PLEASE READ THIS AGREEMENT FULLY AND CAREFULLY. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

THESE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
BY USING THE GUNLEASH.COM WEBSITE OR MOBILE APPLICATION, CREATING AN ACCOUNT WITH GUNNY: GUN LEASH, OR PLACING AN ORDER THROUGH THE GUNNY: SHOT CALLER PLATFORM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE THE APPLICATION OR WEBSITE OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY (IF GREATER THAN 18) IN YOUR JURISDICTION, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THE WEBSITE OR APPLICATION, OR ANY OF THEIR CONTENTS, GOODS, OR SERVICES.

By accessing this Website, Application, or the Services you agree to be bound by the terms and conditions set forth herein. These terms and conditions create a contract between you and THE GUNNY,INC. (“the Agreement”). To confirm your understanding and acceptance of the Agreement, click “Agree.”

Introduction

These terms and conditions are subject to change without notice. These terms and conditions constitute the entire agreement and govern your visit to and your use of our website at www.gunny.app the Services, and the Application (as defined below), as well as to all information, recommendations and/or services provided to your on or through the Website, the Services, and the Application. The Website, the Services, and the Application together are referred to as the “Platform.”
Please understand that the use of the Platform is not a substitute for your own diligence and handing of a firearm. You understand that you are the ultimate safety precaution that can prevent harm to others when you own or use a firearm.

GUNNY Company

Your contracting partner is GUNNY, INC, a private C CORP established in Wyoming, having its principal office at 2908 Brownsboro Rd. 103 Louisville, KY 40206. (“GUNNY Company”). GUNNY Company created and operates GUNNY: GUN LEASH (“Gunny”).

Services

GUNNY is the first patented (63/133,782) FIREARM PROXIMITY SYSTEM designed to notify the firearm owner when their weapon is out of their control or possession. Firearm ownership requires the owner to take full responsibility of always knowing the whereabout of the firearm.

All services provided by GUNNY Company to you by means of your use of the Application are hereafter referred to as “the Services.” By accessing the Services, you, and any parties on whose behalf or for whose benefit you access, view, or otherwise use (collectively “use”) the Services, within this Agreement. This Agreement governs the use of the Services, including all Content contained therein and limits the liability of GUNNY, INC resulting from any use of such Content.

Assent to the Agreement

By using the Application or the Service, you enter into a contract with GUNNY Company (“the Agreement”). In order to use the Application or the Services, you must register for a consumer account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Platform on your behalf, and (e) immediately notify GUNNY Company if you discover or otherwise suspect any security breaches related to the Platform or your account. You further understand and agree that GUNNY Company may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

By creating a Gunny Account, you consent to receive electronic communications from GUNNY Company (e.g., via email or by posting notices to the Website or the Application). These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that GUNNY Company sends to you electronically will satisfy any legal communication requirements including but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provide.

By assenting to this Agreement, you represent that you are of legal age and status to purchase, own, and use a firearm. GUNNY Company will, under no circumstances, be liable for any damage caused by any of a user of the Platform or firearm resulting from such user’s operation of a firearm.

By assenting to this Agreement, you represent that you are either an individual of legal age to enter into a binding contract or that you are registering on behalf of a legal entity and are authorized to enter into and bind the entity to this Agreement.

Use of the Application or Services

You warrant that the information you provide to GUNNY Company through your use of the Application or Services is accurate and complete. GUNNY Company is entitled at all times to verify the information that you have provided and to refuse the Services or use of the Application without providing reasons.
You may only access the Services using authorized means. You must check to ensure you download the correct Application for your devise. GUNNY Company is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. GUNNY Company reserves the right to terminate the Services and the use of the Application in the case you use the Services or Application with an incompatible or unauthorized device.

