Terms of Service

1. Introduction and Acceptance

1.1 Agreement to Terms

Welcome to Toppers Pizza. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Toppers Pizza ("Company," "we," "us," "our") governing your access to and use of our website located at piztoppers.digital, our mobile applications, and all related food ordering and delivery services (collectively, the "Services").

By accessing our website, creating an account, placing an order, or using any of our Services, you expressly agree to be bound by these Terms and all applicable laws and regulations. This Agreement takes effect the moment you first access or use our Services.

1.2 Eligibility Requirements

To use our Services, you must meet the following eligibility requirements:

• Age: You must be at least 18 years of age or the age of legal majority in your jurisdiction to enter into this Agreement. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.
• Legal Capacity: You must have the legal capacity to enter into binding contracts under applicable law.
• Geographic Location: Our delivery services are available only within our designated delivery zones in the Denver, Colorado metropolitan area.
• Accurate Information: You must provide accurate, current, and complete information when creating an account or placing orders.

1.3 Account Responsibility

When you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

1.4 Updates to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be notified through email, website notifications, or other appropriate means. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any updates.

2. Definitions

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

• "Company," "We," "Us," "Our" refers to Toppers Pizza, a food service business operating in Denver, Colorado, including its owners, employees, agents, and affiliates.
• "User," "You," "Your" refers to any individual or entity accessing or using our Services, including visitors, registered users, and customers.
• "Services" refers to all services provided by Toppers Pizza, including but not limited to our website, mobile applications, online ordering system, food preparation, delivery services, catering services, and customer support.
• "Website" refers to piztoppers.digital and all associated web pages, subdomains, and related online properties.
• "Content" refers to all text, images, graphics, photographs, videos, audio, data, information, and other materials displayed on or available through our Services.
• "Products" refers to all food items, beverages, merchandise, and other goods available for purchase through our Services.
• "Order" refers to any request made by a User to purchase Products through our Services.
• "Delivery Zone" refers to the geographic areas within which we provide delivery services.
• "User Content" refers to any content, including reviews, comments, photos, and other materials, submitted by Users through our Services.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for the following purposes:

• Browsing our menu and product offerings
• Placing orders for personal, non-commercial consumption
• Creating and managing your user account
• Submitting reviews and feedback about our products and services
• Contacting customer support for assistance
• Accessing information about our business, locations, and promotions

You agree to use our Services only in compliance with these Terms, all applicable local, state, national, and international laws and regulations, and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of our Services.

3.2 Prohibited Use

You expressly agree NOT to engage in any of the following prohibited activities:

Illegal Activities:

• Using our Services for any unlawful purpose or in violation of any applicable laws
• Engaging in fraud, identity theft, or other criminal activities
• Placing orders with stolen payment methods or fraudulent information
• Using our Services to facilitate illegal transactions

Harmful or Malicious Behavior:

• Harassing, threatening, or intimidating our employees, delivery personnel, or other users
• Posting defamatory, obscene, or offensive content
• Engaging in discriminatory behavior based on race, gender, religion, or other protected characteristics
• Repeatedly placing fraudulent or fake orders

Unauthorized Access:

• Attempting to gain unauthorized access to our systems, servers, or networks
• Using automated systems, bots, or scripts to access our Services without permission
• Attempting to probe, scan, or test the vulnerability of our systems
• Circumventing or attempting to circumvent any security measures

Intellectual Property Violations:

• Copying, reproducing, or distributing our content without authorization
• Using our trademarks, logos, or branding without written permission
• Creating derivative works based on our content
• Removing or altering any copyright or trademark notices

Spam and Unsolicited Communications:

• Sending unsolicited promotional materials through our platform
• Harvesting email addresses or contact information from our Services
• Using our Services to distribute spam or malware

False Information:

• Providing false, inaccurate, or misleading information
• Impersonating another person or entity
• Creating fake reviews or testimonials
• Misrepresenting your affiliation with any person or entity

System Interference:

• Interfering with or disrupting the proper functioning of our Services
• Overloading our infrastructure or systems
• Introducing viruses, worms, or other malicious code
• Engaging in any activity that could damage, disable, or impair our Services

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, including placing orders and tracking deliveries, you may be required to create a user account. When registering, you must provide accurate, current, and complete information as prompted by our registration form. This includes your full legal name, valid email address, phone number, and delivery address.

