Restricted Sales Policy/FFL Disclaimer

Last Updated: 03/29/2023.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR
OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER,
CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal
agreement between you and Shotgun Performance, LLC (hereinafter “Shotgun
Performance“), a company duly organized and validly existing, located in the
State of Nebraska. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (www.Shotgunperformance.com) is operated by Shotgun Performance.
Throughout the Site, the terms “we“, “us” and “our lt;” refer to Shotgun
Performance. Shotgun Performance offers this Site, including all information,
tools and services available from this Site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms apply to all users
of the Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event of an
inconsistency between this Agreement and any additional terms or policies
referenced herein, the provisions of the additional terms or policies shall control.

Please read these Terms carefully before accessing or using our Site. By
accessing or using any part of the Site, you agree to be bound by these Terms. If
you do not agree to all the Terms of this Agreement, then you may not access
the Site or use any Service. If these Terms are considered an offer, acceptance
is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be
subject to the Terms. You can review the most current version of the Terms at
any time on this page. We reserve the right to update, change or replace any part
of these Terms by posting updates and/or changes to our Site. It is your
responsibility to check this page periodically for changes. Your continued use of
or access to the Site following the posting of any changes constitutes acceptance
of those changes.
GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority
in your state or province of residence and you have given us your consent to
allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor
may you, in the use of our products or Site, violate any laws in your jurisdiction
(including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination
of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in
our sole discretion at any time and for any reason without giving you any prior
notice:

1. Restrict, suspend or terminate your access to all or any part of our
Site;
2. Change, suspend or discontinue all or any part of our products or
Site;
3. Refuse, move, or remove any content that is available on all or any
part of our Site;

4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of
these actions.
You understand and agree that our Site may include communications such as
service announcements and administrative or legal notices from us. Please note
that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Site, use of the Site, or access to the Site or any contact on the Site, without
express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the content,
in whole or in part, found on the Site. Shotgun Performance content is not for
resale. Use of the Site does not entitle users to make any unauthorized use of
any protected content, and in particular you will not delete or alter any proprietary
rights or attribution notices in any content. You will use protected content solely
for your personal use and will make no other use of the content without the
express written permission of Shotgun Performance and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property
of Shotgun Performance or our licensors except as expressly authorized by
these Terms.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy. We have made every
effort to display as accurately as possible the colors and images of our products
that appear at the store. We cannot guarantee that your computer monitor’s
display of any color will be accurate. We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any time
without notice, at the sole discretion of us. We reserve the right to discontinue
any product at any time. Any offer for any product or service made on this site is
void where prohibited. We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Shotgun
Performance Site. The terms “member,” “membership,” and “account” all refer to
this registration as a member on Shotgun Performance’s Site. If you are merely
surfing or browsing through the Site and have not yet created an account, your
use of the Site is still subject to this Agreement; if you do not agree to this
Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We
will also ask you to create a password. Because any activities that occur under
your username or password are your responsibility it is important for you to keep
your username and/or password secure. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that
Shotgun Performance is not responsible for third party access to your account
that results from theft or misappropriation of your account. Notify us immediately
if you believe that someone has used your username, email, or password without
your authorization.

Furthermore, the registering party hereby acknowledges, understands and
agrees to:

1. furnish factual, correct, current and complete information with
regards to yourself as may be requested by the data registration
process, and
2. maintain and promptly update your registration and profile
information in an effort to maintain accuracy and completeness at all
times.

If anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, Shotgun Performance LLC will have sufficient grounds and
rights to suspend or terminate the member in violation of this aspect of the
Agreement, and as such refuse any and all current or future use of Shotgun
Performance LLC Services, or any portion thereof.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree
that all information, text, software, data, photographs, music, video, messages,
tags or any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any
and all content posted, uploaded, emailed, transmitted or otherwise made
available by way of Shotgun Performance Services, and as such, we do not
guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors or omissions in any content posted, and/or
any loss or damage of any kind incurred as a result of the use of any content
posted, emailed, transmitted or otherwise made available by Shotgun
Performance.
Furthermore, you herein agree not to make use of Shotgun Peformance’s
Services for the purpose of:

1. uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another’s privacy or which is
hateful, and/or racially, ethnically, or otherwise objectionable;
2. causing harm to minors in any manner whatsoever;

3. impersonating any individual or entity, including, but not limited to,
any Shotgun Performance officials, forum leaders, guides or hosts or
falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
4. forging captions, headings or titles or otherwise offering any content
that you personally have no right to pursuant to any law nor having
any contractual or fiduciary relationship with;
5. uploading, posting, emailing, transmitting or otherwise offering any
such content that may infringe upon any patent, copyright,
trademark, or any other proprietary or intellectual rights of any other
party;
6. uploading, posting, emailing, transmitting or otherwise offering any
content that you do not personally have any right to offer pursuant to
any law or in accordance with any contractual or fiduciary
relationship;
7. uploading, posting, emailing, transmitting, or otherwise offering any
unsolicited or unauthorized advertising, promotional flyers, “junk
mail,” “spam,” or any other form of solicitation, except in any such
areas that may have been designated for such purpose;
8. uploading, posting, emailing, transmitting, or otherwise offering any
source that may contain a software virus or other computer code,
any files and/or programs which have been designed to interfere,
destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
9. disrupting the normal flow of communication, or otherwise acting in
any manner that would negatively affect other users’ ability to
participate in any real time interactions;
10. interfering with or disrupting any Shotgun Performance LLC
Services, servers and/or networks that may be connected or related
to our website, including, but not limited to, the use of any device
software and/or routine to bypass the robot exclusion headers;
11. intentionally or unintentionally violating any local, state,
federal, national or international law, including, but not limited to,
rules, guidelines, and/or regulations decreed by the U.S. Securities
and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the
New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law;
12. providing informational support or resources, concealing
and/or disguising the character, location, and or source to any
organization delegated by the United States government as a
“foreign terrorist organization” in accordance to Section 219 of the
Immigration Nationality Act;

13. “stalking” or with the intent to otherwise harass another
individual; and/or
14. collecting or storing of any personal data relating to any other
member or user in connection with the prohibited conduct and/or
activities which have been set forth in the aforementioned
paragraphs.

Shotgun Performance LLC herein reserves the right to pre-screen, refuse and/or
delete any content currently available through our Services. In addition, we
reserve the right to remove and/or delete any such content that would violate the
Terms or which would otherwise be considered offensive to other visitors, users
and/or members.
Shotgun Performance LLC herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so by
law or in good faith belief that any such action is deemed reasonably necessary
for:

1. compliance with any legal process;
2. enforcement of the Terms;
3. responding to any claim that therein contained content is in violation
of the rights of any third party;
4. responding to requests for customer service; or
5. protecting the rights, property or the personal safety of Shotgun
Performance LLC, its visitors, users and members, including the
general public.

Shotgun Performance LLC herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and
that such use of information and/or material is subject to usage guidelines and
regulations established by Shotgun Performance LLC or any other content
providers supplying content services to Shotgun Performance LLC. You are
hereby prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials supplied by
our Services, despite whether done so in whole or in part, is expressly prohibited.
GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you
hereby agree to comply with all local rules relating to online conduct and that
which is considered acceptable content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use of

our network, you thus agree to comply with all applicable export and import laws,
statutes and regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States
(http://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and
pledge that you:

1. are not on the list of prohibited individuals which may be identified
on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm
) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import
laws and regulations;
2. agree not to transfer any software, technology or any other technical
data through the use of our network Services to any export-
prohibited country;
3. agree not to use our website network Services for any military,
nuclear, missile, chemical or biological weaponry end uses that
would be a violation of the U.S. export laws; and
4. agree not to post, transfer nor upload any software, technology or
any other technical data which would be in violation of the U.S. or
other applicable export and/or import laws.

