TERMS AND CONDITIONS

These Terms and Conditions (this “Agreement”) concern the website (together with its pages and features, the “Platform”) operated, hosted, and/or published by 1540 Munger Ave, LLC, a Texas limited liability company (together with its affiliates and related entities, “Company”) and all associated services and products provided on, through, or in relation to the Platform (the “Services”). This Agreement is made and entered into by and between you and any person helping you access or use the Platform or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and Company on the other side. You and Company are sometimes referred to herein, individually, as a “Party” and, collectively, as the “Parties”.

Please read this Agreement carefully before accessing or using the Platform and/or the Services because it constitutes a legally binding contract between you and Company. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions.

You are automatically accepting and agreeing to the most recent version of this Agreement whenever you access or use the Platform and/or the Services. Your continuing access or use of any of the foregoing reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from accessing or using the Platform and/or the Services.

Company may supplement, amend, or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Platform, as Company deems appropriate in its sole discretion, and such modifications shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement each time you access or use the Platform or the Services.

You may download or copy the content of the Platform and other downloadable materials displayed on the Platform for your personal use only. No right, title, or interest in any such downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce, distribute, modify, create derivative works from, sell, or exploit any of the Platform’s content except as expressly permitted under this Agreement.

1.    Eligibility. The Platform is offered only to users eighteen (18) years of age or older (or otherwise the age of majority in each user’s respective jurisdiction) and who have accepted this Agreement. By accessing or using the Platform or the Services, you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Platform or the Services.

2.    Privacy. Company respects the privacy of others. Company’s policies concerning the collection and use of your personal information in connection with the Platform are set forth in Company’s Privacy Policy, which you should carefully review each time you access or use the Platform or the Services.

3.    Your Devices. Certain portions of the Platform may be configured for, and Company may offer the Platform through, certain computers, tablets, smart phones, or other electronic devices (“Device(s)”). This Agreement shall apply with equal force and measure to your access and use of the Platform through such Devices. You are responsible for obtaining and updating the Device (including the software, operating system, and network access of the Device) as necessary to properly access and use the Platform. Company does not guarantee that the Platform or any portions thereof will function on or in connection with any particular Device. If you access or use the Platform through a particular Device, then you hereby acknowledge and agree that information about your use of the Platform through such Device (such as the identity of your Device or your Device’s carrier or network) may be communicated to Company and/or certain third parties. You are solely responsible for any and all voice, message and data fees, rates, charges, and taxes of your Device’s carrier or network that may apply to your access or use of the Platform through your Device.

4.    Ownership. The Platform and all elements and derivatives of the Platform (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing (collectively, the “Platform IP”), are owned, licensed, or permissibly used by Company. In no event shall you have or retain any rights, title, or interests in or to the Platform IP other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Company’s or its licensors’ respective rights and remedies under applicable law.

5.    User Account.

1. Registration. To secure the right to access and use any registration-only pages or features of the Platform, you may be required to register with and create a personal user account with Company through the Platform (a “User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and any other policies as Company may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Company (such as providing additional information to Company). Unless otherwise permitted by Company in writing, you may only have one (1) non-transferable User Account.
2. User Account Activity and Information. You are responsible for all activity that occurs under your User Account and are prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information. You should also maintain accurate, complete, and up-to-date information in your User Account because your failure to do so may result in your inability to access, use, or receive all or any part of the Platform or information from Company. For the sake of security, you must immediately notify Company if you suspect that a third party has gained access to or is making any use of your User Account without authorization. Company has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors (collectively, “Company Representatives”) to access and use, the information in your User Account to facilitate the exercise and performance of Company’s rights and obligations under this Agreement, the operation of the Platform, and any other rights, obligations, or operations related to the Platform, the Services, your User Account, or the subject matter of this Agreement (including, without limitation, payments and communications).
3. Indemnification in Connection with User Account. If you fail to comply with any terms or conditions of Section 5(b) above (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including any unauthorized charges and payments, any unauthorized changes to your User Account information and settings, and any unauthorized access or use of your User Account). You agree to indemnify, release, and hold harmless Company and Company’s Representatives from and against all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by or asserted against any such indemnitees, arising out of or in connection with your failure to comply with such terms or conditions.

