Terms of Service

Revised and Effective as of: 3/10/2025

These Terms of Service (including all of our other terms and policies referenced herein, these “Terms”) constitute a legal agreement between KOT, LLC d/b/a Kot Level Up Fishing (“KOT”, “we”, “us”, or “our”) and you, regardless of your corporate form or if you are an individual, and it governs your use of, and dealings with us, any of our products and/or services, including our website (https://KotFish.com/), Platform (as defined below), and integrated services (collectively, the “Services”). For the purposes of these Terms, the terms “you”, “your”, “yourself” and “User” means you as the user of the Services.

BY REGISTERING TO USE, LOGGING INTO, ACCESSING, OR USING THE SERVICES OR OTHERWISE INDICATING YOUR ACCEPTANCE TO THESE TERMS WHENEVER THE OPTION IS PRESENTED TO YOU: (A) YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THE MOST CURRENT VERSION OF THESE TERMS; (B) YOU ARE REPRESENTING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT WITH US; (C) YOU ARE ACCEPTING THESE TERMS AND AGREEING THAT YOU ARE LEGALLY BOUND BY THESE TERMS; (D) YOU ARE AGREEING THAT THESE TERMS WILL BE DEEMED TO SATISFY ANY REQUIREMENT UNDER APPLICABLE LAW THAT AN AGREEMENT BETWEEN YOU AND US BE IN WRITING; AND (E) YOU ARE AGREEING THAT YOUR ACTIONS IN REGISTERING FOR OR LOGGING INTO THE SERVICES OR OTHERWISE INDICATING YOUR AGREEMENT TO THESE TERMS WILL BE DEEMED TO BE YOUR VALID AUTHENTICATED SIGNATURE FOR PURPOSES OF ANY APPLICABLE LAW REQUIRING THAT THESE TERMS BETWEEN YOU AND US BE SIGNED BY YOU IN WRITING.

IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER LEGAL ENTITY (A “LEGAL ENTITY”) THAT IS NOT A NATURAL PERSON, YOU ACKNOWLEDGE, REPRESENT, AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS WILL ALSO BE READ TO REFER TO THAT LEGAL ENTITY.

