
You agree to defend, indemnify, and hold harmless Rough Gunner, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Rough Gunner Site, (ii) Your use of any Rough Gunner Content, or (iii) Your breach of these Terms. Rough Gunner shall provide notice to You promptly of any such claim, suit, or proceeding.
Rough Gunner makes no claims or representations that the Rough Gunner Content may be lawfully viewed or accessed outside of the United States. Access to the Rough Gunner Content may not be legal by certain persons or in certain countries. If You access any Rough Gunner Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Rough Gunner Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Rough Gunner’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Rough Gunner’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Rough Gunner Sites, a particular “Legal Notice,” or software license or material on particular pages on the Rough Gunner Sites, these Terms constitute the entire agreement between You and Rough Gunner with respect to the use of the Rough Gunner Sites. No changes to these Terms shall be made except by a revised posting on this page.
16. Additional Terms
17. Mobile Services.
If You use the Rough Gunner Sites through a mobile device, You agree that information about Your use of the Rough Gunner Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Rough Gunner Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Rough Gunner Sites using a mobile device, You represent that to the extent You import any of Your Rough Gunner data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Rough Gunner account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Rough Gunner Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the Rough Gunner Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Rough Gunner Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
18. Term and Termination
These Terms will remain in full force and effect while You are a User of any Rough Gunner Site. Rough Gunner reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Rough Gunner Sites and immediate termination of Your registration with or ability to access the Rough Gunner Sites and/or any other services provided to You by Rough Gunner, upon any breach by You of these Terms or if Rough Gunner is unable to verify or authenticate any information You submit to a Rough Gunner Site registration. Even after You are no longer a User of the Rough Gunner Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
19. Contacting Us
16117 Covello St.
Van Nuys, CA. 91406