Strapt’s Mobile Application End User License Agreement

Strapt Vending Mobile Application End User License Agreement This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Strapt Inc., (“Strapt,” “we,” “our,” or “us”). This Agreement governs your use of our vending dispensers and online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Strapt, including the websites https://www.straptvending.com/ and https://strapt-vending.web.app (each, a “Website”) and the Strapt Vending Mobile Application Google Android® and Apple iOS® platforms, (including all related documentation, each, an “Application”), as well as the services (“Services”) and products (“Products”) available to users through the vending machine dispensers, Application and Websites (the “Platform”). For purposes of this Agreement, the term “you” includes any other individual accessing the Platform or obtaining any of the Products or Services available through the Platform from your Mobile Device (as defined below) or internet connection.

BY INSTALLING THE APPLICATION OR USING OUR PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INSTALL THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE OR USE OUR PLATFORM. PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION AGREEEMNT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. INSTEAD, YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION; ARBITRATION AGREEMENT” FOR DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH US.

1. Platform Access and Use

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with Platform or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Strapt or users of the Platform or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform. You agree to use the Platform as needed, in good faith, and not in excess and/or for the purpose of replacing home purchases, thereby interfering with any other party's ability to enjoy the same access to our Platform.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored or operates from, or any server, computer, database, or vending machine that comprise the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

Violations of system or network security may result in civil or criminal liability. Strapt may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on or through the Platform.

We reserve the right to withdraw or amend the Platform, and any Products, service, or material we provide on or through the Platform, in our sole discretion without notice. However, the Platform’s content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

2. Application License Grant; License Restrictions; Updates

Subject to the terms of this Agreement, Strapt grants you a limited, non-exclusive and nontransferable license to: (a) download, install and use the Application for your personal, non-commercial use on each mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and (b) to access and use our Products and Services that are made available or otherwise accessible through the Application.

For Application Users on Apple iOS® platforms: This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Application” is considered the “Licensed Application” as defined in the LAEULA and Strapt is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You, as the end-user of the Application, and Strapt acknowledge that this Agreement is entered into between you and Strapt and not with Apple, Inc. You further acknowledge that Apple, Inc. and its subsidiaries are third party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. We are solely responsible for the Application and any content contained therein. You also acknowledge that you have reviewed the Apple App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). Any further references in this Agreement to the “Agreement” will include the LAEULA. You must not:

• copy the Applications, except as expressly permitted by this license;
• modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Applications;
• reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Applications or any part thereof;
• remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Applications, including any copy thereof;
• remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Platform.

Strapt may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Strapt has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of this Agreement.

3. Reservation of Rights.

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform under this Agreement, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement.

This Agreement permits you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform except as necessary to access the Platform and obtain Products. If you violate any of the terms of this Agreement, your right to access and use the Platform will cease immediately.

4. Collection and Use of Your Information.

You acknowledge that when you download, install, or use the Platform, Strapt may use automatic means (including, for example, cookies and web beacons) to collect information about you’re the device you use to access the Platform and about your use of the Platform. All information we collect through or in connection with this Platform is subject to our Privacy Policy (“Privacy Policy”). By downloading, installing, using and providing information on or through this Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5. Terms and Conditions of Sale of Products

The following terms apply to the purchase and sale of Products on or through the Platform. Although the Products and Services offered on the Platform may be offered to you for a limited time at no charge, the following terms still apply and your obtaining of any Product or Service will be considered a “sale” as described below.

• Order Acceptance. You agree that your order is an offer to buy, under the terms of this Agreement, for Products you order. All orders must be first accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion.
• No Resale. You represent and warrant that you are buying products or services from the Platform for your own personal or household use only, and not for resale or export.
• Pricing and Typographical Errors. All prices, discounts, and promotions for Products and Services available on or through the Platform are subject to change without notice (including any availability of any Products for free). We strive to display accurate price and other information about Products and Services, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to the Products and Services. In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products or Services listed at the incorrect price.
• Return Policy. All sales are final and all Products are non-returnable.
• Online Payments. You may be able to purchase Products on or through the Platform. We accept credit and debit cards issued by U.S. banks (your “payment method”). You and Strapt agree that the payment method you submit may be used automatically by Strapt or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, Strapt may obtain preapproval for an amount up to the amount of the payment. You agree to allow Strapt to securely store your payment method. We may use Stripe or Paypal for payment processing. Stripe’s privacy policy may be found at https://stripe.com/privacy and Paypal’s privacy policy may be found at https://www.paypal.com/us/webapps/mpp/ua/privacy-full. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
  

6. Geographic Restrictions.

Access to and use of the Platform is limited exclusively to users located in the United States. Access to the Platform may not be legal by certain persons or in certain countries. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

7. Electronic Communications.

When you use the Platform, or send e-mails, messages, and other communications from your desktop or Mobile Device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

