TERMS OF SERVICE AGREEMENT

 

These terms (“Terms”) cover the use of Range Pro, LLC (“Range Pro”) websites and services listed here (the “Services”).  You accept these Terms by creating a Range Pro account, through your use of the Website, through your use of Services, or by continuing to use the Services after being notified of a change to these Terms. 

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services.

This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter.  Neither party has relied upon any such prior or contemporaneous communications.

I.                    GENERAL CONDITIONS

A.                  By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

B.                  We reserve the right to refuse service to anyone for any reason at any time.

C.                  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Range Pro.

II.                  SERVICES AND SUPPORT

A.                  Services Offered – Range Pro provides a cloud-based software application for lane management services.  Range Pro reserves the right to add, remove, update, or modify services at any time.  Currently Range Pro offers three (3) service plans. 

1.                  RangePro Free – Range Pro Free includes, but is not limited to, access to the following services:

       Lane management for one (1) range type for one (1) location

       Lane management for up to five (5) lanes for designated range type for one (1) location

2.                  RangePro Basic – Range Pro Basic includes, but is not limited to, access to the following services:

       Lane management for an unlimited number of range types for one (1) location

       Lane management for unlimited lanes for each designated range type for one (1) location

       Custom Waivers for User’s customers to electronically sign for the designated range(s)

       Analytics for range performance

       Target use tracking

3.                  RangePro Premium – Range Pro Premium includes, but is not limited to, access to the following services:

       Lane management for an unlimited number of range types for one (1) location

       Lane management for unlimited lanes for each designated range type for one (1) location

       Custom Waivers for User’s customers to electronically sign for the designated range(s)

       Analytics for range performance

       Target use tracking

       Online reservations with provided links for website integration by your Site Administrator.  If possible, Range Pro will integrate with your site for an additional fee.

       Range Status with provided links for website integration by your Site Administrator.  If possible, Range Pro will integrate with your site for an additional fee.

       Online Memberships customizable for User’s customers.  Member login link provided for website integration by your Site Administrator.  If possible, Range Pro will integrate with your site for an additional fee. 

       Loyalty Program customizable for User’s customers.  Loyalty Program login link provided for website integration by your Site Administrator.  If possible, Range Pro will integrate with your site for an additional fee.

B.                  Account – All Users of Range Pro will need to create an account to access any of the lane management Services provided by Range Pro.  Your Range Pro account lets you sign in and use the products offered by Range Pro.  By creating an account, you agree not to use any false, inaccurate or misleading information when signing up for your Range Pro account. If you create a Range Pro account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Range Pro account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Range Pro account. 

C.                  Content – All content added and stored under a user’s account will remain under the ownership of that user.  Range Pro does not claim ownership of your content.

D.                 Support and Maintenance - Range Pro will provide support of the lane management software as well as provide routine updates as applicable. Routine updates will occur during Scheduled Downtime.  Scheduled Downtime means the time during which Client is not able to access the Services, as hosted by Range Pro, due to planned system maintenance performed by Range Pro, including without limitation scheduled maintenance, updates of hardware or software, or upgrades to increase storage capacity.  Range Pro has Scheduled Downtime every Tuesday starting at 11:00PM to 2:00AM Pacific Standard Time and will NOT provide notification.  Range Pro will use reasonable commercial efforts to provide at least two (2) hours’ notice for any downtime that is not Scheduled Downtime (e.g., urgent security updates).  Range Pro will also exercise commercially reasonable efforts to correct any failure of the System to return it to its normal operating capacity.   

Any future upgrades or modifications made to the software will be made available to the User promptly following release, and such upgrades or modifications will then become part of the Licensed Product.  Non-User specific upgrades will be made available to each User free of charge if they are a paying member of the specific service tier that has received the upgrade or modification. 

All parties agree that it is within Range Pro’s discretion to modify the application to fit certain needs of a User and license the modified software to the User or all Users across the platform.  Depending on the type of modification requested, Range Pro may request a nominal fee to be paid by the User for the requested modification.  User will not retain any intellectual property or work product rights to the modified product.  The parties also agree that Range Pro will provide maintenance and support services related to such modified software.  Therefore, in consideration of the mutual covenants, terms, and conditions set forth in this Agreement, the adequacy of which consideration is hereby accepted and acknowledged. 