MAKE SURE YOU READ THIS AGREEMENT AND THE PRIVACY POLICY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO USE THE SERVICES. These Terms and our Privacy Policy (collectively, the “Agreement”) define the terms and conditions under which you’re allowed to use the Services in accordance with the Agreement, which in addition to our Privacy Policy, describe how we’ll treat your account and the data we collect and process about you while using the Services. If you don’t agree to these Terms, you must immediately discontinue your use of the Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND KOT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND KOT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Changes to these Terms. We may unilaterally amend any part of these Terms at any time by posting amended terms on our website kotfish.com or our mobile application (collectively, the “Platform”) and you acknowledge that EACH TIME YOU USE ANY OF THE SERVICES, YOU AGREE TO THE CURRENT VERSION OF THESE TERMS. However, unless you agree to changes to this Agreement by using any of the Services, amendments we make to this Agreement will not impose new obligations on you with respect to any actions you took before the change became effective. Any changes become effective as of the “Last updated” date below.
Account
1. Account Activation. We will provide you with an account (the “Account“) in order to use the Services. You are fully responsible for all activities performed on, with or through your account.
2. Account and Password. We will not be held liable or responsible for any unauthorized access or misuse of the Services by you. You agree that you will promptly notify us of any violation or suspected violation of this Agreement.
3. Sharing Account Access. You acknowledge that we do restrict sharing of accounts and passwords and agree that you will be responsible for any liability to the extent arising from such use or sharing of accounts. You agree to comply with all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Services but especially those related to data privacy. You shall be responsible for any breach of this Agreement. You agree that you will promptly notify us of any violation or suspected violation of this Agreement.
4. Changes to Account Information. You agree to keep the information in your Account current. You must promptly update your Account with any changes affecting you or any other pertinent information. We may suspend your Account or terminate these Terms if, in our sole judgment, you fail to keep this information current.
Services
1. License to the Services. Subject to the terms and conditions of this Agreement, we grant to you, a non-exclusive, non-transferable, non-assignable (except as set out in Section 17.3 below), worldwide, limited right to access the Platform and to utilize the Services (as such Services may be modified, revised and updated in accordance with this Agreement).
2. Restrictions on Use. Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. By using the Services, you represent, warrant, covenant, and agree that:
  1. you will not engage in any act not expressly permitted by these Terms, or access or use the Services in violation of these Terms or in violation of any applicable laws, rules or regulations;
  2. you will not access or use the Services if you are not fully able and legally competent to agree to these Terms;
  3. you will not interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  4. you will not take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
  5. you will not resell or make any commercial use of the Services or any of the Service content;
  6. you will not modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
  7. you will not copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any trademarks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise;
  8. you will not use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services;
  9. you will not harvest or scrape any content from the Services, or use other automated or manual means to take our content without our prior consent;
  10. you will not bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services;
  11. you will not run any form of auto-responder or “spam” on the Services;
  12. you will not otherwise take any action in violation of these Terms or our Privacy Policy
  13. you will not upload content to the Services that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals; and
  14. you will not upload content that is pornographic or provides materials or access to materials that exploit people in an abusive, violent or sexual manner.
Use of Platform. During the Term of this Agreement, you will have the ability to utilize the Platform under the conditions set herein.
1. Features
  1. Once you register for your Account and it has been activated, you will have the ability to upload a photo of a fish and identify the species of the fish, measure the fish, compare those two data with automatically-retrieved local laws, log the catch data into a private data log and, if the account is upgraded, perform correlative analysis on your own catch data and download your catch data. You agree that you shall only utilize the Services for legitimate and lawful purposes. Use of the Affiliate Links is always at your discretion and your sole risk and any problems with an Affiliate link seller should be resolved in the first instance with the Affiliate link seller. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY AFFILIATE LINK OFFERED THROUGH THE PLATFORM. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR SERVICES EXCHANGED BY MEANS OF AFFILIATE LINKS. You agree to indemnify and hold us and our affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Affiliate links.
Intellectual Property Ownership.
1. Rights We grant You.
  1. The Services contain material that is derived in whole or in part from material owned by us. We expressly and exclusively reserve for ourself (and our licensors) any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights“) that are created, generated, acquired, or used in connection with the Services. The look and feel of the Services, including but not limited to any custom graphics, button icons, and scripts are also our property, and you may not copy, imitate, or use them, in whole or in part, without our prior written consent. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof).
  2. You acknowledge and agree that any of our names, trademarks, service marks, logos, trade dress, or other branding included on our website or as part of the Services are owned by us, unless otherwise noted, and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All other trademarks, names, or logos referenced on the website or the Services as “Third-Party Trademarks” are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners.
  3. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, “Feedback). By submitting Feedback to us, you hereby grant us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into our products or services, create derivative works from, or otherwise utilize any such Feedback without any compensation to you.
2. Rights You Grant Us. Parts of the Services may allow you to post, submit, message, upload, or otherwise make available any messages, text, images, or other materials on or through the Services (“User Content“). As between you and us, you retain whatever ownership rights in that User Content you had to begin with. During the Term, you grant us a worldwide, royalty-free, sublicensable, and transferable license to (a) to use, reproduce, modify, adapt, and publish that User Content for the purpose of providing the Services; (b) with the user’s explicit permission (if the user “opts-in”), to create aggregations and summaries of the User Content or portions thereof and to use, disclose, and distribute such aggregations publicly to any third-party in support of our business (both during the period that these Terms are in effect, and thereafter), provided that such aggregations and summaries do not directly or indirectly identify you or your User Content; and (c) as necessary to improve upon the Services provided to you. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. We do not need any further approval for our use of your User Content.
