By using www.101beforeone.com (“Website”) or any 101 Before One LLC publication, product, or service, including all text, graphics, images, materials, opinions, suggestions, ideas, concepts, designs, data, software, sound files, information, marks, and copyrights, whether registered or unregistered, (“Publications”), You expressly agree to all of the following terms and conditions (“Terms & Conditions).

By using the Website, you affirm that (i) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) OR you have reviewed these Terms with your parent or guardian and he or she has agreed to these Terms on your behalf and takes full responsibility for your compliance with these Terms (except that children under 13 years old are not allowed to use this Site), (ii) you are a legal resident of a country where your access to and use of the Site are permitted. you represent that you are fully able and competent to enter into these Terms and to agree to abide by and comply with these Terms, (iii) that you have read and agree to these terms and the terms of our Privacy Policy, and (iv) that the foregoing was true at all times during your use of the Site, even if your use began prior to the effective date of these Terms.

If You do not agree to all of these terms, then do not continue to access the Website or Publications.

101 reserves the right to modify these Terms at any time by posting a notice of such modifications in the relevant section of the Site, or by posting a notice in any other conspicuous manner that 101 deems sufficient. your continued use of the Site will signify your acceptance of the changes to these Terms. Each time you access the site, such use will constitute acceptance of these terms, including any amendments or updates that 101may have made from time to time.

LIMITED USE & INTELLECTUAL PROPERTY RIGHTS RESERVED

The content of 101 Before One LLC’s Website and all Publications, an all Intellectual Property Rights in such content, the Website, an all Publications, are the exclusive property of 101 Before One LLC (“101”), unless otherwise specified. As used in these terms, (1) “Intellectual Property Rights” means all rights granted, applied for, or otherwise, whether now in existence or later acquired, related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws and all similar equivalent rights or forms of protection, in any part of the world. 101 retains all right, title, and interest in, or to (including any license under), any Intellectual Property Rights arising from, or relating to, the Website content, Publications, and 101’s business generally, including all enhancements, modifications, updates, and derivative works. No provision of these Terms & Csonditions shall be construed as: (1) granting You, by implication, estoppel, or otherwise, any license (except the limited license specificallystated above) or right to use any Website content or Publication for the financial gain of Yourself or any third party, except with prior written approval and agreement by 101; or (2) releasing, relinquishing, or waiving any of 101’s Intellectual Property Rights; and (2) “Content” means the Website, any information provided and hosted on the Website including on its recipe list, blog, discussion boards, or newsletter, and all new versions, updates, revisions, improvements, and modifications of the foregoing, to which 101 provides remote access and use. 101 reserves the right, in its sole and absolute discretion, to make any changes to the Content that it deems appropriate, necessary, or useful..You may use, and 101 grants you a limited, revocable, non-exclusive, license to use the Website and Publications,  only for the limited purpose, and in the context, for which it was provided to You. The term of this license is effective on Your initial use of the Website and contemporaneous acceptance of the terms, and remains in effect until terminated. You may not, and in no way does this Agreement confer any right in you to license, sublicense, sell, or otherwise authorize the use of the Content, whether in executable form, source code or otherwise, to or by any third parties.

This limited, revocable, and nonexclusive license authorizes You to: (1) purchase access to a single print and/or electronic copy (or copies, if applicable by purchase order indicating purchase of additional copies) of the Website content or Publication(s); (2) use it for strictly for personal and noncommercial purposes in accordance with these Terms & Conditions, and not any revenue generating purpose or purpose not intended by these terms; (3) direct third parties to use the Website for their own use, but You may not distribute or provide any third party with access to the Website or Publications nor make the Website content or Publications available on a network where the content could be downloaded, accessed, or used by others; and (4) create a  hyperlink, hashtag, or social media post crediting 101 for its Website content and Publications, so long as You do not portray 101 in a false, misleading, derogatory, or defamatory manner, or otherwise paint 101 in a negative light, and the hyperlink, hashtag, or social media post does not contain abusive, offensive, objectionable, or otherwise inappropriate content and is not a violation of the rights of 101 or any third party.

