We (the folks at DevExtreme Software) run the FriendOrFoe.us website and would love for you to use it. Access to the FriendOrFoe.us website is free. Our service is designed to give you information relating to businesses that support or deny your right to carry a firearm as part of your daily routine.
You are able to publish reviews of businesses that show up in the Google Places directory. These reviews are made publicly available, so be responsible in what you publish. In particular, make sure that your review does not contain language that could be construed as libel or serious threats of violence. Remember to to be good ambassadors for the gun-owning community in what you share.
Terms of Service:
The following terms and conditions (“Terms”) govern all use of the FriendOrFoe.us website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by DevExtreme Software (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by DevExtreme Software, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a FriendOrFoe.us account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Responsibility of Contributors.
If you post material to FriendOrFoe.us, post links on FriendOrFoe.us, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using FriendOrFoe.us, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to DevExtreme Software for inclusion on the FriendOrFoe.us website, you grant DevExtreme Software a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Content on the FriendOrFoe.us website. If you delete Content, DevExtreme Software will use reasonable efforts to remove it from FriendOrFoe.us, but you acknowledge that caching or references to the Content may not be made immediately unavailable. DevExtreme Software has the right (though not the obligation) to, in DevExtreme Software’s sole discretion, (i) refuse or remove any content that, in DevExtreme Software’s reasonable opinion, violates any DevExtreme Software policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of FriendOrFoe.us to any individual or entity for any reason. DevExtreme Software will have no obligation to provide a refund of any amounts previously paid.
2. Responsibility of Visitors.
We have not reviewed, and cannot review, all of the material (such as computer software, items for sale, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 9 below to submit copyright complaints) and other proprietary rights, of third parties. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FriendOrFoe.us links, and that link to FriendOrFoe.us. DevExtreme Software does not have any control over those non-FriendOrFoe.us websites, and is not responsible for their contents or their use. By linking to a non-FriendOrFoe.us website, DevExtreme Software does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DevExtreme Software disclaims any responsibility for any harm resulting from your use of non-FriendOrFoe.us websites and webpages.
4. Copyright Infringement and DMCA Policy.
As DevExtreme Software asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FriendOrFoe.us violates your copyright, you are encouraged to notify DevExtreme Software in accordance with DevExtreme Software’s Digital Millennium Copyright Act (“DMCA”) Policy. DevExtreme Software will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DevExtreme Software will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DevExtreme Software or others. In the case of such termination, DevExtreme Software will have no obligation to provide a refund of any amounts previously paid to DevExtreme Software.
5. Intellectual Property.
This Agreement does not transfer from DevExtreme Software to you any DevExtreme Software or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with DevExtreme Software. DevExtreme Software, FriendOrFoe FriendOrFoe.us, the FriendOrFoe.us logo, and all other trademarks, service marks, graphics and logos used in connection with FriendOrFoe.us or our Services, are trademarks or registered trademarks of DevExtreme Software or DevExtreme Software’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any DevExtreme Software or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on the FriendOrFoe.us website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
DevExtreme Software may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FriendOrFoe.us account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Our Services are provided “as is.” DevExtreme Software and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DevExtreme Software nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Henrico County, Virginia.
10. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with a Mediation Service provider of DevExtreme Software’s choice. The arbitration shall take place in Henrico, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
11. Limitation of Liability.
In no event will DevExtreme Software, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DevExtreme Software under this Agreement during the twelve (12) month period prior to the cause of action. DevExtreme Software shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
13. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and DevExtreme Software reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless DevExtreme Software, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post, through usage of the FriendoOrFoe.us site.
This Agreement constitutes the entire agreement between DevExtreme Software and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DevExtreme Software, or by the posting by DevExtreme Software of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DevExtreme Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.