These Terms of Use apply to www.siphightail.com (the “Site”). The Site is the property of High Tea Holding Company, Inc (the “Company,” “us,” “our,” “we” and/or “High Tea”), and its affiliates, subsidiaries, parent company, and other related companies. The Company operates the Site, an online e-commerce platform allowing users (“Users”) connecting to buy our products and services (the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you”, “your” and “User” refer to you, our customer, a user of our Site and/or Services.

We only use data provided by Users for our own internal uses.  At no time will we disclose personal or other data regarding our Users. By using the Site or Services, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING
TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT
TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO
ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS
YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE
COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL
ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE,
AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT

BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY
OR IN A COURT OF LAW.

1. IMPORTANT DISCLAIMERS.
1.1 Acknowledgement of Applicable Laws:  THE PRODUCTS DISPLAYED AND
AVAILABLE FOR SALE ON THIS SITE (1) ARE HEMP-DERIVED PRODUCTS THAT WILL COMPLY WITH THE FEDERAL LEGAL LIIMIT CONTAINING
LESS THAN ZERO AND THREE-TENTHS (0.3%) DELTA-9
TETRAHYDROHIGH TEAABINOL (THC), (2) DO NOT CLAIM TO DIAGNOSE, TREAT,
MITIGATE, CURE, OR PREVENT ANY DISEASE, AND (3) HAVE NOT BEEN
EVALUATED OR APPROVED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION (FDA) FOR SAFETY, EFFICACY, EFFECTIVENESS, OR
QUALITY. Raspberry Basil Strawberry-Hibiscus

You expressly acknowledge that you are familiar and assume full
responsibility for cooperating and complying with all laws regarding the use, possession and consumption of the products on the Site in your state and local municipality. You are responsible for ensuring that your use of the Site and Services is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations you may maintain or enter into with applicable third-parties. User expressly acknowledges that the products available for sale on the Site not been approved by the FDA and such fact shall not constitute a breach of any term, provision, or obligation herein, and User hereby expressly waives and relinquishes any rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, such fact.

1.2 Use. The Site and the Service is controlled and operated by the Company. The
Company makes no representation that any of the materials or the Service to which you have been given access are available or appropriate for use in Your location. Your use of or access to the Service should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT
LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN
SECTIONS 8 AND 9 OR ELSEWHERE IN THIS AGREEMENT.

2. ACCESS TO AND USE OF THE SITE AND/OR THE SERVICE.

2.1 Eligibility. IN ORDER TO USE AND ENJOY THE SITE AND/OR THE SERVICE,
YOU MUST BE 21 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF
21 PLEASE IMMEDIATELY CEASE YOUR USE OF THE SITE.

2.2 Your Registration Obligations. You may register with the Company or provide
information about yourself (e.g., name and email address) in order to access and use certain features of the Site or Services. If you choose to register for the Site or Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Site’s or Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy.

2.3 Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site or Services. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph

2.4 Modifications to Services. The Company reserves the right to modify or
discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services.

2.5 General Practices Regarding Use and Storage. You acknowledge that the
Company may establish general practices and limits concerning use of the Site or
Services, including the maximum period of time that data or other content will be
retained by the Site or Services and the maximum storage space that will be allotted on the Company’s or its third-party services providers’ servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site or Services. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

3. SITE.

3.1 License. Subject to the terms of this Agreement, Company grants you a non-
assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Site and Services for your personal and, only where expressly permitted, internal business use.

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

3.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

3.4 Ownership; Restrictions. You acknowledge that all the intellectual property rights in the Site and Services, including any technology and software underlying the Site and Services, are owned by the Company or the Company’s licensors. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in any of the technology or software underlying the Site and Services. A violation of this covenant shall provide the right of the Company to secure an injunction enjoining you from the wrongful conduct. 

3.5 Service Content. You acknowledge and agree that the Site or Services may
contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site, Services or Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Site or Services in accordance with this Agreement. Any use of the Site, Services or Service Content other than as specifically authorized herein is strictly prohibited.

3.6 Trademarks. The Company name and logos (including but not limited to the
trademarks the Hightail tradename and associated logos) are trademarks and service marks of the Company (collectively, the “Company Trademarks”). Other Company, product, and service names and logos used and displayed via the Site or Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Site or Services, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

3.7 User Content. You are solely responsible for all information, data, text, messages, and other materials (“content”) that you make available to the Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Services or by emailing or otherwise making available to other users of the Site or Services (collectively, “User Content”). You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant the Company and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Site or Services and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Company and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, or the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

3.8 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Site or Services, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

4. COMMUNICATIONS.

4.1 Email Communication. You agree that we may send you emails concerning our
products and services, as well as those of third parties, and you may send emails to our designated email addresses (the “Email Communication”). You may opt-out of
promotional emails by following the unsubscribe instructions in a promotional email.