The limited license granted to You by 101 is not assignable nor sublicensable, and may be revoked at any time and for any reason by 101. As such, You expressly agree You will not resell, republish, reproduce, distribute, translate, transfer, upload, post, display, rent, lease, sublicense, loan, lend, assign, transfer, modify, translate, adapt, edit, improve, enhance, or create derivative works, or copy (including photocopying, recording, and all other electronic and mechanical methods) any Website content or Publication under any circumstances, except with express prior written approval by 101. You additionally agree, You will not use any data mining or similar data gathering and/or downloading extraction methods (other than page caching) of any portion of the Website content and Publications, except as expressly permitted by these Terms & Conditions. Special rules regarding use of certain software and other accessibility programs with regard to the Website content and Publications may be included in other areas of the Website and are incorporated into these Terms & Conditions by reference. Any attempted or actual violation of any term or condition is prohibited and effectively terminates, at the time of such violation, the limited license provided to You. 101 may terminate or limit access by subscribers or account holders who, in 101’s sole determination, infringe upon 101’s or any third party’s rights or violate any term or condition of these Terms & Conditions of Use or any other terms or conditions provided by 101. 101 may, directly or indirectly, and by any lawful means, suspend, terminate or otherwise deny your access to or use of all or any part of the Content, the Website, or the Publication, in its sole discretion, for your violation of the terms of this Agreement or otherwise, including but not limited to violation of any other rules or requirements for continued use of the Content provided to you by 101.

You may not to use any Content, the Website, or the Publicatinos for any revenue generating endeavor or commercial enterprise including but not limited to, using the Content to create a website, product, service, or application that is directly or indirectly competitive with or in any way a substitute for any website, product, service, or application offered by 101.

101 may provide links to third party sites and content, including PayPal, and social media sites such as Facebook, Twitter, Instagram, and YouTube, for Your convenience, or marketing purposes. You understand 101 does not monitor or control any third-party site or content, and 101 makes no representation, warranty, guarantee, affiliation, or endorsement regarding the quality, content, nature, reliability, or rights of any such third-party site or content. You understand, by leaving our Website, additional terms and conditions may apply with respect to the third-party site, products, and content. Any dealings between You and a third party are solely between You and that third party, and thus 101 is not liable for any loss, damages, injuries, liabilities, penalties, expenses, or any other costs incurred by You based upon, relating to, or arising as a result of Your relationship with such third party, its site, content, and/or products, and 101 will not be a party to any proceeding, under any circumstances. 

Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: (1) All rights, licenses, consents and authorizations granted by 101 to you hereunder will immediately terminate; (2) You shall cease all use of Content; (3) 101 may disable and deactivate any accounts you set up on the Content, and may otherwise prevent You from further accessing the Content; (4) Notwithstanding anything to the contrary in this Agreement, unless otherwise prohibited by law, with respect to information and materials then in its possession or control: 101 may retain Your Data, which Your Data is deleted in 101’s ordinary course of business; (5) You will not be refunded any fees paid in connection with the Content.

ACCESS

101 will use commercially reasonable efforts to provide You with consistent access to the Website by hosting, managing, operating, and maintaining the Website for remote access and use by You, including employing any security measures in accordance with applicable industry standards, and excluding: (1) scheduled downtime; (2) maintenance downtime or degradation due to force majeure event(s); (3) suspension or termination of Your access to or use of the Website in accordance with these Terms & Conditions; and (4) any other circumstances beyond 101’s reasonable control.

101 does not guarantee availability of any 101 Website content or Publications. Accordingly, You agree to hold 101 harmless for any unavailability, downtime, etc. of the Website, the Website content, and Publications.

PURCHASES

You represent and warrant to 101, its subsidiaries, parent companies, affiliates, licensors, suppliers, and assigns, You: (1) will pay 101 the full retail price plus any applicable taxes in U.S. dollars as consideration for  any retail purchas(es) of Publication(s), products, and Website content (if applicable), via PayPal, a third-party payment processor, or as otherwise directed by 101; (2) any information (including payment profile information, contact information, and necessary authorizations) associated with Your PayPal account and the purchase is complete, current, and accurate; (3) may incur and will pay any separate fees, expenses, charges and other obligations associated with third-party terms and conditions, including the third-party payment processor services above-listed, and internet or other service providers necessary to view and/or use the Publications, products, and Website content; and (4) will authorize Your credit company, bank, or other payment organization to dispense the payment in full at the time of the purchase. 101 may, but is not required to, accommodate any change in Your shipping address, and is not liable for any overage fees, fees associated with insufficient funds, or other payment penalties resulting from the purchase. You understand 101 may retain any information related to purchases in accordance with its privacy policy.

