Terms and Conditions

Please read these Terms and Conditions (“Terms and Conditions”) completely and carefully before using the SocalPaintballing.com website (the “Site”). These Terms and Conditions are an electronic contract that set out legally binding terms governing your use of the Site, the software provided on the Site (the “Software”), and your subscription to the services provided on the Site (the “Services”). By using the Site, you agree to be bound by the Terms and Conditions, as may be amended from time to time, for any reason and without notice to you. If you do not agree with any of these Terms and Conditions, please do not use this Site.

Use of the Site.

This Site has been developed, and will continue to be operated and developed, by SynergyMX, Inc. and its subsidiaries, affiliates, successors, and assigns (collectively, the “Company”). By subscribing to the Site, the Company grants you a non-exclusive, non-transferable license to use the Services and Software provided on the Site, and to view the images, data, or information contained on the Site for internal, personal use only, in accordance with these Terms and Conditions and any license agreement governing Software made available on the Site.
You may not rent, disclose, publish, sell, assign, lease, market, display, perform, reproduce, copy, distribute, modify, sublicense, transfer, alter, create derivative works, compilations, improvements, or enhancements, or otherwise exploit the images, data, information, Services, or Software provided or contained on the Site, except for any data or information that you post on, or obtain from, the Site in connection with your use of the Services and Software. You acknowledge that by your use of the Site you will not have any ownership rights, including any intellectual property rights, in or to the Site, Services, Software, images, data, or information contained on the Site, except for any data or information that you upload, store on, or receive from, the Site in connection with your use of the Services and Software on the Site.

Data. You acknowledge that any data or information that you upload, post, provide, add to, or store on the Site (the “Data”) is done at the permission and discretion of the Company, and the Company may withdraw such permission, or otherwise delete or remove such Data, and terminate your rights to post or store any Data on the Site, in connection with its termination of your subscription to use the Site.

If your subscription to the Site will expire or terminate, you agree to download all Data that you place on the Site prior to the expiration or termination of your subscription period. In the event you require the assistance of the Company in retrieving your Data from the Site, you agree to request such assistance at least thirty (30) days in advance of the expiration or termination of your subscription to the Site. You acknowledge that you will have no right to retrieve your Data from the Site following the expiration or termination of your subscription to the Site, and the Company may, without providing any notice to you, delete and expunge your Data from the Site following the expiration or termination of your subscription to the Site.

Charges and Billing Information. You will be responsible for paying all subscription fees owed by you in connection with your use of the Site, Services, and Software. If the Company does not receive payment from your credit card provider, you agree to pay the Company that amounts owed by you by cashier’s check issued by a bank or financial institution acceptable to the Company. By subscribing to the Site, you authorize the Company to charge your credit card in the amount of the subscription fee applicable to the subscription plan you have chosen. You must provide current, complete, and accurate information for your billing account, and you must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the Company if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide the Company with any of the foregoing information, you agree that the Company may continue charging you for any use of the Site, Services, and Software under your billing account unless you have terminated your subscription to the Site (confirmed by you in writing upon request by the Company).
Automatic Renewal of Subscription. Your subscription will be automatically renewed and extended for successive renewal periods of the same duration as the subscription term that you originally selected at the then-current, non-promotional subscription rate. You authorize the Company to charge you for the cost of such renewal periods without any requirement to obtain further authorization or provide notice to you of such renewal charges. You must cancel your membership before it renews to avoid incurring renewal charges. If you cancel your subscription services, you will be permitted to use the Site, Services, and Software until the end of your then-current subscription term. However, you will not be eligible for a refund of any portion of the subscription fees paid for the then-current subscription period.
Third-Party Links. You acknowledge that this Site may contain links to third-party websites. The presence of these links is not an endorsement of any product, services, or information available from these sources. The Company disclaims any and all responsibility for the information which is accessible through any third-party websites, and assumes no liability associated therewith. You acknowledge that the usage of such third-party websites may be governed by terms and conditions that are different from these Terms and Conditions.
Responsibility for Use of Site. You agree that you are responsible for your own conduct and content while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper, and in accordance with these Terms and Conditions. By way of example, and not as a limitation, you agree that when using the Site, you will not:
1. Use the Site in any manner that violates any federal, state, or local law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
2. Upload, post, e-mail, transmit, download, store, distribute, or make available any copyrighted material, patents, trademarks, trade secrets, or other proprietary rights or confidential information if you do not have the right to do so;
3. Remove any copyright, trademark, or other proprietary rights notices contained in or on the Site;
4. Upload, post, email, transmit, download, or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
5. Upload, post, email, transmit, or otherwise make available any information or data that falsely expresses or implies that such content is sponsored or endorsed by the Company;
6. Upload, store, download, or transmit any viruses, Trojan Horses, worms, time bombs, or other computer programming routines or data that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
7. Defame, abuse, harass, stalk, threaten, promote the physical harm or injury, or otherwise violate the legal rights (such as privacy and publicity) of others or advocate violence against or hostility toward people or groups based on their race, religion, national origin, sexual orientation, gender, or disability;
8. Impersonate another person or entity, or falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material;
9. Create user accounts by automated means or under false or fraudulent pretenses;
10. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about users for any unauthorized purpose;
11. Share your account with individuals or entities that are not affiliated with you;
12. Prevent others from lawfully using the Site;
13. Attempt to access any portion of the Site to which you have not received express permission to access;
14. Interfere with or disrupt the use of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
15. Using the Software or Services on the Site in any manner that may create liability for the Company or cause the Company to lose (in whole or in part) the services of its advertisers, service providers, or suppliers;
16. Copy, reverse engineer, decompile, disassemble, translate, modify, or make derivatives works of any data, information, imagery, Services, or Software provided on the Site.
Blocking of IP Addresses. In order to protect the integrity of the Site, Services, and Software, the Company reserves the right at any time in its sole discretion to block users from certain internet protocol addresses from accessing the Site.
Disclaimers; Limitation on Liability; Release; Indemnity.

