Suppressor Direct Dealers Terms and Conditions

Introduction

Thank you for subscribing to Suppressor Direct, a product suite that enables your retail store locations to capture and complete sales of suppressors.

1. You set up a computer device at one of your retail locations where you have subscribed to the Product as identified on an Order Form.
2. You connect the computer device to a fingerprint scanning device by USB so that a Terminal is established.
3. A Member enters your retail location and they use their cellular device to scan a QR code.
4. After the QR code scanning, the Member will be directed to input various information into their cellular device and to also submit a picture of themselves. Once that information input by the Member is fully completed, an appointment for the Member will be generated.
5. The Member then uses the Terminal to scan their fingerprint.
6. To the extent that the Member does not utilize the QR code through their cellular device, your User located at the retail location may instead enter all Member related information and upload their photo at the Terminal and then assist the Member in using the Terminal to scan their fingerprint.
7. Subject to your set up and functionality and whether or not you have the physical suppressor in your inventory, it is at times possible for your User to then enter the ID of the suppressor that that the Member is desiring to purchase.
   • The user can select a silencer from Silencer Central’s inventory for dropship by using the dealers.silencercentral.com portal and choosing the silencer.
   • The user must enter basic customer information on the order and click checkout.
   • Upon checkout, the location’s credit card would be charged and the order would be submitted to Silencer Central to start the dropship process.
8. Once all necessary information is accurately inputted into the Terminal or Member cellular device and Members photo and fingerprint are also obtained and the suppressor ID is inputted or scanned, we will submit the Members Form 4 application to the ATF.
9. To the extent that the ATF approves the Members Form 4 application, we will inform the Member of such approval, inform the Member that we are shipping the purchased suppressor to the member and then we will ship the purchased suppressor directly to the Member.

These Terms of Use (“Terms of Use”) set forth the legally binding terms and conditions that govern i) your access and use of the Product and the related Services and Transactions identified on the Order Form signed by you and us, (ii) your subscription for the Product and your access to the Services and Transactions; and (iii) all web pages, features, functionality, applications, content, and other products and services made available by us on or through the Website. Capitalized terms used in these Terms of Use shall have the meanings defined in the text of these Terms of Use or if not defined therein, as defined in Section II below. These Terms of Use are between BMaddox Enterprises LLC d/b/a Silencer Central, with its principal place of business located at 4901 N 4th Ave, Sioux Falls, SD 57104 (hereinafter “SC” or “us” or

“our” or “we”) and the entity listed as the customer on the order form (hereinafter “Customer” or “you” or “your”).

• Privacy Policy; Additional Terms. These Terms of Use include the terms and conditions set forth herein as well as our Privacy Policy, located at https://www.silencercentral.com/privacy-terms/, and incorporated into these Terms of Use by this reference. Certain areas of the Website and service offerings provided through the Website may be subject to additional terms and conditions posted by us on the Website or otherwise made available by us to you. Your access to and use of the Website, Products and Services is conditioned upon your acceptance of such additional terms and conditions, which are hereby incorporated by reference into these Terms of Use.
• Changes to these Terms of Use. We reserve the right to amend these Terms of Use from time to time. Any amendments shall be effective when posted by us on the Website or otherwise made available to you. Your access of and/or use of the Website, Products, Services or Transactions after we have modified these Terms of Use shall signify your acceptance of the amended terms. It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes.
• Your Consent and Agreement to these Terms of Use. Please read these Terms of Use carefully. These Terms of Use set forth legally binding terms and conditions. Once you execute your Order Form you accept and agree to these Terms of Use. In those situations where an Order Form is not executed, then your access of the Website or your click of the digital acknowledgment confirms that you accept and agree to these Terms of Use. In accepting these Terms of Use, you’re agreeing that: (i) you have the right, authority, and capacity to agree to these Terms of Use and satisfy your obligations hereunder; and (ii) you agree to be bound by them. Contingent on your compliance with these Terms of Use, we will grant you the rights described herein and as stated on your Order Form. Note that any future release, update, or addition to the Website, Products, Services or Transactions will also be subject to these (or the then-current) Terms of Use.

Definitions

“Beta Services” means products, services, solutions and applications that may be made available to you to try at your option at no additional fees which are clearly designated as beta, test, limited release, evaluation software or a similar description.

“Cookies” refer to small files, containing text or a string of characters, which identify the user of a website and are sent by the website to the user’s device for recordkeeping purposes.