III.                FEES AND PAYMENT

A.                  Fees – Range Pro offers three service tiers: RangePro Free, RangePro Basic, and RangePro Premium.  Range Pro reserves the right to update and change pricing without notice to Users.  Access will be granted as follows:

1.                  RangePro Free – No cost to User.  User may upgrade their service at any time.  Please note User will be charged the new amount immediately. 

2.                  RangePro Basic – User will be charged a monthly fee of $50 USD per month, per store location, to maintain their access to the Basic service.  User may downgrade/upgrade their service at any time.  If the User upgrades to the Premium service, their card on file will be charged the new amount immediately.  Range Pro will refund the difference between the Basic and Premium versions within five (5) business days.  If the User downgrades to RangePro Free, a prorated refund will not be issued.

3.                  RangePro Premium - User will be charged a monthly fee of $125 USD per month, per store location, to maintain their access to the Premium service.  User may downgrade their service at any time.  If the User downgrades to the Basic service, their card on file will be charged the new amount immediately.  Range Pro will refund the difference between the Premium and Basic versions within five (5) business days.  If the User downgrades to RangePro Free, a prorated refund will not be issued. 

B.                  Payment

1.                  Subscription – Range Pro is a subscription-based service.  All subscription payments are made directly to Range Pro and are securely processed through Stripe.  Range Pro only accepts electronic payments using a debit or credit card. 

2.                  Billing Cycle – Once a User has signed up for a paid service, the User’s debit or credit card on file will be charged immediately.  As long as the User maintains an Active account, the User’s debit or credit card on file will be charged automatically each month following activation. 

C.                  Refunds – Range Pro does not issue refunds for cancellation.  User will maintain access to their account for the remainder of the cancellation billing cycle.   

D.                 Default – In the event a User’s account is placed in a Default state, Range Pro will make every effort to work with the User to bring the account current.  Currently, Range Pro does not have a late payment charge policy in place.  If the User account is deemed to be habitually in default, Range Pro reserves the right to revoke services and terminate this Agreement immediately. 

IV.                TERM AND TERMINATION

A.                  Term – This Agreement will continue until terminated by either party as specifically authorized herein. 

B.                  Termination

1.                  Termination for Convenience – Either party may terminate this Agreement for any reason or no reason with zero (0) days’ notice.  Termination by User will be deemed accepted either by cancelling Services directly through Range Pro, via e-mail to Range Pro, or telephone communication with Range Pro then confirmed in writing.  The date of termination will be the date in which the termination occurred.  Following the date of termination, User will be notified their cancellation has been accepted.  Range Pro DOES NOT offer prorated refunds for cancellations.  The User will have access to and use of their account through the remainder of the billing cycle regardless of when cancellation was received.  All access and right to use to a User’s account will cease on the first day of the next billing cycle.  User may request their account be deactivated upon cancellation. 

V.                  Termination by Range Pro will be submitted in writing via e-mail to the account holder.  If an e-mail address is not available for the account holder, Range Pro will make every effort to notify User.  If contact by other means is not established, Range Pro will mail a termination letter to the individual or entity listed via Certified and regular US Mail, postage prepaid in full to the last known address. 

1.                  Right to Cure – Range Pro reserves the Right to Cure any material breach of this Agreement.  User must notify Range Pro in writing of any perceived material breach.  Upon notification of perceived breach, Range Pro shall have 30 calendar days to cure perceived breach unless another arrangement has been made and confirmed in writing. 

2.                  User Data Following Termination – Following termination of services, Range Pro will deactivate User’s account on the specified date.  The data stored under User’s account will be maintained for 60 calendar days following termination.  In the event the User decides to reactivate their subscription within the 60-day time period, all data will be restored in its last active state.  However, if User exceeds the 60-day time period, Range Pro will permanently delete all User data.  Data will be irretrievable and a new account will need to be created is User decides to resume service.  Any User’s customer data will be returned to the User prior to permanent deletion. 

3.                  Force Majeure – No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes, or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control. 