8. Consent to Receive Text Messages.

By providing your mobile number, you are agreeing to be contacted by or on behalf of Strapt at the mobile number you have provided, including text messages, to receive Product or Service related (e.g., purchases, etc.) messages and communications relating to the Platform and Services. Message and data rates may apply. For help, reply with the word HELP to our text. To stop receiving text messages reply with the word STOP to our text. We may confirm your opt out by text message. Please note, that by withdrawing your consent, some Platform features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

9. Third Party Materials.

The Platform may display, include or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Strapt is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Strapt does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

10. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• Include both of the following statements in the body of the DMCA Notice:
  
  “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  
  “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  
  
• Our designated Copyright Agent to receive DMCA Notices is:
  
  Attn: Copyright Agent
  Strapt Vending
  6595 Roswell Road
  Suite G-6391
  Atlanta GA 30328
  (470) 869-0171
  Legal@straptvending.com
  
  

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

11. Term and Termination.

The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Strapt as set forth in this Section 11. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

Strapt reserves the right, in its sole discretion, to terminate your access to all or part of this Platform, with or without cause, and with or without notice, and to terminate this Agreement at any time without notice if it ceases to support the Platform, which Strapt may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Platform and delete all copies of the Application from your Mobile Device and account.

Termination will not limit any of Strapt’s rights or remedies at law or in equity.

12. Disclaimer of Platform Warranties.

THE PLATFORM, ITS CONTENTS, AND ANY PRODUCTS OBTAINED THROUGH THE PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, STRAPT, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND ITS AND THEIR LICENSORS OR SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM AND THE PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, STRAPT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, PLATFORMS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SUBJECT TO THE FOREGOING, YOU ACKNOWLEDGE THAT AS BETWEEN APPLE, GOOGLE, AND STRAPT, STRAPT IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS OF THE END-USER OR ANY THIRD PARTY RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS FOR THE APPLICATION; (II) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

13. Manufacturer’s Warranty and Disclaimers.

We do not manufacture or control any of the products or services offered through the Platform. The availability of Products through the Platform does not indicate an affiliation with or endorsement of any Product or its manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered through the Platform. However, the Products offered through our Platform are covered by the manufacturer’s warranty as detailed in the Product’s description on our Platform and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.

EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STRAPT OR ITS SUPPLIERS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE PRODUCTS AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PLATFORM.

WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INJURIES THAT ARISE FROM OR ARE RELATED TO YOUR USE OR MISUSE OF ANY PRODUCTS AND SERVICES OBTAINED ON OR THROUGH THE PLATFORM.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR STRAPT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

15. Force Majeure.

We will not be deemed to be in breach of these terms or liable for any breach of this Agreement or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

16. Intellectual Property Rights.

You and Company acknowledge that, in the event of any third party claim that the Application or your use of the Application infringes any third party's intellectual property rights, Company, not Apple, Inc, nor Google, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Application be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the Application or to use a non-infringing version of the Application should Company choose to provide you with such a non-infringing version.

17. Indemnification.

You agree to indemnify, defend and hold harmless Strapt and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Platform, Products or Services, or your breach of this Agreement.

18. Application Support; Functionality.

All questions and requests relating to Platform support must be directed to Strapt. To submit a support request, please email us at support@straptvending.com or call us at (470)-869-0171. Strapt will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Platform at any time, without notice. You acknowledge that neither Apple, Inc. nor Google, Inc. has any obligation whatsoever to furnish any maintenance and support services with respect to the Application.

19. Modified Devices and Operating Systems.

Strapt will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any Mobile Device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Platform on Modified Devices will be at your sole and exclusive risk and liability.

20. Export Regulation.

The Platform may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Platform available outside the US.

21. Severability.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

22. Governing Law.

This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule.

23. Dispute Resolution; Arbitration Agreement.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. We will try to work in good faith to resolve any issue you have with the Platform, including without limitation, Products and Services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, USE OF THE PRODUCT OR SERVICES OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STRAPT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT STRAPT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Further, unless both you and Strapt agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Arbitration Procedures. The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc., (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures as they exist on the effective date of these Terms, and as amended by these Terms. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Dallas, Texas. The arbitrator’s decision will follow this Agreement will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

If the arbitration terms and conditions of this Section 24 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of this Agreement shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Atlanta, GA.

24. Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Entire Agreement.

This Agreement and our Privacy Policy constitute the entire agreement between you and Strapt with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform.

26. Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

27. Revisions.

Strapt reserves the right to modify this Agreement at any time, effective upon posting. Any use of this Platform after such changes will be deemed an acceptance of those changes. You agree to review this Agreement each time you access this Platform so that you may be aware of any changes to this Agreement.

28. Your Comments and Concerns

This Platform is operated by Strapt Inc.; 170 Boulevard Se #E426; Atlanta, GA 30312; Phone: (470)-869-0171. All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: support@straptvending.com.