“Effective Date” means the Subscription Term Start Date as identified on the Order Form.

“Member” refers to an individual who you give access to enter information at a Terminal located in one of your Locations.

“Member Database” refers to the online collection of Member Profiles that is maintained on the Website. We reserve the right to host the Member Database on a third parties system.

“Member Profile(s)” refers to the Personal Information that you and/or a Member provides and/or inputs into or at the Terminal.

“Personal Information” refers to the information collected from Members via the Website and/or Terminal. This information may include, but is not limited to: name, title, address, phone number, citizenship, social security number and email address. We reserve the right to host the Website on a third parties system.

“Product” refers to Dealers By Silencer Central product suite.

“Services” refers to the services identified on the applicable Order Form.

“Subscription Term” refers to the time you are provided access to the Product as identified on the Order Form.

“Terminal” shall mean the finger print scanning device that is connected to a computer terminal.

“User(s)” refers to an employee or agent of yours that you provided access to the Website.

“Technology” refers to the Website, and its entire contents, features and functionality, including but not limited to, the Dealer By Silencer Central Portal, Member Database, all intellectual property related to the Product and Services and all other information, software, hardware, databases, data, digital newsletters, magazines, guides and articles, underlying information, text, displays, user interfaces, images, video and audio, and the design, selection and arrangement thereof.

Use of the Product and Website

1. Registration. You agree that all information you submit to us is accurate and truthful. To the extent that you fully comply with these Terms of Use, we grant you a revocable, non-transferable, non-exclusive license during the Subscription Term to access our Product and Website and receive our Services, subject to any caps or limitations identified on the Order Form. Under these Terms of Use, you agree that:
   • You will comply with and be bound by these Terms of Use and Privacy Policy;
   • Any Personal Information submitted by you, your Users or Members is accurate, complete and truthful;
   • We may, but are not obligated to, verify any information or data that you, Users or Members provide;
   • We can store and make available Member information and Member Profiles to our customer service team and of our partners and vendors involved in providing the Product, Website, Services or Transactions;
   • You will promptly after the Effective Date submit a completed Set Up Form provided by SC (similar in form to Attachment 1, attached hereto); and
   • We can contact you, Users and Members via e-mail or otherwise, regarding Transaction updates or for any reason related to you or Users or Members use of the Product and Website and Services.
2. Account Credentials. You are solely responsible in all respects for all use of Product, Website and Services and for protecting the confidentiality of your password(s) (or to the extent added, your Users unique passwords. You agree to notify us immediately of any unauthorized use or disclosure of your or Users password or other credentials and any other suspected breach of security regarding the Product or Website. If you discover or believe that your Account has been accessed or used without your authorization, please immediately contact us at 855-412-4404. We are not liable for and you hereby release SC and its affiliates from any liability for any loss or damage arising from the unauthorized access or use of your or Users password and credentials.
3. Equipment. You are responsible for procuring from us all Terminals you require to utilize the Product and gain access to the Website or Services and for having all the equipment necessary to do so, even if that means you incur fees from a third party (such as an Internet Service Provider), including telephone, equipment, airtime, or Internet Service Provider charges.