4.2 Feedback. If you provide the Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to the Company all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non- proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

5. CONDITIONS OF ACCESS AND USE.
The following sets forth Company’s acceptable use policy (collectively, the “Acceptable Use Policy”):

5.1 Technological Restrictions. You agree not to use the Site or Services to: (a)
upload, transmit, or distribute any content that (i) infringes any intellectual property or other proprietary rights of any party, (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships, (iii) contains computer viruses, worms, or any software intended to damage or alter a computer system or data, (iv) poses or creates a privacy or security risk to any person, (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable, or (vi) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or Services, or which may expose the Company or its users to any harm or liability of any type; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks; (e) attempt to or impersonate another user or us or gain unauthorized access to the Site or Services, other computer systems, or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g)
introduce software or automated agents or scripts to the Site or Services so as generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Site or Services; (h) violate any applicable local, state, national, or international law, or any regulations having the force of law; (i) solicit personal information from anyone under the age of 18; (j) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (k) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (l) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Site or Services; or (m) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Site or Services, including through the use of virtual private networks. A violation of this Section provides the Company with the right to secure an injunction enjoining the wrongful conduct. 

5.2 Monitoring, Suspension, and Termination. We reserve the right (but have no
obligation) to review any Email Communication (including any image files or other
attachments), investigate, and/or take appropriate action against you in our sole
discretion (including terminating your access to the Site and/or Service in accordance with Section 10 and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other
provision of this Agreement or otherwise create liability for us or any other person.

5.3 Competitors. No employee, independent contractor, agent, or affiliate of any
company providing products that compete with the Company’s products is
permitted to view, access, or use any portion of the Site or Services without express written permission from the Company. By viewing, using, or accessing the Site or Services, you represent and warrant that you are not a competitor of the Company or any of its affiliates, or acting on behalf of a competitor of the Company in using or accessing the Site or Services.

5.4 Fees. To the extent the Services or any portion thereof is made available for any
fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with the Company or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize the Company (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that the Company charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change the Company’s prices. You will be responsible for all taxes associated with the Service, other than taxes based on the Company’s net income.

5.5 Payment Processing. Notwithstanding any amounts owed to the Company
hereunder, THE COMPANY DOES NOT PROCESS PAYMENT FOR ANY SERVICES.
To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to this Agreement, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Company assumes no liability or responsibility for any payments you make through the Service.

5.6 Refunds and Cancellations. Payments made by you hereunder are final and non-refundable, unless otherwise determined by the Company. You may cancel your subscription online at any time within the “Manage Subscriptions” section of your account with the Site that can be accessed at https://siphightail.com/account/login. Orders that for products purchased on the Site that have already been processed prior to cancellation of a subscription may not be canceled.

5.7 Commercial Use. Unless otherwise expressly authorized herein or in the Site or
Services, you agree not to display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell, resell, grant access to,
transfer, or otherwise use or exploit any portion of the Site or Services for any
commercial purposes. The Site and Services are for your personal use.

6. INDEMNITY.

To the extent permitted under applicable law, you agree to indemnify and hold the
Company (and its subsidiaries, affiliates, officers, employees, and agents) harmless
from any and all losses, damages, liabilities, claims, actions, judgments, awards,
penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services; (ii) your use or misuse of Linked Sites; (iii) your violation of this Agreement; and/or (iv) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

7. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; OTHER
USERS; RELEASE.

7.1 Third-Party Links. The Site or Service might display links to other websites on the Internet that are owned or operated by third parties (the “Third-Party Links”). All Third- Party Links are included or displayed exclusively for the convenience of Users. The Company does not ENDORSE, REVIEW, MONITOR, MAINTAIN OR CONTROL any websites that is directed through Third-Party Links (the “Linked Sites”), and the Company is not responsible for Linked Sites, including but not limited to their contents, products, and services offered thereby. Users acknowledge and agree to take full and exclusive responsibility and not hold the Company responsible for linking to Linked Sites, such responsibility includes but not limited to all liabilities, decisions, and/or consequences associated with the Users’ accessing the Linked Sites.

7.2 Third-Party Interactions. During use of the Site or Service, you may enter into
correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers through the Service. In particular, the Company is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The Company shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third-party you interact with through the Service.

7.3 Third-Party Materials. The Site or Services might display, include, or make
available third-party content (including data, information, articles, applications, or other products, services and/or materials) services, and advertisements for third parties, including pricing and descriptions of products or services (collectively, “Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

7.4 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

8. DISCLAIMERS.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND
SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY
THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE
OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR
LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE
ARISING FROM OR RELATING TO (A) THIS AGREEMENT, (B) YOUR USE OF, OR
INABILITY TO USE, THE SITE OR SERVICES, (C) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, (D) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SITE
OR SERVICES.

ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING
THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES
ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE
THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION SHALL APPLY TO ALL USES OF OUR PRODUCTS AND SERVICES. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR
SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
IF ANY PORTION OF THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”,
“DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” IS
DETERMINED, IN A FINAL AND BINDING ORDER OF A COURT OR ARBITRATOR
(AS APPLICABLE) HAVING JURISDICTION OVER THE MATTER, TO BE INVALID
UNDER APPLICABLE LAWS FOR ANY REASON, THE INVALIDITY OF SUCH
PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF
THE APPLICABLE SECTIONS.

10. TERM AND TERMINATION.

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement by Us, your right to access and use the Site and Services will terminate immediately. We will not have any liability whatsoever to you or any third party for any termination of this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or

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