SUBMITTED CONTENT
Shotgun Performance LLC shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for
inclusion on our website Services. Therefore, you hereby grant and allow for
Shotgun Performance LLC the below listed worldwide, royalty-free and non-
exclusive licenses, as applicable:

1. The content submitted or made available for inclusion on the publicly
accessible areas of Shotgun Performance LLC’s Sites, the license
provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the
specific area to which this content was placed and/or made available
for viewing. This license shall be available so long as you are a
member of Shotgun Performance LLC’s sites, and shall terminate at
such time when you elect to discontinue your membership.
2. Photos, audio, video and/or graphics submitted or made available
for inclusion on the publicly accessible areas of Shotgun
Performance LLC’s sites, the license provided to permit to use,

distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole
purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license
shall be available so long as you are a member of Shotgun
Performance LLC’s sites and shall terminate at such time when you
elect to discontinue your membership.
3. For any other content submitted or made available for inclusion on
the publicly accessible areas of Shotgun Performance LLC’s sites,
the continuous, binding and completely sub-licensable license which
is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said
content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium
current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Shotgun
Performance LLC’s Sites are those such areas of our network properties which
are meant to be available to the general public, and which would include
message boards and groups that are openly available to both users and
members. However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant
messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Shotgun Performance LLC may provide an area for our user and members to
contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals (“Contributions“) to our site, you acknowledge
and agree that:
a) your contributions do not contain any type of confidential or proprietary
information;
b ) Shotgun Performance shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) Shotgun Performance shall be entitled to make use of and/or disclose any
such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of
Shotgun Performance; and
e) Shotgun Performance  is under no obligation to either compensate or provide
any form of reimbursement in any manner or nature.

INDEMNITY
All users and/or members agree to insure and hold Shotgun Performance LLC,
our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors
blameless or not liable for any claim or demand, which may include, but is not
limited to, reasonable attorney fees made by any third party which may arise
from any content a member or user of our Site may submit, post, modify, transmit
or otherwise make available through our Services, the use of Shotgun
Performance Services or your connection with these Services, your violations of
the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell,
resell nor exploit for any commercial reason any part, use of, or access to
Shotgun Performance’s sites.
MODIFICATIONS
Shotgun Performance LLC reserves the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our service,
or any part thereof, with or without prior notice. In addition, we shall not be held
liable to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.shotgunperformance.com , you may cancel or terminate
your account, associated email address and/or access to our Services by
submitting a cancellation or termination request to
Info@shotgunperformance.com.
As a member, you agree that Shotgun Performance LLC may, without any prior
written notice, immediately suspend, terminate, discontinue and/or limit your
account, any email associated with your account, and access to any of our
Services. The cause for such termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited to:

1. any breach or violation of our Terms or any other incorporated
agreement, regulation and/or guideline;

2. by way of requests from law enforcement or any other governmental
agencies;
3. the discontinuance, alteration and/or material modification to our
Services, or any part thereof;
4. unexpected technical or security issues and/or problems;
5. any extended periods of inactivity;
6. any engagement by you in any fraudulent or illegal activities; and/or
7. the nonpayment of any associated fees that may be owed by you in
connection with your www.shotgunperformance.com account
Services.

Furthermore, you herein agree that any and all terminations, suspensions,
discontinuances, and or limitations of access for cause shall be made at our sole
discretion and that we shall not be liable to you or any other third party with
regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with www.shotgunperformance.com shall include
any and/or all of the following:

1. the removal of any access to all or part of the Services offered within
www.shotgunperformance.com;
2. the deletion of your password and any and all related information,
files, and any such content that may be associated with or inside
your account, or any part thereof; and
3. the barring of any further use of all or part of our Services.

