# Introduction Welcome to the official documentation for **Proposal Engine**. This document will be regularly updated with the latest product features, user guides, and more. ### Contact Information If you need any assistance or have feedback, please reach out to our support team at . # Privacy Policy *Effective as of November 01, 2024* This policy applies to the use of our product, Proposal Engine. This Privacy Policy describes how EnvZone, LLC. ("EnvZone," "we", "us" or "our") processes personal information through our website, marketing activities, live events and other activities described in this Privacy Policy (collectively, the "Service"). EnvZone may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. EnvZone provides a set of tools and services for creating, editing, and generating content. In certain cases, we process your personal information on behalf of our business customers or their affiliates (“Customers”). Our processing of this personal information is at the direction of Customers and subject to our agreements with them. This Privacy Policy does not apply to such processing. If you have a question about how this information is processed, contact the Customer. ## Personal information we collect Information you provide to us. Personal information you may provide to us through the Service or otherwise includes: * **Identifiers and contact data**, such as your first and last name, email address, billing and mailing addresses, professional title and company name, and phone number. * **Demographic data**, such as your city, state, country of residence, postal code, and age. * **Account login and profile data**, such as the username and password that you may set to establish an online account on the Service, photograph or picture, preferences, and any other information that you add to your account profile. * **Communications data based on our exchanges with you**, including when you contact us through the Service, social media, or otherwise. * **Commercial and transactional data**, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history. * **Inference and marketing data**, such as your preferences for receiving our marketing communications and details about your engagement with them. * **User-generated content**, such as photos, images, music, videos, comments, questions, messages, works of authorship, and other content or information that you generate, transmit, submit to us as part of a contest or live event, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data. * **Other data**, such as surveys, feedback, and other additional information you may submit when you use the Service. Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as: * **Device data**, such as your computer or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area. * **Internet network activity data**, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access. * **Communication interaction data**, such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails or click links within them) -- we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails. **Cookies.** Some of our automatic data collection is facilitated by cookies and similar technologies. We may also store a record of your preferences in respect of the use of these technologies in connection with the Service. Cookies and similar technologies. Some of the automatic collection described above is facilitated by the following technologies: * **Cookies**, which are small text files that websites store on user devices and that allow web servers to record users' web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites may include both "session cookies" that are deleted when a session ends, "persistent cookies" that remain longer, "first party" cookies that we place and "third party" cookies that our third-party business partners and vendors place. * **Local storage technologies**, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications. * **Web beacons**, also known as pixel tags or clear GIFs, which may be used to determine that a webpage or email was accessed or opened, or that certain content was viewed or clicked. **Data we collect from others**. We may collect information about you or others through our affiliates or through non-affiliated third parties. For example, we may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so. You may be able to access the Service through a social networking or other third-party account, such as Google. If you access the Service through a social networking account, you may allow us to have access to certain information in your social networking account profile. This may include your name, profile picture, gender, and email address. Third party sites have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult those sites' privacy policies. We may combine information that we collect from you through the Service with information that we obtain from others and information derived from other products or services we provide. ## How we use information about you We may use information about you for the following purposes, which include fulfilling our contract with you and for our legitimate business purposes: **Service delivery and operations**. We may use information about you to: * provide, operate and improve the Service and our business; * personalize the Service, including remembering the devices from which you have previously logged in and remembering your selections and preferences as you navigate the Service; * facilitate your invitations to friends who you want to invite to join the Service; * enable security features of the Service, such as by sending you security codes via email and remembering devices from which you have previously logged in; * communicate with you about the Service, events, or contests, including by sending Service-related announcements, updates, security alerts, and support and administrative messages; * provide support for the Service, and respond to your requests, questions and feedback. **Service improvement, research, and analytics**. We may use information about you to analyze your usage of the Service, improve the Service, conduct research, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services. As