TERMS OF SERVICE

1. INTRODUCTION

These Terms of Service (“the Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Runnit, Inc. ("Company", "we", "us" or "our"), concerning your access to and use of the https://www.rundiffusion.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in Utah, United States, and have our registered office at 1633 W. Innovation Way, Floor 3, Suite 390, Lehi, UT 84043. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions are subject to such regulations, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least eighteen (18) years of age. Persons under the age of eighteen (18) may only use or register for the Site if they are doing so under the supervision of an adult who is at least eighteen (18) years of age.

2. DEFINITIONS

For the purposes of these Terms, the following definitions apply:

• Account: An individualized registration established by an End User with a unique username and password grants access to the Company's Products and Services. The Account is personal to the End User and is subject to the Terms, Conditions, and Company policies governing its use.
• End User Content: Any materials or other information made available to the Company by an End User, including but not limited to trademarks, trade names, and service marks for any customization of the Products and Services.
• End UserData: Information obtained through an End User's use of licensed Company Products and Services.
• Documentation: Company or its licensors' user manuals and other published protocols, standards, and technical specifications for use with the Products and Services, as updated from time to time.
• End User: A person or entity that has purchased or acquired the right to use Products and Services for its internal business purposes and has accepted these Terms.
• Intellectual Property Rights: Current and future worldwide rights under patent, copyright, trade secret, trademark, tradename, moral rights, mask works, and other similar rights, whether specifically recognized or perfected under the laws of the jurisdiction in which the Products and Services are used or offered.
• Products and Services: Company's standard software as a service (SaaS) platform, comprising Company technology products and the Site - including, but not limited to, administrative portals, user portals, third-party applications or integrations, storage systems, model training applications, or virtual servers/GPUs. This also includes Company-provided professional services or solutions engineering support such as AI workflow education and training, data curation services, model creation and training services, and general account management and customer support.
• Subscription Service: The Company's proprietary subscription-based SaaS offering.
• Trademark(s): The Company's trademarks, logos, service marks, and trade names, whether registered or not.
• Site: The Company's websites or sites registered under Runnit Inc., including but not limited to Runnit.ai and RunDiffusion.com

3. CHANGES TO TERMS OF SERVICES (“TERMS”)

We may modify the Terms at any time at our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications as outlined in our website policies. It's important that you review the Terms whenever we modify them because continuing to use the Products and Services after posting modified Terms on the Site indicates that you agree to be bound by the modified Terms.

4. WHO MAY USE THE PRODUCTS AND SERVICES

4.1 Eligibility

You may use the Products and Services only if you are at least eighteen (18) years of age, or if under eighteen (18) years of age, you do so under the supervision of an adult who is at least eighteen (18) years of age. Additionally, you must not be barred from using the Products and Services under applicable law and must be an End User in good standing with the Company.

4.2 Registration and Your Information

If you want to use certain features of the Products and Services, you must create an Account. It's important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete, and up-to-date.

4.3 Corporate End Users

For business entities that set up team, enterprise, or other multi-user plans, the entity is responsible for managing all End User Accounts, including defining user roles and permissions. If an End User leaves the organization, the entity may delete that Account or reassign it to another End User.

5. USE OF THE PRODUCTS AND SERVICES

5.1 Provision of Services

Subject to these Terms, the Company grants you a non-exclusive, non-transferable, non-assignable, limited license to use the Products and Services for your business or personal purposes. All rights not expressly granted are reserved by the Company. The Company reserves the right to make changes, modifications, and enhancements to the Products and Services and Documentation from time to time. You agree that purchases hereunder are neither contingent on the delivery of any future functionality, features, or content nor dependent on any oral or written public comments made by the Company regarding future functionality or features.

5.2 Access and Use

To access the Products and Services, each End User will create or have an Account created for them, and by accessing their Account, they accept these Terms.

5.3 Restrictions

End Users shall not and shall not permit any third party to sub-license, resell, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure, ideas, or algorithms of the Products and Services.