You may contact 101 via email at info@beforeone.com with any questions or concerns. 101 reserves the right, in its sole discretion, to determine whether or not to replace any items lost in shipping, and will address customer services inquiries on a case base case basis. No refunds or returns will be accepted.

101 may limit the sale of its Publications, in its sole discretion, and may change (at any time and for any reason) the descriptions, pricing, and shipping costs for Publications, including discontinuing any Publication, acceptance or denial of any promotion, and/or changes to any offer to sell.

INTERACTIVE SERVICES & YOUR DEVICES

You agree not to violate or attempt to violate the security of the Website, and specifically agree You will not: (1) access data not available to Your user account and server; (2) reverse engineer, scan, test, disassemble, decompile, decode, decrypt, or probe the Publications and the Website and its system, network, and servers, in breach of security or authentication measures; (3) interfere with service to any customer or user of 101, whether by submitting a virus to the Website, overloading, flooding, spamming, mailbombing, crashing, or otherwise; (4) send unsolicited messages, promotions, or advertisements to 101 or its customers or users; (5) forge any transmission control protocol or intellectual property packet headers, information, emails, newsgroups or social networking post; (6) store, create, distribute, post, transmit, or otherwise publish content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of the privacy or violates the rights of 101 or any third party, or is abusive, inflammatory, fraudulent, or otherwise inappropriate, encourages or incites violence or insurrection, is confidential or protected or proprietary information, any content which violates any local, state, or federal law, or which misrepresents Your affiliation with any third party; (7) damage, destroy, disrupt, impair, interfere with or otherwise impede 101’s Website content and Publications or 101’s provision of services to any third party; or (8) attempt any of the above-listed actions.

You agree that you will, at all times: (a) set up, maintain and operate in good repair all your Devices or systems on or through which the Content is accessed or used; (b) provide all cooperation and assistance as 101 may reasonably request to enable 101 to exercise its rights and perform its obligations under this Agreement. You further agree that you have and will retain sole responsibility for: (a) all Your Data, including its content and use; (c) your Devices; (d) the security and use of your Devices; (e) access to and use of the Content and 101 Materials directly or indirectly by or through your Devices, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use; and (f) any and all other aspects of the operation, maintenance, and management of, and all access to and use of, your Devices, and all access to and use of the Content and 101 Materials by any Person by or through your Devices or any other means controlled by you.

By submitting, storing, creating, distributing, posting, transmitting, or otherwise publishing any content on 101’s Website, You grant to 101, its parent, subsidiaries, licensors, affiliates, and assigns, an irrevocable, royalty-free, perpetual and nonexclusive license to use, store, analyze, transmit, reproduce, modify, alter, adapt, publish, translate, create derivatives works from, distribute, display, and otherwise control such content in any manner or media relating to the Website or Publications, without any compensation owed to You. Additionally, You warrant to 101, any such submission, distribution, post, transmission or publication is not in violation of any provision of these Terms & Conditions or any other terms and conditions, intellectual property rights, legal agreements, etc. (including any required authorizations). 101 will control and may protect any data submitted by You to 101 in accordance with the privacy policy located on the Website.

101 reserves the right to remove, delete, negate, or otherwise object to any content You store, create, distribute, post, transmit, or otherwise publish on the Website. In addition to the above-listed restrictions You will not post any content promoting health claims, benefits, or advantages to using any particular type or brand of products, or content which inhibits any other customer of 101 from use and enjoyment of the Website.

You accept and retain sole responsibility for maintaining all of Your data, its content and use, and Your devices (including maintenance, security, and use of them), to prevent any third-party access or use of the Website, and/or Publications, with or without Your knowledge or consent, and You expressly accept responsibility for any results, conclusions, decisions, and actions of any third-party based on such access or use.

