TERMS OF USE

Edmonds Outdoors, LLC (“Company,” “We,” “Us,” or “Our”) operates this website, http://gunner.com (“Website” or “Site”). This Terms of Use Agreement (“Agreement” or “TOU”) is applicable to you (“User,” “You,” or “Your”), and by accessing and using this Website, You agree to be bound by these terms and conditions, as well as Our “Privacy Policy,” found athttps://gunner.com/pages/privacy, which is hereby incorporated by reference.

Read these Terms of Use carefully before You begin using this Website. If You do not agree to be bound by this Agreement, then You should not continue to use this Website, and You should exit its pages. Note that this TOU may be updated from time to time, and any User’s continued use of this Site, after We have made updates to the terms of this TOU, is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is Your responsibility to check this Agreement periodically for updates.

We reserve the right to modify the Site in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, We may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

We control and maintain this Website in the United States, and Our Company makes no representation that the information provided on these Site pages is appropriate or available for use in other locations outside of the United States. If You use this Site from other locations, You are responsible for compliance with applicable local laws.

As a condition of use of the Site, You represent and warrant that You shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

While using the Website, You further agree:

- Not to falsify any personal information or otherwise create misleading information;
- Not to impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity;
- Not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
- Not to use any device, software, or routine that would interfere with the proper working of the Site;
- Not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of Site;
- Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- Not to use any robot, spider, other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Not to post or transmit from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law;
- Not to post or transmit to the Site any content that infringes or violates the intellectual property right or the right to privacy of any third party;
- Not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent;
- Not to interfere with or disrupt the Site networks or servers;
- Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
- Not to use the Site to send unwanted advertising solicitation or spam; and
- Not to interfere with Company or another authorized party's use and enjoyment of the Site.

GUNNER (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions andPrivacy Policy(the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that GUNNER and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of dog crates, kennels, clothing and accessories. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@gunner.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Nashville, Tennessee before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which GUNNER’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, video and audio, and the design, selection and arrangement thereof) are owned by Us (“Website Content”). This Website Content, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Without limiting any of Our intellectual property rights asserted in the preceding paragraph, and for purposes of clarity and notice, Our Company has established Trademark protection under the Lanham Act in its brand name (GUNNER) and associated brand names (listed below), through the use of and federal registration of the following trademarks:

• GUNNER (Registration No. 4790731)
• GUNNER KENNELS (Registration No. 4790732)
• DESIGNED FOR EVERYWHERE (Registration No. 4871989)
• MAN'S BEST KENNEL (Registration No. 4883029)
• DOG HEAD DESIGN (Registration No. 4790733)
• DOG HEAD DESIGN (Registration No. 4871990)

We also have established Patent protection under U.S. Patent Law in our kennel designs, through federal registration of the complete list of patents listed here, some of which include:

- ANIMAL ENCLOSURE (Registered, D760,447)
- ANIMAL ENCLOSURE (Registered, D778,510)
- ANIMAL ENCLOSURE (Registered, D768,941)
- ANIMAL ENCLOSURE (Registered, D822,912)
- ANIMAL ENCLOSURE (Patent Pending, WO2015/021053)

Additionally, all of the Website Content is copyrighted material by GUNNER and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Website Material on this Site without Our prior, express, and written permission.

A User may not: (a) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, or any other Website Content contained on this Site in any form without the prior written consent of Our Company; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein.

A User may not: (a) copy, distribute, or reproduce any aspect of our patented products or product designs; (b) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of any patented products or product designs featured on this Site; or (c) reverse engineer, disassemble, decompile, decode, or adapt any patented products or product designs featured on this Site.

Taking any action(s) in contravention of the aforementioned prohibited acts shall constitute intellectual property infringement and shall result in a legal response from Our Company.

When You submit comments or other information through this Website, You grant Our Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“Submitted Website Content”). Additionally, when You publish comments through any third-party social media website, and You subsequently and affirmatively grant Us the right to republish those comments on this Site (“Submitted Social Media Content”), you grant Our Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You allow Us to republish. You hereby acknowledge and agree that Submitted Website Content andSubmitted Social Media Contentmay be displayed on Our Site and used in any of Our marketing material(s) by Our Company at Our sole discretion.

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE INTELLECTUAL PROPERTY TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY THESE INTELLECTUAL PROPERTY TERMS AND CONDITIONS.

A User who purchases a product from this Site must enter a debit or credit card number. A User’s card will be charged before his or her order is completely fulfilled. There might be a delay between the purchase of the product and the receipt of the product, especially on some of our more popular products. We regularly post notices about these products and the possible delay between making a purchase and receiving the purchased product. Most often, these announcements are clearly posted on Site pages and appear before a User completes the purchase transaction, although in unusual cases, We might be unable to pose a product’s backorder status before the User has completed a purchase. In such a situation, We will provide a special notification to the affected User.

Note Regarding Check Payments. Payment by check is allowed by special request only, and it is granted at the sole discretion of Our Company on a case-by-case basis. A product purchased with a check is not considered a purchased product item, and is not prepared for shipping and fulfillment, until the check is received by Us and verified for deposit by Our chosen financial institution.In the very rare instance where a User receives his or her purchased product and is not satisfied with the product, We will consider refund requests on a case-by-case basis. When We choose to issue a refund, there might be a delay in the time between when We issue the refund and when the debit or credit card processor actually processes the refund. By using this Site, You acknowledge and accept these foregoing purchase terms, including the possibility of the aforementioned delays, which occur in the natural course of business.

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

OUR COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF ANY INFORMATION SUPPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.

You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IN NO EVENT WILL OUR COMPANY, EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You shall indemnify, defend and hold Our Company, its employees, and agents harmless from all damages, liabilities, and expenses. This includes all legal costs, attorneys’ fees, court costs, expenses, and settlements resulting from any action or claim, arising out of, connected with, or resulting from any violation of this Agreement by You. This also includes Your use of the Site (including, but not limited to, Your Submitted Website Content or Submitted Social Media Content), along with Your use of the Site’s content, services, and products other than as expressly authorized in this Agreement, or Your use of any information obtained from the Site.

This Agreement shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Nashville, Tennessee. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

The GUNNER mobile message service (the "Service") is operated by GUNNER (“GUNNER ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from GUNNER via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to+1 (337) 944-0550to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other GUNNER mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to+1 (337) 944-0550or emailinfo@gunner.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

To ask questions or comment about this Policy, you may contact us at:info@gunner.comPhone Number:
1-844-GUNNERK (1-844-486-6375)

The Terms of Use, along with the Privacy Policy referenced herein, represent the entire understanding and complete agreement by and among User and Company.