5.4 Acceptable Use

You agree not to misuse the Products and Services. For example, you must not, and must not attempt to, do the following things:

• Use the Products and Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material or to store or transmit material in violation of third-party privacy rights. This includes material that is illegal, unlawful (including, but not limited to, uploading copyrighted images via the Products and Services without the consent of the copyright owner), defamatory, unethical, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights (including, but not limited to, uploading images of individuals via the Products and Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”);
• Knowingly use the Products and Services to store or transmit malicious code;
• Knowingly interfere with or disrupt the integrity or performance of the Products and Services;
• Attempt to gain unauthorized access to the Products and Services or their related systems or networks;
• Probe, scan, or test the vulnerability of any system or network;
• Breach or otherwise circumvent any security or authentication measures;
• Access, tamper with, or use non-public areas of the Products and Services, the Company's computer systems, or the technical delivery systems of the Company's providers;
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Products and Services to send altered, deceptive, or false source-identifying information;
• Interfere with or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Products and Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Products and Services.

6. SERVICE LEVELS

6.1 Uptime

The Company will make commercially reasonable efforts to make the Products and Services available in accordance with prevailing industry standards except for (a) planned downtime or (b) any unavailability caused by circumstances beyond the Company's reasonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Company employees), internet service provider failures or delays, or denial of service attacks.

6.2 Support Response Time

The Company will make commercially reasonable efforts to resolve critical vulnerabilities within three (3) calendar days and high vulnerabilities within seven (7) calendar days.

6.3 Scheduled Maintenance

The Company shall make commercially reasonable efforts to schedule routine maintenance during off-peak hours and to provide advance notice of such maintenance. In exceptional circumstances, the Company reserves the right to perform emergency maintenance without prior notice to address critical security vulnerabilities or other imminent threats.

6.4 Data Backup and Recovery

The Company shall perform regular backups of End User data stored using the Products and Services daily and maintain a comprehensive disaster recovery plan. Users and End Users are contingent to

6.5 Security Measures

The Company will provide the Products and Services only per applicable laws and government regulations and implement industry-standard security measures to protect against unauthorized access, data breaches, or other security threats.

6.6 Disaster Recovery

Company shall maintain a comprehensive disaster recovery plan designed to minimize downtime and data loss in the event of a catastrophic failure.

7. DATA PRIVACY AND INFORMATION SECURITY

7.1 Company Responsibilities

The Company shall implement and maintain industry-standard security measures to protect the End User and comply with all applicable data privacy and security laws and regulations.

7.2 End User Responsibilities

End User shall: (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Products and Services, and notify Company promptly should End User become aware of any such unauthorized access or use; and (ii) use the Products and Services solely for their intended purposes, in compliance with any applicable laws or government regulations, and as outlined in these Terms.. Business entities that set up team, enterprise, or other multi-user plans shall not: (a) make the Products and Services available to anyone other than its authorized End Users; (b) permit any children, as defined under applicable law such as COPPA or GDPR, to register as authorized End Users or use the Products and Services without the supervision of a person who is at least eighteen (18) years of age; (c) knowingly use the Products and Services to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights; (e) knowingly use the Products and Services to store or transmit Malicious Code; (f) knowingly interfere with or disrupt the integrity or performance of the Products and Services; or (g) attempt to gain unauthorized access to the Products and Services or its related systems or networks.

7.3 Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States. You agree to have your data transferred to and processed in the United States.

8. FEES AND PAYMENT

8.1 Subscription Fees

The End User shall pay subscription fees as outlined or noted on the Site's billing page.

8.2 Payment Schedule and Invoicing

Subscription fees shall be invoiced to the End User per their plan or use of the Products and Services

8.3 Late Payments

Late payments may be subject to fees outlined in the applicable SaaS Services Agreement. For business entities that set up team, enterprise, or other multi-user plans, if the business fails to make payment within the terms outlined in their respective invoice, the company may charge up to 1% calculated monthly subscription fees. If an End User fails to make payment for purchased Products and Services, the Company may elect to suspend the End User's use of the Products and Services until payment is made. The End User agrees to pay all reasonable legal fees and other collection costs that may be incurred by the Company.

For questions about refunds, please see our Refund Policy.

