Terms of Use
Last Updated: September 16, 2024
1. Acceptance of Terms
By accessing or using the Site, you affirm that you are at least 18 years old or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into and comply with these Terms.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after the posting of changes constitutes your acceptance of such changes. Please review these Terms periodically for updates.
3. Use of the Site
3.1 License
Loaded grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its content for personal, non-commercial purposes, subject to these Terms.
3.2 User Conduct
You agree not to use the Site in any manner that:
- Violates any applicable laws or regulations
- Infringes the rights of others
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
- Introduces viruses, malware, or other harmful code
- Attempts to gain unauthorized access to any portion of the Site or its systems
4. User Accounts
4.1 Registration
To access certain features of the Site, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password confidential and secure
4.2 Account Responsibility
You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5. Intellectual Property Rights
5.1 Ownership
All content on the Site, including text, graphics, images, logos, audio, video, software, and other materials (collectively, “Content”), is the property of Loaded or its licensors and is protected by intellectual property laws.
5.2 Restrictions
You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content without our prior written consent
- Use any data mining, robots, or similar data gathering and extraction tools on the Site
- Remove or alter any copyright, trademark, or other proprietary notices
6. User Content
6.1 Submissions
By submitting any content (e.g., comments, feedback, reviews) to the Site (“User Content”), you grant Loaded a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform such User Content in connection with the Site and our business.
6.2 Responsibility
You are solely responsible for your User Content. You represent and warrant that:
- You own or have the necessary rights to submit the User Content
- The User Content does not violate these Terms or any applicable laws
7. Prohibited Activities
You agree not to:
- Use the Site for any illegal or unauthorized purpose
- Interfere with or disrupt the Site or servers
- Circumvent or disable any security features of the Site
- Engage in any activity that could damage, disable, or impair the Site’s functionality
8. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by Loaded. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. You access third-party sites at your own risk.
9. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOADED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10. Limitation of Liability
IN NO EVENT SHALL LOADED, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
11. Indemnification
You agree to indemnify, defend, and hold harmless Loaded and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your use of the Site
- Your violation of these Terms
- Your violation of any rights of another party
12. Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
13. Dispute Resolution
13.1 Arbitration
Any disputes arising out of or relating to these Terms or the Site shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Harris County, Texas.
13.2 Exceptions
Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction.
14. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to the Site, without notice or liability, for any reason, including but not limited to your breach of these Terms.
15. Miscellaneous
15.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.2 Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Loaded regarding your use of the Site.
15.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Loaded’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Loaded Inc.
2261 Northpark Dr. Suite 204
Kingwood, TX 77339
Email: [email protected]
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