THE SITE, THE SOFTWARE, THE SERVICES, AND THE IMAGES, DATA, AND INFORMATION CONTAINED ON THE SITE, ARE BEING MADE AVAILABLE TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE, SERVICES, OR SOFTWARE. THE COMPANY DOES NOT WARRANT THAT THE SITE, SERVICES, OR SOFTWARE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE, AND YOU UNDERSTAND AND AGREE THAT THE SITE, SERVICES, AND SOFTWARE ARE BEING MADE AVAILABLE TO YOU ON AN “AS-IS, “AS-AVAILABLE”, “WITH ALL FAULTS” BASIS, WITH NO WARRANTIES WHATSOEVER. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF SERVICES, ACCURACY OF THE DATA, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY RESPONSIBILITY AND WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, SERVICES, OR SOFTWARE, THE ACCURACY AND INTEGRITY OF THE DATA AND INFORMATION CONTAINED ON THE SITE, AND THE SITE, SERVICES, AND SOFTWARE BEING FREE OF TECHNICAL MALFUNCTIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE TO BEAR ANY AND ALL RISKS ARISING FROM YOUR USE OF THE SITE, SERVICES, AND SOFTWARE, AND THE COMPANY DOES NOT GUARANTEE OR WARRANT ANY RESULTS, OUTCOMES, PROFITABILITY, LEVEL OF USAGE, OR IMPRESSIONS AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR SOFTWARE PROVIDED ON THE SITE. YOU ACKNOWLEDGE THAT YOUR USAGE OF THE SITE IS ON A NON-EXCLUSIVE BASIS, AND OTHER USERS (INCLUDING, WITHOUT LIMITATION, YOUR COMPETITORS) MAY ALSO USE THE SITE, SERVICES, AND SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE, SERVICES, AND SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE, SERVICES, OR SOFTWARE. YOU BEAR ENTIRE RISK, AND HEREBY FULLY AND IRREVOCABLY RELEASE THE COMPANY, IN CONNECTION WITH ANY DAMAGES, LOSSES, OR CLAIMS FROM YOUR USE OF THE SITE, SERVICES, AND SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR ANY DATA THAT YOU UPLOAD TO, STORE ON, OR DOWNLOAD FROM THE SITE AND ARE SOLELY RESPONSIBLE FOR ANY AND ALL NECESSARY ACTIONS REQUIRED TO BACK-UP THE DATA THAT YOU UPLOAD ONTO THE SITE. YOU ACKNOWLEDGE THAT THE COMPANY DISCLAIMS ALL REPRESENTATIONS THAT THE SITE, SERVICES, AND SOFTWARE WILL MEET YOUR NEEDS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU REPRESENT AND WARRANT THAT: (A) ANY DATA OR INFORMATION YOU UPLOAD TO THE SITE IS WHOLLY YOUR OWN ORIGINAL WORK OR THE WORK OF OTHERS FROM WHOM YOU HAVE RECEIVED THE RIGHT OR AUTHORITY TO UPLOAD TO, OR PUBLICLY DISPLAY ON, THE SITE; (B) YOUR DATA AND INFORMATION DOES NOT AND WILL NOT INFRINGE ON ANY THIRD PARTY’S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY, OR MORAL RIGHTS; AND (C) YOUR DATA AND INFORMATION DOES NOT AND WILL NOT VIOLATE ANY LAW, STATUTE, ORDINANCE, OR REGULATION.
NEITHER THE COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR, AND YOU EXPRESSLY RELEASE THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, AND EMPLOYEES FROM, ANY AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, AND SOFTWARE OR ANY DATA OR INFORMATION CONTAINED HEREIN, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT, OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN THE EVENT THE COMPANY IS DETERMINED TO BE LIABLE TO YOU FOR ANY REASON WHATSOEVER, YOU AGREE THAT THE COMPANY’S ENTIRE LIABILITY HEREUNDER SHALL BE NO GREATER THAN THE AMOUNT THAT YOU PAID TO USE THIS SITE FOR THE CALENDAR MONTH IN WHICH SUCH LIABILITY FIRST AROSE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING FROM YOUR USE OF THE SITE OR THESE TERMS OR CONDITIONS MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR WILL BE FOREVER BARRED.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, RELATED ENTITIES, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS, OR OTHER AFFILIATES FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND CLAIMS OF FALSE, MISLEADING, OR UNFAIR ADVERTISING OR UNFAIR COMPETITION, RESULTING OR ARISING FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, THE SOFTWARE, ANY DATA OR INFORMATION, OR LOSS OF DATA THAT YOU UPLOAD TO, STORE ON, VIEWED ON, OR DOWNLOAD FROM THE SITE, AND/OR YOUR BREACH OR ALLEGED BREACH OF ANY OBLIGATION, CONDITION, OR THESE TERMS AND CONDITIONS, INCLUDING ANY CLAIMS FROM ANY THIRD PARTY FOR INFRINGEMENT. YOU AGREE THAT THE COMPANY SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM THROUGH COUNSEL OF ITS OWN CHOOSING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 8 MAY NOT APPLY TO YOU.

