Terms of Use

1. ACCEPTANCE OF TOU

PLEASE REVIEW THE TOU CAREFULLY. BY CLICKING “I AGREE”, MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU, DO NOT ACCESS OR USE THE SERVICE, MAKE A PURCHASE THROUGH THE SERVICE, OR CLICK TO INDICATE THAT YOU AGREE TO THE TOU.

THE TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOU (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. PLEASE REVIEW SECTION 20 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

ELIGIBILITY

You represent and warrant that you are: (i) at least thirteen (13) years of age; (ii) if you are under the age of majority in your jurisdiction, using the Service with the consent and supervision of your parent or legal guardian, who agrees to be bound by these Terms of Use on your behalf; (iii) legally permitted to use the Service under the laws applicable to you; and (iv) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.

If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms of Use before you create an account, make a purchase, or otherwise use any feature of the Service that requires you to enter into a legally binding agreement.

2. PRIVACY POLICY

In addition to the TOU, the TacAO Privacy Policy governs your access to and use of the Service. You acknowledge and agree that by accessing or using the Service, TacAO may receive certain information about you, including personal information, and TacAO may collect, use and disclose such information in accordance with the Privacy Policy.

You further agree that TacAO may collect and use technical data and related information, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Updates, product support and other services (if any) related to the Service. TacAO may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

3. GRANT OF RIGHTS; OWNERSHIP

(a) Unless you hold a License (as defined in Section 27) or have a separately executed license agreement with TacAO, TacAO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access, view and interact with the Service for your personal, non-commercial use only; and (ii) print a reasonable number of pages for your personal, non-commercial use only.

(b) If you hold a License, then for the term of that License TacAO additionally grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the features of the Service unlocked by that License to create and manage your organization, its game fields and its games, to promote and run airsoft games and events, and to collect Waivers (as defined in Section 27) from players, including where you charge players to attend or otherwise operate your organization as a business (“Licensed Use”). A License is personal to the TacAO account that purchased it and may not be shared, resold, sublicensed or transferred. All other restrictions in the TOU continue to apply to Licensed Use.

(c) To the extent that the Service provides access to any online software, applications or other similar components, then TacAO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components within the online platform provided by TacAO and only for your personal, non-commercial purposes or, if you hold a License, for Licensed Use.

(d) TacAO makes available mobile applications for access to and use of certain components of the Service (collectively, “Mobile Apps”). Subject to your compliance in all material respects with the terms and conditions of the TOU and with the terms of service of the App Store (as defined in Section 5) from which you obtained the Mobile App, TacAO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on mobile devices that you own or control (and, if you obtained the Mobile App from the Apple App Store, on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions), in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes or, if you hold a License, for Licensed Use. Except as permitted by the applicable App Store’s usage rules, you may not distribute or make the Mobile Apps available over a network where they could be used by multiple devices at the same time. If you sell or transfer a device to a third party, you must remove the Mobile Apps from that device before doing so. The TOU govern any content, materials or services accessible from or purchased within the Mobile Apps, as well as any Updates that replace or supplement the Mobile Apps. You acknowledge and agree that the Mobile Apps are licensed, not sold, to you for use only under the terms and conditions of the TOU.

(e) All rights granted to you under this TOU are subject to your compliance with the TOU in all material respects. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by TacAO.

4. REGISTRATION

(a) You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TacAO reasonably suspects that you have done so, TacAO may suspend or terminate your account.

(b) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify TacAO immediately of any unauthorized use of your account or password or any other similar breach of security.

5. FEES AND MEMBERSHIPS; CANCELLATION

(a) You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Service. Some features of the Service are free to use, but fees may apply for memberships, premium features and other components. If there is a fee listed for any portion of the Service, by accessing or using that portion, you agree to pay the fee.

(b) If you make an in-app purchase in a Mobile App, including the purchase of a License, the applicable fee may be denominated in your local currency in the Apple App Store (https://www.apple.com/app-store/), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you obtain the Mobile App (each, an “App Store”). The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. TacAO relies on the App Store to collect fees and to report on the status of accounts. Your access to the Service may be suspended or terminated if you do not make payment on time or in full. Refunds for App Store purchases are described in Sections 5(e) and 5(f). Purchases through App Stores other than the Apple App Store and Google Play Store are subject to those stores’ own management and refund processes. Nothing in the TOU limits any refund rights you have under applicable law.

