TRUEZERO
TERMS OF SERVICE

These Terms of Service govern all users' utilization of the TrueZero Platform. By accessing and utilizing the Platform, you agree to the provisions of these Terms of Service and any policy and/or document incorporated herein by reference.

PLEASE NOTE THAT THESE TERMS OF SERVICE INCLUDE AN ARBITRATION CLAUSE. AS SUCH, PLEASE REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE ENGAGING THE PLATFORM FOR ANY SERVICE(S).

1. Definitions

Capitalized terms found throughout these Terms of Service shall have the following meanings:

a) The Company shall mean BDMR LLC, a Colorado limited liability company.

b) Intellectual Property Rights shall mean all ideas, inventions, discoveries, processes, designs, methods, substances, articles, computer programs, and improvements, whether or not patentable or copyrightable, associated with the design and/or manufacturing of any Service(s).

c) The Platform shall mean the website owned and maintained by the Company and/or its agent(s), including its homepage and all subpages, whose usage these Terms shall govern (for purposes of clarification, the homepage of this website shall be: ‘truezero.app’ unless amended by the Company).

d) Service(s) shall mean digital review, commenting, and communication services concerning supplies, tactical gear, and weapons, and any other good(s) or service(s) offered by the Company on the Platform.

e) These Terms shall mean these TrueZero Terms of Service, as amended by the Company from time to time.

f) A User Account shall mean an account created by a user who wishes to utilize or participate in certain Services on the Platform.

2. Services

The Company offers the Service on the Platform subject to the provisions of this section and applicable law.

a) Change in Services Offered. The Company may, at any time and at its sole and exclusive discretion, change offered Services or remove them from the Platform. In the event you previously utilized a Service that is no longer offered by the Company, the Company will notify you within forty-eight (48) hours.

b) Service Prices. The Company lists all Service prices on the Platform. The Company may also, from time-to-time, make Service price packages available to you. Furthermore, the Company may raise or otherwise modify Service prices at its sole discretion, upon which you may continue or terminate your utilization of such Services.

c) Taxes and Fees. The Company reserves the right to assess applicable taxes and fees mandated by any municipal, county, state, or federal authority of the jurisdiction in which you pay for Services. Notwithstanding the foregoing, applicable taxes and fees may be excluded from the price and/or may be added to the total order prior to the confirmation of the order.

d) Third-Party Products and/or Services. In utilizing the Platform, you may be utilizing the product(s) and/or service(s) of one or more third parties. Your utilization of such third-party products and/or services may be subject to the separate policies, terms of service/use, and fees of such third parties. The Company disclaims any and all warranties and representations, express or implied, regarding such third-party products and/or services.

3. User Accounts

To access and/or utilize certain parts or Services on the Platform, you may create and maintain a User Account (provided the feature is active), subject to the provisions of this section.

a) Creation of User Account. In creating a User Account, you may be prompted to provide personal information, including, without limitation, your full legal name, age, gender, telephone number, email address, and/or shipping and/or billing address. The Company may refuse to admit you to the Platform or permit you to create a User Account for any or no reason, so long as it complies with applicable law.

b) Payment Method. In the event you create a User Account, you may be able to provide a preferred payment account, card, or method for Service payments. Payment information will not be stored on, or saved by the Company or the Platform, though third-party integrations (such as payment processors) may do so.

c) Underage Users. Only natural persons over the age of eighteen (18) may access the Platform and create User Accounts The Company will promptly terminate any User Account it deems to belong to a person under the age of eighteen (18).

d) Deletion of User Account. You may request permanent deletion of your User Account at any time by following the applicable prompt on your Platform dashboard. Please allow up to fourteen (14) business days to process your User Account permanent deletion request. Please note that, once permanently deleted, a User Account may not be recovered by either you or the Company.