part of our efforts to improve the Service, we may create aggregated, de-identified and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by taking steps to remove information that makes the data personally identifiable to you. We may use aggregated, de-identified or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business and will not attempt to reidentify any such data. **Marketing**. We (directly or through our service providers) may collect and use information about you for marketing and advertising purposes: * Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the section called “Opt-out of marketing communications” below. **Events, promotions and contests**. We may use information about you to: * administer promotions and contests; * communicate with you about promotions or contests in which you participate; and * contact or market to you after collecting information about you at an event. Compliance and protection. We may use information about you to: * comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities; * protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims); * audit our internal processes for compliance with legal and contractual requirements or our internal policies; * enforce the terms and conditions that govern the Service; and * prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. **With your consent**. In some cases, we may specifically ask for your consent to collect, use or disclose information about you, such as when required by law. You may withdraw your consent at any time by contacting us at the address given at the end of this Privacy Policy or for marketing emails through the unsubscribe feature provided with each marketing email. **Cookies and similar technologies**. In addition to the other uses included in this section, we may use the Cookies and similar technologies described above for the following purposes: * Technical operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service. * Functionality. To enhance the performance and functionality of our services. * Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. For example, we use Google Analytics and Mixpanel for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: You can learn more about Mixpanel here: . ## When we disclose the information we collect about you We do disclose your information to certain third parties, as described below, to provide, build, protect, improve, and promote our products and as required by law. **Vendors**. Third parties like Amazon Web Services that provide, secure, promote, and improve our services. **Payment processors**. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe. Stripe may use your payment data in accordance with its privacy policy, . **Third parties designated by you, with your consent, or at your direction**. We may disclose information about you to third parties where you have instructed us or provided your consent to do so. For example, we may disclose information about you to third-party advertisers with whom we are collaborating to offer you additional services such as contests and promotions. This Privacy Policy does not apply to how such third parties process information about you, so please contact such third parties for more information about their privacy practices. **Account administrators**. When you join a EnvZone Enterprise or team account, the administrator of that team may access and control your account. If you created an account using an email address belonging to your employer or organization, we may disclose your email address to the administrators or representatives of that employer or organization to, for example, allow them to invite you to a EnvZone Enterprise workspace or reach out to them about purchasing EnvZone Enterprise. **Affiliates**. We may disclose information about you to our affiliates for the purposes identified in this Privacy Policy. **Business and marketing partners**. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you. **Professional advisors**. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us. **Authorities and others**. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. **Business transferees**. We may disclose information about you in the context of actual or prospective business transactions (*e.g.,* investments in EnvZone, financing of EnvZone, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to disclose certain personal information to prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of EnvZone as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets. **Other users and the public**. Your profile and other user-generated content data (except for messages) may be visible to other users of the Service and the public. For example, other users of the Service or the public may have access to your information if you chose to make your profile or other personal information available to them through the Service, such as when you invite collaborators, provide comments, reviews, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information. ## Exercising your rights and choices **Access, correct, or update your information**. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account. **Opt-out of marketing communications**. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. **Cookies**. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit [www.allaboutcookies.org](http://www.allaboutcookies.org). You can also configure your device to prevent images from loading to prevent web beacons from functioning. **Blocking images/clear gifs**. Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings. **Privacy settings**. We make available certain privacy settings on the Service, including allowing you to make assets like your files, images, audio tracks, and projects sharable versus private. We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above. **Do Not Track**. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" signals. To find out more about "Do Not Track," please visit . **Linked social media networking sites or other third-party platforms**. If you choose to connect to the Service through a third-party platform like Google, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party. **Delete your content or your account**. You can choose to delete your account, which deletes all of the media files, such as images, content tied to that account. ### Additional US state-specific and other jurisdiction-specific rights In addition to the above rights, your local laws may afford you further rights such as: * Right to know the categories and specific pieces of personal information we have collected, used, or shared; * Right to delete, correct, or update your personal information; * Right to prevent the processing of your information for direct marketing purposes (including any direct marketing processing based on profiling); * Right to restrict the way that we process and disclose certain information about you; * Right to object to certain processing of your personal information; * Right to revoke your consent for the processing of your personal information; * Right to be free from discrimination for exercising your rights; and * Right to data portability You can exercise the above rights by submitting a request via email to . To protect your privacy and security, we take reasonable steps to verify your identity and requests before granting such requests. If we are unable to verify your identity, we may be unable to respond to your requests. Please note that certain information may be exempt from such requests under applicable law. For example, we may retain certain information for legal compliance and to secure the Service. We may need certain information to provide the Service to you; if you ask us to delete it, you may no longer be able to use the Service. ### Residents of the European Economic Area and United Kingdom EnvZone is considered the “data controller” of the “personal data” (as defined under the General Data Protection Regulation) we handle under this Privacy Policy. In other words, EnvZone is responsible for deciding how to collect, use, and disclose personal data, subject to applicable law. The laws of the European Economic Area and the United Kingdom require data controllers to tell you about the legal ground that they rely on for using, sharing, or disclosing your personal data. To the extent those laws apply, our legal grounds are as follows: * **Contractual Commitments**: We may use, share, or disclose personal data to honor our contractual commitments to you. For example, we will process your personal data to comply with our agreements with you, and to honor our commitments in any contracts that we have with you. * **With Your Consent**: Where required by law, and in some other cases, we use, share, or disclose personal data on the basis of your consent. * **Legitimate Interests**: In many cases, we use, share, or disclose personal data on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, analyzing and improving our business, providing security for the Service and other products and services we may offer, preventing fraud, and managing legal issues. * **Legal Compliance**: We need to use and disclose personal data in certain ways to comply with our legal obligations. In addition to the rights described above, residents of the European Economic Area and United Kingdom have the right to lodge a complaint with your relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern. ### Other sites and services The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use. ## Security We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information. ### Data retention We will retain your information for only as long as necessary to provide the Service and for the other legitimate business purposes set out in this Policy such as safety, security, compliance, and dispute resolution. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the information, applicable legal requirements, and our legitimate interests. For example, we will retain face scans and voiceprints for no longer than the earlier of the date the initial purpose for collecting the data is satisfied or within three years of your last interaction with us. ### International data transfer We are headquartered in the United States and may use service providers that operate in other countries. By using the Service, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable countries in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen. ## Children The Service is not intended for use by anyone under 13 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information. ## Changes to this Privacy Policy We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business. ## How to contact us Email: # Terms of Use *Effective as of November 01, 2024* This policy applies to the use of our product, Proposal Engine. PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES (COLLECTIVELY, THE “WEBSITE”) OF ENVZONE, LLC. (THE “COMPANY”) ARE CONTROLLED BY COMPANY. THESE TERMS OF USE GOVERN YOUR USE OF COMPANY’S SERVICES (THE “SERVICES”), INCLUDING OUR WEBSITE, HOSTED SERVICES, SOFTWARE APPLICATIONS, AND APIS. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING OR USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES. IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU ACT IN ACCORDANCE WITH SECTION 8.4 (AUTOMATIC RENEWAL) BELOW. PLEASE BE AWARE THAT SECTION 16 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. Please read the Company’s Privacy Policy, a separate document that explains how the Company collects and uses personal information. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.” PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. If you do not agree to any change(s) after such change(s) have been made, you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. ## 1. Our obligations ### 1. We shall: 1. provide to you access to the Proposal Engine AI solution and/or our Services in line with the Contract; 2. provide to you any services you may be entitled to as part of your subscription with reasonable care and skill; and 3. reasonably co-operate with you in relation to your use of the Proposal Engine AI solution and/or our Services. ### 2. We: 1. do not warrant that your access to and use of the Proposal Engine AI solution and /or the Services will be uninterrupted or error-free; 2. do not warrant that your use of the Proposal Engine AI solution and/or the Services will meet your requirements; 3. shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that availability of the Proposal Engine AI solution and/or our Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 4. The Contract shall not prevent EnvZone from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under the Contract. ## 2. Your obligations ### 1. You shall: 1. provide to us details we request from you, which we may reasonably need to grant you access to or to provide to you the Proposal Engine AI solution and/or our Services, including your Slack (or similar communication system) account information; 2. ensure all information you give us is correct and up-to-date at all times, and notify us immediately of any changes to your contact, billing and payment details; 3. pay any Fees (as defined below) we charge you; 4. follow the instructions and directions we give you about using the Proposal Engine AI solution and/or our Services and only use them in accordance with all applicable laws, rules and regulations; 5. make sure everyone under your supervision and who may use or do anything in relation to the Proposal Engine AI solution and/or our Services also meets the responsibilities set out in these Terms; 6. not share your username, password or account login details with anyone; 7. notwithstanding the general prohibition to share your username, password or account login details with anyone, be responsible and liable for any use by any other person (authorised or unauthorized) of the Proposal Engine AI solution and/or our Services, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the Proposal Engine AI solution and/or our Services or breaches these Terms or suffers any injury or damage to their property; 8. not do or omit to do anything which could damage our goodwill or bring our reputation into disrepute; and 9. ensure that you comply with all our current policies made available by us to you from time to time, including but not limited to any acceptable use terms and any other standards or policies which we may publish. ### 2. You must not: 1. attempt to copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised by these Terms) content and information contained on or obtained from or through your use of the Proposal Engine AI solution and/or our Services unless permitted by applicable law, or you have obtained an express prior written permission from us, or the content and information in question have been intended and designated for further transmission or broadcasting; 2. circumvent, remove, alter, deactivate, degrade or manipulate by any other means with any content or other protections in EnvZone and/or our Services; 3. use any robot, spider, scraper or other automated means to access the Proposal Engine AI solution and/or our Services, including any content or information obtained from their use; 4. decompile, reverse engineer or disassemble the Proposal Engine AI solution and/or our Services or processes made accessible through our Services (except as permitted by applicable law); 5. insert any code or product or manipulate the content of the Proposal Engine AI solution and/or our Services in any way; 6. use any data mining, data gathering or extraction method; 7. infringe any third party's rights; 8. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Proposal Engine AI solution and/or our Services. We may reject, modify, or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else; or 9. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Proposal Engine AI solution and/or our Services, including any software viruses or any other computer code, files or programs. ### 3. You acknowledge and agree that you shall be responsible for all information technology Computer devices and third-party services required to allow you to access and use the Proposal Engine AI solution and/or our Services (including your internet service provider, electricity service provider, as well as the provider of Slack or similar communication systems), as well as for all obligations and charges you may owe (including but not limited to broadband or mobile data charges, electricity charges, and subscription charges). ## 3. Intellectual property rights 1. In this section 6, “Intellectual Property Rights” means any patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and rights in domain names, rights in goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world. 2. You acknowledge that all Intellectual Property Rights in the Proposal Engine AI solution or Services, including any materials provided by us to you in connection with the Proposal Engine AI solution or Services, shall belong to EnvZone or any relevant third-party owners (as the case may be), and you shall have no rights in or to the Proposal Engine AI solution or Services other than the right to use it in accordance with the Contract terms. 3. You agree not to take any action inconsistent with EnvZone’s ownership of its Intellectual Property Rights and agree not to challenge EnvZone’s ownership or use of such Intellectual Property Rights and further agree not to attempt to register any such Intellectual Property Rights, owned or used by EnvZone or any other names or marks confusingly similar thereto. 4. You are the holder of rights in any material you make available to us, including through the Proposal Engine AI solution and/or the Services. When you make available material to us, you grant us a non-exclusive, royalty-free, fully paid-up, worldwide, sublicensable, non-revocable license to use and reproduce such material for the purpose of enabling the Proposal Engine AI solution to deliver outcomes or content to you, providing Services to you, and/or improving the operation of the Proposal Engine AI solution and/or our Services. 5. We acknowledge that the Customer is the holder of rights in the Customer’s company logo. Unless we explicitly agree otherwise in writing, the Customer grants us a non-exclusive, royalty-free, fully paid-up, worldwide, non-revocable license to use, reproduce, distribute, and publicly display the Customer’s company logo, in any and all media, whether now known or hereafter invented or devised, for purposes of marketing of the Proposal Engine AI solution and/or our Services, including for referencing existing customers. 