The following Terms of Use are entered into by and between You and Gillywumps (“Company”, “we”, or “us”), a division of Rising Strong, LLC.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.gillywumps.com (the “Website”)   including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use,  Privacy Policy, and Disclaimer incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use. 

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for purchase or download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content, including text, graphics, logos, images, as well as the compilation thereof, product designs, story lines, names, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

The Company content is not for resale. Your use of the Website or any of the resources available for download or sale from the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You are likewise expressly prohibited from making molds, replicating, or commercially reselling any of our products, designs, or other Company offerings without prior written permission.

You will use protected content solely for your individual, personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content, products, or designs. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, brand marks, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such names or marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

As set forth more fully in our full Disclaimer, we have done our best to ensure that all information, digital resources, physical products, and goods provided on this Website are accurate, high-quality, and valuable. However, we cannot guarantee the complete accuracy of educational materials, nor that physical products will be free from minor handmade variations.

You agree to use your own judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website or by the Company or any representatives. By using this Website, Company resources, or products, you accept personal responsibility for the results of your actions. 

Digital Content & Coaching Resources: Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website, or for any damage you may suffer as a result of failing to seek competent advice from a qualified professional familiar with your situation. Information and resources available on or through this Website or any of our other outlets (such as videos or social media) are for educational and informational purposes only and do not constitute professional medical, mental health, legal, or financial advice.

Physical Products & Novelty Items: All physical products are offered strictly as novelty and decorative items. The Company makes no claims related to treatment or results our products provide. Phrases such as "emotional support lumps of clay" or character backstories are purely thematic and creative in nature and do not constitute any form of psychological, therapeutic, or medical treatment or support.

Product Use & Safety: Our physical products are hand crafted and may contain small components. While they are made to be as durable as possible, they are not toys. They contain small parts that can break off if mishandled, dropped, or too much pressure is applied. These small parts can present potential choking hazards.

Our products are strictly intended for display or adult novelty use and are not intended for use by infants, young children, or animals.

By using this Website or purchasing our products or digital resources, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm, injury, or damage you suffer as a result of the use, misuse, or non-use of any information, digital resources, or physical products available from this Website. You agree to use sound judgment and exercise due diligence before taking any action, implementing any recommendation, or placing any physical item into use or display.

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on another platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your own personal use and may not be sold or redistributed without the express written consent of the Company.

The Company from time to time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use only and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

The Company offers various physical products for purchase on this Website, including but not limited to handmade polymer clay figures, novelty items, worry stones, pet space rocks, and related merchandise (collectively, the “Physical Products”).

• Personal License & Permitted Use: When you purchase a Physical Product, the Company grants you a limited, personal, non-exclusive, non-transferable right to display, enjoy, and use the physical item for personal, non-commercial purposes.
  
  

• Intellectual Property & Design Rights: All character designs, names (including "Gillywumps"), backstories, expressions, visual appearances, custom elements, and overall aesthetic of the Physical Products are the exclusive intellectual property of the Company. The purchase of a Physical Product transfers ownership of the individual physical item only and does not grant you any ownership, license, or copyright in the underlying design, character, or brand identity.
  
  

• Prohibited Uses, Reproduction, and Modification: You acknowledge and agree that you have no right to copy, replicate, mold, cast, 3D scan, mass-produce, modify, create derivative characters or works from, reverse engineer, or otherwise exploit any Physical Product or character design.
  
  

• Resale Restrictions: Physical Products purchased from this Website are for personal use or gifting only. You agree that you will not purchase Physical Products for commercial resale, distribution, or commercial licensing without the express, prior written consent of the Company.

• Handmade Nature: All our products, including Gillywumps, worry stones, charms, and all other related physical products are individually handcrafted. Due to the handmade nature of these goods, variations in size, color shade, weight, surface texture, facial expression, eye position, and teeth alignment are normal features of the creation process and not defects.
  
  

• Screen Display Differences: We make every effort to display the colors and details of our physical products as accurately as possible. However, we cannot guarantee that your device screen display will precisely reflect the actual product colors upon delivery.
  
  

• Digital Staging and Enhancements: Product images, marketing materials, and promotional graphics on this Website or associated social channels may be stylized, color-corrected, digitally edited, or generated/enhanced using digital rendering software or artificial intelligence (AI) tools. These images are designed to showcase character concepts, thematic backstories, and visual style.

• Order Acceptance: Your placement of an order constitutes an offer to purchase. The Company reserves the right to accept, decline, or limit your order for any reason at any time prior to shipment, including errors in pricing, unexpected inventory shortages, or suspicion of fraudulent activity.
  
  

• Pricing & Modifications: All prices are subject to change without notice prior to order confirmation. If a product or service is listed at an incorrect price due to a typographical error, the Company reserves the right to cancel any orders placed for that item.
  