6.    Rights, Permissions, and Consents.

1. License of the Platform. Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sublicensable license to access and view the various publicly displayed pages of the Platform, and to view the information and content found thereon. Your unauthorized use of the Platform or any breach by you of this Agreement will automatically terminate this license.
2. License of User Materials. All names, information, communications, and any other content that you submit to or publish on, through, or in relation to the Platform, including those you publish on your online social media accounts that you associate with the Platform, as applicable, are hereinafter defined as the “User Materials”. You hereby grant Company an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for Company to host, store, reproduce, distribute, license, market, modify, create derivative works, communicate, and otherwise use all or any part of such User Materials and any elements and derivatives thereof in any manner or form as Company sees fit in its sole discretion. The foregoing is not intended to conflict with any provision of Company’s Privacy Policy.  
3. Reservation of Rights. Nothing in this Agreement restricts or limits Company’s rights, title, or interests in or to the Platform, the Services, the User Materials, or any elements or derivatives of the foregoing.
4. Warnings; Disclaimers. Please note that the User Materials might become the subject of public disclosure. Thus, Company is not responsible for, and expressly disclaims any liability arising from or in connection with, its use of any User Materials in accordance with the terms and conditions of this Agreement. The foregoing is not intended to conflict with any provision of Company’s Privacy Policy.

7.    Suspension or Termination of Service; Disclaimer. Company has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Platform. Company shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any suspension or termination of any part of the Platform (including, without limitation, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content).

8.    Products and Services. Company or its licensees might offer, sell, license, or otherwise make available various products or services (which may include Company’s own products and services or the products and services of third parties) on or through the Platform. Company has the right to refuse its products and services to you or to any geographic region or jurisdiction in its sole discretion, including if it suspects that you are in any way involved in fraudulent or illegal activity. Company may contact your payment method issuer, law enforcement, or others and share information relating to your payments, as applicable, if Company believes doing so will prevent a violation of the law or financial loss. Prices for, and descriptions of, any products or services offered on or through the Platform are subject to change without notice and in the sole discretion of Company. Company reserves the right to discontinue any product or service at any time. You understand and agree that certain sales of such products or services may be subject to additional terms and conditions of Company.

9.    Payments.

1. Sales Transactions[A1] [A2] . Sales transactions conducted on or through the Platform will take place through an online payment system operated through the Platform. Invoices for charges that accrue under your User Account will be made available on or through the Platform.
2. Cancellation of Transactions. Company reserves the right to refuse any order you place. Company may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same User Account, the same credit card, and/or orders that use the same billing or shipping address. In the event Company makes a change to or cancels any of your orders, Company may attempt to notify you by contacting the billing address, phone number, or email provided at the time the order was placed. Company further reserves the right to limit or prohibit orders that, in Company’s sole discretion, appear to be placed by dealers, resellers, or distributors.
3. Payment Authorization. If you provide Company with your payment information, then you authorize Company to do the following as Company deems necessary, although Company has no obligation to do so: (i) share your payment information with any third-party payment processing vendors, (ii) obtain your updated payment information from your payment issuer and any third-party payment processing vendors, and (iii) use your payment information to charge payments that accrue under your User Account.
4. Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your User Account. You also agree to be responsible for all payments and other liabilities incurred by any person or entity that arise out of or relate to payments that you authorize or accept on or through the Platform, including, without limitation, all fees and expenses (including costs and reasonable outside attorney fees) incurred to collect any overdue amounts.
5. Waiver of Claims in Connection with Unauthorized Payments. To the fullest extent permitted by applicable law, you agree to waive all claims against Company and Company’s third-party sellers and payment processing vendors related to any unauthorized payments made on, through, or in relation to your User Account.
6. Accurate Payment Information. You represent and warrant to Company that any payment information you provide on or through the Platform is current, complete, and accurate, and that you will promptly notify Company if your payment information has changed, if your payment method has been cancelled, or if there has been a breach of security regarding your payment information.
7. No Refunds[A3] [A4] . Except as otherwise permitted in writing by Company, all sales and payments made on or through the Platform are final, irrevocable, and not subject to or eligible for refund or return. You may submit any inquiries about refunds to Company by sending an email to [Email] with a subject line of “Refund Inquiry”.

