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CaliberControl — Terms of Use for End Users

Effective Date: [EFFECTIVE DATE]

These Terms of Use ("Terms") govern your access to and use of the CaliberControl platform ("Platform") operated by Max Dev Contracting LLC, a Utah S-Corporation ("CaliberControl," "we," "us," or "our"). By creating an account, making a booking, or otherwise using the Platform, you agree to these Terms.

Please read these Terms carefully. They contain important information about your rights and obligations, including a limitation of liability and a dispute resolution clause.

1. About CaliberControl

1.1. CaliberControl is a technology platform that enables shooting range operators ("Range Operators") to manage their facilities, accept reservations, process payments, and collect digital waivers. CaliberControl is a software provider — we do not own, operate, or manage any shooting range.

1.2. When you use the Platform to book a lane, sign a waiver, or interact with a Range Operator, your relationship is with that Range Operator, not with CaliberControl. We facilitate the connection but are not a party to the transaction between you and the Range Operator.

2. Eligibility and Age Requirements

2.1. You must be at least eighteen (18) years of age to create an account on the Platform.

2.2. If you are under eighteen (18), you may only use the Platform with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf.

2.3. Individual Range Operators may impose additional age restrictions for their facilities. It is your responsibility to verify and comply with any such requirements before booking.

2.4. By using the Platform, you represent that you meet the applicable age requirements and have the legal capacity to enter into these Terms.

3. Account Creation and Use

3.1. To use certain features of the Platform, you may need to create an account. You agree to provide accurate, current, and complete information during registration.

3.2. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3.3. You agree to notify us immediately at support@calibercontrol.com if you believe your account has been compromised.

3.4. We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms.

4. Bookings and Reservations

4.1. Booking Through the Platform. The Platform allows you to browse available time slots and book lanes at participating Range Operators. When you complete a booking, you are entering into an arrangement with the Range Operator, not with CaliberControl.

4.2. Cancellation and Refund Policies. Cancellation and refund policies are set by each individual Range Operator. CaliberControl does not control these policies. Before completing a booking, review the applicable Range Operator's cancellation policy. Any disputes regarding cancellations or refunds should be directed to the Range Operator.

4.3. Payments. Payments for bookings are processed through Stripe on behalf of the Range Operator. By completing a payment, you authorize the charge to your selected payment method. CaliberControl does not store your full credit card information; payment data is handled by Stripe in accordance with its terms and privacy policy.

4.4. No-Shows. Range Operators may enforce no-show policies, including forfeiture of fees. Such policies are determined by the Range Operator and are not within CaliberControl's control.

5. Digital Waivers

5.1. Waiver Requirement. Range Operators may require you to sign a digital waiver before your visit. The content, terms, and legal enforceability of any waiver are determined solely by the Range Operator.

5.2. CaliberControl's Role. CaliberControl provides the technology for digital waiver collection and storage on behalf of Range Operators. We do not draft, review, or endorse the content of any waiver.

5.3. Location Data. When you sign a digital waiver through the Platform, we may collect your approximate location data to verify the signing location. This data is collected only at the time of signing and is used solely for waiver verification purposes.

5.4. Review Before Signing. You are responsible for reading and understanding any waiver before signing. By signing a digital waiver, you acknowledge that you have read, understood, and agree to its terms.

6. User Conduct

6.1. You agree to use the Platform only for lawful purposes and in compliance with these Terms. You agree not to:

  1. Provide false or misleading information in your account or bookings;
  2. Use the Platform to harass, abuse, or threaten any person;
  3. Attempt to gain unauthorized access to the Platform, other user accounts, or any related systems;
  4. Use the Platform to transmit viruses, malware, or other harmful code;
  5. Interfere with or disrupt the operation of the Platform;
  6. Use automated scripts, bots, or scrapers to access the Platform without our written permission; or
  7. Use the Platform in any manner that violates any applicable law or regulation.

7. Disclaimers and Limitation of Liability

7.1. Platform Disclaimer. CALIBERCONTROL IS A TECHNOLOGY PLATFORM. WE DO NOT OWN, OPERATE, OR MANAGE ANY SHOOTING RANGE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, POLICIES, OR PRACTICES OF ANY RANGE OPERATOR.

7.2. Range Safety. CALIBERCONTROL DOES NOT INSPECT, SUPERVISE, OR CONTROL RANGE OPERATIONS, SAFETY PRACTICES, EQUIPMENT, OR FACILITIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SAFETY, QUALITY, OR LEGALITY OF ANY RANGE OPERATOR'S SERVICES.

7.3. Assumption of Risk. Shooting sports involve inherent risks, including serious injury or death. By using the Platform to book range time, you acknowledge that you understand and voluntarily assume all risks associated with visiting and using a shooting range.

7.4. No Warranty. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.5. Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CALIBERCONTROL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, OR LOSS OF PROFITS.

7.6. Cap on Liability. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US (NOT TO A RANGE OPERATOR) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

7.7. Basis of the Bargain. You acknowledge that CaliberControl has set its fees and entered into these Terms in reliance upon the limitations of liability and disclaimers set forth herein, and that the same form an essential basis of the bargain between the parties.

8. Indemnification

8.1. You agree to indemnify, defend, and hold harmless CaliberControl and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  1. Your use of the Platform;
  2. Your violation of these Terms;
  3. Your interaction with any Range Operator; or
  4. Your violation of any applicable law or the rights of any third party.

9. Dispute Resolution

9.1. Informal Resolution. Before filing a formal claim, you agree to contact us at support@calibercontrol.com and attempt to resolve the dispute informally for at least thirty (30) days.

9.2. Disputes with Range Operators. Any dispute regarding a booking, refund, waiver, or range experience is between you and the Range Operator. CaliberControl is not a party to such disputes and has no obligation to mediate or resolve them.

9.3. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.

9.4. Jurisdiction. For any disputes between you and CaliberControl that cannot be resolved informally, you agree to submit to the personal jurisdiction of the state and federal courts located in Salt Lake County, Utah.

9.5. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

10. Changes to These Terms

10.1. We may update these Terms from time to time. When we make material changes, we will update the "Effective Date" at the top and, where practicable, notify you via email or through the Platform.

10.2. Your continued use of the Platform after updated Terms take effect constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Platform and delete your account.

11. Termination

11.1. You may close your account at any time by contacting us at support@calibercontrol.com.

11.2. We may suspend or terminate your account at our discretion, with or without cause, and with or without notice.

11.3. Upon termination, your right to use the Platform ceases immediately. Sections 7, 8, 9, and 12 survive termination.

12. Miscellaneous

12.1. Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and CaliberControl regarding your use of the Platform.

12.2. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

12.3. Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

12.4. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

12.5. Third-Party Services. The Platform may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party services.

13. Contact Information

If you have questions about these Terms, please contact us:

Max Dev Contracting LLC
Email: support@calibercontrol.com
Website: https://calibercontrol.com