Use of the Services

1. If you are in compliance with these Terms of Use, we then grant you a revocable, non-transferrable and non-exclusive license to use our Services during the Term.
2. Member Data.
   • You may have the ability to upload, manage and store Member Data on and through our Product and Website. You acknowledge and agree that we shall have the right to use, store and disclose such Member Data if in accordance with these Terms of Use and the Privacy Policy and to satisfy our obligations hereunder or under the applicable Order Form. For purposes of clarification, and notwithstanding anything contained herein to the contrary, “Member Data” shall not include any data previously obtained or owned by SC, or independently developed by SC without the use of any such data provided or uploaded by you or the Member.
   • You hereby grant to SC a non-exclusive, fully paid, perpetual, world-wide and irrevocable license to use, store and process the Member Data, to compile, combine, enhance or incorporate such Member Data with or into other similar data and information available, derived or obtained from other SC databases, clients, customers, licensees or users of the Product and Website (collectively, such compiled, combined, enhanced or incorporated data and information shall be referred to as "Aggregated Data”) and to satisfy our obligations hereunder. SC will be the owner of all right, title and interest in and to Aggregated Data. Your grant of the license to copy, aggregate, process, use and display Member Data shall survive the expiration or termination of these Terms of Use.
   • In connection with the grant of the license described above, you acknowledge and agree that by using our Product, Website or Services to upload, manage and store Member Data, you hereby grant to SC any and all consent and authority that may be required therefor, including, without limitation all express consent by the subject of such Member Data. In furtherance of the foregoing, you hereby represent and warrant to us that you have obtained all necessary permissions and consents from the subject of the Member Data to (i) upload, store and manage his or her data on the Product and Website; (ii) grant SC a license to use, store and disclose his or her Member Data in accordance with these Terms of Use, the Privacy Policy and any other additional terms and conditions posted by us on the Website; and (iii) allow SC to contact or otherwise communicate with him or her in accordance with these Terms of Use, the Privacy Policy and any other additional terms and conditions posted by us on the Website. If you do not have the appropriate consents or permissions from the individual subjects of your Member Data, you should not upload or store any such Member Data with, through or on the Product or Website.
   • In addition to any other indemnification obligations contained in these Terms of Use, you agree to defend, indemnify and hold harmless SC, its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, attorneys, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (i) any claim by an individual subject of your Member Data related to, arising out of or associated with your use, storage and management of his or her Member Data on the Product or Website (ii) any claim by an individual subject of your Member Data related to, arising out of or associated with our storage, maintenance and use of such subject’s Member Data; and (iii) your violation of the representations and warranties made with respect to the consents and permissions associated with the Member Data.
3. Beta Services. From time to time, we may make Beta Services available to you at no charge. You may choose to try such Beta Services or not in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Beta Services are not considered “Product” or “Services” under these Terms of Use, however, all restrictions, our reservation of rights and your obligations concerning the Product and Services, and use of the Website, shall apply to your use of Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of termination by SC or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. If you have supplied, stored, uploaded or managed any Personal Information or Member Data on the Product or Website in connection with any such Beta Services, upon termination of the Beta Service offering you will have the right to request such data and information in accordance with Section XIII B of these Terms of Use.

Limitation of Our Products, Services and Website

SC does not identify or choose any Members or offer access to any Members to the Terminal(s). You are responsible for compliance with all applicable laws in connection with any engagement of Members and any contract or other relationship you establish with a Member.

You understand that neither SC nor the Product verifies the qualifications of Members, except as otherwise provided in these Terms of Use, nor do we evaluate or control in any ongoing manner exchanges between you and any Members. We have no control over and assume no responsibility for the conduct, whether online or offline, of users of the Product or the Website. We are not responsible for the content or conduct of Members or Users of the Product or Website or Terminals, and shall have no liability for any actions or inaction taken in connection therewith. We make no representations or warranties, express or implied, as to the content submitted by Users or Members and shall have no obligation to modify or remove inaccurate or inappropriate content.

The Products, Services, Transactions and Website operate on or with or using application programming interfaces (APIs) and/or other products or services operated or provided by third parties (collectively “Third Party Services”). You acknowledge and agree that SC is not responsible for the access or operation of any Third Party Services nor the availability or operation of the Products, Services, Transactions or Website to the extent such availability and operation is dependent upon Third Party Services. SC does not make any representations or warranties with respect to Third Party Services or any third party providers as any such Third Party Services are provided as-is. Certain Third Party Services may require you to agree to certain additional terms and conditions and you accept and acknowledge that you may be required to sign a click through or similar or similar agreement to be provided access or the use of any of the Products, Services, Transactions or Website.

Verification

By registering a Member Profile, you authorize SC, and acknowledge that for purposes of promoting the safety and integrity of SC and its Products, Website and Services, SC reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your representations and warranties made herein or any Member Data inputted are true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from state or national criminal databases, law enforcement reports, and other data.

You agree that SC may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your or any User or Member, should it determine that any violation of any provision of these Terms of Use has occurred.

You also hereby represent, understand and expressly agree that SC does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.

BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW SC TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE AND CONFIRM THAT NO FURTHER CONSENT FROM YOU OR A MEMBER IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

You expressly acknowledge that SC has no obligation to perform Verification Checks.

Prohibited Activity

You are only entitled to use the Product, Website and Services for lawful purposes and in accordance with these Terms of Use, the Privacy Policy, and all applicable laws and regulations.