5. Electronic Communications

When you access the Platform (whether you utilize or engage any Service(s) or not), you communicate with the Company electronically. In doing so, you expressly or implicitly consent to receiving electronic communications from the Company, including, without limitation, electronic mail or (if you created a User Account) communications directly through the Platform. You agree that all such communications satisfy any local, state, federal, or international legal requirement that such communications be in writing. The Company will retain records of electronic communications between you and the Company for at least one (1) calendar month from the date of the applicable communication. To request copies of any electronic communications, please contact the Company by following the applicable contact prompt on the Platform.

6. Intellectual Property License

The Company alone (and its licensors, where applicable) owns all Intellectual Property Rights in and to any Service(s) now, in the past, or in the future listed on the Platform, as well as any suggestions, ideas, enhancement requests, feedback, recommendations, or other information associated with such Services. The Company and/or Platform name and logo are trademarks of the Company or third parties, and no right or license is granted to use them.

Subject to the foregoing, the Company grants you a limited, revocable license to access and make personal use of the Platform and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of the Company. The Platform, or any portion of it, may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of the Company without the express written consent of the Company. You may not use META tags or any other “hidden text” which utilizes the Platform or any other derivative of its domain without the express written consent of the Company. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Platform so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

7. Fair Use

a) Fair Use Act Disclaimer. Some information contained on the Platform serves educational and informational purposes.

b) Fair Use Copyright Disclaimer. Under Section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.

c) Fair Use Definition. Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as commentary, criticism, news reporting, research, teaching, or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

d) Disclaimer and Fair Use Statement. The Platform may contain copyrighted material, the use of which may not have been specifically authorized by the copyright owner. Some material is made available to expand qualified understanding of tactical items in a military setting. Some material contained on the Platform is distributed for research and educational and informational purposes and for the public good.

8. Limited Warranty

a) Limited Warranty. Subject to the provisions of this section, the Company warrants that the Platform will perform substantially as described in any Company-issued materials that accompany the Platform. This limited warranty does not cover:

i) Damages, defects, malfunctions, or failures caused by any unauthorized modification of the Platform source code by you, your agents, or third parties unaffiliated with the Company;

ii) Any abuse, misuse, or negligent acts by you or your agents; or

iii) Modification by you or your agents of any interfaces or any software or hardware interfacing with the Platform

b) Disclaimer of Other Warranties.

THE PLATFORM, SERVICES, AND RELATED INFORMATION ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE DECISION AND RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM, ITS SERVERS, OR EMAILS SENT THEREFROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

THE COMPANY MAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE PLATFORM. HOWEVER, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM. IN THE EVENT THAT A SERVICE IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, THE COMPANY SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY PURCHASES FOR THE SERVICE WITH INCORRECTLY LISTED INFORMATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THE EVENT THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Governing Law and Disputes

a) Governing Law. These Terms (including all attached and incorporated documents), and all matters arising out of or relating to the aforementioned documents, whether sounding in contract, tort, statute, or otherwise, are governed by, and construed in accordance with the laws of the State of Colorado (including its statutes of limitations and choice of law statutes), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.

b) Arbitrition.

IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND THE COMPANY THAT IS NOT AMICABLY RESOLVED FROM YOUR USE OF THE PLATFORM, YOU AND THE COMPANY SHALL PROCEED TO BINDING ARBITRATION BEFORE ONE (1) ARBITRATOR OF JAMS. IN THE EVENT YOU AND THE COMPANY FAIL TO AGREE ON THE IDENTITY OF THE ARBITRATOR, THE ARBITRATOR SHALL BE ASSIGNED BY JAMS. ANY ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH JAMS’ COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, THE SEAT OF ARBITRATION SHALL BE COLORADO SPRINGS, COLORADO (THOUGH ANY PARTY MAY ATTEND REMOTELY), AND ARBITRATION SHALL SOLELY BE CONDUCTED IN ENGLISH.

c) Dispute Related Expenses. You and the Company shall each bear their own dispute-related expenses, and attorneys’ fees may not be awarded by the arbitrator to either party unless the arbitrator determines the other party to have acted in bad faith by commencing such a dispute.

d) Jury Trial Waiver.