8.4 Taxes

End Users are responsible for and shall pay any federal, state, or local sales, use, or value-added taxes incurred by the End User's use of the Products and Services performed or payments made hereunder.

9. CONFIDENTIALITY

9.1 Confidential Information

Confidential Information (“Confidential Information”) means any intellectual property, material, data, or information, in any form or media, that is proprietary or confidential to a disclosing Party and is marked as confidential, or by its nature or treatment by its owner should reasonably be considered confidential. Confidential Information does not include information that: (i) is or becomes publicly available without breach of these Terms; (ii) was known to the receiving Party before its disclosure by the disclosing Party without breach of any obligation owed to the disclosing Party; (iii) is independently developed by the receiving Party after disclosure without breach of these Terms; or (iv) is obtained by the receiving Party from a third-party without any confidentiality obligation.

9.2 Use and Disclosure

The receiving Party will use the disclosing Party's Confidential Information solely to perform its obligations under these Terms and will take all reasonable steps to safeguard the disclosing Party's Confidential Information. The receiving Party must not disclose the disclosing Party's Confidential Information except to those who have a need-to-know and are bound by written confidentiality obligations no less restrictive than these Terms. The receiving Party may disclose Confidential Information as required by law, provided that the receiving Party gives the disclosing Party reasonable written notice to allow the disclosing Party to seek a protective order or other appropriate remedy.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Company Trademarks

End Users expressly agree that ownership and all rights, titles, and interest in the Trademarks, including any goodwill, is and will remain vested solely in the Company or its licensors. All use of the Trademarks will be for the sole benefit of the Company and its licensors.

10.2 Company Intellectual Property

The Company and/or its licensors own and retain all right, title, and interest to and in all copyright, trademarks, trade names, and all other intellectual property rights in the Company Products and Services, Documentation, training materials, database rights, know-how, developments, research data, designs, layout, processes, formulae, mask works, documents, drawings, specifications, or any other Company proprietary materials or derivative works. End Users do not acquire any rights, express or implied, in the Products and Services other than those expressly set forth in these Terms.

10.3 End User Data

End Users retain ownership of all data provided and made available to the Company directly or through the use of the Products and Services. End Users grant the Company a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and otherwise process End User Data solely for the purpose of providing the Products and Services. We can not guarantee API keys being used by third parties.

10.4 Suspension

The Company reserves the right to suspend any End User's access to the Products and Services for violation of these Terms or for any other reason deemed necessary by the Company to protect the integrity and security of the Products and Services.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY BE LIABLE UNDER THESE TERMS OR OTHERWISE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHETHER AN ACTION IS IN CONTRACT, TORT, OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE OR REASONABLY FORESEEABLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITH THE EXCEPTION OF A CLAIM FOR INFRINGEMENT, WILLFUL MISCONDUCT, FRAUD, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, OR AN END USER'S FAILURE TO COMPLY WITH THE LICENSE OR PAYMENT TERMS, WILL THE COMPANY'S CUMULATIVE LIABILITY TO ANY END USER FOR DIRECT DAMAGES EXCEED THE TOTAL OF ALL PAYMENTS MADE TO THE COMPANY BY THE APPLICABLE END USER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY CLAIM BROUGHT BY AN END USER MORE THAN TWENTY-FOUR (24) MONTHS AFTER THE END USER BECAME AWARE OF THE ISSUE GIVING RISE TO THE CLAIM.

13. WARRANTIES AND DISCLAIMERS

13.1 General Warranty

The Company represents and warrants the Products and Services shall be delivered and provided per generally prevailing industry standards and perform substantially in conformance with the Documentation provided by the Company.

13.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13.3 Warranty as to Results

The Company does not warrant that the use of the Products and Services will be uninterrupted or error-free, nor does it warrant the results obtained from the use of the Products and Services.

13.4 Disclaimer for Third-Party Components

The Company Products and Services may include or be integrated with third-party components. The Company makes no warranty regarding the performance, compatibility, or suitability of such third-party components.