Except as expressly provided in these Terms of Use, you agree to not, and to not allow any third party, including your Users, to:

• Access or attempt to access the Technology by any means other than through the Product user interface;
• Attempt to circumvent or overcome any protection measures intended to restrict access to any portion of the Product, Website or Technology;
• Monitor the availability, performance, or functionality of the Technology;
• Use the Technology for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• Use the Technology in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or in any manner that could damage, disable, overburden, or impair it;
• Use the Technology to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
• Use the Technology to impersonate or attempt to impersonate SC, a SC employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• Use the Technology to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Product or Website, or which, as determined by us, may harm SC or users of the Product or Website or expose them to liability;
• Interfere with the operation or hosting of the Product, Website, Member Database, or Technology, including but not limited to violating or attempting to violate any security feature, place malware or similar harmful code into the Product, Website, Member Database or Technology, or link to websites or other applications that contain malware or similar harmful code;
• Overload, overwhelm, or carry out a denial-of-service attack on, or otherwise prohibit the proper function of, the Product, Website, Member Database or Technology;
• Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, submitting to the Product or Website a virus, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, overloading the Website, or “flooding,” “spamming,” “mail bombing,” or “crashing” the Website;
• Introduce software, automated agents, or scripts to the Product, Website, Member Database or Technology so as to produce multiple accounts; generate automated searches, requests, or queries; or access, collect, intercept, strip, scrape, or mine information or data from, or in transit to or from, the Website, including any software that reads areas of RAM or streams of network traffic, unless specifically authorized by SC;
• Systematically retrieve data or other information from the Product, Website or Member Database to create or compile a collection, compilation, database, or directory, whether by manual methods, web robots, or otherwise, unless specifically authorized by SC;
• Use reverse looking-up, tracing or seeking to trace any information on any other user of or visitor to the Website or any other customer of SC or exploit the Website or information made available or offered by or through the Website, in any manner in which the purpose is to reveal or misuse any information, including but not limited, to Personal Information, other than your own information, as provided by the Website.
• License, sublicense, sell, rent, convey, pledge as security, lend, loan, lease, transfer, assign, reproduce, or distribute to a third party the Product, Website, Member Database, Technology, or your rights to either, or otherwise encumber the rights and licenses granted hereunder;
• Copy, record, republish, download, display, post, save, disclose, modify, store, co-brand, alter, or transmit in any form or by any means any part of the Product, Website, Member Database, or Technology, or create compilations or derivative works of the Product, Website or Technology or any part thereof;
• Dissemble, decompile, reverse-compile, translate, adapt, reverse-engineer, or otherwise attempt to derive any part of the Product, Website or Technology or its method of operation;
• Access the Product, Website, Member Database or Technology in order to build similar or competitive websites, platforms, or services; or
• Use, display, mirror, or frame any part of the Product, Website, Member Database or Technology, including archives, layout, design, or proprietary information contained therein or on any related webpage or form without our express written consent.
• Generate, facilitate or send, via email, phone or other means, messages to Members or other Users in an excessive (as determined in SC’s sole discretion) or harassing manner, or to such users who have asked not to be contacted.

Intellectual Property and Proprietary Rights

Technology

The Technology and all elements of the Products, Website and Services is owned by SC and its licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you breach of these Terms of Use, we reserve the right to immediately suspend or terminate your right to access or use the Website and the Products and Services and Transactions. If we terminate or suspend, you must immediately discontinue all attempts to access or use the Products, Website and Services, and if we terminated, at our option, you agree to return or destroy any copies of any materials related to our Technology that you have made. No right, title or interest in or to the Website, Products, Services, Transactions or Technology or any content on the Website, Products, Services or Transactions is transferred to you, and all rights not expressly granted are reserved by SC. Any use of the Website, Products, Services or Transactions not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The SC name, and all related names, logos, product and service names, designs and slogans are trademarks of SC or its affiliates. In addition, the names of other companies and products mentioned on the Website or in any of the Products or Services and/or third party trade names and logos displayed on the Website may be the trademarks of their respective owners. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any SC trademark or third party trademarks displayed on the Website, Products or Services

without the written permission of SC or such third party that may own or holds the right, title and interest in other trademarks displayed on the Website or included in the Products or Services.

Copyright Policy

SC respects the copyrights of third parties. You may not use the Website or the Products to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate the Accounts of users who infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent.

Use Outside the Borders of the United States

Although SC requires your Users and Members to be located within the United States of America, our Website and Member Database can be accessed worldwide and may contain references to information that extend beyond the United States’ territorial boundaries. We make no representation that materials on the Website or the Products are appropriate or available for use in locations outside the United States.

Using our Website and Products or Services in locations outside the United States may not be appropriate given foreign laws and regulations. If you use our Website or Products or Services outside of the United States, you are responsible for complying with those foreign laws and regulations. We reserve the right to limit the availability of the Website and Products and Services to any person, entity, geographic area, or jurisdiction we so desires at any time in our sole discretion.