VI.                SYSTEM REQUIREMENTS

 

Client is required to possess minimum system requirements for Range Pro to run effectively.  Client agrees to provide these system minimums at no charge to Range Pro.  If client does not meet the minimum system requirements, Range Pro will not be held liable for any service disruptions or system incompatibilities.  

 

The minimum system requirements are as follows:

 

        Minimum of 1 MBPS internet download speed.

        Any of the following browsers: Chrome, Firefox, Safari, or Internet Explorer.  

        (ONLY REQUIRED IF APPLICABLE) For range display functionality, at this time a TV with Alexa Silk/Firefox Browser or Google Chromecast is required.

        (ONLY REQUIRED IF APPLICABLE) For use on tablets, the tablet must have internet connectivity through wireless or cellular service.

        (ONLY REQUIRED IF APPLICABLE) For User customer memberships, a Stripe account held by the store will be required to receive online payments. 

VII.              USER DATA AND PRIVACY

A.                  DATA MANAGEMENT

1.                  Use of User Data – Unless Range Pro receives User’s prior written consent, Range Pro:

a)                  shall not access, process, or otherwise use User’s Data other than as necessary to facilitate the System; and

b)                  shall not intentionally grant any third-party access to User Data, including without limitation Range Pro’s other users, except subcontractors that are subject to a reasonable nondisclosure agreement. Notwithstanding the foregoing, Range Pro may disclose User Data as required by applicable law or by proper legal or governmental authority. Range Pro shall give User prompt notice of any such legal or governmental demand and reasonably cooperate with User in any effort to seek a protective order or otherwise to contest such required disclosure, at User’s expense.

2.                  Data Security Audits – Range Pro represents that it does not currently maintain financial data for its Users.  Range Pro uses a third-party payment processor, Stripe, to handle all financial transactions.  Stripe security certifications may be viewed on their website https://stripe.com/docs/security/stripe .

3.                  Data Accuracy – Range Pro shall have no responsibility or liability for the accuracy of data uploaded to the System by User, including without limitation User or User Customer Data and any other data uploaded by Users.

4.                  Data Deletion – Range Pro may permanently erase User Data if User’s account is delinquent, suspended, or terminated for 60 days or more.

5.                  Excluded Data – Range Pro makes every effort to stay up to date on the latest security and encryption industry standards for protecting personal information for its Users and their customers.  However, User recognizes and agrees that Range Pro has no liability for any failure to provide protections set forth in the Excluded Data Laws or otherwise to protect excluded data and Range Pro’s systems are not intended for management or protection of excluded data and may not provide adequate or legally required security or excluded data. 

6.                  Aggregate & De-Identified Data – Notwithstanding the provisions above, Range Pro may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data and De-Identified Data in any way, in its sole discretion. (“Aggregate Data” refers to summaries of User Data, or of data that includes User Data, that do not include personally identifiable information or the names or addresses of User and any of its customers. “De-Identified Data” refers to User Data with the following removed: personally identifiable information and the names and addresses of Users and any of its customers.)

B.                  PRIVACY

1.                  Privacy Policy – The Privacy Policy applies only to the Software and does not apply to any third-party website or service linked to the Software or recommended or referred to through the Software or by Range Pro’s staff.

2.                  Risk of Exposure – User recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Software, User assumes such risks. Range Pro offers no representation, warranty, or guarantee that User Data will not be exposed or disclosed through errors or the actions of third parties.

VIII.            THIRD-PARTY SERVICES

Certain content, products and services available via our Software may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

IX.                LICENSING AND WORK PRODUCT OWNERSHIP

 

Range Pro reserves all rights to its software and application.

 

A.                  Licensing – Range Pro owns all the licensing and use rights related to Range Pro Software.  Range Pro will grant the right to use of its products and services according to the Terms set forth in this Agreement.  User receives no title to or ownership of any copy of the Software itself.  Furthermore, User receives no rights to the Software other than those specifically granted in this Agreement.  Without limiting the generality of the foregoing, User can expect the following:

1.                  Grant of Right to Use – Pursuant to the terms and conditions of this Agreement, Range Pro grants User a limited, nonexclusive, nontransferable, non-sublicensable right to access and use the Service via the Internet in accordance with this Agreement, solely for User’s internal business purposes.  This Agreement does not grant User any intellectual property rights in the Service or any of its components.  All rights not expressly granted to User are reserved by Range Pro.

