Terms and Conditions

These Terms and Conditions of Use, together with the Privacy Policy, and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Terms.” These Terms constitute a legal agreement (this “Agreement”) between you (“you” or “your”) and The Pit Patch Inc., a California corporation (“our,” “we,” “us,” or the “Company”). These Terms set forth the terms and conditions that govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, SUBSCRIBING FOR, OR USING THE SERVICES.”

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and us. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.

Supplemental terms may apply and will be disclosed to you. Supplemental terms include, but are not limited to, policies for a particular event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

We may amend or supplement these Terms from time to time. Amendments will be effective upon our posting of such updated Terms or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as so amended or supplemented.

By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by these Terms, and that you will so abide. Where you enter into this Agreement as a person as provided in this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated.

The Services

The Services include use of a technology platform (referred to hereinafter as the “Platform”) that enables users of our Site and/or mobile applications to arrange, schedule, and perform a Job, which may include tire patching, tire plugging, tire rotation, tire balancing, tire replacement with a spare you provide, and/or jump starting a vehicle. Currently, we do not sell new tires and we do not take any old, damaged, or replaced tires to recycling.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership

The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services; or (ii) to use or reference in any manner the Company’s names, logos, product and service names, trademarks or service marks.

Your Use of the Services

Communications between you and us. You expressly consent and agree to accept and receive communications from us, including via email, text messages, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by the Company you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages or ringless voicemails sent by or on behalf of the Company, its affiliated companies and/or third party providers (“Third Party Providers”), including but not limited to: operational communications concerning your user account or use of the Platform or Services, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our Third Party Providers, and news concerning us and car services. You may opt out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Services. You agree to our use of a service provider to mask your telephone number when you call or exchange text messages with a Third Party Provider using a telephone number provided by us. During this process, we will receive in real time and store call data, including the date and time of the call or text message, the phone numbers, and the content of the text messages. You agree to the masking process described above and to our use and disclosure of this call data for its legitimate business purposes. We may send you confirmation and other transactional emails regarding the Services. We may also send you emails about services that we think might interest you, and you can unsubscribe from such promotional emails at any time by clicking unsubscribe in our email communications or by contacting us.

Scheduling a Job. To request an appointment with us or one of the Third Party Providers in our network for any job (a “Job”), you may be asked to specify the following information: (i) the type of service that you think is required on your car, (ii) the location where you would like for the Job to be performed, (iii) the date and time that you would like for the Job to take place, and (iv) certain information about yourself, including your name, email address and/or phone number, all of which is subject to our Privacy Policy.

You agree to treat our employees courteously and lawfully, and to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations.

Billing; Payment. Upon requesting Services, you acknowledge that the Company has one time service charges and recurring payments, and you accept responsibility for non-payment and/or all recurring charges prior to cancellation. We may bill or invoice you through any means as determined in our sole discretion, and you are responsible for payment of all taxes in addition to the Services.

Collecting Information About You

By using our Services, you authorize us directly or through third parties to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address, phone number, address, date of birth, social security number or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity, such as but not limited to a government issued identification. We reserve the right to close, suspend, or limit access to your account and/or the Services if we cannot obtain or verify this information.

Vehicle Title, Registration and Ownership

Regardless of title, registration and ownership of the vehicle, by creating an account under your name, subscribing and or scheduling services with us, you are agreeing to the full terms and conditions as outlined in this Agreement.

Service Appointment Cancellation; No Show; Reschedule Fee

For all telephonic or electronic service orders placed with us, you will pre-pay over the phone (or other electronic means). If you leave the designated location or decide that you no longer want the services, we will keep your pre-payment funds as a cancellation fee. There are no refunds.

Service Appointment Availability; Limitations

We cannot guarantee availability for service appointments or Jobs. Availability is dependent upon the service network availability, which can vary by location and can also be impacted by holidays and or weather.

Maintenance and Service

Mechanical Issues; Failure to Repair; Right to Refuse

It is your responsibility to address and correct any potential excessive tire wear that could be due to but not excluded to: incorrect wheel alignment, faulty suspension, a worn steering system, or an issue with the braking system or interference with vehicle components such as but not limited to fenders, exhaust, springs or other components. Failure to maintain or repair these will void the benefits covered under your subscription at the discretion of the Company.

Customizations; Premature Tire Wear; Right to Refuse

A subscription with us does not support customized vehicles that cause premature tire wear that could be due to but not limited to: negative camber, positive camber, lowered suspension, lifted suspension or improper tire size selection. Premature wear due to vehicle customizations will void the benefits covered under your subscription in our sole discretion.

Pre-Existing Conditions; Right to Refuse

It is your responsibility to notify us of any preexisting conditions that could cause excessive and premature tire wear or cause a safety issue pre or post installation. We reserve the right to refuse installation or tire servicing and or cancellation of your subscription if we determine the subject vehicle to be mechanically unfit.

Pre-Existing Lugnut; Stud Damage; Right to Refuse

It is your responsibility to notify us of any preexisting conditions of any lugnut and or stud damage that would prevent us from completing any Services or Job. We reserve the right to refuse installation or tire servicing and or cancellation of your subscription if we determine the subject vehicle to be mechanically unfit. We may also require you to seek mechanical repair prior to installation or tire servicing by us.

Plasti Dipped; Spray Painted; Custom Painted Rims

Due to the lack of durability of Plasti Dipped, Spray Painted or Custom Painted Rims, the Company is not responsible for any issues, problems, or damages, including but not limited to chips, scratches, flaking or any other rim damage caused before, during or after the tire installation and or servicing of your vehicle by us.