  

• Custom & Made-to-Order Items: Custom character requests or made-to-order physical items may require non-refundable deposits or extended fulfillment lead times, which will be specified at the time of acceptance and purchase.

• Shipping Terms (Risk of Loss): Title and risk of loss for all physical products pass to you upon our delivery of the package to the shipping carrier (FOB Shipping Point). The Company is not responsible for delays caused by weather, customs holds, damages, or carrier issues once the package has left our facilities.
  
  

• Address Accuracy: You are solely responsible for providing complete and accurate shipping details. The Company is not liable for orders delivered to incorrect addresses provided by the buyer. Reshipment fees for returned or misdirected packages due to buyer error will be the buyer's responsibility.
  
  

• International Taxes & Duties: For international orders, the Buyers is responsible for paying all applicable shipping, import duties, customs charges, local sales taxes, or VAT imposed by your destination country.

Recurring Billing Authorization: Certain products and services—including (but not limited to) recurring physical product boxes, club deliveries, and digital memberships—are offered on an ongoing basis with a monthly or yearly subscription. By enrolling, you authorize the Company to charge your provided payment method on a recurring basis for the agreed subscription rate until the subscription is canceled or terminated.

Cancellation of Subscription: Users may cancel subscriptions at any time either by accessing your account page or by emailing our support team at support@gillywumps.com

Subscription Periods and Renewals: Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.

• Digital Subscriptions: You will retain access to digital materials and platform features through the end of your current paid billing cycle.
  
  

• Physical Product Subscriptions: If your cancellation occurs after a recurring billing date has processed, you will receive the physical shipment associated with that paid period, and your cancellation will take effect prior to the subsequent billing cycle.
  
  

• No Refunds for Partial Periods: Unused portions of an active subscription period are non-refundable and will not be prorated upon cancellation.

We want you to be completely satisfied with your purchase. Because we offer a combination of physical goods, digital materials, and personal services, different return and refund policies apply based on the type of product or service purchased.

Physical Products Return Policy: Physical products will only be accepted for return if they are unopened, unused, and still in their original packaging. All Products return requests initiated in writing within 5 days of delievery and received by us within 15 days of original shipment unless prior arrangements have been made. Exchanges for similar products are not permitted.

• Shipping Expenses: The buyer is responsible for all return shipping costs. Initial shipping charges paid at checkout or as part of the initial purchase price are non-refundable, and no credit will be issued for original shipping fees unless the return is due to our error.
  
  

• Damaged in Transit: If a physical product arrives damaged or broken, you must contact us at support@gillywumps.com within 5 days of delivery with your order number and clear photos of both the damaged item and the shipping box. Approved damage claims will be granted a replacement item (subject to stock availability and lead times) or store credit/refund at our discretion.

Coaching, Courses, and Digital Content Return Policy: For specific coaching programs, courses, and educational services, the Company offers a conditional 14-day money-back guarantee subject to strict proof of participation and application.

• With respect to any purchase for refundable made directly through the Company, you must request your money back within 14 days of the purchase.  You may request your money back by emailing support@graceinthemiddle.com. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase.
  
  

• Proof of Action Requirement: If you purchased a service, course, or coaching program, you must demonstrate that you attempted to implement the program without success. To qualify for a refund, you must provide:

  1. A complete record of appointments set and/or canceled;

  2. Proof of calls attended and completed assignments; and

  3. A written description detailing why you feel the product or service did not yield results despite your full implementation.

• Processing Refunds: Upon confirming that you meet all conditions of this guarantee, the Company will instruct its payment processor to issue the refund. The Company does not control its payment processor and cannot expedite processor timelines.
  
  

• Termination of License & Asset Destruction: Receiving a refund under this guarantee immediately terminates all licenses granted to you under these Terms of Use. You must immediately cease using all materials and permanently destroy all digital and physical copies in your possession, including video recordings, audio recordings, transcripts, templates, slide decks, and access to private membership areas or social media groups.
  
  

• One-Time Guarantee Limit: Any customer may redeem a money-back guarantee from the Company only once, regardless of how many products or services they purchase over time. Once a refund has been issued to a customer under this policy, that customer is ineligible for future refunds on any other product or service.

Non-Returnable Items: Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Likewise, custom products, personalized orders, downloadable books, media, templates, forms, or software products, and sale/clearance items cannot be returned or refunded.

Additional non-returnable items:

• Gift cards

• Some health and personal care items

• Items created by us but purchased through third-party vendors

• Any item not in its original packaging, condition, is damaged or missing parts for reasons not due to our error except as outlined above.

• Any return request made past the return window after purchase unless prior arrangements have been made.

Items Purchased Through Third-Party Vendors: Any items created by or published by us, but distributed through third-party vendors such as Amazon or others are subject to the purchase, exchange, shipping, and refund policies of that vendor.

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Ogden, Utah. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The 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 the Company in asserting any available defenses.

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.