10. Electronic Communications.

1. Express Consent. You hereby expressly consent to Company sending or otherwise communicating with you for any purpose (including, without limitation, for advertising and marketing purposes) via any electronic means or forms as Company deems appropriate in its sole discretion. Such communications may take place through the Platform, through your User Account, by email, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message, or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws. You are responsible for paying any voice, message, and data fees, rates, charges, and taxes that may apply to you. You are not required to grant the foregoing consent as a condition for the purchase or license of any Company products or services.
2. Email Opt-Out. You may opt-out of receiving any electronic messages from Company as described in Section 10(a) above at any time by any reasonable means, including by sending an email to [Email] with a subject line of “Opt-Out of Electronic Communications”. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Platform and/or your ability to receive certain messages or notifications from Company.

11. Prohibited Activities; Take Down. You shall not engage in any of the following activities at any time with respect to the Platform: (a) the impersonation of any person or entity, (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity, (c) the reproduction of the Platform or its content or the creation of any derivative works of the Platform or its content, (d) the publication of any content that is objectionable or illegal (including content that is defamatory, disparaging, false, misleading, threatening, or abusive), (e) the publication of any machine, computer, or randomly generated content, (f) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications, (g) the systematic retrieval or copying of any information or content found on or through the Platform to directly or indirectly create or compile a collection, compilation, database, or directory, (h) any act or the use of any software, program, or process to monitor, copy, disrupt, damage, or impermissibly access the Platform or its infrastructure, (i) any act that involves or concerns decrypting, security bypassing, hacking, data mining, or the like on or through the Platform, or (j) any other act that Company becomes aware of and believes in good faith is improper, illegal, or harmful to the Platform or its servers, or any person, entity, or property. Company reserves the right to take down or otherwise exclude from the Platform, without notice or recourse, any content made or submitted by you that Company believes in its sole discretion to be in violation of the foregoing prohibited activities or that Company otherwise considers to be unsuitable for the Platform.

12. Links to Other Platforms, Apps, Networks, and Servers.

1. Linked Technologies. The Platform or any communications sent as a function of the Platform may contain links to third-party websites or applications and, similarly, third-party websites or applications may contain links to the Platform (collectively, the “Linked Technologies”). The Linked Technologies are not under the control of Company or the Platform, and any such communications contain the outgoing links as a convenience to you.
2. Disclaimer About Linked Technologies. Company is not responsible for any information, goods, services, or other content that may be found on or excluded from the Linked Technologies (including malicious software, inaccurate information, and illegal content). Company does not make any representations or warranties (whether express, implied, or otherwise) concerning the terms of use, privacy policies, agreements, information, good, services, or other content that may be found on or excluded from the Linked Technologies. The fact that the Platform may link to or from any Linked Technologies shall not constitute an affiliation with, association with, or endorsement of such Linked Technologies and their information, goods, services, or other content. If you decide to access any Linked Technologies, then you do so at your own risk.

13. User Representations, Warranties, and Covenants. You represent, warrant, and covenant to Company that: (a) you are a natural person and of eighteen (18) years of age or older (or otherwise the age of majority in your jurisdiction), (b) you have read and understand this Agreement in its entirety, (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement, (d) you understand and acknowledge that, by accepting this Agreement, you are giving up certain legal rights and remedies, (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement, (f) you will not violate any applicable laws that may concern the Platform, (g) you are the exclusive owner of all rights, title, and interests in and to the User Materials (including, without limitation, all intellectual property rights) or, if applicable, have secured all necessary rights and permissions regarding the User Materials to allow for your performance and grant of rights regarding the User Materials under this Agreement, (h) Company is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under this Agreement, (i) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder, and (j) all information you provide to Company in connection with your access or use of the Platform and the Services is truthful and accurate.