101 will employ security measures in accordance with applicable industry practice.

DISCLAIMER & INDEMNIFICATION

RECIPE RESULTS MAY VARY. BEFORE PREPARING ANY FOOD OR USING AND PRODUCTS YOU SHOULD ENSURE ALL INGREDIENTS ARE SAFE AND APPROPRIATE FOR YOUR USE AND CONSUMPTION, AND ALL APPLIANCES AND UTENSILS ARE SAFE FOR USE. DO NOT USE ANY UTENSIL OR APPLIANCE EXCEPT AS EXPRESSLY INTENDED AND IN ACCORDANCE WITH THE TERMS AND SAFETY PROVISIONS PROVIDED BY ITS MANUFACTURER.

UNLESS SPECIFICALLY STATED OTHERWISE, NONE OF THE WEBSITE CONTENT OR PUBLICATIONS HAVE BEEN EVALUATED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION.

101 IS NOT A MEDICAL PROVIDER, ANY INFORMATION PROVIDED BY 101, INCLUDING 101’S WEBSITE CONTENT AND PUBLICATIONS, DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSES, TREATMENT RECOMMENDATIONS, ENDORSEMENTS OF THE INFORMATION, OR ANY EXAMINATION, TEST, PHYSICIAN APPROVAL, OR SUGGESTION OR OPINION REGARDING ANY PRODUCT OR PROCEDURE.

YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED BY 101 AS A SUBSTITUTE FOR ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROVIDER PRIOR TO ALTERING, SUPPLEMENTING, OR CHANGING YOUR DIET OR YOUR CHILD’S DIET, AND ACTING (OR OMITTING ACTION) IN RELIANCE ON INFORMATION PROVIDED BY 101, INCLUDING RISKS ASSOCIATED WITH USE OF A SOLID FOOD DIETARY PROGRAM, ALLERGIES, AND OTHER INJURIES OR CONSEQUENCES WHICH MAY ARISE OR RESULT FROM RELIANCE ON SUCH INFORMATION; ESPECIALLY IF YOU ARE PREGNANT, NURSING, HAVE A MEDICAL CONDITION, TAKE MEDICATION OR ARE UNDERGOING TREATMENT.

101’S WEBSITE AND PUBLICATIONS ARE INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. ALL ACTION OR INACTION YOU TAKE IN RELIANCE ON ANY INFORMATION PROVIDED BY 101 IS AT YOUR OWN RISK AND 101 IS NOT LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, DAMAGES, OR CLAIMS OF ANY KIND, WHATSOEVER, UP TO AND INCLUDING DEATH.

IF YOU BELIEVE YOU OR SOMEONE YOU CARE FOR IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY AND CONSULT A DOCTOR.

Except as otherwise specified in a writing signed by 101, the Website content and Publications are provided on an “as is”, “as available” and “with all faults” basis, without warranties of any kind, either express or implied. 101, its  parent, suppliers, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, agents and representatives make no guarantees or warranties (whether statutory, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, warranties arising from course of dealing, usage, or trade practice, and non-infringement of information) regarding: (1) the accuracy, quality, functionality, availability, accessibility, reliability, performance, and timeliness of Website content and Publications, or third-party sites, hyperlinks and content; (2) the use of the Website, its server(s), or any third-party site or server(s) as safe or free from malware, viruses, and other hardware and software damaging causes; (3) any information or content posted or hosted on the Website, for any purpose; (4)  satisfaction of any local, state, or federal law, regulations, orders, or directives for software compliance, or required disclosures of information on prescription drugs, food products, supplements, vitamins, or any other packaging descriptions and required disclosures; and (5) whether any products, Publications, or Website content will meet Your or any third party’s requirements, operate without interruption, achieve any of Your intended results, be compatible with any application, systems or other services.