By using the Application or the Services, you further agree that:

• You will only use the Services or download the Application for your sole, personal use and will not resell it to a third party;
• You will not authorize others to use your account;
• You will not assign or otherwise transfer your account to any other person or legal entity;
• You will not use an account that is subject to any rights of a person other than you without appropriate authorization from GUNNY Company;
• You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Service or Application to cause nuisance, annoyance, or inconvenience;
• You will not impair the proper operation of the network;
• You will not try to harm the Service or Application in any way whatsoever;
• You will not copy, or distribute the Application or other GUNNY Company Content without written permission from GUNNY Company;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
• You will provide us with whatever proof of identity we may reasonably request;
• You will not use the Service or Application with an incompatible or unauthorized device;
• You will not use the Application or the Services unless you are legally permitted to purchase, own, and use a firearm;
• You will acquire all necessary permits and/or licenses to legally own and operate a firearm, in accordance with the applicable law from your home jurisdiction(s) and/or jurisdiction(s) in which you are present while using the Application or Service, prior to using the Application or the Services.
• You will comply with all other applicable law from your home jurisdiction(s) and/or jurisdiction(s) in which you are present while using the Application or Service.

Payment

You can buy the GUN LEASH at www.gunleash.com or your local gun store.
Your GUN LEASH works in conjunction with your GUNNY APP. Fees for the app are; $9.95 per month or $95 per year. These may be modified or updated by GUNNY Company from time to time without notice to you. It is your own responsibility to remain informed about the current rates for the Services.

The Application uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. GUNNY Company is not responsible for any errors by the Payment Processor. In connection with your use of the Services, GUNNY Company will obtain certain transaction details, which GUNNY Company will use solely in accordance with its Privacy and Cookie Notice.

Disclaimer of Warranties

Neither GUNNY Company nor any of its providers, licensors, employees or agents warrant that the operation of the Platform will be uninterrupted or error free or that all errors will be corrected, and GUNNY Company will not be liable for any damages arising out of use, or inability to use, the Platform. GUNNY Company will not be liable for unauthorized access to or alteration, theft, or destruction of user’s data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method, unless it is solely attributable to GUNNY Company. GUNNY Company does not warrant that the Services or Application will meet user’s requirements or operate in combination with other hardware, software, systems or other data. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION VII, GUNNY Company DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, CONTAINED IN OR DERIVED FROM THIS AGREEMENT, OR ANY OTHER POLICIES INCORPORATED HEREIN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GUNNY Company does not make any representations or warranties about any services provided by third parties.

Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify, and hold harmless GUNNY Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including but not limited to attorneys’ fees and costs) arising out of or in connection with:
Your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
Your violation of any rights of any third party;
Your use or misuse of the Application or Service;
Your use or misuse of a firearm.

Liability

The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. GUNNY Company will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.

GUNNY Company shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses, or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of GUNNY Company.

GUNNY Company shall further not be liable for damage resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including—but not limited to—damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, GUNNY Company’s aggregate liability shall in no event exceed an amount of $100 (One Hundred Dollars) or, where applicable, the equivalent of that amount in the currency used by you for the payment of any Services.

License Grant, Restrictions and Copyright Policy
For the purpose of this provision, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“GUNNY Company Content” means Content owned or used by GUNNY Company, its affiliates or licensors and made available through the Website, Service, or Application, including any Content licensed from a third party, but excluding User Content. “User” means a person who accesses or uses the Service or Application. “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application. “Collective Content” means, collectively, GUNNY Company Content and User Content. Subject to your compliance with this Agreement, GUNNY Company grants you a limited, non-exclusive, non-transferable license:

To view, download, and print any GUNNY Company Content solely for your personal and non-commercial purposes; and
To view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You may not use, copy adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of GUNNY Company. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GUNNY Company or its licensors, except for the licenses and rights expressly granted in this Agreement.

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, to the extent permitted by law, GUNNY Company shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).

You acknowledge that GUNNY Company only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. GUNNY Company shall not be continuously monitoring User content published by you or moderating between Users, nor shall GUNNY Company be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of GUNNY Company.