(c) If you sign up for a subscription-based membership, your membership will automatically renew at the conclusion of the then-current term unless you turn off auto-renewal at least twenty-four (24) hours before the conclusion of the then-current term. Uninstalling a Mobile App will not automatically cancel your membership or account or turn off auto-renewal, and you may continue to access the Service and your account after uninstalling a Mobile App, such as through the Sites. You must cancel your membership or turn off auto-renewal to end recurring charges. If you uninstall a Mobile App without canceling your membership or turning off auto-renewal, the recurring charges for your membership will continue. TacAO reserves the right to change membership fees at any time and TacAO may begin charging for products, content or services that it currently offers for free. TacAO will notify you at least 30 days in advance of your auto-renewal if the price of your membership fee has increased.

(d) TO CANCEL YOUR MOBILE APP SUBSCRIPTION, PLEASE TAKE THE FOLLOWING STEPS: For the Google Play Store, open the Google Play app, tap your profile icon, then Payments & subscriptions, then Subscriptions, and select the subscription to cancel. For the Apple App Store, open the Settings app on your device, tap your name, then Subscriptions, and select the subscription to cancel. For more information on managing your subscriptions, please visit https://support.apple.com/118428 for the Apple App Store or https://support.google.com/googleplay/answer/7018481 for the Google Play Store (each as may be updated by Apple or Google from time to time). Except as provided in Sections 5(e), 5(f) and 12(a), canceling a membership or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on cancellation date. Cancellation is effective at the conclusion of the then-current term.

(e) APPLE APP STORE REFUNDS. If you purchased through the Apple App Store, Apple, not TacAO, processes all refunds. TacAO cannot initiate, approve or issue a refund for an Apple App Store purchase. To request a refund, including a prorated refund under Section 12(a), sign in at https://reportaproblem.apple.com and request a refund for the purchase, or contact Apple Support. Apple decides whether to grant the refund under its own policies and applicable law. If the Mobile App fails to conform to an applicable warranty, Section 28(d) also applies. If you have requested a prorated refund under Section 12(a) and Apple declines or cannot process all or part of it, contact support@tacticalao.com and TacAO will reimburse the remaining amount directly as described in Section 12(a).

(f) GOOGLE PLAY REFUNDS. If you purchased through the Google Play Store, you may request a refund directly from Google within forty-eight (48) hours of purchase at https://support.google.com/googleplay/answer/15574897. Google decides those requests under its own policies. After that window, or if Google directs you to the developer, contact support@tacticalao.com. TacAO is able to issue full, partial and prorated refunds for Google Play purchases through Google Play’s developer tools and will do so where required by Section 12(a) or applicable law; TacAO considers all other refund requests in its discretion, consistent with Section 5(d). Refunding your most recent subscription payment ends your access under that subscription immediately and cancels future renewals.

6. RESPONSIBILITY FOR CONTENT

(a) You acknowledge and agree that all information, maps, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not TacAO, are entirely responsible for all Content that you upload, post, email, transmit, share or otherwise make available through the Service (“Your Content”), and other users of the Service, and not TacAO, are similarly responsible for all Content they upload, post, email, transmit, share or otherwise make available through the Service (“User Content”).

(b) You acknowledge and agree that TacAO has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although TacAO reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, TacAO shall have the right to remove any Content that violates the TOU or that it deems objectionable in its sole discretion.

(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any other party and does not contain false or misleading statements.

7. RIGHTS TO CONTENT; COPYRIGHT AND TRADEMARK NOTICE

(a) TacAO does not claim ownership of Your Content. However, you grant TacAO and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) in connection with the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

(b) Certain features within the Service allow you to share Your Content with other users, groups of users or all users. By using such features, you provide designated users a perpetual, irrevocable and non-exclusive license to view Your Content.

(c) Except with respect to Your Content, you acknowledge and agree that TacAO and its licensors own all rights, title and interest in the Service and all Content and other materials within the Service (including, but not limited to, text, photos, video, visual interfaces, interactive features, graphics, design, compilation, code, products, software, aggregate user reviews or ratings, and all other elements, components and intellectual property rights), which may not be used without the prior written consent of TacAO. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. The TacAO logos and trademarks referenced in the Service are the trademarks of TacAO and its affiliates. Any other company names, product names, service names and logos referenced in the Service may be the trademarks of their respective owners. TacAO reserves all rights not expressly granted to you.

(d) Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOU; (ii) except as expressly permitted by applicable law, reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of, any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by TacAO; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.

(e) Notwithstanding Sections 7(a) and 7(b), private waiver records, electronic signatures, and personal information submitted in connection with a Waiver are not subject to the content licenses granted in those paragraphs. You authorize TacAO and its service providers to process those records only as reasonably necessary to provide, secure, and support the waiver functionality, make records available to the signing player and authorized representatives of the relevant organization, and comply with applicable law, in accordance with the Privacy Policy. This authorization does not permit public display, advertising use, or alteration of a signed Waiver’s substantive contents.