Links from the Website

The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. These links include links contained in advertisements, including banner advertisements and sponsored links. The use of links to third party websites does not constitute or imply any affiliation with any of the third party websites or the owners thereof, and we do not endorse any such websites. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Interruption of Our Products, Website and Services

We try to improve the quality of the Websites experience. To that end, we reserve the right to interrupt, modify, suspend, discontinue, or add to our Website, Products and Services without notice. We hope, of course, that these interruptions are minimal, but, by consenting to these Terms of Use, you agree that SC won’t be liable to you or to any third party for the interruption, modification, suspension, discontinuance, or addition to our Website, Products or Services.

Reliance on Information Posted

The information and data inputted in or through the Terminals and Website is solely made by you, your Users and members and we have no control over such inputs. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any such information or data submitted by you or your Users or Members or any other visitor to the Website or the Terminals.

The Website and Products and Services may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

1. Fees and Payment. You shall pay SC fees for the Products and Services and Transactions and Terminals as set forth in each Order Form (the “Fee(s)”). Unless otherwise specified in an Order Form, all Fees shall be invoiced annually in advance and all invoices issued under each Order Form are payable in U.S. dollars within thirty (30) days from date of invoice. Past due invoices are subject to interest on any outstanding balance of the lesser of 1.5% per month or the maximum amount permitted by law. You shall be responsible for all taxes associated with Products, Services, Transactions and Equipment, and SC will charge taxes when required to do so. Other than in connection with SC’s non-timely cured breach of this Agreement or the Order Form, all Fees paid are non-refundable and are not subject to set-off. If you exceed any usage or other limitations set forth on an Order Form, then SC shall invoice you for such additional usage. 

Term and Termination

• The Term of these Terms of Use shall begin on the Effective Date and continue for the Subscription Term, unless earlier terminated as provided in these Terms of Use or as identified on the Order Form (the “Initial Term”).  After the expiration of the Initial Term, these Terms of Use and the Order Form shall automatically renew for periods of one additional year (each a “Renewal Term”) unless either party provides written notice of its intent not to permit the autorenewal to occur at least 60 (sixty) days prior to the start of the applicable Renewal Term.  The Initial Term and any Renewal Terms are hereinafter collectively referred to as the “Term”.  SC reserves the right to increase the prices identified on the Order Form by up to 10% on each Renewal Term. 
• Termination by Us. We reserve the right to terminate your use of the Website, Products, Services or Transactions at any time, with or without prior notice to you, if you violate any provision of these Terms of Use or the applicable Order Form or use the Website, Products or Services in a manner for which it is not intended to be used.  These Terms of Use will survive and remain in effect even after such termination.
• Termination By You.  You may terminate your subscription to the Product upon written notice to us if we have breached these Terms of Use and you provide us with written notice of such breach within 30 days of its occurrence and we fail to cure such breach within 45 days of receipt of your written notice.  If you properly terminate under the prior sentence, we will refund you the amount that you prepayed for Products (not including any equipment that you purchased as that is owned by you) that address the period of time occurring after the effective date of the termination.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, ACCESS AND USE OF OUR WEBSITE AND THE PRODUCTS, SERVICES AND TRANSACTIONS IS AT YOUR OWN RISK, AND IT IS OFFERED ON AN “AS–IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE THAT RESULTS FROM THE USE OF THE WEBSITE, PRODUCTS AND SERVICES AND TRANSACTIONS AND/OR DOWNLOADING OF MATERIAL THROUGH OUR WEBSITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SC DISCLAIMS AND MAKES NO, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS, FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

SC AND OUR SUPPLIERS OR LICENSORS DO NOT WARRANT THAT THE WEBSITE OR THE PRODUCTS, SERVICES OR TRANSACTIONS WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR NEEDS, OR OPERATE UNINTERRUPTED, TIMELY, SECURELY, OR WITHOUT ERROR. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE, PRODUCTS OR TRANSACITONS WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, SAFE, OR FREE OF MALWARE OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS IN THE WEBSITE PRODUCTS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR EMPLOYEES, LICRENSORS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS OF USE.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL SC, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR AGENTS, BE LIABLE TO YOU OR ANY OF YOUR USERS FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, PRODUCTS, SERVICES OR TRANSACITONS, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF EVEN IF SC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SC AND ITS LICENSORS ARE NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF ANY THIRD PARTY. WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR WEBSITE, PRODUCTS OR SERVICES OR TRANSACTIONS.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR THE PRODUCTS. SERVICES OR TRANSACTIONS OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, PRODUCTS, SERVICES AND TRANSACTIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO (IF SUCH A MINIMUM EXISTS).