LINKS
Either Shotgun Performance LLC or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not
responsible for the availability of any such external sites or resources, and as
such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third-party
sites or resources. Furthermore, you acknowledge and agree that Shotgun
Performance LLC shall not be responsible or liable, directly or indirectly, for any
such damage or loss which may be a result of, caused or allegedly to be caused
by or in connection with the use of or the reliance on any such content, goods or
Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Shotgun Performance’s Services
and any essential software that may be used in connection with our Services

(“Software”) shall contain proprietary and confidential material that is protected
by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Shotgun Performance LLC or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are
based on Shotgun Performance LLC Service’s (e.g. Content or Software), in
whole or part.
Shotgun Performance LLC hereby grants you a personal, non-transferable and
non-exclusive right and/or license to make use of the object code or our Software
on a single computer, as long as you do not, and shall not, allow any third party
to duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not to
alter or change the Software in any manner, nature or form, and as such, not to
use any modified  versions  of the  Software, including and without limitation, for
the purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Shotgun Performance LLC for
use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. a) THE USE OF SHOTGUN PERFORMANCE LLC SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES
AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR
“AS AVAILABLE” BASIS.  SHOTGUN PERFORMANCE  AND  
OUR   SUBSIDIARIES,   AFFILIATES,   OFFICERS,  
EMPLOYEES,   AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED  OR  IMPLIED,  INCLUDING,  BUT 
NOT  LIMITED  TO  ANY  IMPLIED  WARRANTIES  OF  TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b ) SHOTGUN PERFORMANCE LLC AND OUR SUBSIDIARIES,

OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SHOTGUN
PERFORMANCE LLC SERVICES OR SOFTWARE WILL MEET
YOUR REQUIREMENTS; (ii) SHOTGUN PERFORMANCELLC LLC
SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS
WHICH MAY BE OBTAINED  FROM  THE  USE  OF  THE
SHOTGUNPERFROMANCE LLC SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY
YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
2. ANY  INFORMATION  OR  MATERIAL DOWNLOADED  OR 
OTHERWISE  OBTAINED  BY  WAY  OF  SHOTGUN
PERFORMANCE LLC SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND
AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS  AND  CAUSES  OF 
ACTION  WITH  RESPECT  TO  ANY  DAMAGE  TO  YOUR 
COMPUTER  AND/OR INTERNET ACCESS,  DOWNLOADING
AND/OR  DISPLAYING,  OR  FOR ANY  LOSS  OF  DATA THAT 
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM
SHOTGUN PERFORMANCE LLC OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
4. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE
SOME DEGREE OF EPILEPTIC SEIZURE WHEN  EXPOSED  TO 
CERTAIN  LIGHT  PATTERNS  OR  BACKGROUNDS  THAT  MAY 
BE  CONTAINED  ON A COMPUTER SCREEN OR WHILE USING
OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED
EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD
YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE
AN  EPILEPTIC  CONDITION,  PLEASE  CONSULT  A 
PHYSICIAN  IF  YOU  EXPERIENCE  ANY  OF  THE FOLLOWING
SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF

AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY
YOU  EXPLICITLY ACKNOWLEDGE,  UNDERSTAND AND AGREE  THAT 
SHOTGUN PERFORMANCE LLC  AND  OUR SUBSIDIARIES,  AFFILIATES, 
OFFICERS,  EMPLOYEES,  AGENTS,  PARTNERS  AND  LICENSORS 
SHALL  NOT  BE LIABLE  TO  YOU  FOR  ANY  PUNITIVE,  INDIRECT, 
INCIDENTAL,  SPECIAL,  CONSEQUENTIAL  OR  EXEMPLARY DAMAGES, 
INCLUDING,  BUT  NOT  LIMITED  TO,  DAMAGES  WHICH  MAY  BE 
RELATED  TO  THE  LOSS  OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE
BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:

1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND
SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON
OUR SERVICE;
5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR
SERVICE.
RELEASE
In the event you have a dispute, you agree to release Shotgun Performance LLC
(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-
branders, partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or
in any way connected to such dispute.
NOTICE
Shotgun Performance LLC may furnish you with notices, including those with
regards to any changes to the Terms, including but not limited to email, regular
mail, MMS or SMS, text messaging, postings on our website Services, or other
reasonable means currently known or any which may be herein after developed.