Intellectual Property. You acknowledge that the Company owns all rights, title and interest, including without limitation all Intellectual Property Rights (defined below), in and to the Site, Services, and the Software and all other names, logos, characters, and images (collectively, “Marks”) on the Site. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide.
Miscellaneous.

Termination. The Company may limit or terminate your rights to access and/or use the Site, Services, and Software at any time following any violation, breach, or default by you, or any user of your account, of your obligations under these Terms and Conditions or any other agreement between you and the Company; provided, however, that the provisions of Sections 1.2, 2, 3, 4, 5, 6, 7, 8, 9, and 10, and all of the Company’s rights and remedies that it may have against you, will survive such termination. Following such termination, you agree to no longer directly or indirectly access, attempt to access, or use the Site, or any of the data or information contained herein.
Intellectual Property Violations. The unauthorized reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes infringement of the copyright owners rights. You acknowledge that we will terminate your account if you repeatedly infringe on the copyrights, or other intellectual property rights, of the Company or others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
Assignment. You may not transfer, assign, or delegate any right or obligation under these Terms and Conditions. You acknowledge that the Company may transfer, sell, or assign any of this Site or the Software or the Services without any requirement to provide notice to you or to obtain your consent.
Amendment. These Terms and Conditions may be amended, modified, altered, or revised by the Company, in its sole discretion, by posting an amended, modified, altered, or revised version of these Terms and Conditions on this Site. The Company is not obligated to provide notice to you of such amendments.
Governing Law. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. Any action or proceeding related to the subject matter of these Terms and Conditions shall be venued in Los Angeles, California. You hereby agree to submit to personal jurisdiction in the federal and state courts located in Los Angeles, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Severability. In the event any provision (or part of any provision) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions (or part thereof) shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
Waiver. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by the Company.
Entire Agreement. The provisions of the Terms and Conditions, any Privacy Policy contained on the Site, and any other agreement governing the terms of your usage of this Site represent the entire agreement between you and the Company. The Terms and Conditions shall supersede any prior agreements or understanding not incorporated herein.
Force Majeure. The Company shall not lose any rights hereunder or be liable to you for damages or losses (except for payment obligations) on account of failure of performance, if the failure is occasioned by war, strike, fire, act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, terrorism, or any other reason where failure to perform is beyond the reasonable control.
Further Assurances. You agree to cooperate with the Company and to execute and deliver, or cause to be executed and delivered, all such other agreements, instruments and documents, and to take all such other actions, as may be reasonably requested of you from time to time in order to effectuate the provisions and purposes of these Terms and Conditions.
No Third-Party Beneficiary Rights. These Terms and Conditions are entered into for the sole and exclusive benefit of the Company and you. No other parties are intended to be direct or indirect beneficiaries of these Terms and Conditions, nor shall any third parties have any right in or under these Terms or Conditions or any term or provision set forth herein.
Notice and Cure. Upon the occurrence of a breach or default by the Company of any of its obligations to you, whether at law or set forth herein, and as a precondition of your exercising any remedy against the Company for such breach or default, you agree to provide a reasonably-detailed, written notice describing the breach or default to the Company (“Default Notice”). Upon receipt of the Default Notice, the Company shall have ninety (90) days to cure the said breach or default; provided, however, that if such default is not capable of cure within such ninety (90) day period, then no breach or default shall be deemed to have occurred by reason of such failure so long as the Company commences and prosecutes such cure to completion (“Cure Period”).