2.                  Restrictions – User shall not and shall not permit others to:

a)                  modify or create derivative works based upon the Range Pro platform;

b)                  use the Software or the Content for the benefit of a third party;

c)                  license, sublicense, assign or otherwise transfer or exploit the Software or make the Software or the Content available to third parties, except as may be authorized by Range Pro in writing;

d)                  reverse engineer or decompile the Software;

e)                  access the Software or Content for any reason other than for User’s internal business purposes and in strict accordance with this Agreement; or

f)                   interfere with the Software.

X.                   

A.                  WORK PRODUCT OWNERSHIP

Range Pro represents and warrants that it is the owner of the lane management software as described in this Agreement and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the intellectual property and other rights granted in this Agreement without the further consent of any third party. 

XI.                CONFIDENTIALITY

User and its employees, agents or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of User, or divulge, disclose, or communicate in any manner, any information that is proprietary to Range Pro.  Any User found to be in violation of confidentiality will have their account automatically terminated ending the Range Pro/User relationship.  Range Pro also reserves the right to seek appropriate damages and attorney fees and costs for any breach in confidentiality.

XII.              DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, AND SEVERABILITY

A.                  WARRANTY - Range Pro does not warrant that the use of the Service will be uninterrupted, error-free or completely secure.  Client acknowledges that there are certain risks inherent in internet connectivity that could result in the loss of privacy, confidential information and property.  Client agrees to give Range Pro notice of any problems associated with its services.  Client also agrees to allow Range Pro reasonable time to resolve any issues associated with its service(s).  You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  Neither party will be deemed to have waived any of its rights under this Agreement by laps of time or by any statement or representation other than by an authorized representative in an explicit written waiver.  No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

B.                  LIMITATION OF LIABILITY - In no case shall Range Pro, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

C.                  INDEMNIFICATION - You agree to indemnify, defend and hold harmless RangePro LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

D.                 SEVERABILITY – To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect.  In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 

XIII.            GOVERNING LAW

This Agreement will be governed solely by the internal laws of the State of Nevada, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction or the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.  The parties’ consent to the personal and exclusive jurisdiction of the federal and state courts of Clark County, Nevada.  All legal notices should be directed to Range Pro’s Registered Agent, Charles Roof, 6323 Dean Martin Drive, Las Vegas, Nevada 89118.

XIV.           MARKETING AND PROMOTIONAL ACTIVITIES

Press Release:  Upon the execution of this Agreement, Range Pro and User shall have the right to issue a press release announcing the existence of this Agreement and any other nonconfidential relevant information.  Both parties have the right to issue any press release needed to comply with any governmental or securities law. 

 

Consent:  User and Range Pro may each use the other party’s name, trademarks, logos and/or tradenames in their advertising in connection with the use of the Service.    

 

Notwithstanding the foregoing, the parties hereby consent to the following:

 

(1) Either party may use the trademarks, logos and tradenames of the other party on its web page,

(2) Range Pro may include User’s name and logo on Company’s collective list of existing clients                                     and in Range Pro presentations; and

(3) Range Pro may make incidental use or mention of the User’s use of Range Pro’s Services, provided User’s trademarks or logos are not used therein.  Each party acknowledges the other party's exclusive ownership of, or right to use, its own trademarks, logos and tradenames and agrees not to dilute the other Party's rights in its own trademarks. 

 

Use of Trademark:  Each Party agrees to clearly display an acknowledgment of the other party's ownership of its trademarks, logos and tradenames.  User agrees to include Range Pro trademarks, logos and/or tradenames on all advertisements, brochures, “Powered by” logon web page, and other appropriate documentation.   User shall not alter, remove, modify or otherwise impair the appearance of Range Pro’s trademark as it is displayed by User.

XV.              AMENDMENTS

Range Pro reserves all rights to make amendments to the Terms of Service outlined above at any time.  Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on our website at www.Range-Pro.com . We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.