8. USER CONDUCT

In connection with your access to or use of the Service, you shall not:

(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.

(b) impersonate any person or entity, including, but not limited to, TacAO personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(d) act in a manner that negatively affects the ability of other users to access or use the Service;

(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;

(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;

(h) violate any applicable local, state, provincial, federal or international law or regulation;

(i) violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or

(j) use the Service or any Content from the service to harass, harm, threaten or otherwise harm another user or third party.

9. FEEDBACK, CONTRIBUTOR PROGRAMS AND GIVEAWAYS

(a) If you elect to provide or make available to TacAO any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), TacAO shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

(b) TacAO may offer, and derive content from one or more contributor programs. Contributor programs may be subject to separate agreements regarding licensing, media use and liability. It is your choice to participate in any contributor program and your responsibility to follow these TOUs and any additional agreements. Participating in a contributor program does not create an employment relationship between you and TacAO.

(c) TacAO may, from time to time, provide you the opportunity to participate in surveys, contests or sweepstakes (together, “Promotions”) through the Services, which may include additional terms and conditions to participate. All Promotions are voluntary and it is your responsibility to comply with these TOUs and any additional terms and conditions when participating.

10. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that TacAO shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

11. LINKS AND EXTERNAL MATERIALS

The Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that TacAO does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing, and you agree to use External Materials at your sole risk. TacAO reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any link to External Materials at any time without notice or liability to you. You further acknowledge and agree that TacAO shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.

12. MODIFICATIONS TO THE SERVICE; UPDATES

(a) TacAO reserves the right at any time to modify, suspend or discontinue the Service (or any portion thereof) with or without notice, and TacAO shall not be liable to you or to any third party for any such modification, suspension or discontinuance; provided, however, that if TacAO discontinues the Service in its entirety, holders of an active paid subscription License or membership will receive a prorated refund for the unused portion of their then-current paid term, calculated from the date the Service is discontinued. For Apple App Store purchases, request the refund from Apple as described in Section 5(e); if Apple declines or cannot process all or part of the prorated refund, contact support@tacticalao.com and TacAO will reimburse the remaining amount directly after verifying your purchase and any refund already received. For Google Play purchases, contact support@tacticalao.com and TacAO will issue the prorated refund through Google Play as described in Section 5(f). For purchases through other App Stores, contact support@tacticalao.com and TacAO will either initiate the refund through that store, where the store permits, or reimburse you directly. One-time Licenses, including Founders, have no recurring paid term and are not subject to this prorated calculation; refunds for those purchases remain subject to Sections 5(e) and 5(f) and applicable law.

(b) TacAO may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). TacAO may develop Updates that require installation by you before you continue to access or use the Service. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device, its operating system and/or your applicable App Store settings.

13. CHANGES TO THE TOU

TacAO reserves the right to change the TOU at any time upon notice to you. TacAO may give notice by making the updated TOU available in the Service or by any other reasonable means. You can access and review the most current version of the TOU at any time at: https://tacticalao.com/terms-of-use. The updated TOU are binding on you as of the next date that you use the Service after the date of updated TOU. If you do not agree to the updated TOU, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of the TOU will constitute your acceptance of the updated TOU.

14. INDEMNIFICATION

You will indemnify and hold TacAO and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “TacAO Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.

15. DISCLAIMER OF WARRANTIES

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND TacAO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) TacAO PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. AVAILABILITY AND ACCURACY OF THE INFORMATION PROVIDED BY THE SERVICE IS DEPENDENT UPON MANY FACTORS. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION, CONDITIONS AND YOUR HARDWARE BEFORE TAKING OR OMITTING ANY ACTION. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE OR LOCATION.

(d) IT IS YOUR RESPONSIBILITY TO:

• OBEY ALL APPLICABLE LAWS, RULES, REGULATIONS, RESTRICTIONS, ADVISORIES AND POSTINGS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATED TO TRESPASSING, PRIVATE PROPERTY, PUBLIC LAND USE AND FIREARMS.
• USE YOUR COMMON SENSE AND DUE DILIGENCE.
• VISUALLY VERIFY BOUNDARIES, ROADS AND TERRAIN FOR ACCESS AND SAFE CONDITIONS.
• CHECK LOCAL WEATHER FORECASTS AND PLAN AHEAD.
• TAKE APPLICABLE SAFETY COURSES AND ENSURE YOU HAVE THE PROPER EQUIPMENT, SUPPLIES, DOWNLOADED DATA, AND BATTERY SUPPORT TO GET HOME SAFELY.

(e) THE CONTENT MADE AVAILABLE THROUGH THE SERVICE DOES NOT CONSTITUTE A LEGAL SURVEY. OWNERSHIP OF LAND, WHETHER PUBLIC OR PRIVATE, MAY CHANGE AT ANY TIME. TO OBTAIN THE DEFINITIVE DESCRIPTION OF REAL PROPERTY, CONSULT THE DEED OR OTHER OFFICIAL RECORD MAINTAINED BY THE APPLICABLE GOVERNMENTAL AUTHORITY. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE, LOCATION OR CURRENT CONDITIONS.

(f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TacAO PARTIES OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, EXCEPT AS PROVIDED IN SECTION 28(d) FOR APPLE APP STORE USERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. LIMITATION OF LIABILITY

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT TacAO PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF TacAO PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TacAO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO TacAO FOR ACCESS TO THE SERVICE (OR PORTION THEREOF) AT ISSUE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PROPERTY DAMAGE, BODILY INJURY OR DEATH, INCLUDING, BUT NOT LIMITED TO, RISKS THAT MAY ARISE FROM THE ACTS OF OTHERS AND OTHER RISKS BEYOND THE CONTROL OF TacAO. YOU ASSUME ALL SUCH RISKS AND ALL RELATED DAMAGES AND LOSSES, WHETHER CAUSED IN WHOLE OR IN PART BY ANY ACT OR OMISSION OF TacAO PARTIES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS TacAO PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. The limitation of liability set out in this section 16 does not apply to liability resulting from TacAO PARTIES’ gross negligence or willful misconduct.

17. INDEPENDENT REMEDIES

The exclusion of damages under Section 16 is independent of your exclusive remedy in Section 16 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Section 16 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

18. TERMINATION AND SURVIVAL

In the event that you violate the TOU: (a) all rights granted to you under the TOU shall terminate immediately, with or without notice; (b) you must immediately cease using the Service; and (c) TacAO, in its sole discretion, may remove and discard Your Content. Upon termination of the TOU, all rights granted to you under the TOU shall immediately terminate, but all other provisions shall survive termination.

19. GOVERNING LAW

The TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Wyoming, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOU.

20. BINDING ARBITRATION AND CLASS ACTION WAIVER

(a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

(b) The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except that TacAO will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against TacAO, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (CHEYENNE) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN CHEYENNE, WYOMING. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(d) Notwithstanding anything to the contrary, you and TacAO may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

21. INTERNATIONAL USE; EXPORT COMPLIANCE

(a) If you are not a United States resident and you are accessing the Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

(b) TacAO servers and operations are located primarily in the United States and TacAO policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including personal information) to and in the United States and/or other countries; and (ii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services.

(c) The following provisions apply to all users, regardless of where you are located. You may not use or otherwise export or re-export the Service or the Mobile Apps except as authorized by United States law and the laws of the jurisdiction in which you obtained them. In particular, but without limitation, the Mobile Apps may not be exported or re-exported (i) into any U.S.-embargoed country or any country designated by the U.S. Government as a “terrorist supporting” country, or any country listed in the Area Control List under Canada’s Export and Import Permits Act; or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List, the U.S. Department of Commerce Denied Persons List or Entity List, or any other U.S. Government list of prohibited or restricted parties. By using the Service, you represent and warrant that you are not located in any such country and are not on any such list. You also agree that you will not use the Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons.

22. U.S. GOVERNMENT ENTITIES

This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the TOU with respect to such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to the TOU.

24. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide TacAO’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TacAO’s Agent for Notice of Copyright Claims can be reached as follows:

25. NOTICES

TacAO may give you all notices (including legal process) that TacAO is required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to TacAO. You acknowledge that if you do not provide TacAO with current and accurate contact information, TacAO may not be able to contact you. You agree to send TacAO notice by mailing it to the following address: Mission Command Center Enterprises, 1507 Lampman Court, Cheyenne, WY 82007

26. GENERAL PROVISIONS

The TOU constitutes the entire agreement between you and TacAO concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and TacAO with respect to such subject matter. You may not assign or delegate any right or obligation under the TOU without the prior written consent of TacAO. The failure of TacAO to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. Any prevention of or delay in performance by TacAO hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay. Additional terms that apply if you obtained the Mobile App from the Apple App Store are set out in Section 28.

27. LICENSES AND ORGANIZATION WAIVERS

(a) TacAO offers paid software licenses that unlock Game Maker features of the Service, such as Organization Owner, Organization Admin, Facebook Admin, Game Maker Bundle and Founders (each, a “License”). Licenses are purchased through the App Stores and are subject to Section 5. Organization Owner, Organization Admin, Facebook Admin and Game Maker Bundle are subscription Licenses that automatically renew unless canceled. Founders is a one-time purchase, not an auto-renewing subscription, and includes lifetime access to the Game Maker Bundle and the additional Founders benefits described at the time of purchase, for as long as the Service remains available. A License is tied to the TacAO account that purchased it and takes effect when the applicable App Store confirms the purchase. Canceling a subscription stops future renewals; access continues until the end of the current paid billing period and then expires unless renewed. A one-time License does not require renewal. Access under either type of License may end earlier if the purchase is refunded or revoked under the applicable App Store’s rules, or if your rights are terminated under Section 18. TacAO may change the name or features of a License, but will preserve the benefits you purchased for the remainder of your current paid subscription term or, for a one-time License, for its stated duration, subject to Sections 12 and 18. A License grants you the rights described in Section 3(b) and nothing more; it does not grant you any ownership interest in the Service or any Content.

(b) The Service allows an organization that holds an Organization Owner License to require players to sign the organization’s liability waiver or other participation agreement (a “Waiver”) before checking in to a game hosted at that organization’s game fields. A Waiver is an agreement solely between you and the organization that created it. TacAO is not a party to any Waiver, did not draft it, does not review it for accuracy, legality or enforceability, and makes no representation or warranty about its contents. TacAO’s role is limited to presenting the Waiver text supplied by the organization, collecting your electronic signature and the identity details you enter at signing, and storing the signed record so that you and the organization can access it. By signing a Waiver in the Service, you agree that your electronic signature is legally binding to the same extent as a handwritten signature, to the extent permitted by applicable law. Any fees you pay to an organization to attend a game are solely between you and that organization, as described in Section 10.

(c) If you create a Waiver on behalf of an organization, you are solely responsible for its contents, for ensuring that it complies with applicable law, for obtaining any additional consents it may require (for example, from a parent or guardian), and for how you use the signed Waivers and the personal information you collect through them. You will not use a Waiver to require players to agree to anything that violates the TOU. Signed Waivers are stored by TacAO as a convenience to you and the signing player; TacAO does not guarantee that stored Waivers will be available for any particular period of time, and you are responsible for keeping your own copies of any Waivers you rely on.

28. APPLE APP STORE USERS

The following terms apply if you obtained the Mobile App from the Apple App Store. They supplement the rest of the TOU and, in the event of a conflict, control with respect to your use of the Mobile App on Apple-branded products.

(a) Acknowledgement. You and TacAO acknowledge that the TOU is concluded between you and TacAO only, and not with Apple Inc. (“Apple”), and that TacAO, not Apple, is solely responsible for the Mobile App and the content thereof. To the extent the TOU provides for usage rules for the Mobile App that are less restrictive than, or in conflict with, the Usage Rules set forth in the Apple Media Services Terms and Conditions, the Apple Usage Rules control.

(b) Scope of License. The license granted to you in Section 3(d) is limited to a non-transferable license to use the Mobile App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Mobile App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where Apple makes those features available.

(c) Maintenance and Support. TacAO is solely responsible for providing any maintenance and support services with respect to the Mobile App, as specified in the TOU or as required under applicable law. You and TacAO acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

(d) Warranty. TacAO is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TacAO’s sole responsibility.

(e) Product Claims. You and TacAO acknowledge that TacAO, not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including, where applicable, claims arising in connection with the Mobile App’s use of the HealthKit and HomeKit frameworks. The TOU does not limit TacAO’s liability to you beyond what is permitted by applicable law.

(f) Intellectual Property Rights. You and TacAO acknowledge that, in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, TacAO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(g) Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. See also Section 21(c).

(h) Developer Name and Address. Questions, complaints or claims with respect to the Mobile App should be directed to:

(i) Third-Party Terms of Agreement. You must comply with any applicable third-party terms of agreement when using the Mobile App, such as your wireless data service agreement.

(j) Third-Party Beneficiary. You and TacAO acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the TOU, and that, upon your acceptance of the TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce the TOU against you as a third-party beneficiary thereof.

29. CONTACT INFORMATION

If you have questions, concerns or suggestions regarding the Service, your account or the TOU, please contact us at support@tacticalao.com or (949) 424-3624.