Extreme Driving Exclusions; Right to Refuse

Certain driving behaviors are not supported under a subscription with us, including but not limited to: amateur or professional racing, tracking, drifting, burnouts, off roading or other extreme driving including using the tires improperly or in an abusive manner; not considered normal daily commuting. These driving styles will void the benefits covered under your subscription in our sole discretion.

No Returns; Refunds; Exchanges

No refunds, returns or exchanges are accepted after any tires have been installed on your vehicle or after any Job is completed. In addition, all fees paid in advance are non-refundable if we are not able to complete the Job due to something that you have done (e.g., if we arrive to perform a Job and your vehicle is not accessible to us to complete the Job).

Limitation of Coverage Areas

A subscription with us and our services are available in limited geographic locations. By subscribing, you understand and agree that if you are traveling, relocating temporarily or permanently outside of our covered area, this will have a negative impact on the availability of the subscription benefits and or services and does not change or alter your obligations under this Agreement.

Proper Area for Job

With respect to any location at which you request we perform a Job, such location must permit us to perform such requested Job. As an example, if you request a tire rotation on your car while it is parked in a parking lot that prohibits any work to be performed on vehicles parked in the lot, then we may refuse to perform the Job and you will receive no refund.

Account Termination; Agreement Violation

We may terminate this Agreement or terminate or suspend your right to use the Services at any time without reason, or with reason (including, without limitation, in the event we believe you have failed to make payment for the Service(s), or if we find that you have engaged in inappropriate and/or offensive behavior, or if you have violated any of these Terms) by providing you with verbal, written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress governed by applicable law. Small claims proceedings will govern all amounts within such jurisdictional framework, and arbitration will govern all greater claims amounts, as outlined in the terms below. In addition to terminating or suspending your account, we reserve the right to engage in litigation to recover any amounts due.

Disclaimers

THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. THE COMPANY DOES NOT PROVIDE, AND SPECIFICALLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF REPAIR SERVICES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY US OR OTHER PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES, JOBS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES OR JOBS WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR ANY SERVICES OR GOODS PROVIDED BY THEM. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

IN ADDITION, THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY OCCUR TO YOUR VEHICLE OR ITS CONTENTS DURING OR AFTER ANY SERVICES OR JOBS PERFORMED BY US. BY AGREEING TO USE OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS DISCLAIMER AND AGREE TO RELEASE THE COMPANY FROM ANY LIABILITY FOR DAMAGES OR LOSSES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR JOBS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

Limitations of Liability

YOU AGREE NOT TO HOLD THE COMPANY (OR ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR ANY MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR THE MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY SERVICES OR MERCHANDISE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE COMPANY AND THE MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING CAR INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. WHEN THE COMPANY’S SERVICES ARE USED BY YOU TO REQUEST AND SCHEDULE VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES WITH THIRD PARTY PROVIDERS, YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO VEHICLE INSPECTION, DIAGNOSIS, MAINTENANCE, REPAIR, AND/OR TOWING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR THE MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR SUCH JOB OR SERVICES.

TO THE EXTENT THAT THE PLATFORM CONNECTS YOU TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING SERVICES, THE COMPANY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDER. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND THIRD PARTY PROVIDER IN YOUR USE OF THE PLATFORM. BECAUSE THE COMPANY IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN YOU AND THIRD PARTY PROVIDERS OR IN THE COMPLETION OF ANY JOB, IN THE EVENT THAT YOU HAVE A DISPUTE WITH A THIRD PARTY PROVIDER, YOU RELEASE THE COMPANY AND THE MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THIRD PARTY PROVIDERS WHO ULTIMATELY PROVIDE SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE PLATFORM, AND THIRD PARTY PROVIDERS, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM.

IF YOU ARE A THIRD PARTY PROVIDER, YOU AGREE THAT YOUR SOLE RECOURSE FOR PAYMENT FOR YOUR SERVICES, OR ANY OTHER DAMAGES YOU OR YOUR EMPLOYEES OR CONTRACTORS MAY SUFFER AS A RESULT OF PROVIDING SUCH SERVICES, IS AGAINST THE PERSON REQUESTING SUCH SERVICES, AND NOT AGAINST THE COMPANY, AND YOU HEREBY INDEMNIFY AND HOLD THE COMPANY HARMLESS AGAINST ANY SUCH CLAIMS FOR PAYMENT OR DAMAGES.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company and its Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Third Party Providers), and (v) your information and content that you submit or transmit through the Platform and our Site . The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without our prior written consent.

Dispute Resolution

Small claims proceedings will govern all amounts within such jurisdictional framework, and arbitration will govern all greater claims amounts. You agree to resolve small claims disputes in the small claims court located in Los Angeles, California without the need for arbitration. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services involving claims amounts exceeding the small claims court jurisdictional amount will be settled by binding arbitration administered by FairClaims (www.fairclaims.com) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims (e.g., one individual’s claims, one entity’s claims), and may not otherwise preside over any form of any class or representative proceeding. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential. Notwithstanding anything to the contrary herein, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to the exclusive jurisdiction and venue of such courts.

Governing Law

This Agreement and the relationship between you and the Company will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.

Force Majeure

Any delay in the availability of Services or the performance of any Job will not be considered a breach of this Agreement if such delay is caused by a fire, earthquake, flood, war, terrorist acts, governmental act, pandemic, epidemic, failure of common carriers (including Internet service providers), acts of God, or any other event beyond the control of the Company or any Third Party Provider.

These Terms may be updated from time to time without prior notice.

Close