6. Where you provide to us your input, comments or suggestions regarding our business and technology direction and/or the possible creation, modification, correction, improvement or enhancement of the Proposal Engine AI solution, Services, any software, or products we offer (collectively “Feedback”), you grant to us a non-exclusive, perpetual, irrevocable, worldwide, transferable, royalty-free license, with the right to sublicense through multiple tiers, to use, publish, disclose, perform, copy, make, have made, use, modify, create derivative works, distribute, sell, offer for sale and otherwise benefit from Feedback in any manner and via any media. ## 4. FEES AND PURCHASE TERMS. **4.1 Payment.** You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) through a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing Company with your credit card number or other payment method and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card or other payment method used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you. **4.2 Service Subscription Fees**. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your annual package (each, a “Service Commencement Date”). Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and Company for the Services until Company accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. **4.3 Taxes**. You are responsible for all applicable taxes. Company will charge tax when required. **4.4 Automatic Renewal**. If you purchase a subscription to the Services, Company will automatically charge your payment method each renewal period for the then-current subscription fee until you cancel or when terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Company’s then-current price for such subscription. You may cancel your subscription by logging into and going to the “Plans & Billing” page of your “Workspace Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the “Plans & Billing” page on your “Workspace Settings” page. If you cancel or downgrade your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Company does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). ## 5. INDEMNIFICATION. You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, and representatives (each, a “Company Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content or Your Applications; (b) your use of, or inability to use, any Services; (c) your violation of the Agreement; (d) your infringement, misappropriation, or violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services. ## 6. DISCLAIMER OF WARRANTIES AND CONDITIONS. **6.1 As Is**. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. (a) YOUR USE OF OUTPUTS IS AT YOUR SOLE RISK. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. (b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. (c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. (e) FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS. **6.2 No Liability for Conduct of Third Parties**. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. **6.3 No Liability for Conduct of Other Users**. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. COMPANY MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICES. **6.4 Third-Party Materials. As a part of the Services**, you may have access to materials that are hosted by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk. ## 7. LIMITATION OF LIABILITY. **7.1 Disclaimer of Certain Damages**. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. **7.2 Cap on Liability**. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100 US DOLLARS; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. **7.3 User Content**. EXCEPT FOR COMPANY’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE COMPANY’S PRIVACY POLICY, COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. **7.4 Exclusion of Damages**. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. **7.5 Basis of the Bargain**. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. ## 8. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Company’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is as follows: EnvZone Copyright Agent, , 1801 California St, Ste 2400, Denver, CO 80202. ## 9. MONITORING AND ENFORCEMENT. Company reserves the right to: (a) remove or refuse to post any of your Content in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the the Services or the public, or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the the Services; and/or (e) terminate or suspend your access to all or part of the the Services for any or no reason, including without limitation, any violation of this Agreement. If Company becomes aware of any possible violations by you of the Agreement, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Company’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company, its Registered Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate. ## 10. TERM AND TERMINATION. **10.1 Term**. The Agreement commences on the earlier of (a) the date when you accept them (as described in the preamble above) or (b) the date you first used the Services, and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement. **10.2 Termination of Services by Company**. If timely payment cannot be charged to your Payment Provider for any reason, if you have breached any provision of the Agreement, or if Company is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Account. **10.3 Effect of Termination**. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services may also include deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content; *provided, that*, any of Your Content that you previously Made Available in any “public” areas of the Service may be retained in perpetuity. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, warranty disclaimers and limitation of liability. **10.4 No Subsequent Registration**. If your registration(s) with, or ability to access, the Services or any other Company community, is discontinued by Company due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those the Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. ## 11. Confidentiality In order to perform its obligations under the Contract, each party may be given access to information of the other party (including that of its Users) that is proprietary or confidential and is either clearly labelled or identified as such (“Confidential Information”). A party's Confidential Information shall not be deemed to include information that: 1. is or becomes publicly known other than through any act or omission of the receiving party; 2. was in the other party's lawful possession before the disclosure; 3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or 4. is independently developed by the receiving party, which independent development can be shown by written evidence. Subject to clause 11.4, each party shall hold the other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Contract. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Contract. A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.4, it takes into account the reasonable requests of the other party in relation to the content of such disclosure. The above provisions of this clause 11 shall survive termination of this Contract, however arising. ## 12. INTERNATIONAL USERS. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Company intends to announce such Services or Content in your country. The Services are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. ## 13. DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company Parties and limits the manner in which you can seek relief from the Company Parties. **13.1 Applicability of Arbitration Agreement**. You agree that any dispute between you and any of the Company Parties relating in any way to the Services or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of this Agreement and shall apply, without limitation, to all claims that arose or were asserted before the Term start date or any prior version of this Agreement. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement. **13.2 Informal Dispute Resolution**. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: . The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. **13.3 Attorneys’ Fees and Costs**. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Conference, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. **13.4 30-Day Right to Opt Out**. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 1801 California St, Ste 2400, Denver, CO 80202. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us. **13.5 Invalidity, Expiration**. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. **13.6 Modification**. Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: 1801 California St, Ste 2400, Denver, CO 80202. Unless you reject the change within thirty (30) days of such change become effective by writing to Company in accordance with the foregoing, your continued use of the Services, including the acceptance of products and services offered on the Website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement. ## 14. THIRD-PARTY SERVICES. The Company may provide links to third-party websites or apps for your convenience only, and they are subject to the third party’s terms. The Company isn’t responsible or liable for those websites, products, or services. **14.1 Third Party Service Provider**. The Company uses Stripe, Inc. and its affiliates as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Third Party Service Provider”). By buying or selling on any Services, you agree to be bound by Stripe’s Privacy Policy (currently accessible at ) and its Terms of Service (currently accessible at ) and hereby consent and authorize the Company and Stripe to share any information and payment instructions you provide with one or more Third Party Service Provider(s) to the minimum extent required to complete your transactions. ## 15. GENERAL PROVISIONS. **15.1 Electronic Communications**. The communications between you and Company may take place via electronic means, whether you visit the Services or send Company e-mails, or whether Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”). **15.2 Assignment**. You may not assign the Agreement, or your rights and obligations hereunder without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. **15.3 Force Majeure**. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. **15.4 Questions, Complaints, Claims**. If you have any questions, complaints or claims with respect to the Services, please contact us at: . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. **15.5 Exclusive Venue**. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Denver County, Colorado. **15.6 Governing Law**. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF COLORADO, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. **15.7 Choice of Language**. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. **15.8 Notice**. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: 1801 California St, Ste 2400, Denver, CO 80202. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. **15.9 Terms Updates**. We may make changes to the Terms of Use from time to time, and if we do, we will notify you by revising the date at the top of the Terms of Use. In some cases, we will provide you with additional notice as required by law. For example, we will not make changes that have the effect of imposing additional fees or charges without providing additional notice. Any such changes will not apply to any dispute between us arising prior to the date on which we posted the revised Terms of Use incorporating such changes, or when the Terms of Use otherwise become effective. Please review the Terms of Use regularly. Unless otherwise noted, the amended Terms of Use will be effective immediately, and your continued use of our Services confirms your acceptance of the changes. If you do not agree to the amended Terms of Use, you must stop using our Services. **15.10 Waiver**. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. **15.11 Severability**. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. **15.12 Export Control**. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. **15.13 Consumer Complaints**. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. **15.14 Entire Agreement**. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.