14. INDEMNIFICATION

14.1 Indemnification

End User agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) End User's use of the Company's Products and Services; (b) Any content, data, or material provided by the End User or generated through the use of the Products and Services, including but not limited to AI-generated images; (c) Any claim that the AI-generated images or any other output from End Users' use of the Products and Services infringe, misappropriate, or violate the intellectual property rights, privacy rights, or other rights of any third-party; or (d) Any claim arising from End User's breach of these Terms, or End User's representations and warranties contained herein.

14.2 Procedures for Indemnification

If any claim, suit, or proceeding is brought against the Company for which the End User is obligated to indemnify the Company under this Section 14, the Company shall promptly notify the End User in writing of such claim. Failure to provide prompt notice shall not relieve the End User of its indemnity obligations except to the extent that the delay materially prejudices the End User's ability to defend the claim. The End User shall have the exclusive right to control the investigation, defense, and settlement of the claim and shall not settle any claim admitting liability or wrongdoing by the Company without the Company's prior written consent. The Company agrees to provide reasonable cooperation, information, and assistance to the End User in the defense of the claim, all at the End User's sole expense. It reservess the right to participate in the defense at its own expense with counsel of its choosing.

14.3 Limitation on Indemnification

The indemnifying party's indemnification obligations under this Section shall not apply to the extent that any claim is attributable to the indemnified party's gross negligence, willful misconduct, breach of these Terms, or violation of applicable law.

15. Dispute Resolution

15.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

15.2 Binding Arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The AAA Consumer Rules shall govern your arbitration fees and your share of arbitrator compensation and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such costs to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will occur in Utah County, Utah. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Utah County, Utah, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA)are excluded from these Terms.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than twelve (12) months after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

15.3 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

15.4 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. GENERAL

16.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified only to the extent necessary to make it enforceable, and the validity and enforceability of the remaining provisions shall not be affected.

16.2 Governing Law

These Terms will be governed by the laws of the State of Utah, United States of America, without regard to its conflicts of law principles. Both Parties consent to the exclusive jurisdiction and venue of the state and federal courts for the State of Utah, United States of America, and expressly waive any objections or defense based upon lack of personal jurisdiction or venue. Each Party waives the right to jury trial for any legal action, in law or equity. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) shall not apply.

16.3 European AI Act

Definition of AI Systems: The Company offers front-end services to open-source AI generative tools in our Products and Services to End Users.

Risk Classification: According to the EU AI Act of 2024, the Company lists our Products and Services as a Limited-Risk AI entity as End Users are clearly informed they are interacting and generating with AI.

Compliance: All AI systems distributed by the Company comply with the requirements of the European AI Act henceforth, as described in these Terms and our service providers.

Transparency: The Company's Products and Services are limited-risk AI systems. Company clearly informs all End Users that they are interacting with an AI system, as stated on the Site and in these Terms.

End User Responsibilities: End Users are responsible for maintaining all compliances necessary with using the Company's Products and Services and distributing any and all content using these Products and Services per all applicable laws in their respective jurisdictions.

Limitations of Liability: Company liability is limited as outlined in Sections 7 and 12 of these Terms.

Cooperation with Authorities: The Company will cooperate with relevant authorities in the EU to ensure compliance with the AI Act.

Data Protection: For GDPR and other data protection provisions, see Section 7 of these Terms.

Intellectual Property Rights: As outlined in Section 10 of these Terms.

Dispute Resolution: Any disputes arising from these Terms are subject to Section 15 of these Terms.

16.4 Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, with or without prior notice.

16.5 Force Majeure

Neither Party will be deemed in default of these Terms to the extent that performance of its obligations, or attempts to cure any breach, are delayed or prevented by reason of circumstance beyond its reasonable control, including without limitation acts of government, riot, war, fire, natural disaster, earthquake, pandemics, endemics, accidents or other acts of God and which renders the Party's performance impossible.

16.6 Notice

Any notices or other communications required or permitted hereunder or required by law will be in writing and will be sent by email to the Company at admin@rundiffusion.com.

16.7 Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

16.8 CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 574-7720.

16.9 Entire Agreement

These Terms constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede any and all other agreements, either oral or in writing. Both Parties acknowledge they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein.