Terms & Conditions

Thank you for visiting the Wide Open Enterprises, LLC website (“Wide Open Enterprises, LLC”, “we”, “us”, “our”). By signing up or otherwise using Wide Open Enterprises, LLC (“Wide Open Enterprises, LLC” or “Website”) or accessing any content or material that is made available by Wide Open Enterprises, LLC through the Website (the “Content”) you acknowledge that you have reviewed and that you understand and agree to the Terms and Conditions of Use as set forth below and that such Terms and Conditions form a binding contract between you and Wide Open Enterprises, LLC (“Agreement”). Use of the Wide Open Enterprises, LLC website constitutes agreement to our Terms and Conditions.

We encourage you to review the following information carefully.


Usage of The Wide Open Enterprises, LLC Website

Wide Open Enterprises, LLC grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Wide Open Enterprises, LLC.

The Wide Open Enterprises, LLC Website and Content is and will remain the property of Wide Open Enterprises, LLC. You agree not to use the Wide Open Enterprises, LLC Website or any part of the Content in any manner not expressly permitted by this Agreement. Except for the rights expressly granted to you in this Agreement, Wide Open Enterprises, LLC grants no right, title, or interest to you in the Wide Open Enterprises, LLC Website or Content.

All Wide Open Enterprises, LLC trademarks, service marks, trade names, logos, domain names, and any other features of the Wide Open Enterprises, LLC brand (“Wide Open Enterprises, LLC Brand Features”) are the sole property of Wide Open Enterprises, LLC.

This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Wide Open Enterprises, LLC.


All content on this website is the exclusive property of Wide Open Enterprises, LLC. Content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws, and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.

You are prohibited from using meta tags or any other hidden text utilizing Wide Open Enterprises, LLC name or trademarks without the express written consent of Wide Open Enterprises, LLC. Any unauthorized use of the Wide Open Enterprises, LLC Websites voids the limited license granted by Wide Open Enterprises, LLC.


Consent

How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at

[email protected]

or mailing us at: 120 Madiera St NE, Suite 220
Albuquerque NM 87108


Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.


User-Generated Content

Wide Open Enterprises, LLC customers may post, upload, and/or contribute (“post”) content to the Wide Open Enterprises, LLC Website (which content may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”).


You agree that, with respect to any User Content you post on Wide Open Enterprises, LLC, (1) you have the right to post such User Content, and (2) such User Content, or its use by Wide Open Enterprises, LLC as contemplated by the Agreement, does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others, or imply any affiliation with or endorsement of you or your User Content.

By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wide Open Enterprises, LLC or its affiliates for all claims resulting from content you supply. Wide Open Enterprises, LLC reserves the right to remove any content at our sole discretion.

If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Wide Open Enterprises, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Wide Open Enterprises, LLC may, at its discretion, monitor, review, or edit User Content. Wide Open Enterprises, LLC reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Wide Open Enterprises, LLC sole discretion, violates the Agreement. Wide Open Enterprises, LLC may take these actions without prior notification to you or any third party.

You are solely responsible for all User Content that you post. Wide Open Enterprises, LLC is not responsible for User Content, nor does it endorse any opinion contained in any User Content.


User Guidelines

Wide Open Enterprises, LLC respects intellectual property rights and expects you to do the same. The following is not permitted for any reason whatsoever:

  • Copying, redistributing, reproducing, or making available to others any part of the Wide Open Enterprises, LLC website content, redistribution infringes on the intellectual property rights (such as copyright);
  • Modifying or creating derivative works based on the Wide Open Enterprises, LLC website, Content or any part thereof unless permitted by applicable law;
  • Circumventing any technology used to protect the Content or the Website;
  • Selling, renting, sublicensing or leasing of any part of the Wide Open Triggers website or the Content;
  • Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Wide Open Enterprises, LLC (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  • providing your password to any other person or using any other person’s username and password.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.


Customer Support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact [email protected] We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.


Term and Termination

This Agreement will continue to apply to you until terminated by either you or Wide Open Enterprises, LLC. Your rights to the Service and the Content terminate upon termination of this Agreement.  You acknowledge and agree that the rights granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of the Agreement for any reason. Wide Open Enterprises, LLC may terminate the Agreement or suspend your access to the Wide Open Triggers Website at any time, including in the event of your actual or suspected unauthorized use of the Wide Open Enterprises, LLC Website and/or Content, or non-compliance with the Agreement. If you or Wide Open Enterprises, LLC terminate the Agreement, or if Wide Open Enterprises, LLC suspends your access to the Wide Open Enterprises, LLC Service, you agree that Wide Open Enterprises, LLC shall have no liability or responsibility to you, and Wide Open Enterprises, LLC will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.


Modification

We may modify this Agreement from time to time. If we make material changes to it, we will provide you notice through the Service, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may cease usage of the Website.  Your continued use of the Website after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.


Disclaimer, Limitation, Dispute Resolution

TO THE EXTENT ALLOWED UNDER LAW, Wide Open Enterprises, LLC (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDSE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.


SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH Wide Open Enterprises, LLC IS TO STOP USING WIDEOPENTRIGGERS.COM.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WIDE OPEN TRIGGERS, ITS OFFICERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WIDE OPEN TRIGGERS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  

Nothing in the Agreement removes or limits s liability for fraud or fraudulent misrepresentation. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

If a dispute arises from or relates to the Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, you and Wide Open Enterprises, LLC agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. You and Wide Open Enterprises, LLC further agree that any unresolved controversy or claim arising out of or relating to the Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The place of arbitration shall be Albuquerque, NM and the arbitration shall be governed by the laws of the State of New Mexico.


Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Wide Open Enterprises, LLC harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Wide Open Enterprises, LLC; and (4) your violation of any law or the rights of a third party.

You fully agree that if any of your representations when making purchases under the Terms of Sale are incorrect or if you fail to comply with the Terms of Sale, then you agree to indemnify, defend, hold harmless, and release Wide Open Enterprises, LLC and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from my purchase from Wide Open Enterprises, LLC.

You fully agree that by a placing an order, that you release Wide Open Enterprises, LLC from any and all liability arising from or related to the products purchased from Wide Open Enterprises, LLC, including (but not limited to) my or anyone else use of the product, my or anyone else’s storage of the product, and my or anyone else’s handling or transportation of the product, and you agree to indemnify, defend, save harmless, and release Wide Open Enterprises, LLC and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from the products you purchased from Wide Open Enterprises, LLC.