Terms of Service

For information about how we collect, use, disclose, and otherwise process information about you, please see our Privacy Notice.

1. Eligibility

You must be at least 18 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. Further, if you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You may not share or permit others to use your account credentials. You should use a strong password for your account that is unique to our Services and not used by you in connection with any other website or online service. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for the activities of such users that occur in connection with your account, regardless of whether you have permitted them to use your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. User Content

(a) Our Services may allow you to create, post, and share content, including feedback, photos, and videos (collectively, “User Content”).

(b) You grant Triggeroutlaws a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your name, nickname, or photos) may be visible to others.

(c) You may not create, post, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You are solely responsible for any User Content you make and its accuracy. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. Prohibited Conduct and Content

(a) You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Make any misrepresentations or provide any false or misleading information in connection with a purchase made through the Services;
  • Use or attempt to use another user’s account;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
  • Bypass or ignore instructions contained in our robots.txt file, which files we may modify or update at any time in our sole discretion, that controls automated access to portions of our Services; or
  • Use our Services for any fraudulent, illegal, or unauthorized purpose, including to purchase firearms in a jurisdiction where such purchase is illegal, or engage in, encourage, or promote any activity that violates these Terms.

(b) You may also post or otherwise share only User Content that is not confidential and that you have all necessary rights to disclose. You may not create, post, or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law;
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Triggeroutlaws or others to any harm or liability of any type.

(c) Enforcement. You understand and agree that enforcement of this Section 4 or any other provisions in these Terms with respect to conduct is solely at Triggeroutlaws’s discretion, and failure to enforce this section or such terms in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, you understand and agree that nothing in these Terms creates any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules or prohibited by the law.

5. Limited License; Copyright and Trademark

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Triggeroutlaws Content”), are owned by or licensed to Triggeroutlaws and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Triggeroutlaws and our licensors reserve all rights in and to our Services and the Triggeroutlaws Content. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use our Services and Triggeroutlaws Content for your own personal use; however, such license does not include any right to (a) sell, resell, or commercially use our Services or Triggeroutlaws Content; (b) copy, reproduce, distribute, publicly perform, or publicly display Triggeroutlaws Content, except as expressly permitted by us or our licensors; (c) modify the Triggeroutlaws Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Triggeroutlaws Content; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use our Services or Triggeroutlaws Content other than for their intended purposes. Any use of the Services or Triggeroutlaws Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

6. Feedback

From time to time, you may voluntarily provide us with questions, comments, suggestions, ideas, original or creative materials, or other information about Triggeroutlaws or our Services (collectively, “Feedback”). You understand and agree that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Triggeroutlaws’s sole discretion. You understand that Triggeroutlaws may treat Feedback as nonconfidential.

7. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Triggeroutlaws and our officers, directors, agents, suppliers, and employees (individually and collectively, the “Triggeroutlaws Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Triggeroutlaws Parties of any third-party Claims, cooperate with Triggeroutlaws Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Triggeroutlaws Parties will have control of the defense and settlement, at Triggeroutlaws’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Triggeroutlaws or the other Triggeroutlaws Parties.

8. Disclaimers

We do not control, endorse, or take responsibility for any third-party content available on or linked to by our Services.

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Triggeroutlaws does not represent or warrant that our Services or any Triggeroutlaws Content are accurate, complete, reliable, current, or error-free. While Triggeroutlaws attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. When you use our Services, you assume the entire risk as to the quality and performance of the Services.

All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Triggeroutlaws, Triggeroutlaws Parties, and Triggeroutlaws’s respective agents, suppliers, and service providers, as well as their respective successors and assigns.

9. Limitation of Liability

(a) To the fullest extent permitted by applicable law, Triggeroutlaws and the other Triggeroutlaws Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, including relating to your use of or inability to use any products sold through the Services, even if Triggeroutlaws or the other Triggeroutlaws Parties have been advised of the possibility of such damages.

(b) In any event, the total liability of Triggeroutlaws and the other Triggeroutlaws Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100 USD.

(c) The limitations set forth in this Section 9 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Triggeroutlaws or the other Triggeroutlaws Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10. Release

To the fullest extent permitted by applicable law, you release Triggeroutlaws and the other Triggeroutlaws Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to the acts or omissions of third parties. If you are a consumer who resides in California, you hereby expressly waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

11. Transfer and Processing of Data

In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

12. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MIDWAYUSA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MIDWAYUSA FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MIDWAYUSA AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. Triggeroutlaws AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 12(l), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THESE TERMS.

(a) Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 12 apply to all Claims between you and Triggeroutlaws. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Triggeroutlaws, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or the Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

(b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Triggeroutlaws or if Triggeroutlaws has a Claim against you, you and Triggeroutlaws will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Triggeroutlaws will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties (the “Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

13. Governing Law and Venue

Any dispute arising from these Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Missouri, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Missouri or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 16, then the state and federal courts located in Kansas City, Missouri, will have exclusive jurisdiction. You and Triggeroutlaws waive any objection to venue in such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this Section 13 may not apply to you only to the extent that local law conflicts with this Section 13.

14. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

15. Amendments

We may make changes to these Terms from time to time. The “Last Updated” legend above indicates when these Terms were last changed. If we make future changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

16. Severability

If any provision or part of a provision of these Terms, other than Section 12, is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.