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Terms of Sale

Last Updated: July 2024

Your privacy is important to us. Formilytics LLC, D.B.A. BDOW! (formerly Sumo) and its subsidiaries and affiliates (collectively, “Formilytics,” “we,” or “us”), understand your concerns with regard to how information about you is used and shared, and we appreciate your trust that we will use and share information about you carefully and sensibly. This Privacy Policy describes what information we collect about you, how we collect it, how we use it, with whom we may share it, and what choices you have regarding it. This Privacy Policy applies to your use of our web or mobile site, or other application (the “Site”) and any other means by which we may collect information about you, including information you may provide to us other than on the Site. We encourage you to become familiar with this Privacy Policy. By accessing and using the Site, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of other companies or other websites. We encourage you to seek out and read the privacy policy of each website that you visit.

1. What information do we collect, and how do we collect it? We and our third-party service providers (“Contractors”) may collect certain information from or about you in connection with your use of, or your submissions to or via, the Site (together, “Collected Information”), including, but not limited to, email address. In addition, we and our Contractors may retain the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made. This information helps us to improve the Site and the online content, materials, and services that we make available on the Site, and to more effectively and efficiently respond to both current and future inquiries. As part of your participation on the Site, you may post user generated content in certain areas of the Site. You acknowledge that posting user generated content on the Site is at your own risk. While the Site may provide features that permit you to limit access to your pages on the Site, you acknowledge that these security measures are limited and could be circumvented. Formilytics has no control over the actions of other users of the Site with whom you choose to share your pages and your Collected Information. Accordingly, user generated content posted by you might be accessible to unauthorized persons. Formilytics is not responsible for any actions by third parties to circumvent the privacy and security mechanisms contained in the Website. You further acknowledge that, even after user generated content might be removed from the Site, copies of such user generated content could still be viewable through the Site if other users of the Site have copied and stored your user generated content or if individuals have access to archived or cached versions of the pages before the user generated content was removed. As with many other websites, the web servers used to operate the Site may

collect certain data pertaining to you, including data regarding the equipment and communications method that you use to access the Site, and your activities on our Site. For security reasons and to confirm the integrity of the Site, we and our Contractors may combine components of this data with Collected Information, which may identify you. Unless otherwise described in this Privacy Policy, such identifying information (which is deemed “Collected Information” hereunder) will be used solely for our business purposes. In addition, the Collected Information may reveal such things as the Internet protocol (“IP”) address assigned to your computer, specific pages that you access on the Site or prior to or after visiting the Site, and the length of time you spend at the Site. We and our Contractors may use this information to help administer the Site and the servers that provide the Site, generate statistical information, monitor and analyze Site traffic and usage patterns, and improve the Site’s content and content delivery, including any online content, materials, and services that we describe or make available on the Site. In addition, our Site may send one or more “cookies” to your computer to improve the utility of the Site by storing user preferences and tracking user trends (also deemed “Collected Information” hereunder). Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that you may not be able to access the full functionality of our Site if cookies are disabled on your browser. We may collect your information through our use of Google Analytics to help analyze how users use the Site. The Google Analytics tool uses “cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Site (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the Site and to compile statistical reports on website activity for Company. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as http://google.com/analytics/learn/privacy.html. We may We use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our websites. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.

2. How will we use the information you provide to us? In addition to the uses described above, we and our Contractors may use Collected Information to analyze and improve the content, materials, and services that we make available on the Site, to notify you of changes made to the Site, to evaluate user needs and improve the Site content, to send you promotional materials, and support our continuing efforts to offer users the information and services we think they want most. If you contact us for support or assistance, we may use Collected Information to provide service and support to you. We may also use Collected Information and the associated statistical data we and our Contractors generate to deliver targeted advertisements to you and other visitors of our Site. We may also contact you to confirm registration information and regarding changes to Formilytics’ Terms of Use and this Privacy Statement. On occasion, we may send you updates, a newsletter or other news regarding the Site. You may choose to “opt-out” of these notifications at any time, even after you have provided personally identifiable information, by following the procedures set forth below. Please note, however, that under certain circumstances, if you initially do not choose to “opt-in,” or if you later “opt-out,” you may not be eligible for certain services from us for which a name, e-mail address, telephone number or other personally identifiable information is needed. An opt-out preference will be processed for the consumer account. As part of your registration on the Site, you shall receive a user profile. Your profile information, as well as your name and email may be displayed to other people on the Site in accordance with your privacy settings. Formilytics may send you, and third parties identified by you, service-related announcements from time to time through the general operation of the Site, such as to indicate that you have received a message from another user or to alert you of an event for which you have asked to receive alerts. Formilytics may use information you submit to the Site in a non-identifying fashion (unless otherwise permitted by you) in order to provide aggregate statistics regarding user membership and service hours completed from the Site and to provide personalized service opportunities to you. We and our Contractors may store Collected Information for as long as needed for the purposes indicated in this Privacy Policy, which may be indefinitely. Except for the above, we will not share personal information with companies, organizations or individuals outside of the Company unless we have your affirmative (and informed) consent to do so. We do not collect or share any sensitive personal information. Sensitive personal information is a particular category of personal information relating to racial or ethnic origins, political or religious beliefs or sexuality.

1. 1. Subscription, Free Trials, Billing and Cancellation.

(a) Subscription.

  • (i) Ongoing Subscription. Your subscription, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the subscription services. We will bill the monthly or annual subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method.
  • (ii) Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription by accessing the store within your install and clicking on the Billing tab. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

(b) Free Trials.

  • (i) Your subscription may start with a free trial. The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. We reserve the right, in its absolute discretion, to determine your free trial eligibility.
  • (ii) We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, access the store within your install and click on the Billing tab. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year of service as soon as you register.
  • (iii) You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK THE “BILLING” TAB WITHIN STORE ON YOUR INSTALL TO CANCEL ANY SUBSCRIPTIONS. If you are unable to find them, contact us immediately at https://help.sumome.com/. We will continue to bill your Payment Method on a monthly or yearly basis for your subscription fee until you cancel.
(c) Billing.

  • (i) Recurring Billing. By starting your subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the subscription service to your Payment Method. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers, including VIP Code redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges.
  • (ii) Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Sale, any price changes to your service will take effect following email notice to you.
  • (iii) Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your subscription or began paying on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Access the store within your install and click on the Billing tab to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Sale, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month, monthly, yearly, and annually refers to your billing cycle.
  • (iv) 7-day Money Back Guarantee. Refunds will be provided up to 7 days after the original purchase if the services do not meet your expectations. Clients who purchase via Shopify will be subject to Shopify’s refund policies and will be reimbursed with Shopify store credits. More information can be found on Shopify’s Terms of Sale page. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
  • (v) Payment Methods. You may edit your Payment Method information by accessing the store within your install and clicking on the Payments tab. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  • (vi) Cancellation. You may cancel your membership at any time, and you will continue to have access to your subscription service through the end of your monthly or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, send an email to help@bdow.com. If you cancel your subscription, your subscription will automatically cancel at the end of your current billing period. To see when your account will close, access the store within your install and click on the Billing tab.

(d) Buy App

(i) The Buy App uses Stripe Connect and the terms for stripe connect can be found at: https://stripe.com/connect/account-terms.
2. WARRANTY DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THE SERVICES, ITS CONTENT, PRODUCTS AND THE SERVERS ON WHICH THE SERVICES, PRODUCTS AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE 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 DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

INFORMATION, PRODUCTS AND/OR SERVICES CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THROUGH YOUR SUBSCRIPTION OR

THROUGH LINKS ARE NOT ADOPTED OR ENDORSED BY THE COMPANY AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION FOR THE SERVICES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, DIMINUTION IN VALUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE EXTENT PERMITTED BY LAW, OUR SOLE AND ENTIRE MAXIMUM LIABILITY UNDER THESE TERMS FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING SUCH CLAIM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.

4. INDEMNIFICATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY AND ITS WHOLLY OWNED SUBSIDIARIES, AT YOUR EXPENSE, FROM ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS BROUGHT AGAINST THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING

REASONABLE ATTORNEYS’ FEES AND OTHER LITIGATION EXPENSES) INCURRED BY THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARISING OUT OF OR RELATING TO (i) YOUR BREACH OF ANY TERM OR CONDITION OF THESE TERMS, (ii) YOUR USE OF THE SERVICES, (iii) YOUR VIOLATIONS OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, (iv) ANY REPRESENTATIONS AND WARRANTIES MADE BY YOU CONCERNING ANY ASPECT OF THE SERVICES TO ANY THIRD PARTY; (v) ANY CLAIMS MADE BY OR ON BEHALF OF ANY THIRD PARTY PERTAINING DIRECTLY OR INDIRECTLY TO YOUR USE OF THE SERVICES; (vi) VIOLATIONS OF YOUR OBLIGATIONS OF PRIVACY TO ANY THIRD PARTY; AND (vii) ANY CLAIMS WITH RESPECT TO ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES. THE COMPANY WILL PROVIDE YOU WITH NOTICE (AN EMAIL SHALL SUFFICE) OF ANY CLAIM, SUIT OR ACTION FROM WHICH YOU MUST INDEMNIFY THE COMPANY. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

THE INDEMNIFICATION TERMS CONTAINED IN THIS SECTION SHALL BE CONSTRUED BROADLY IN FAVOR OF THE COMPANY.

5. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

6. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

7. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.

8. Dispute Resolution and Binding Arbitration.

(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 8. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

9. LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

11. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

12. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

13. Notices.

(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Formilytics, LLC, 251 South Ranchos Legante Drive, Gilbert, AZ 85296. We may update our address for notices by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.

14. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

15. Changes to Services and Terms. The Company reserves the right at any time to modify, suspend, or discontinue providing the Services, in whole or in part. In the event the Company anticipates that any such action will significantly affect your use of the Services in a negative way, the Company will endeavor to provide you with advance notice by email, an in-client message or by posting relevant information on the Website. If the Company suspends or discontinues the Services, Your sole remedy shall be a refund for any prepaid amount related to any such suspension or discontinuation. Clients using Shopify will be subject to Shopify’s refund policies and will be reimbursed with Shopify store credit. The Company reserves the right to modify these Terms at any time, and each such modification will be effective fourteen (14) days after posting to the Website. All modifications will apply prospectively only. Your continued use of any of the Services following any such modification constitutes Your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Website. If you do not agree to be bound by these Terms, you must stop using the Services immediately. No amendment to or modification of these Terms will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) You accept updated terms online, or (iii) You continue to use the Services after the Company has posted updates to these Terms and fourteen (14) days have passed since such posting of updated terms.

16. U.S. Government Rights. If the use of the Services is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Services, including its rights to use, modify, reproduce, release, perform, display or

disclose the Services, will be subject in all respects to the commercial license rights and restrictions provided in these Terms.

17. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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