# Terms of Service for Team Power Up Brands L.L.C.

## Legal Disclaimer

These Terms of Service are provided as a template and should be reviewed by a qualified attorney before use. This document may not be fully compliant with the laws in your jurisdiction.

## 1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Team Power Up Brands L.L.C. software service, including any associated websites, networks, applications, and other services provided by Team Power Up Brands L.L.C. (collectively, the "Service"). These Terms constitute a legally binding agreement between you and Team Power Up Brands L.L.C. ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

## 2. Definitions

"User," "you," and "your" refer to the individual or entity accessing or using the Service.

"Subscription" refers to the purchased right to access and use the Service according to the selected plan.

"Content" refers to any text, images, videos, audio, or other material that appears on or through the Service.

"User Data" refers to any data, information, or material that you upload, input, or otherwise provide to the Service.

"Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

## 3. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Service.

## 4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

## 5. Eligibility

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.

## 6. Service Description

The Team Power Up Brands L.L.C. Service is a Online Marketing Company that allows users to sign up for online marketing services related to website design, reputation management to help businesses get more Google reviews, helping users save money in their delivery fees by using our services to integrate with 3rd party solutions to save on third party and commission fees. The specific features and functionality available to you will depend on the Subscription plan you select.

## 7. Subscription Terms

Access to our Service requires a paid Subscription. Unless otherwise specified at the time of purchase:

- Subscriptions are billed on a [monthly/annual] basis

- Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date

- You authorize us to charge your payment method for the Subscription fee at the beginning of each billing period

- If you upgrade your Subscription, we will immediately charge your payment method for the prorated difference in cost

- If you downgrade your Subscription, the change will take effect at the start of the next billing period

Prices for our Service are subject to change with notice. We will notify you of any price changes before they take effect. Your continued use of the Service after a price change takes effect constitutes your agreement to pay the changed amount.

You may cancel your Subscription at any time through your account settings or by contacting us. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not be eligible for a refund of any portion of the Subscription fee except as expressly provided in these Terms or as required by applicable law.

## 8. Free Trials

We may offer free trials of our Service. Free trial eligibility is determined at our discretion and may be limited to new users or other qualifying customers. We reserve the right to modify or terminate free trials at any time without notice.

Unless you cancel before the end of the free trial period, we will automatically charge your payment method for the first billing period of your Subscription at the end of the free trial.

## 9. Service Availability and Support

We will make reasonable efforts to keep our Service operational 24 hours a day, 7 days a week. However, we do not guarantee continuous, uninterrupted access to our Service, and operation of our Service may be interfered with by numerous factors outside our control.

We reserve the right to suspend access to the Service, in whole or in part, for maintenance or upgrades or to address security concerns, with or without notice. We will use reasonable efforts to schedule planned downtime during off-peak hours.

Technical support is provided according to your Subscription plan. Support services may include email support, documentation, or access to a help desk, as specified for your Subscription plan.

## 10. User Accounts

You must create an account to access the Service. You are responsible for:

- Providing accurate, current, and complete information

- Maintaining the confidentiality of your password and account

- All activities that occur under your account

- Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.

## 11. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

- Use the Service for any illegal or unauthorized purpose

- Violate any applicable laws or regulations

- Infringe the rights of others, including intellectual property rights

- Attempt to breach any security or authentication measures

- Transmit any viruses, malware, or other harmful code

- Interfere with or disrupt the Service or servers or networks connected to the Service

- Collect or harvest any information from the Service, including user accounts, user data, or content

- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity

- Use automated scripts to collect information from or otherwise interact with the Service

- Exceed the usage limitations or quotas associated with your Subscription plan

## 12. User Data

You retain all ownership rights to your User Data. By uploading, inputting, or otherwise providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, modify, display, and distribute your User Data solely as necessary to provide the Service to you and your authorized users.

We will not access your User Data except:

- To provide the Service to you and your authorized users

- To prevent or address technical or security issues

- To respond to customer support requests

- As required by law

- As explicitly permitted in writing by you

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide the User Data to us and to grant the rights granted herein.

## 13. Data Security and Privacy

Our Privacy Policy describes our practices regarding the information we collect from you. California residents have additional rights as set forth in our Privacy Policy.