Payments.
1. The KOT App is a free App with options for in-App purchases. Any in-App purchase is facilitated by the payment systems of the respective App store from which the associated instance of the KOT App was downloaded. For all other Services provided through a Third-Party, the payment of any fees shall be handled through the Third-Party and may be subject to different terms than those contained in this Agreement.
Monitoring. We reserve the right to monitor the use by you and other users of the Services. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Services or seeking other legal or equitable remedies, once we become aware of any violation of these Terms.
Security. While we work to protect the security of your Account, we cannot guarantee that unauthorized third parties will be unable to defeat the security measures of the Services. Therefore, you expressly agree to use best efforts and practices to keep your Account and password secure.
Privacy Policy. Please refer to our Privacy Policy as updated from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
No Warranties. THE SERVICES ARE PROVIDED “AS IS” AND WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Services. Use of the Services may be interrupted due to events outside our reasonable control. We do not approve or control any third-party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.
Indemnification. Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “KOT Entities“) harmless from any claim or demand, including costs and attorneys’ fees, made by any third-party due to or arising out of (a) your access to or use of the Services, or any products or services provided by a third-party in connection with the Services, even if recommended, made available, or approved by the KOT Entities; (b) your User Content, including infringement claims related to your User Content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KOT ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED FIVE HUNDRED DOLLARS.
Term and Termination. These Terms become effective on the date on which you log into or access the Platform, use the Services, or otherwise indicate your agreement to these Terms (whichever is earlier), and shall continue in full force and effect until terminated as set forth below (the “Term“).
1. Termination by You. You may terminate these Terms and close your Account at any time. You may further terminate these Terms and close your Account pursuant to a withdrawal of your acceptance to updates we make to these Terms, provided however, that such termination of these Terms is effective immediately.
2. Termination or Suspension by Us. Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your access to or use of Services, or to terminate these Terms, immediately and without any liability to you in the event of (i) a breach of these Terms by you or (ii) any of your acts or omissions that (a) would constitute a violation of these Terms if done by you or (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Services (or the security thereof), or (c) constitutes (in our reasonable discretion) an unreasonable, excessive or abusive use of Services, our systems or resources. Further, we may terminate your account at any time, for convenience, by providing at least seven (7) days advance notice to you.
3. Effect of Termination. Termination of these Terms for any reason also terminates all of your rights to access your Account or use the Platform or any and all Services.
4. SURVIVAL. ANY PROVISIONS OF THESE TERMS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON (OR THAT, BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION) WILL SURVIVE IN FULL FORCE AND EFFECT, AS WILL ANY PROVISIONS OF THESE TERMS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY. NOTWITHSTANDING THE ABOVE, SECTIONS 3, 5, 6, 8, 10 – 15 and 17 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT (these Sections may have changed numbers as compared to the template because I removed some sections that were not applicable to our application – please confirm that the sections mentioned in this sentence are those that you want to survive any termination or expiration of this agreement).
Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including, but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
1. Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach us at support@kotfish.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
2. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms, the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration, as described below.
  1. Where the relief sought is ten thousand dollars ($10,000), or less, and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the Fair Claims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
  2. Where the relief sought is more than $10,000, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules, before a single arbitrator, for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures, before three arbitrators, for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 600 Brickell Avenue, Suite 2600, Miami, FL 33131; and (c) send one copy of the Demand for Arbitration to us at 109 Cleveland Avenue, Cocoa Beach, FL, 32931, ATTN: Legal. You will be required to pay $250.00 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, we will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
  3. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of agreement under these Terms or the Privacy Policy, including, but not limited to, any claim that all or any part of these Terms or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
  4. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
  5. The venue for arbitration shall be Chester County, Pennsylvnia (have your lawyer confirm that this is a favorable jurisdiction and potentially choose a different, somewhat nearby, jurisdiction). The parties further agree to submit to the personal jurisdiction of any federal or state court in Chester County, Pennsylvania in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
3. Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in State or federal court or in the U.S. Patent and Trademark Office to protect our Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
5. 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to support@kotfish.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
6. Arbitration Agreement Survival. This arbitration agreement shall survive the termination of your relationship with us.
Contact Us. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@kotfish.com
Miscellaneous.
1. Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, shall be governed by and construed and enforced in accordance with the laws of State of Pennsylvania (confirm with lawyer which jurisdiction is most favorable), without regard to conflict of law rules or principles (whether of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Philadelphia, Pennsylvania (confirm with lawyer) will have exclusive jurisdiction. You waive any objection to venue in any such courts.
2. No Conflicts. These Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.
3. Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate, or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and our obligations hereunder at any time, in our sole discretion.
4. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms shall be unimpaired and these Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.
5. Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy, or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.
6. Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic, or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
7. No Third-Party Beneficiaries. These Terms are personal to you and to us, and no third-party shall be considered a beneficiary hereof, for any purpose.
8. No Agency or Employment. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.
9. Equitable Relief. You acknowledge and agree that your breach of these Terms may cause irreparable harm to us, for which money damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened, or continued breach of these Terms.

Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.