You represent and warrant to 101, You are duly authorized and empowered to accept (whether on behalf of Yourself or any organization, entity or enterprise other than on behalf of Yourself, including work as an independent contractor or employee), and You do accept without fraud, duress, or undue influence, these Terms & Conditions. Additionally, You and any applicable associated third-party organization, entity or enterprise, jointly and severally, indemnify, defend, and hold 101, its parent, and subsidiaries harmless from and against any and all claims, liabilities, suits, injuries, losses, damages, penalties, expenses, and all other costs and actions or proceedings brought against 101, based upon (or arising as a result of) a violation of these Terms & Conditions. Any waiver by 101 of any right or remedy under these Terms & Conditions is not a waiver of any other right or remedy of the same kind, or subsequent right or remedy.

You agree to indemnify and hold harmless 101 from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any claims that (i) your use or access of the Content infringes or otherwise violates any rights of any such third party, (ii) your use or access of the Content in contravention of this Agreement, including but not limited to the prohibitions in Section 3, (iii) your provision of, or 101’s use of Your Data has caused damage to, infringed the rights of, or caused the dissemination or unauthorized access of the data of, any third party, and/or (iv) your provision of, or 101’s use of Your Data caused damage to a third party including but not limited to as a result of Harmful Code, whether negligent or intentional.

101 reserves the right, in its sole discretion, to change, modify, or amend these Terms & Conditions, including any policy, guideline, or directive, at any time and for any reason (and with or without notice). Any change, modification, or amendment by 101 is effective immediately upon adoption by 101. You expressly waive notice of any such change, modification, or amendment and Your continued use of the Website or Publication(s) thereafter is acceptance of such change, modification, and amendment.

LIMITATION ON LIABILITY

In no event shall 101, 101’s parent, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, licensors, licensees, assignees, agents, or representatives be liable for any direct, special, indirect, incidental, punitive, or consequential damages, including physical injury or loss, death, wrongful death, loss of profits, loss of data, loss of records, property damage, products liability, strict liability, whether brought in tort or contract, arising out of or relating to: (1) the Website content and Publications; (2) any third party content or site; (3) use of, or inability to use, 101’s Website; and (4) use of, or inability to use, any third party’s Website.

LAW AND VENUE

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its principles of conflicts of laws. If a dispute arises, You will notify and allow 101 to resolve any dispute before initiating the arbitration process. If, and only if, 101 does not resolve the dispute within 60 days from the date Your notice is received, then You may initiate the arbitration process. You hereby irrevocably and unconditionally consent and agree to submit any dispute with 101, its parent, and subsidiaries to binding arbitration under the rules of the American Arbitration Association (“AAA”), before a single arbitrator, governed by the AAA’s Commercial Arbitration Rules, in the County of Cuyahoga, State of Ohio, or any other county which 101 reasonably chooses at the time of the dispute, rather than in court of any other proceeding and expressly waive any right to jury or bench trial or any other court or legal proceeding. The parties shall share equally the cost of arbitration, including any filing fees and arbitration fees. Unless otherwise ordered by the arbitrator, each party shall be responsible for all other respective fees and costs, including but not limited to fees for attorneys or expert witnesses. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. However, 101 may seek immediate injunctive relief in a court of law, in addition to any other remedy provided for by these Terms & Conditions or under applicable law, if You violate any of term or condition (wholly or in part). Any claim or lawsuit arising out of these Terms & Conditions must be filed no more than six (6) months after the due date of the occurrence that is the subject of the claim or lawsuit, or within the applicable statute of limitations, whichever expires first, and YOU EXPRESSLY WAIVE ANY OTHER STATUTE OF LIMITATIONS PERIOD OF LONGER THAN SIX (6) MONTHS.

You agree that your sole and exclusive remedy for any dispute with 101 is to stop your use of or access of the Content. Under no circumstances shall 101 or its owner(s), employees, or agents be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use or inability to access or use the Content or 101 Materials. Such prohibited damages include, but are not limited to, lost profits, data loss, business damage, or damages that are not reasonably foreseeable. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other specific types of damages. To the extent you reside in any such jurisdictions, this paragraph will not apply to you.

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING against 101 and/or its related parties or entities for any and all claims related to 101’s Website, Publications, these Terms & Conditions, or otherwise including or related to 101. The provisions of this paragraph survive the termination of Your use of the Website, products, and Publications.

SEVERABILITY

If any provision (wholly or in part) of these Terms & Conditions is determined to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms & Conditions (wholly or in part) shall be subject to partial enforcement. If no such interpretation is possible, then the unenforceable provision shall be deemed struck and the remainder of these Terms & Conditions shall remain valid and enforceable.