## 14. Service Level Agreement

We will use commercially reasonable efforts to make the Service available with an uptime of at least 99.9%, excluding scheduled maintenance. If we fail to meet this commitment, you may be eligible for service credits as described in our Service Level Agreement, which is incorporated by reference into these Terms.

## 15. Intellectual Property

All content provided by Team Power Up Brands L.L.C., including but not limited to the Service, website, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Team Power Up Brands L.L.C. or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on the Service is the exclusive property of Team Power Up Brands L.L.C. and is protected by international copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Team Power Up Brands L.L.C..

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes or personal use, as applicable, in accordance with these Terms. This license does not include the right to:

- Modify or copy the Service or any content therein

- Use the Service for any commercial purpose other than your organization's internal business purposes

- Transfer, sell, rent, lease, sublicense, or distribute the Service to any third party

- Reverse engineer, decompile, or disassemble the Service

- Remove or alter any copyright, trademark, or other proprietary notices contained in the Service

## 16. Feedback

We welcome feedback, comments, and suggestions for improvement of the Service ("Feedback"). You grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback in all formats and distribution channels now known or hereafter devised, without any attribution or compensation to you.

## 17. Third-Party Integrations

The Service may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

We do not endorse and are not responsible or liable for the behavior, features, or content of any third-party service or for any transaction you may enter into with the provider of such services.

## 18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS 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, TITLE, AND NON-INFRINGEMENT. Team Power Up Brands L.L.C. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

## 19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

## 20. Indemnification

You agree to indemnify, defend, and hold harmless Team Power Up Brands L.L.C., its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Data, or your use of the Service. Team Power Up Brands L.L.C. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Team Power Up Brands L.L.C. in asserting any available defenses.

## 21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

## 22. Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in [City, State]. You agree to waive any right to a jury trial.

## 23. Entire Agreement

These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Team Power Up Brands L.L.C. regarding your use of our Service and supersede any prior agreements between you and Team Power Up Brands L.L.C. relating to your use of our Service.

## 24. Waiver and Severability

The failure of Team Power Up Brands L.L.C. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

## 25. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Team Power Up Brands L.L.C., but may be assigned by Team Power Up Brands L.L.C. without restriction.

## 26. Termination

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Service, us, or third parties, or for any other reason. Upon termination:

- Your license to use the Service will immediately cease

- You will lose access to any User Data stored in the Service, unless otherwise specified in your Subscription plan

- We may, but are not obligated to, delete your User Data after a certain period of time

If you wish to terminate your account, you may do so by following the instructions on the Service or by contacting us at [email protected].

## 27. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

## 28. Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control. You warrant that you are not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

## 29. U.S. Government Users

If you are a U.S. government user, the Service is provided as "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202.

## 30. Force Majeure

Team Power Up Brands L.L.C. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease.

## 31. No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights on any person or entity.

## 32. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

Last Updated: 2025-05-19

## Regulatory Compliance

### California Consumer Privacy Act (CCPA) Compliance

The following provisions apply to users protected by California, United States regulations:

## Information Collection Notice for California Residents

Under the California Consumer Privacy Act (CCPA), we are required to inform California residents about the categories of personal information we collect and the purposes for which we use this information.

In the past 12 months, we have collected the following categories of personal information:

- Identifiers (such as name, email address, IP address)

- Commercial information (such as products purchased or considered)

- Internet or other electronic network activity (such as browsing history)

- Geolocation data

- Inferences drawn from other personal information

We use this information for the business and commercial purposes described in our Privacy Policy.

## California Privacy Rights

If you are a California resident, you have the following rights under the CCPA:

- Right to know: You can request information about the personal information we have collected about you and how we have used and disclosed it.

- Right to delete: You can request the deletion of your personal information, subject to certain exceptions.

- Right to opt-out: You can opt out of the sale of your personal information, if applicable.

- Right to non-discrimination: We will not discriminate against you for exercising any of your CCPA rights.

To exercise your rights, you can submit a verifiable consumer request by contacting us at [CONTACT_INFORMATION] or through the methods described in our Privacy Policy. You may make a request up to twice within a 12-month period. We will respond to your request within 45 days, with a possible extension of up to 45 additional days when reasonably necessary.

## California Do Not Sell My Personal Information

Under the CCPA, California residents have the right to opt-out of the sale of their personal information. [DOES/DOES NOT] sell personal information as defined by the CCPA.

[IF APPLICABLE: To opt out of the sale of your personal information, please contact us at [email protected]

## Financial Incentives Notice

[IF APPLICABLE: offers certain financial incentives in connection with the collection, retention, or sale of your personal information. These incentives include using your information to market services to you directly. The value of your data to us is related to the value you receive from our products and services, which depends on several factors including but not limited to [RELEVANT FACTORS].

You can opt in to financial incentives by emailing us at [email protected] and you have the right to withdraw at any time by sending us an email and saying you wish to opt out

## Additional Terms

## API Usage and Integration

### API License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Application Programming Interface ("API") for the purpose of developing, testing, and supporting your integration with our Services, and for facilitating your use of our Services.

### API Credentials and Security

To access our API, you may need to register for API credentials (such as API keys, tokens, or passwords). You agree to:

- Keep your API credentials secure and confidential

- Not share your API credentials with any third party without our prior written consent

- Implement reasonable security measures to protect your API credentials

- Notify us immediately of any breach or unauthorized use of your API credentials

You are responsible for all activities that occur under your API credentials.

### Usage Restrictions and Rate Limits

Your use of our API is subject to the following restrictions:

- API calls may be subject to rate limits (requests per minute, hour, or day)

- Usage may be capped at certain volumes based on your service tier

- Certain API functionality may require additional permissions or separate agreement

- You may not use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage

We reserve the right to enforce API rate limits, monitor API usage, and suspend or terminate API access for violations of these restrictions.

### API Changes and Deprecation

We may modify, update, or discontinue any aspect of our API at any time. For material changes to the API, we will make reasonable efforts to provide advance notice. We may offer version support according to our API Lifecycle Policy, but we are not required to support previous versions of the API indefinitely.

### Technical Documentation

We provide technical documentation for the use of our API. While we strive to keep documentation accurate and up-to-date, we do not warrant that the documentation will be error-free. Technical documentation is provided "as is" without warranty of any kind.

### Third-Party Applications

If you develop applications for third parties that integrate with our API, you agree to:

- Provide clear attribution identifying the use of our Service in your application

- Ensure your end users comply with these Terms

- Not misrepresent your relationship with us or suggest that we endorse your application

- Comply with all applicable laws and regulations, including data protection laws

### Monitoring and Analytics

We may monitor your use of the API for compliance with these Terms, security purposes, and to improve our Services. This monitoring may include the number of API calls, traffic patterns, and content of API requests and responses (consistent with our Privacy Policy).

## Data Processing Terms

### Scope and Roles

These Data Processing Terms apply when we process personal data on your behalf in the course of providing our Services. For the purpose of these terms, you are the "Data Controller" and we are the "Data Processor" as those terms are defined in applicable data protection laws.

These terms supplement our Terms of Service and form a Data Processing Agreement ("DPA") between you and us. In case of any conflict between these Data Processing Terms and the rest of our Terms of Service, these Data Processing Terms shall prevail with respect to the processing of personal data.

### Processing Obligations

We will:

- Process personal data only on your documented instructions, including with regard to transfers of personal data to a third country or international organization

- Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality

- Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing

- Assist you, taking into account the nature of processing, in responding to requests from data subjects

- Assist you in ensuring compliance with security, breach notification, impact assessment, and consultation obligations under applicable data protection laws

- At your choice, delete or return all personal data to you after the end of the provision of services relating to processing

- Make available to you all information necessary to demonstrate compliance with these obligations and contribute to audits, including inspections, conducted by you or an auditor mandated by you

### Subprocessors

You provide general authorization for us to engage subprocessors to process personal data on your behalf. We will maintain an up-to-date list of our subprocessors on our website at [SUBPROCESSOR_LIST_URL], including their name, location, and processing activities.

We will inform you of any intended changes concerning the addition or replacement of subprocessors at least [NUMBER] days in advance, giving you the opportunity to object to such changes. If you object to a new subprocessor, we will make reasonable efforts to resolve your objection or provide an alternative solution. If we cannot resolve the issue within [NUMBER] days, you may terminate the affected Services.

We will impose data protection terms on all subprocessors to provide at least the same level of data protection required by these Data Processing Terms.

### Data Transfers

We will only transfer personal data to countries outside the European Economic Area (EEA) or other protected jurisdictions where appropriate safeguards are in place. These safeguards may include:

- Adequacy decisions by relevant authorities

- Standard contractual clauses approved by relevant authorities

- Binding corporate rules

- Other valid transfer mechanisms

### Data Breach Notification

We will notify you without undue delay after becoming aware of a personal data breach affecting the personal data we process on your behalf. Our notification will include, to the extent possible:

- The nature of the breach

- The categories and approximate number of data subjects concerned

- The categories and approximate number of personal data records concerned

- The likely consequences of the breach

- The measures taken or proposed to address the breach and mitigate possible adverse effects

### Records of Processing

We will maintain records of our processing activities as required by applicable data protection laws. Upon your reasonable request, we will make these records available to you to demonstrate our compliance with these Data Processing Terms.

## Subscription Management

### Subscription Plans and Billing Cycles

We offer various subscription plans with different features, limitations, and pricing. The specific details of available plans are described on our pricing page. Subscriptions may be offered on a monthly, quarterly, annual, or other recurring basis as specified during signup.

By subscribing to our Services, you authorize us to charge the applicable subscription fees to your designated payment method at the beginning of each billing period. For monthly subscriptions, you will be billed on the same date each month. For annual subscriptions, you will be billed on the same date each year. If a billing date falls on a date that does not exist in a particular month (e.g., the 31st), you will be billed on the last day of that month.

### Automatic Renewal

All subscriptions automatically renew unless canceled by you prior to the renewal date. By subscribing, you authorize us to automatically charge your payment method for the subscription term at the then-current rate. If the renewal fails due to payment issues, we may attempt to process the payment multiple times within a 7-day period.

### Price Changes

We may change the price of our subscription plans from time to time. If we change the pricing for your subscription plan, we will provide notice of the change through our Services or via email at least [NUMBER] days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the updated price. If you do not agree to a price change, you must cancel your subscription before the change goes into effect.

### Payment Methods

We accept various payment methods, which may include credit cards, debit cards, PayPal, and other payment services as indicated during the checkout process. You agree to provide current, complete, and accurate billing information and to promptly update such information if it changes. For subscription services, you authorize us to store your payment method information for future charges.

### Cancellation

You may cancel your subscription at any time through your account settings or by contacting our customer support at [email protected] or texting us at 973-404-0990 with subject line titled Cancel Service (user name). Upon cancellation, your subscription will remain active until the end of your current billing period, and you will not receive a refund for any fees already paid.

### Free Trials and Promotional Periods

We may offer free trials or promotional periods for our subscription services. Unless otherwise stated, free trials automatically convert to paid subscriptions at the end of the trial period. To avoid charges, you must cancel before the end of the free trial period. You may be required to provide a valid payment method to start a free trial, and we may authorize a nominal charge to verify your payment method.

You are eligible for one free trial per subscription plan unless we explicitly permit otherwise. We reserve the right to determine eligibility for free trials and to limit or prohibit free trials at our discretion.

### Refunds

All subscription fees are non-refundable except as expressly stated in these Terms or as required by applicable law. In exceptional circumstances, we may, at our sole discretion, offer a partial or full refund. Any refunds will be processed using the original payment method unless otherwise specified. You may also visit our refund Policy page for specific information related to refunds.

### Subscription Pausing

[IF APPLICABLE: We offer the option to pause your subscription for a limited period instead of canceling it. During the pause period, you will not have access to subscription features, and you will not be charged. You can pause your subscription for an indefinite amount of time. To pause your subscription, simply send us an email at [email protected] or text us at 973-404-0990.

### Account Delinquency

If payment cannot be charged to your payment method for any reason (such as expiration, insufficient funds, or otherwise), we will make reasonable attempts to notify you and retry the charge. If we are unable to charge your payment method after multiple attempts, we may suspend or terminate your access to the Services. You remain responsible for any uncollected amounts.

### Tax and VAT

Subscription fees may not include applicable taxes such as sales tax, value-added tax (VAT), or goods and services tax (GST). Where required by law, we will collect and remit these taxes to the appropriate authorities. You are responsible for any taxes not collected by us that are applicable to your purchase.

## Accessibility

### Commitment to Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to WCAG 2.1 Level AA standards (Web Content Accessibility Guidelines) and applicable laws regarding accessibility.

### Accessibility Features

Our Services may include the following accessibility features:

- Text alternatives for non-text content

- Captions and other alternatives for multimedia

- Content that can be presented in different ways without losing information

- Functionality that is available from a keyboard

- Sufficient time for users to read and use content

- Content that does not cause seizures or physical reactions

- Ways to help users navigate and find content

- Text that is readable and understandable

- Content that appears and operates in predictable ways

- Input assistance to help users avoid and correct mistakes

- Compatibility with current and future user tools

### Third-Party Content

While we strive to ensure all content on our Services is accessible, we may not have control over all third-party content or applications that may be integrated into our Services. We cannot guarantee that such third-party content will meet all accessibility requirements.

### Feedback and Assistance

If you experience any difficulty accessing any part of our Services, or if you require assistance or have suggestions for improving accessibility, please contact us at [email protected]. We welcome your feedback and are committed to continually improving the accessibility of our Services.

### Accessibility Statement

For more detailed information about our accessibility efforts, please refer to our Accessibility Statement at [ACCESSIBILITY_STATEMENT_URL].

## Dispute Resolution and Arbitration

### Informal Dispute Resolution

Before filing a claim against us, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days after submission, you or we may initiate formal proceedings.

### Agreement to Arbitrate

You and we agree to resolve any disputes between us through binding and final arbitration instead of through court proceedings. You acknowledge and agree that you are waiving the right to sue in court, have a jury trial, or participate in a class action.

This arbitration agreement is governed by the Federal Arbitration Act and shall survive the termination of these Terms. The arbitration will be conducted by [ARBITRATION_PROVIDER] under its then-current rules and procedures, including any supplementary procedures for consumer-related disputes.

### Exceptions to Arbitration

Notwithstanding the foregoing, the following shall not be subject to arbitration: (1) small claims court cases that qualify; (2) disputes related to intellectual property (like patents, trademarks, and copyright); (3) disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (4) any claim for injunctive relief.

### Arbitration Procedures

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: 54 Ringwood Ave, Ringwood, NJ 07456. The arbitration will be conducted in Passaic County, NJ unless you and we agree to conduct it elsewhere. If the value of your claim does not exceed $10,000, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules.

### Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the arbitration provider's rules. If the arbitrator finds that your claim is non-frivolous, we will pay all filing, administration, and arbitrator fees associated with the arbitration, regardless of who initiated the proceeding.

### Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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.

### Opt-Out Procedure

You have the right to opt out of this arbitration agreement within 30 days of the date you first agreed to these Terms by sending a signed letter stating your decision to 54 Ringwood Ave, Ringwood, NJ 07456. If you opt out of this arbitration agreement, all other parts of these Terms will continue to apply to you.

### Severability

If any part of this arbitration agreement is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this arbitration agreement shall be unenforceable in its entirety.

### Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this arbitration agreement (except a change to the notice address), you may reject any such change by sending us written notice within 30 days of the change.

## Intellectual Property Rights

### Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Team Power Up Brands L.L.C. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Team Power Up Brands L.LC.

### Your License to Use Our Content

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

### Third-Party Intellectual Property

The Service may display content that belongs to third parties. You may not use this third-party content without the permission of these third parties, and your use of third-party content may be subject to additional terms and conditions. We are not responsible for examining or evaluating the content or accuracy of any third-party content, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

### Copyright Complaints

If you believe that any material available on or through the Service infringes upon your copyright, please notify us in accordance with our Copyright Policy, which is incorporated by reference into these Terms. We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that allegedly infringes any copyright.

### DMCA Compliance

If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

- Identification of the copyrighted work claimed to have been infringed

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material

- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Our designated Copyright Agent to receive notifications of claimed infringement is: Luis Delpino, 54 Ringwood Ave, Ringwood, NJ 07456, [email protected], 973-404-0990.