14. Disclaimers and Limitations; General Release of Claims; Indemnification.

1. General Disclaimer; System Delays. Your access or use of the Platform in any way is done at your own risk. The Platform, the Services, any products or services offered on or through the Platform, and all other content on the Platform is provided to you on an “as is”, “where is”, “as available”, and “with all faults” basis and without any warranty. Company does not make, and expressly disclaims, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) with respect to the Platform, the Services, any products or services offered on or through the Platform, and all other content on the Platform. You understand and acknowledge that the Platform may be subject to limitations, delays, interruptions, and other problems inherent in the use of third-party communication networks and facilities that are outside of Company’s control (collectively, “System Delays”). Accordingly, Company shall not be responsible for any losses, injuries, liabilities, and other damages that result from any System Delays.
2. Limitation of Liability. In no event shall Company or any Company Representatives be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with: (i) your access or use of the Platform or the Services, or your inability to access or use the Platform or the Services, (ii) any products or services made available on or through the Platform, (iii) any statements, content, or conduct of any third party relating to the Platform and the Services, (iv) any unauthorized access to or alteration of the information in your User Account, (v) any hacking, denial of service attacks, data security breaches, or other third-party conduct that may lead to a compromise of your personal information or damage to your Device, or (vi) the fact that you have relied on any information or content published on or through the Platform. If you are dissatisfied with the Platform, then your sole and exclusive remedy is to discontinue your access and use of the Platform.
3. Limitation of Remedies; No Injunctive Relief. If Company breaches or otherwise violates this Agreement, (i) in no event shall you be entitled to recover any special, incidental, consequential, speculative, exemplary, or punitive damages in relation to such breach or other violation, even if Company has been notified of the possibility of such damages, and (ii) you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Platform and Company as a result of such breach or other violation.
4. General Release of Claims. You hereby release and hold harmless Company and Company’s Representatives from and against all claims that you may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, discrimination, personal injury, property damage, negligence, and any other legal theory arising from or in connection with the Platform and the rights and privileges granted or conveyed by you under this Agreement (including the rights and privileges relating to the User Materials).
5. Indemnification. You hereby agree to indemnify, release, and hold harmless Company and Company’s Representatives from and against any and all liabilities, claims, legal actions, judgments, losses, damages, and expenses (including reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Platform in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.
6. Consumer Protections. The disclaimers and limitations set forth in this Section 14 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

15. Governing Law. This Agreement, the additional policies referenced herein (including the Platform’s Privacy Policy), your access or use of the Platform, any transactions made on or through the Platform, and all disputes arising from or in connection with any of the foregoing (collectively, “Disputes”) are governed by the laws of the State of Texas in the United States of America, without regard to any conflict of law rules. 

16. Dispute Resolution.

1. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all Disputes to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”) for resolution, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. Each Party acknowledges and agrees that such Party is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.
2. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 16 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
3. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in [Dallas County], Texas, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
4. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for the arbitrator’s decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all parties who have been served with proper written notice of the arbitration proceeding as required by this Section 16. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, United States of America, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.
5. Arbitration Fees and Expenses. JAMS’ administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
6. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of [Dallas County], Texas, United States of America and the United States federal courts in the [Northern District] of Texas, [Dallas Division], for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.

17. Notice. Unless otherwise expressly stated in this Agreement, Company may give or deliver all other notices to you by means of a general notice posted on this or another page of the Platform or by email to your email address as you may provide to Company on or through the Platform, and such notices shall be deemed effective as of their stated effective dates.

18. Termination; Survival. If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to Company, and the following shall survive in perpetuity: (a) all rights and privileges under this Agreement which were granted to or accrued in favor of Company and Company Representatives as of the date of this Agreement’s termination, (b) all payments which accrued as of the date of termination in connection with your use of the Platform, (c) all disclaimers, limitations of liability, and limitations of remedies set forth in this Agreement, and (d) all representations, warranties, releases, indemnifications, and other covenants made by you under this Agreement.

19. Miscellaneous.

1. Force Majeure. Company shall not be liable for delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond Company’s reasonable control (a “Force Majeure Event”), and the time for Company’s performance shall be extended by the period of any such Force Majeure Event.
2. Relationship. In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Platform, or a Party’s access or use of the Platform or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you and Company.
3. Electronic Signatures. If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement. However, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.
4. No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion.
5. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Company’s prior written consent in each instance.
6. Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
7. Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement.
8. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
9. Entire Agreement. This Agreement, together with those policies referenced herein (including the Platform’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter, and shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns.
10. Contact Us. Please direct any questions you may have about the Platform or this Agreement to [Email] with a subject line of “Website Question”. The foregoing contact information may change from time to time by supplementation, amendment, or modification of this Agreement.
11. Modification Date. This Agreement was last updated on [Date].