MISCELLANEOUS PROVISIONS

Individuals may experience seizures, headaches, blackouts, dizziness, altered vision, eye or muscle twitches, loss of awareness or vision, confusion, disorientation, involuntary movement, convulsions, or other symptoms when exposed to certain visual images, including patterns or flashing lights. If You experience any symptoms, discontinue use of the Website and/or Publications and consult a qualified healthcare provider.

Headings used in these Terms & Conditions are for reference only and do not affect the interpretation or enforcement of any term or condition.

These Terms & Conditions will inure to the benefit of 101, its parents, subsidiaries, and successors in interest, including successors through merger, consolidation, or sale of substantially all of 101’s ownership or assets.

101 may receive commission from products and services sold on affiliated websites. For a list of 101 affiliations and conditions, please contact 101 at info@beforeone.com.

These Terms & Conditions survive termination of Your use of the Website and/or Publications. 

Copyright © 2021 Copyright 101 Before One, LLC.  All rights reserved.

------------------------------

Please read these Terms of Service (collectively with Podia’s Privacy Policy located at https://www.podia.com/privacy, and, where applicable, Podia’s EU Data Processing Addendum located at https://www.podia.com/dpa, the “Terms of Service”) fully and carefully before using www.podia.com (the “Site”) and the services, features, content or applications offered by Podia Labs, Inc. (“Podia”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. 1) Acceptance of Terms. 1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. 2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. 3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. 4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PODIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 2) Eligibility. You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. If you are registering with Podia on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service. 3) Registration. In order to use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. 4) Processing of Personal Data Your personal data will be treated in accordance with Podia’s Privacy Policy, available at https://www.podia.com/privacy. To the extent that you are a controller that provides Podia with personal data of third party data subjects, including without limitation other users of the Services, that is subject to European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation, you agree to the terms contained in Podia’s EU Data Processing Addendum, available at https://www.podia.com/dpa. 5) Content. A. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below). B. User Content. Podia shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. C. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. D. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. E. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services. 6) Rules of Conduct. A. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services). B. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Services that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty; ii. violates these Terms of Service; iii. you know is false, misleading, untruthful or inaccurate; iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; v. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; vii. impersonates any person or entity, including any of our employees or representatives; or viii. includes anyone’s identification documents or sensitive financial information. C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. E. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. 7) Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. 8) Payments and Billing. A. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see https://www.podia.com/pricing for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. B. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. C. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. D. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://app.podia.com/account/billing. E. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://APP.PODIA.COM/SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. F. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. G. Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, which can be done through your Account settings at https://app.podia.com/account/billing, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to https://app.podia.com/account/billing. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. H. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service. I. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at hello@podia.com. 9) Warranty and Other Disclaimers. A. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: i. which users gain access to the Services; ii. what Content you access via the Services; or iii. how you may interpret or use the Content. B. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. C. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. D. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO PODIA. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. 11) Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Services, Content, or otherwise from your User Content, your violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 12) ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS: A. ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PODIA OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH PODIA, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND PODIA HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE PODIA’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND PODIA WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR PODIA WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST PODIA INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Podia is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Podia or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned. B. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 15, you must notify Podia in writing within 30 days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law). Your written notification must be mailed to Podia at the following address: 198 East 7th St., Apt. 8, New York, NY 10009. If you do not notify Podia in accordance with this Section 15(b), you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Service, including such provisions in any Terms of Service revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with Podia through arbitration. If Podia makes any changes to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending Podia written notice within 30 days of the change to the address set forth in this Section 15(b). This notification affects these Terms of Service only; if you previously entered into other arbitration agreements with Podia or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Service shall not affect the other arbitration agreements between you and Podia. C. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with Podia. 13) Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00. 14) Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. 15) Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use. 16) Miscellaneous. A. Entire Agreement and Severability. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. C. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. E. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hello@podia.com. F. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. G. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Contact: You may contact us at the following address: PO Box 4668, PMB 96490, New York, NY, 10163 Effective Date of Terms of Service: Jun 08, 2021