4.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password. You agree to:

• Create a strong, unique password that is not used for other accounts
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized access to your account
• Ensure you log out of your account after each session, especially on shared devices
• Take all necessary precautions to protect your account from unauthorized access

4.3 Account Information Accuracy

You agree to keep your account information accurate and up-to-date at all times. Inaccurate information may result in failed deliveries, communication issues, or account suspension. You can update your account information through your account settings or by contacting our customer support team.

4.4 One Account Per Person

Each individual is permitted to maintain only one active account with Toppers Pizza. Creating multiple accounts to abuse promotions, circumvent restrictions, or for any fraudulent purpose is strictly prohibited and may result in immediate termination of all associated accounts and forfeiture of any accumulated benefits.

4.5 Account Termination Rights

We reserve the right to suspend, deactivate, or terminate your account at any time and for any reason, including but not limited to:

• Violation of these Terms of Service
• Fraudulent or abusive behavior
• Providing false or misleading information
• Extended periods of inactivity
• Request from law enforcement or government agencies
• Discontinuation of our Services

5. Food Services and Orders

5.1 Order Placement

When you place an order through our Services, you are making an offer to purchase our Products subject to these Terms. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.

5.2 Order Confirmation

After placing an order, you will receive an order confirmation via email and/or SMS. This confirmation acknowledges receipt of your order but does not constitute acceptance. Your order is only accepted when we begin preparing your food, at which point a binding contract is formed between you and Toppers Pizza.

5.3 Order Cancellation and Modification

You may cancel or modify your order within a limited timeframe after placement:

• Within 2 minutes: Full cancellation or modification available through the website or app
• 2-5 minutes: Contact customer support immediately; cancellation may be possible depending on preparation status
• After 5 minutes: Orders in preparation cannot be cancelled; modifications are not possible

We reserve the right to cancel orders at any time if we are unable to fulfill them due to ingredient unavailability, kitchen capacity, delivery constraints, or other operational reasons. In such cases, you will receive a full refund.

5.4 Minimum Order Requirements

Delivery orders may be subject to minimum order value requirements, which vary by location and time of day. Current minimum order requirements are displayed during the checkout process. Orders below the minimum may incur a small order fee or may not be eligible for delivery.

5.5 Order Accuracy

You are responsible for ensuring the accuracy of your order, including selected items, quantities, customizations, and delivery address. Please review your order carefully before submission. We are not responsible for errors in orders caused by incorrect information provided by you.

6. Products and Pricing

6.1 Product Descriptions

We strive to provide accurate descriptions and images of our Products. However, we do not warrant that product descriptions, photographs, or other content on our Services are accurate, complete, reliable, current, or error-free. Colors, sizes, and appearances of products may vary slightly from images displayed on our website. Product availability may vary by location.

6.2 Pricing

All prices displayed on our Services are in US Dollars and are subject to change without notice. Prices may vary between dine-in, pickup, and delivery orders. Promotional prices and discounts are valid only during specified promotional periods and may be subject to additional terms and conditions. We reserve the right to correct pricing errors and to refuse or cancel orders placed at incorrect prices.

6.3 Taxes and Fees

Prices displayed may or may not include applicable taxes. Additional fees may apply, including:

• Sales tax as required by Colorado state and local law
• Delivery fees based on distance and order size
• Service fees for certain order types
• Small order fees for orders below minimum thresholds

All applicable fees will be clearly displayed during checkout before you confirm your order.

6.4 Payment Terms

We accept various payment methods including major credit cards, debit cards, and digital payment services. Payment is required at the time of order placement for online orders. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the full order amount, including any applicable taxes and fees.

6.5 Returns and Refunds

Due to the perishable nature of food products, we have specific policies regarding returns and refunds. Please refer to our Refund Policy for detailed information on our food quality guarantee, refund eligibility, and the refund process.

7. Delivery Terms

7.1 Delivery Zones

Our delivery services are available within designated delivery zones in the Denver, Colorado metropolitan area. Delivery zone boundaries may change based on operational capacity and demand. You can check delivery availability by entering your address during the ordering process. We are not responsible for failed deliveries to addresses outside our delivery zones.

7.2 Delivery Times

Estimated delivery times are provided at checkout and are approximate only. Actual delivery times may vary based on:

• Order volume and kitchen capacity
• Weather conditions
• Traffic and road conditions
• Distance from our location
• Order complexity

While we strive to deliver within estimated timeframes, we do not guarantee specific delivery times. During peak hours, holidays, or severe weather, delays may occur.