Any use by you of the User content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third-party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

You agree to indemnify and keep GUNNY Company, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by GUNNY Company or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service, or the Application.

GUNNY Company reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you an which GUNNY Company believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to GUNNY Company.

You agree to promptly notify GUNNY Company in writing of any User Content that breaches these User Terms. You agree to provide to GUNNY Company sufficient information to enable GUNNY Company to investigate whether such User Content breaches this Agreement. GUNNY Company agrees to make good faith efforts to investigate such complaint and shall take such action as GUNNY Company in its sole discretion decides. However, GUNNY Company does not warrant or represent that it will block or remove (in whole or in part) such user Content.

Application License

Subject to your compliance with this Agreement, GUNNY Company grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not:

• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Application in any way;
• Modify or make derivative works based upon the Services or Application;
• Create Internet “links” to he Services or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
• Reverse engineer or access the Application in order to:
• Design or build a competitive product or service,
• Design or build a product using similar ideas, features, functions or graphics of the Services or Application, or
• Copy any ideas, features, functions or graphics of the Service or Application, or
• Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may make multiple server requests per second, or unduly burdens or hinders operation and/or performance of the Service or Application.

You shall not:

• Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
• Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
• Send or store material containing software viruses, worms, Trojan horses, or other harmful computer code files, scripts, agents, or programs;
• Interfere with or disrupt the integrity or performance of the Website, the Application or Services or the data contained therein; or
• Attempt to gain unauthorized access to the Website, the Application or Services or its related systems or networks.

GUNNY Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GUNNY Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that GUNNY Company has no obligation to monitor your access to or use of the Website, Services, Application, or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court administrative agency or other governmental body. GUNNY Company reserves the right at any time and without prior notice to remove or disable access to any Collective Content that GUNNY Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Website, the Services, or the Application.

Copyright Policy

GUNNY Company respects copyright law and expects its users to do the same. It is GUNNY Company’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.

Patent Policy

The Gunny Application and Services operate with technology protected by a Patent (63/133,782) held by GUNNY Company. GUNNY Company is the sole owner of or licensee of all right, title, and interest in the Patent, free and clear of all Liens and other adverse claims. The issued Patent is currently in compliance with formal legal requirements (including payment of filing, examination, and maintenance fees and proofs of working or use), are valid and enforceable, and are not subject to any maintenance fees or taxes or actions falling due within ninety days after the Closing Date. The Patent has not been and is not now involved in any interference, reissue, reexamination, or opposition proceeding. To GUNNY Company’s knowledge: (1) there is no potentially interfering patent or patent application of any third party, and (2) no Patent is infringed or has been challenged or threatened in any way. To GUNNY Company’s knowledge, none of the products manufactured and sold, nor any process or know-how used, by GUNNY Company infringes or is alleged to infringe any patent or other proprietary right of any Person.

GUNNY Company will terminate Users or other account holders who act in a way that constitutes an infringement of any patent held by GUNNY Company. GUNNY Company will pursue all claims against any Users or other account holders who infringe any patents held by GUNNY Company.

DMCA Compliance

In accordance with the Digital Millennium Copyright Act (“DCMA”) and other applicable laws, we have adopted a policy of limiting access to the Platform by, or by terminating the accounts of, users in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Platform infringe on your copyright, you may request removal of those materials from the Platform by contacting us and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or thee location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or the authorized representative.

Intellectual Property Ownership

The Website, Application, Services, Social Media Pages, and all associated content, design, text, graphics, images, video, audio, and interfaces, as well as the collection, selection, and arrangement thereof, and all associated software (collectively, the “Gunny Materials”), are the sole and exclusive property of, or duly licensed to, GUNNY Company. The Gunny Materials are owned by GUNNY Company or its affiliates, its licensors, or other providers of such material and are protected by United States and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

The Gunny name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GUNNY Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of GUNNY Company.
All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

App Store Sources Application

With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only:

• On an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
• As permitted by the “Usage Rules” set forth in the Apple App Store Terms of Services. GUNNY Company reserves all rights in and to the Application not expressly granted to you under this Agreement.