Indemnity

You agree to indemnify, defend, and hold harmless, to the fullest extent allowed by law, SC and its owners, officers, licensors, contractors, assigns, successors in interest, directors, employees, agents, operators, and affiliates in regards to any and all claims, allegations, demands, damages, obligations, losses, liabilities, costs, debts, disbursements, and expenses – including settlement amounts and attorneys’ fees – arising out of or resulting from your use of the Website, Products, Services or Transactions; the Personal Information you place in the Member Database and any claimed damage it may have caused to a third party; your violation of these Terms of Use; your breach of any representations, warranties, or covenants set forth herein; your violation of any rights of a third party, including privacy rights and, without limitation, any trademark, copyright, patent, trade secret, or other intellectual property or proprietary rights; or your violation of any Applicable Laws or regulations. You further agree not to settle any such matter without our prior written consent. We reserve the right, at your expense, to assume the exclusive defense and control in any matter in which you are required to indemnify us, and we may require you to pay for any attorney of our choice to defend us. You also agree to cooperate with our defense of these claims.

In all instances, we retain the right to participate, at our own expense, in the defense of any such matters. We will make reasonable efforts to notify you of any such indemnified matter upon becoming aware of it. We may elect to settle any indemnified matter and you will be liable for those damages as if we had proceeded to trial. These provisions survive the cancellation, expiration, suspension, or termination of your access to and use of our Website, Products, Services or Transactions.

Miscellaneous

• No Third-Party Beneficiaries.  You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
• Data Breach.  While SC employs security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems. In the event of such a situation caused by SC, SC will, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all users whose Personal Information SC knows or has irrefutable reason to believe was accessed by an unauthorized person.
• Force Majeure.  You agree that we are not responsible to you for anything that SC may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), pandemics, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.
• Choice of Law and Venue.  The Terms of Use shall be governed by the laws of South Dakota. The offer and acceptance of the Terms of Use is deemed to have occurred in South Dakota.  You and SC agree that any judicial proceeding to resolve claims relating to these Terms of Use and the Order Form will be brought in the federal or state courts of South Dakota.
• Additional Products or Features.  You accept and acknowledge that to the extent that we develop or license in any new products or features or enhancements, we reserve the right to sell or license such separately and at an additional charge to the extent that you determine to purchase or license such.
• Assignment.  You may not assign your rights or obligations under this Terms of Use to any other party without our prior written consent. We may assign our rights or obligations under this Terms of Use to any other party at our sole discretion.
• Entire Agreement. Unless we later reach some other separate agreement with you, these Terms of Use and the Order Form make up the complete and exclusive agreement between us regarding your access to and use of our Website, Products, Services, Transactions and Member Database. These Terms of Use supersede any prior agreements, proposals, or communications, oral or written, between you and SC relating to your use of our Website, Products, Services or Transactions.
• Severability. In the event that a provision of these Terms of Use is found to be unlawful, in conflict with another provision in the Terms of Use, or otherwise unenforceable, the remainder of the Terms of Use will continue to be enforceable as though it had been entered into without the unenforceable provisions being included in it. If two or more provisions of this Terms of Use are deemed to conflict with each other’s operation, SC has the sole right to decide which provision remains in force.
• Non-Waiver.  We reserve all rights permitted to us under these Terms of Use as well as under any applicable law. Our non-enforcement of any particular provision or provisions of this Terms of Use or of any applicable law shall not be construed as a waiver of our right to enforce that same provision or provisions under the same or different circumstances at any time in the future.

CHANGES TO TERMS OF SERVICE

You can review the most current version of our policies at any time at www.silencercentral.com. We reserve the right, at our sole discretion, to update, change or replace any part of these policies and Agreement by posting updates and changes to our site. It is your responsibility to check our website periodically for changes. These policies and this Agreement were last updated January 30, 2026. 

CONTACT INFORMATION

If there are any questions regarding these terms and conditions, you may contact us using the information below.

BMADDOX ENTERPRISES LLC
DBA Silencer Central
4901 N 4^th Ave.
Sioux Falls, SD 57104 USA

customerservice@silencercentral.com
888.781.8778