Any such notices may not be received if you violate any aspects of the Terms by
accessing our Services in an unauthorized manner. Your acceptance of this
Agreement constitutes your agreement that you are deemed to have received
any and all notices that would have been delivered had you accessed our
Services in an authorized manner.
INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Shotgun
Performance LLC trademarks, copyright, trade name, service marks, and other
Shotgun Performance LLC logos and any brand features, and/or product and
service names are trademarks and as such, are and shall remain the property of
Shotgun Performance LLC. You herein agree not to display and/or use in any
manner the logo or marks without obtaining Shotgun Performance LLC ’s prior
written consent.
Shotgun Performance LLC will always respect the intellectual property of others,
and we ask that all of our users do the same. With regards to appropriate
circumstances and at its sole discretion, Shotgun Performance LLC may disable
and/or terminate the accounts of any user who violates our Terms and/or
infringes the rights of others. If you feel that your work has been duplicated in
such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to
us the following information:

1. The electronic or the physical signature of the individual that is
authorized on behalf of the owner of the copyright or other
intellectual property interest;
2. A description of the copyrighted work or other intellectual property
that you believe has been infringed upon;
3. A description of the location of the site which you allege has been
infringing upon your work;
4. Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of
your work is not authorized by the copyright owner, its agents or the
law;
6. And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate,
and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.

The Shotgun Performance LLC agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
Shotgun Performance LLC
Attn: Copyright Agent
7500 Panama RD
Hickman, NE 68372
Email: info@shotgunperformance.com
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Shotgun
Performance LLC and shall govern the use of our Services, superseding any
prior version of this Agreement between you and us with respect to Shotgun
Performance LLC Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other Shotgun
Performance LLC Services, affiliate Services, third-party content or third-party
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Shotgun Performance LLC with
regard to the Agreement that the relationship between the parties shall be
governed by the laws of the state of Nebraska without regard to its conflict of law
provisions and that any and all claims, causes of action and/or disputes, arising
out of or relating to the Agreement, or the relationship between you and Shotgun
Performance LLC , shall be filed within the courts having jurisdiction within the
County of Lancaster, Nebraska or the U.S. District Court located in said state.
You and Shotgun Performance LLC agree to submit to the jurisdiction of the
courts as previously mentioned, and agree to waive any and all objections to the
exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Shotgun Performance LLC fail to exercise or enforce any
right or provision of the Agreement, such failure shall not constitute a waiver of
such right or provision. If any provision of this Agreement is found by a court of

competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force and
effect.
NO RIGHT OF SURVIVORSHIP NON-
TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable
and any rights to your ID and/or contents within your account shall terminate
upon your death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to
the contrary, any claim or action arising out of or related to the use of our
Services or the Agreement must be filed within 1 year(s) after said claim or cause
of action arose or shall be forever barred.
CONTACT
To contact Shotgun Performance or to report any violations of this Agreement
mail us at the address below.
Mailing Address:
Shotgun Performance LLC
7500 Panama RD
Hickman, NE 68372
Email: info@shotgunperformance.com
FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Shotgun Performance from
our offices within the USA. If you access the Site from a location outside the
USA, you are responsible for compliance with all local laws. You agree that you
will not use Shotgun Performance’s content accessed through the Site in any

country or in any manner prohibited by any applicable laws, restrictions or
regulations.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or omissions, and to change
or update information or cancel orders if any information on the Site or on any
related Site is inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or
on any related Site, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied on the Site or on any
related Site, should be taken to indicate that all information on the Site or on any
related Site has been modified or updated.
PRIVACY POLICY
Every member’s registration data and various other personal information are
strictly protected by the Shotgun Performance LLC Online Privacy Policy (see the
full Privacy Policy at www.shotgunperformance.com.) As a member, you herein
consent to the collection and use of the information provided, including the
transfer of information within the United States and/or other countries for storage,
processing or use by Shotgun Performance LLC and/or our subsidiaries and
affiliates.