Mediation; Arbitration. Following the expiration of the applicable Cure Period, any dispute, claim, or controversy (“Dispute”) arising out of or related to these Terms and Conditions, and any other written agreements (including any job posting or advertising agreement) between you and the Company, shall be resolved in accordance with the following procedures: (i) the party bringing or sponsoring the Dispute shall provide written notice of the Dispute to the other party; (ii) for a period of sixty (60) days thereafter, the parties shall negotiate in good faith in an effort to resolve the Dispute, without the assistance of a mediator; and (iii) if the Dispute remains unresolved after sixty (60) days, the Dispute will be finally settled by binding arbitration pursuant to the provisions of California Code of Civil Procedure Section 1280, et seq. (“Arbitration Rules”), by a single arbitrator appointed in accordance with the Arbitration Rules and with all hearings being held in Los Angeles County, California. Judgment on an award rendered by an arbitrator may be entered in any court in Los Angeles County, California. Notwithstanding anything contained herein to the contrary, any action for breach of these Terms and Conditions must be initiated within six (6) months from the date the aggrieved party first knows, or reasonably should have known, of such breach, or such breach shall be deemed to be waived.
Attorneys Fees. In the event of any Dispute arising out of these Terms and Conditions, or any other written agreements between you and the Company, the prevailing party shall recover, in addition to any other damages assessed, its reasonable attorneys’ fees and costs incurred in litigating, arbitrating, or otherwise settling or resolving such dispute regardless of whether an action is brought or prosecuted to judgment.
Authority. You represent and warrant that you have the full right and power to enter into and perform your obligations under these Terms and Conditions and any other written agreements that you have entered into with the Company, and have secured all third party consents necessary to enter into these Terms and Conditions. These representations and warranties shall survive any termination of your usage of the Site. You agree to indemnify and hold the Company harmless from any and all damages and costs, including reasonable attorneys’ fees, arising out of or related to your breach of the representations and warranties described herein. You agree to execute and deliver documents to the Company, upon the Company’s reasonable request, that evidence or effectuate the Company’s rights under these Terms and Conditions. You acknowledge and agree that you have read and understood these Terms and Conditions and agree to be bound hereby.
Copyright Notices. The Company responds to notices of alleged infringement in compliance with the Digital Millennium Copyright Act. For more information, please review the Company’s Copyright and Intellectual Property Policy contained on the Site.
Privacy Policy. The collection and use of personal information on the Site is governed by these Terms and Conditions and the Company’s Privacy Policy, which may be found on the Site. You agree that the Company may access, preserve, and disclose your personal information and the contents of your account as set forth in the Company’s Privacy Policy, including if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of the Company. Personal information collected by the Company may be stored and processed in the United States or any other country in which the Company or its agents maintain facilities. By your use of this Site, you consent to any such transfer of information outside of your country. You acknowledge and agree that notwithstanding the fact that you may have disabled, terminated, or suspended your account or usage of the Site, the Company may have stored, and is hereby permitted to continue to store, your personal information and the contents of your account in its caches, back-up servers, and other archives.
Notices. Any notices to the Company required or permitted hereunder shall be in writing and sent by reputable overnight delivery service to SynergyMX, Inc.,1336 N. Moorpark Rd #163, Thousand Oaks, CA 91360. Notices shall be deemed delivered on the date received.
No Professional Services. Nothing contained herein or on the Site does or is intended to constitute professional advice, including but not limited to, the tracking and comparison of metrics.