You acknowledge and agree that:

• This Agreement is valid between you and GUNNY Company only, and not Apple, and
• GUNNY Company, not Apple is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App store Sourced Application. As between GUNNY Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GUNNY Company.

You and GUNNY Company acknowledge that, as between GUNNY Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application including, but not limited to:

• Product liability claims;
• Any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
• Claims arising under consumer protection or similar legislation.

You and GUNNY Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Sore Sourced Application infringes that third party’s intellectual property rights, as between GUNNY Company and Apple, GUNNY Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and GUNNY Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Third Party Interactions

During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application, and the Services. These links take you off the Website, the Application and the Service and are beyond GUNNY Company’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. GUNNY Company is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Term and Termination of the Contract

The Contract between GUNNY Company and you will persist as long as User timely satisfies all payments owned to GUNNY Company for its use of the Platform.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Services. You can close your user account at any time by following the instructions on GUNNY Company’s website.

GUNNY Company may terminate the Contract for User’s failure to pay monthly fees timely. If User fails to make a timely payment, GUNNY Company shall provide User with written notice. If, after receiving notice, User fails to pay amounts owed within thirty (30) days, GUNNY Company will terminate the contract with User and cancel User’s account.

GUNNY Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Services) if you:
Violate or breach any term of this Agreement, or
In the opinion of GUNNY Company, misuse the Application or the Services. GUNNY Company is not obligated to give notice of the termination of the Contract in advance. After termination GUNNY Company will give notice thereof in accordance with this Agreement.

Attorney’s Fees; Expenses

If GUNNY Company is the prevailing party in any lawsuit or claim between GUNNY Company and any user or other account holder, GUNNY Company shall be entitled, in addition to any other remedies, to reimbursement of all reasonable costs and expenses, including reasonable attorney’s fees.

Invalidity of One or More Provisions

The invalidity of any term of this Agreement shall not affect the validity of the other provisions of this Agreement. If and to the extent that any provision of this Agreement is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of this Agreement.

Modification of the Services and this Agreement

GUNNY Company reserves the right, at its sole discretion, to modify or replace any of the provisions of this Agreement, or change, suspend, or discontinue the Services or Application (including without limitation, the availability of any feature, databased, or content) at any time by posting a notice on the Website or by sending you notice through the Services, the Application, or via email. GUNNY Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Your continued use of the Website, Application, and the Services, and continuation of your account with us, after a posted change in this Agreement will constitute your acceptance of and agreement to such changes. If you do not agree with the modified terms and conditions, you should stop using the Platform and cancel your account.

Force Majeure

GUNNY Company is not liable or responsible for any failure to perform, or delay in the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

Internet

The Platform may be used to access and transfer information over the internet. User acknowledges and agrees that GUNNY Company and its affiliates, agents, subcontractors, and suppliers do not operate or control the internet and that (1) viruses, worms, trojan horses, or other undesirable data or software, or (2) unauthorized users (e.g., hackers), may attempt to obtain access to and damage customer’s data, websites, computers, or networks. Licensor shall not be responsible for prevention or effects of such activities.

Notice

GUNNY Company may give notice by means of a general notice on the Services or Application, or by electronic mail to your email address on record in GUNNY Company’s account information.

Assignment

You may not assign your rights under this Agreement without prior written approval from GUNNY Company.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of GUNNY Company.

Privacy and Cookie Notice

GUNNY Company collects and processes the personal data of the visitors of the Website and users of the Application.

Entire Agreement

This Agreement and any documents and/or policies referenced herein will be deemed the final and integrated agreement between you and GUNNY Company on the matters contained herein.

Applicable Law and Dispute Resolution

This Agreement and the relationship between you and GUNNY Company, and all Transactions on the Services shall be governed by the laws of the State of Kentucky, excluding its conflicts of law provisions. You and GUNNY Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fremont, Wyoming, to resolve any dispute or claim arising from this Agreement.