TO THE FULL EXTENT PERMITTED BY LAW, YOU AND THE COMPANY HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY ON THE ISSUE TO ENFORCE ANY TERM OR CONDITION OF THESE TERMS.

e) Class-Action Waiver.

ANY PROCEEDINGS TO RESOLVE ANY DISPUTE ARISING FROM THE PROVISIONS OF THESE TERMS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

f) Consequential Damages.

THE COMPANY SHALL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY FOR:

i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES;

ii) LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL; OR

iii) UNAVAILABILITY OF THE PLATFORM, SOFTWARE, SUPPORT SERVICES, OR PROFESSIONAL SERVICES,

EVEN IF THE COMPANY HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.

g) Limitation of Damages.

THE COMPANY’S AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN RELATION TO THESE TERMS SHALL BE LIMITED TO THE LESSER OF ACTUAL DIRECT DAMAGES OR THE ACTUAL FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) CALENDAR MONTH PERIOD PRIOR TO ANY INCIDENT OR CLAIM UNDER WHICH OR IN RELATION TO WHICH THE LIABILITY ARISES.

10. Miscellaneous

a) Notices. The Company may provide any notice to you under these Terms by sending an email to the most recent email address the Company has on file. Notices the Company provides by email shall be deemed effective when your email server receives such notice or, in the event the server is not functioning for any reason, the date and time when the Company’s server sends the email. It is your responsibility to keep your email address up to date.

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and addressed to the Company as set forth in this section. All notices shall be delivered by internationally recognized overnight courier (with all fees prepaid). Except as otherwise provided in these Terms, a notice is effective only if the Company has received the notice and you have complied with the requirements of this section. Notice is deemed received at the date and time the Company receives such notice from the courier at the following address:

BDMR LLC
1001 Cook Street
Denver, Colorado 80206

All communications and notices made or given to the Company pursuant to these Terms shall be in the English language.

b) Force Majeure. In no event shall the Company be responsible or liable to you or any third party for any failure or delay in the performance of its obligations arising out of these Terms caused by, directly or indirectly, forces beyond its control, including, without limitation: natural disasters; uncontrollable malicious acts of third parties (such as hacking or theft of equipment); strikes or work stoppages; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes or acts of God; epidemics, pandemics, and other health-related disasters or events; utility interruptions; local, state, or national government acts (including mandates or actions concerning a matter of public health, weather, or natural hazard); delays or conflicts with shippers, logistics providers, or brokers; or malfunctions of utilities, communications, or computer (software and hardware) services, including as a result of hacking, spyware, malware, ransomware, frontrunning, denial-of-service, and phishing attacks.

c) Severability. In the event any term or provision of these Terms is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

d) Terms Effective. These Terms become effective when you access the Platform and remain in effect as long as you maintain a User Account, utilize any Service(s), or otherwise access the Platform, whichever occurs later.

e) Third-Party Links Linked third-party websites are not under the control of the Company, and the Company shall not be responsible for the contents of any linked website or any link contained in a linked website. The Platform provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by the Company of such a linked website.

f) Local Compliance Given the global nature of the Internet, you agree to comply (or seek counsel regarding compliance) with all local rules of your jurisdiction(s), including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement.

g) Amendment of Terms. The Company may, at its sole and exclusive discretion, periodically or spontaneously update these Terms. In the event such an update is issued, the Company may communicate such update to you via email sent to your most recent email address on file with your User Account. In no event, however, shall the validity of such an update depend on your notification by the Company.

h) Contact. For any questions related to these Terms of Service, please contact the Company by following the applicable contact prompt on the Platform.

i) Other Company Policies. These Terms operate simultaneously, and in conjunction with, the TrueZero Privacy Policy. Please visit the Platform to review this policy before creating a User Account or utilizing any Service(s).

j) Effective Date These Terms of Service shall be effective as of June 12, 2024. This date may be updated as these Terms are amended.

BDMR LLC 2024