7.3 Delivery Address Requirements

You must provide a complete and accurate delivery address, including:

• Street address and apartment/unit number (if applicable)
• City, state, and ZIP code
• Any special delivery instructions
• Gate codes or access information for gated communities
• Contact phone number for delivery updates

We are not responsible for failed or delayed deliveries due to incorrect or incomplete address information.

7.4 Delivery Receipt

You or an authorized recipient must be present at the delivery address to receive your order. For contactless delivery, you authorize our delivery personnel to leave the order at the specified location. We are not responsible for orders left at your request that are stolen, damaged, or spoiled after delivery.

7.5 Failed Deliveries

If a delivery cannot be completed due to:

• No one available to receive the order
• Incorrect address or access issues
• Customer not responding to delivery attempts
• Unsafe delivery conditions

We will attempt to contact you. If we cannot reach you within 10 minutes, the order may be marked as undeliverable. Refunds for undeliverable orders are at our discretion and may be subject to a restocking fee.

7.6 Temperature-Sensitive Items

We take great care to maintain proper temperatures during delivery using insulated bags and appropriate packaging. However, once an order is delivered, you assume responsibility for proper food storage. We recommend consuming hot items immediately and refrigerating cold items promptly to ensure food safety.

8. Food Safety and Allergens

8.1 Food Safety Standards

Toppers Pizza is committed to maintaining the highest standards of food safety and hygiene. We comply with all applicable federal, state, and local food safety regulations, including:

• FDA Food Code requirements
• Colorado Department of Public Health and Environment regulations
• Denver Department of Environmental Health guidelines
• HACCP (Hazard Analysis Critical Control Points) principles

Our facilities are regularly inspected by health authorities, and our staff receives ongoing food safety training.

8.2 Allergen Information

We provide allergen information for our menu items to help customers make informed choices. However, please be aware:

• Our products are prepared in a shared kitchen environment
• Cross-contamination with allergens may occur despite our best efforts
• Menu items and ingredients may change without notice
• Allergen information is provided for general guidance only

If you have a severe food allergy or sensitivity, we strongly recommend contacting us directly before placing an order to discuss your specific needs. We cannot guarantee that any menu item is completely free from allergens.

8.3 Nutritional Information

Nutritional information provided on our website is approximate and may vary based on preparation methods, portion sizes, and ingredient substitutions. This information is provided for general reference only and should not be relied upon for dietary or medical decisions.

8.4 Food Quality Guarantee

We stand behind the quality of our food. If you receive an order that does not meet our quality standards, please contact us immediately with details and photos if possible. We will work with you to resolve the issue through replacement, refund, or credit at our discretion. Quality concerns must be reported within 2 hours of delivery for consideration.

8.5 Consumption Guidelines

For your safety, we recommend:

• Consuming hot items within 2 hours of delivery
• Refrigerating perishable items promptly if not consumed immediately
• Reheating items to proper internal temperatures before consumption
• Not consuming items that have been left at room temperature for extended periods

9. Intellectual Property

9.1 Our Ownership

All content, features, and functionality of our Services, including but not limited to the website design, text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of Toppers Pizza or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Trademarks

The Toppers Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Toppers Pizza. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

9.3 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms. This license does not include:

• Any resale or commercial use of our Services or content
• Collection or use of product listings, descriptions, or prices for commercial purposes
• Derivative use of our Services or content
• Downloading or copying of account information for third parties
• Use of data mining, robots, or similar data gathering tools

9.4 User Content License

By submitting any content through our Services (including reviews, photos, and comments), you grant Toppers Pizza a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate, distribute, and display such content in any media format and through any media channels. You retain ownership of your content but grant us broad rights to use it for our business purposes.

9.5 Copyright Infringement

If you believe that any content on our Services infringes your copyright, please send a written notice to our designated copyright agent at [email protected] with:

• A description of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location
• Your contact information
• A statement that you have a good faith belief the use is not authorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

10. User Content

10.1 Responsibility for Your Content

You are solely responsible for any content you submit through our Services, including reviews, comments, photos, and other materials. You represent and warrant that you own or have the necessary rights to submit such content and that your content does not violate any third-party rights or applicable laws.

10.2 License Grant

By submitting content to our Services, you grant us and our affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media.

10.3 Prohibited Content

You may not submit content that:

• Is false, misleading, or fraudulent
• Is defamatory, obscene, pornographic, or offensive
• Infringes any third-party intellectual property rights
• Violates any person's privacy or publicity rights
• Contains viruses or malicious code
• Promotes discrimination, hatred, or violence
• Is spam or unsolicited advertising
• Violates any applicable laws or regulations

10.4 Right to Remove Content

We reserve the right, but not the obligation, to monitor, edit, or remove any user content at our sole discretion, without notice, and for any reason, including content that we determine violates these Terms or is otherwise objectionable.

10.5 No Endorsement

User content does not represent the views of Toppers Pizza. We do not endorse, guarantee, or assume responsibility for the accuracy, completeness, or reliability of any user content. Any reliance on user content is at your own risk.

11. Disclaimers

11.1 "As Is" Service Provision

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Warranty of Uninterrupted Service

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using our Services will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other material obtained through our Services will meet your expectations.

11.3 Third-Party Content Disclaimer

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party content.

11.4 Professional Advice Disclaimer

The content on our Services is provided for general informational purposes only and does not constitute professional advice. Nutritional information, allergen information, and health-related content should not be relied upon for medical, dietary, or health decisions. Always consult with qualified professionals for specific advice.

12. Limitation of Liability

12.1 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPPERS PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY AMOUNT EXCEEDING THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12.2 Excluded Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Specific Exclusions

Without limiting the foregoing, we shall not be liable for:

• Personal injury or property damage resulting from your use of our Services
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on our Services
• Service interruptions or system failures
• Viruses or malicious code transmitted through our Services
• Errors, mistakes, or inaccuracies of content

12.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

13. Indemnification

13.1 User Indemnification

You agree to defend, indemnify, and hold harmless Toppers Pizza and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees) arising from:

• Your use of and access to our Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Any claim that your content caused damage to a third party
• Your violation of any applicable laws, rules, or regulations

13.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

13.3 Survival

This indemnification obligation shall survive the termination or expiration of these Terms and your use of our Services.

14. Third-Party Links and Services

14.1 Third-Party Websites

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by Toppers Pizza. These links are provided solely for your convenience. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

14.2 Third-Party Terms

Your use of any third-party websites or services is governed by the terms and conditions and privacy policies of those third parties. We encourage you to read the terms and conditions and privacy policy of any third-party website or service that you visit.

14.3 No Endorsement

The inclusion of any link does not imply endorsement, approval, or recommendation by Toppers Pizza. We are not responsible for any transactions, interactions, or disputes that may arise between you and any third party.

14.4 Third-Party Payment Processors

We use third-party payment processors to process payments. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the actions or omissions of these payment processors.

15. Termination

15.1 Company Right to Terminate

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

15.2 User Right to Terminate

You may terminate your account at any time by contacting our customer support or using the account deletion feature in your account settings. Upon your request, we will deactivate your account and remove your personal information in accordance with our Privacy Policy, subject to any legal retention requirements.

15.3 Effect of Termination

Upon termination of your account:

• All licenses and rights granted to you under these Terms will immediately terminate
• You must cease all use of our Services
• Any pending orders may be cancelled at our discretion
• Any accumulated rewards, credits, or benefits may be forfeited
• We may retain certain information as required by law or for legitimate business purposes

15.4 Survival of Provisions

The following sections shall survive termination of these Terms: Intellectual Property, User Content, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Disputes, and General Provisions.

16. Governing Law and Disputes

16.1 Applicable Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

16.2 Dispute Resolution

We encourage you to contact us first to resolve any disputes informally. Before initiating any legal action, you agree to first attempt to resolve any dispute by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days of receiving your notice.

16.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, which cannot be resolved through informal negotiation, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Denver, Colorado, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

16.4 Class Action Waiver

YOU AND TOPPERS PIZZA 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. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

16.5 Jurisdiction and Venue

For any matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Denver County, Colorado. You waive any objection to jurisdiction and venue in such courts.

16.6 Time Limitation

You agree that any claim or cause of action arising out of or related to your use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

17. Changes to Terms

17.1 Right to Modify

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

17.2 Notification of Changes

We will notify you of material changes through one or more of the following methods:

• Email notification to the address associated with your account
• Prominent notice on our website
• In-app notifications
• Notification upon your next login

17.3 Continued Use Constitutes Acceptance

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use our Services and should discontinue use immediately.

17.4 Review Responsibility

You are responsible for regularly reviewing these Terms to stay informed of any changes. Your continued use of our Services constitutes your acknowledgment of all changes and your consent to abide by the updated Terms.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Toppers Pizza regarding your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

18.2 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

18.3 Waiver

No waiver by Toppers Pizza of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Toppers Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, labor disputes, or failures or delays in transportation or communications.

18.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18.7 Electronic Communications

By using our Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person, except as expressly provided herein.

19. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us: