1. Term

This Agreement is effective as of the date that you first access or use the Platform and will continue until terminated as set forth herein. Termination of this Agreement shall not affect any rights, obligations, liabilities, transactions, disputes, claims, indemnification obligations, payment obligations, or other provisions that by their nature are intended to survive termination.

2. Changes to this Agreement

We may revise and update this Agreement and any Supplemental Terms from time to time in our sole discretion. Unless otherwise stated, any amendments shall be effective when published by SoldSafe when posted on the Platform, presented during a transaction or account flow, provided through account settings, communicated by email or other electronic means, or otherwise made available to you.

For material changes, SoldSafe may provide notice through the Platform, by email, or through other electronic means.

Your continued access to or use of the Platform or Services after any changes become effective constitutes your acceptance of the revised Agreement and any revised Supplemental Terms. If you do not agree to any revised Agreement or Supplemental Terms, your sole remedy is to discontinue use of the Platform and Services.

You are responsible for reviewing this Agreement and any applicable Supplemental Terms periodically to remain informed of any changes.

3. Access

By accessing and using the Platform, you represent and warrant that: (a) all information provided to SoldSafe is and will remain truthful, complete, current, and accurate, and you will promptly update such information upon any change; (b) your access to and use of the Platform does not and will not violate any applicable laws of your local jurisdiction; and (c) you are at least eighteen (18) years old and legally capable of entering into binding contracts under applicable law.

You agree to provide any information, documentation, certifications, or verification reasonably requested by SoldSafe in connection with identity verification, fraud prevention, account security, legal compliance, or use of the Platform and Services.

SoldSafe may suspend or restrict access to the Platform or Services if SoldSafe determines that any information provided by you is inaccurate, incomplete, misleading, unverifiable, or otherwise presents legal, compliance, fraud, security, or operational risks.

All information you provide through the Platform is subject to our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4. Account Security

You are responsible for maintaining the security of your account, login credentials, authentication methods, devices, and any communications channels associated with your account.

You may not share your account, authentication credentials, verification codes, or access to the Platform with any other person.

You are responsible for all activity occurring under your account, whether or not authorized by you, unless and until you notify SoldSafe of unauthorized access and SoldSafe has a reasonable opportunity to restrict such access.

You must immediately notify SoldSafe if you suspect or become aware of any unauthorized access to your account, credentials, authentication method, device, email account, phone number, or other security incident related to your use of the Platform.

SoldSafe may suspend or restrict access to any account where it reasonably suspects unauthorized access, fraud, identity misuse, security risks, or violations of this Agreement.

You hereby release SoldSafe and its affiliates from liability arising from any loss or damage from your failure to comply with this security obligation. You should notify us immediately if you suspect any unauthorized use of your account or access to your password.

5. Use of the Platform

5.1. Your License Rights. Subject to the terms and conditions of this Agreement, SoldSafe grants you a revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Platform and Services solely for their intended purposes and in accordance with this Agreement.

5.2. Restrictions. Except as otherwise expressly permitted in this Agreement, you agree that will not: (a) reproduce, distribute, publicly display, sublicense, lease, rent, loan, transfer, or otherwise make available the Platform except as expressly provided in this Addendum; (b) modify, adapt, alter, translate, or create derivative works of the Platform or any components thereof; (c) merge the Platform with any other software, except as authorized by SoldSafe; (d) develop an alternative to the Platform that is based on or derived from, in whole or in part, the Platform or other information or materials of SoldSafe; (e) use the Platform in violation of any import, export, re-export or other applicable Laws; (f) attempt to deactivate, bypass, or otherwise circumvent the license keys or other security measures included in the Platform; (g) attempt to gain unauthorized access to any data, functionality, or systems; (h) attempt to use automated systems (such as test tools, screen capture technology, scripted browsers, or other programmatic methods) not approved by SoldSafe in conjunction with the Platform; (i) remove or obscure any copyright or other proprietary rights notices, trademarks, logos or trade designations for the Platform, or on any user screens, interfaces or documentation; (j) disseminate viruses, Trojan horses, spyware, adware, or other malicious code; (k) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Platform; (l) replicate or attempt to replicate the Platform, or any Intellectual Property Rights embodied therein; (m) use the Platform or Services for any fraudulent, deceptive, unlawful, abusive, or unauthorized purpose; (n) use the Platform or Services in connection with any item, transaction, activity, or conduct prohibited by applicable Supplemental Terms; or (o) encourage or assist any third party to do any of the foregoing.

5.3. System Requirements. You are solely responsible for ensuring that your systems meet the hardware, software and any other applicable system requirements for your use of the Platform. SoldSafe will have no obligations or responsibility under this Agreement for issues caused by your use of any hardware or software not provided by SoldSafe.

5.4. Acknowledgement. You acknowledge and agree that your engagement hereunder is not on reliance upon the delivery of any future functionality or features, nor dependent on any oral comments made by SoldSafe regarding future functionality or features, except as otherwise set forth herein.

5.5. Consents. You are solely responsible for obtaining and maintaining all consents, permissions, authorizations, licenses, and approvals necessary for your use of the Platform and Services and for any information, content, communications, transactions, or activities conducted by you through the Platform.

5.6. No Reliance. SoldSafe provides a technology platform that may include identity verification, trust and safety features, transaction facilitation tools, and other services designed to assist users in evaluating and conducting transactions. While SoldSafe may verify certain information provided by users and offer features intended to promote trust and safety, SoldSafe does not guarantee any user's identity, honesty, trustworthiness, reputation, intent, authority, ownership rights, compliance with law, future conduct, or performance.

SoldSafe does not inspect, evaluate, certify, authenticate, test, guarantee, endorse, or take title to any item, listing, product, service, description, representation, transaction, or transaction term. SoldSafe is not responsible for the quality, condition, safety, legality, authenticity, ownership, delivery, suitability, or accuracy of any item, listing, product, service, or transaction offered through or in connection with the Platform.

You are solely responsible for evaluating whether to engage in any transaction, conducting any investigation or diligence you deem appropriate, complying with applicable laws, and determining whether any item, listing, transaction, or user is suitable for your purposes.

6. Ownership and Feedback

The Platform is made available on a limited license or access basis, and no ownership right is conveyed to you. SoldSafe and its licensors have and retain all right, title and interest, including all intellectual property rights, in and to the Platform, Services, software, technology, content, workflows, transaction protection programs, trademarks, branding, and all related intellectual property rights.

From time to time, you may choose to submit Feedback to us. For purposes of this Agreement, "Feedback" means comments, questions, ideas, suggestions or other feedback relating to the Platform or Services. SoldSafe may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in this Agreement limits SoldSafe's right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

You grant SoldSafe a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, transmit, and otherwise use any content submitted through the Platform as reasonably necessary to operate, maintain, improve, and provide the Platform and Services. Nothing in this Agreement grants SoldSafe ownership of any personal information or other data relating to you, except as expressly provided in this Agreement and the Privacy Policy.

7. Updates

SoldSafe may, from time to time in its sole discretion, develop, modify, suspend, discontinue, replace, or provide updates, enhancements, features, functionality, programs, requirements, controls, or services (collectively, "Updates"). Updates may modify, suspend, restrict, discontinue, or remove features, functionality, programs, services, workflows, requirements, or portions of the Platform. SoldSafe may implement changes that it reasonably determines are necessary for security, fraud prevention, legal compliance, operational integrity, risk management, or protection of users and the Platform. You acknowledge and agree that SoldSafe has no obligation to provide any Updates or to continue to provide, maintain, support, or enable any particular feature, functionality, program, service, or aspect of the Platform.

8. Third-Party Products

The Platform and Services may incorporate, rely upon, interact with, or be provided in whole or in part through third-party products, services, systems, applications, integrations, and service providers. Certain features of the Platform may depend upon payment processors, identity verification providers, communications providers, hosting providers, fraud prevention providers, and other third-party service providers. SoldSafe may add, remove, replace, modify, or discontinue any such third-party providers at any time in its discretion. You acknowledge and agree that SoldSafe may provide information relating to you, your account, your use of the Platform, and your transactions to such third-party providers as reasonably necessary to provide, operate, maintain, secure, support, investigate, improve, or comply with legal requirements applicable to the Platform and Services.

The Platform may also permit you to access, interact with, or utilize third-party products or services that are subject to separate terms between you and the applicable third-party provider. Your receipt or use of any such third-party products or services is governed solely by the agreement between you and the applicable third-party provider.

You acknowledge that third-party providers may access, use, store, transmit, transfer, modify, or delete information relating to you as necessary for the operation of their products and services in connection with the Platform. Any third-party provider's use of such information is governed by the applicable agreement, privacy policy, or other terms of such third-party provider.

SOLDSAFE IS NOT RESPONSIBLE FOR ANY THIRD-PARTY PRODUCTS, SERVICES, SYSTEMS, INTEGRATIONS, OR PROVIDERS, INCLUDING THEIR AVAILABILITY, PERFORMANCE, SECURITY, PRIVACY PRACTICES, LEGAL COMPLIANCE, OR ACTS OR OMISSIONS. SOLDSAFE IS NOT RESPONSIBLE FOR ANY DELAY, INTERRUPTION, SUSPENSION, FAILURE, ERROR, UNAVAILABILITY, SECURITY INCIDENT, DATA LOSS, OR OTHER ISSUE CAUSED BY OR ATTRIBUTABLE TO ANY THIRD-PARTY PRODUCT, SERVICE, SYSTEM, INTEGRATION, OR PROVIDER. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND DETERMINING WHETHER TO ACCEPT THE TERMS APPLICABLE TO ANY THIRD-PARTY PRODUCT OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLDSAFE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELATING TO ANY THIRD-PARTY PRODUCT, SERVICE, SYSTEM, INTEGRATION, OR PROVIDER.

9. Confidentiality

You acknowledge that certain information regarding the Platform, Services, software, security measures, fraud prevention systems, verification procedures, business operations, and other non-public information made available by SoldSafe constitutes confidential and proprietary information of SoldSafe ("Confidential Information").

You agree not to disclose, use, reproduce, distribute, publish, or otherwise make available any Confidential Information except as expressly permitted by this Agreement or with SoldSafe's prior written consent.

This section does not apply to information that is publicly available through no fault of your own, was lawfully known to you before disclosure by SoldSafe, or is required to be disclosed by law, regulation, or court order.

You acknowledge that unauthorized disclosure or use of Confidential Information may cause irreparable harm to SoldSafe for which monetary damages may be inadequate and that SoldSafe may seek injunctive or equitable relief in addition to any other remedy available at law or equity.

10. Termination

10.1. Termination by You. You may cease use of the Platform at any time. If you wish to close your account, you may do so through any method made available by SoldSafe from time to time, including through the Platform or by contacting SoldSafe support.

10.2. Termination by Us. SoldSafe, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Platform, or any other SoldSafe service, for any reason at any time, with or without prior notice. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all information in your account, unless otherwise required to be maintained under applicable law. Without limiting the foregoing, SoldSafe may suspend, restrict, limit, or terminate access to the Platform or Services for fraud prevention, legal compliance, security concerns, identity verification issues, payment disputes, suspected misconduct, violation of this Agreement or any Supplemental Terms, protection of users, protection of the Platform, or any other risk-related reason determined by SoldSafe in its discretion. SoldSafe may retain account information, transaction information, communications, verification records, dispute information, and other records following termination to the extent reasonably necessary for legal compliance, enforcement of this Agreement, fraud prevention, dispute resolution, risk management, business purposes, or as otherwise permitted by law.

11. Warranties and Disclaimer

11.1. General Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. If you are an entity, you represent and warrant that this Agreement is entered into by an employee or agent of such entity with all necessary authority to bind such entity to the terms and conditions of this Agreement.

11.2. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1 (GENERAL WARRANTIES), THE PLATFORM AND SERVICES ARE PROVIDED "AS IS," AND SOLDSAFE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SOLDSAFE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SOLDSAFE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SOLDSAFE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PLATFORM WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PLATFORM (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SOLDSAFE DOES NOT WARRANT OR GUARANTEE THE IDENTITY, HONESTY, TRUSTWORTHINESS, REPUTATION, CONDUCT, AUTHORITY, OWNERSHIP RIGHTS, CREDITWORTHINESS, OR PERFORMANCE OF ANY USER. SOLDSAFE DOES NOT INSPECT, TEST, CERTIFY, AUTHENTICATE, EVALUATE, OR GUARANTEE ANY ITEM, LISTING, PRODUCT, SERVICE, DESCRIPTION, REPRESENTATION, OR TRANSACTION. SOLDSAFE DOES NOT WARRANT OR GUARANTEE THAT ANY TRANSACTION WILL BE COMPLETED, THAT ANY ITEM WILL BE DELIVERED, THAT ANY PARTY WILL PERFORM AS EXPECTED, OR THAT ANY DISPUTE WILL BE RESOLVED IN ANY PARTICULAR MANNER. ANY REPAIR REIMBURSEMENT BENEFIT, TRANSACTION PROTECTION FEATURE, OR SIMILAR PROGRAM IS PROVIDED SUBJECT TO APPLICABLE SUPPLEMENTAL TERMS AND IS NOT A WARRANTY, GUARANTY, INSURANCE PRODUCT, OR SERVICE CONTRACT UNLESS EXPRESSLY STATED OTHERWISE BY SOLDSAFE.

12. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOLDSAFE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, PAYMENT PROCESSORS, IDENTITY VERIFICATION PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, THE SERVICES, ANY SUPPLEMENTAL TERMS, ANY TRANSACTION, ANY USER, ANY ITEM, ANY LISTING, ANY PAYMENT, ANY PAYMENT PROCESSOR, ANY IDENTITY VERIFICATION RESULT, ANY REPAIR REIMBURSEMENT BENEFIT, ANY TRANSACTION PROTECTION FEATURE, OR ANY ACT OR OMISSION OF ANY THIRD PARTY, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF SOLDSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, SOLDSAFE SHALL NOT BE LIABLE FOR ANY DISPUTE, CLAIM, LOSS, DAMAGE, INJURY, COST, EXPENSE, LIABILITY, OR OTHER HARM ARISING OUT OF OR RELATING TO ANY USER, ITEM, LISTING, TRANSACTION, PAYMENT, PAYMENT PROCESSOR, IDENTITY VERIFICATION RESULT, MISREPRESENTATION, FRAUD, THEFT, FAILURE TO COMPLETE A TRANSACTION, OR ACT OR OMISSION OF ANY THIRD PARTY.

IDENTITY VERIFICATION FEATURES ARE PROVIDED FOR INFORMATIONAL, FRAUD-PREVENTION, AND TRUST-AND-SAFETY PURPOSES ONLY AND SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, GUARANTEE, OR LIABILITY ON THE PART OF SOLDSAFE.

ANY REPAIR REIMBURSEMENT BENEFIT, TRANSACTION PROTECTION FEATURE, OR SIMILAR PROGRAM PROVIDED BY SOLDSAFE IS SUBJECT TO APPLICABLE SUPPLEMENTAL TERMS AND SHALL NOT INCREASE OR EXPAND SOLDSAFE'S LIABILITY BEYOND THE LIMITATIONS SET FORTH IN THIS AGREEMENT.

THE TOTAL CUMULATIVE LIABILITY OF SOLDSAFE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, THE SERVICES, ANY SUPPLEMENTAL TERMS, OR ANY RELATED CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO SOLDSAFE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, STATUTE, OR OTHERWISE, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OR EXTEND THESE LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitations on Time to File Claims

ANY CAUSE OF ACTION, CLAIM, DEMAND, DISPUTE, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, THE SERVICES, ANY SUPPLEMENTAL TERMS, OR ANY FEATURE, PROGRAM, TRANSACTION, OR ACTIVITY MADE AVAILABLE THROUGH THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION, CLAIM, DEMAND, DISPUTE, OR PROCEEDING IS PERMANENTLY BARRED.

THE PARTIES EXPRESSLY AGREE THAT THIS LIMITATION PERIOD IS A MATERIAL TERM OF THIS AGREEMENT AND APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification by You

You agree to defend, indemnify, and hold harmless SoldSafe, its affiliates, licensors, service providers, payment processors, identity verification providers, and each of their respective officers, directors, employees, contractors, clients, agents, suppliers, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to, use of, or misuse of the Platform or Services; (b) any information, content, data, materials, listings, photos, descriptions, communications, or other content provided, submitted, posted, transmitted, or made available by you through the Platform; (c) any item listed, offered, purchased, sold, transferred, marketed, advertised, or otherwise associated with your use of the Platform; (d) any transaction, dispute, chargeback, refund request, reimbursement request, ownership claim, fraud allegation, personal injury claim, property damage claim, or other issue arising from your activities on or through the Platform; (e) your violation of this Agreement, any Supplemental Terms, or any applicable law, regulation, ordinance, or governmental requirement; (f) your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, contractual, proprietary, or other right of any person or entity; or (g) your negligence, misconduct, fraudulent conduct, misrepresentation, or unlawful acts or omissions.

SoldSafe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with SoldSafe in the defense and resolution of such matter. You may not settle any such matter without SoldSafe's prior written consent if the settlement imposes any obligation or liability on any Indemnified Party.

The obligations set forth in this Section shall survive termination of this Agreement.

15. Dispute Resolution; Governing Law

15.1. Informal Resolution. Before initiating any arbitration, lawsuit, or other legal proceeding, you and SoldSafe agree to first attempt to resolve any dispute informally. Any party seeking to bring a claim must provide written notice to the other party describing the nature of the dispute and the relief requested. The parties shall attempt in good faith to resolve the dispute for a period of thirty (30) days following receipt of such notice. If the dispute is not resolved within such period, either party may pursue any remedy available under this Agreement. All communications made pursuant to this Section shall be confidential and treated as compromise and settlement negotiations to the fullest extent permitted by law.

15.2. Binding Arbitration. Except as otherwise expressly provided in this Agreement, any dispute, claim, controversy, or cause of action arising out of or relating to this Agreement, the Platform, the Services, any Supplemental Terms, any transaction, payment, reimbursement request, chargeback, identity verification, or any relationship between you and SoldSafe shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be St. Louis County, Missouri; provided, however, that the arbitration may be conducted remotely, telephonically, by written submission, or in another manner permitted by the AAA rules. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, formation, or scope of this arbitration provision, including any claim that all or part of this arbitration provision is void or unenforceable. SoldSafe shall pay all AAA filing fees, case management fees, arbitrator compensation, and other arbitration costs to the extent such costs exceed the filing fee that would apply to a comparable action filed in a Missouri state court, unless applicable law or AAA rules require otherwise. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

15.3. Exceptions to Arbitration. Notwithstanding the foregoing: (a) either party may bring an individual action in a court of competent jurisdiction that qualifies for small claims court; (b) either party may seek temporary, preliminary, or permanent injunctive relief, equitable relief, or other provisional remedies in any court of competent jurisdiction to protect intellectual property rights, confidential information, account security, fraud-prevention interests, or other rights requiring immediate judicial intervention; and (c) nothing in this Agreement shall prevent SoldSafe from pursuing collection efforts relating to amounts owed to SoldSafe.

15.4. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SOLDSAFE AGREE THAT ALL CLAIMS AND DISPUTES SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR MEMBER OF ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MASS ACTION. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS, CONDUCT A CLASS OR COLLECTIVE PROCEEDING, OR AWARD RELIEF TO ANY PERSON OR ENTITY OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.

15.5. Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SOLDSAFE KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, THE SERVICES, ANY SUPPLEMENTAL TERMS, OR ANY TRANSACTION OR ACTIVITY OCCURRING THROUGH THE PLATFORM.

15.6. Governing Law. This Agreement, the Platform, the Services, any Supplemental Terms, and any dispute arising out of or relating thereto shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-laws principles.

15.7. Severability. If any portion of this Section 15 is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect; provided, however, that if the Class Action Waiver in Section 15.4 is found unenforceable with respect to a particular claim, then such claim shall proceed in a court of competent jurisdiction and not in arbitration.

16. General Provisions

16.1. Export Control. The Platform and underlying information and technology may not be accessed or used except as authorized by United States and other applicable Law, and further subject to compliance with this Agreement. The Platform may not be exported or re-exported into any U.S. embargoed countries, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.

16.2. Notices. Any notice under this Agreement must be given in writing. We may provide notice to you via email or through your account. You agree that any such electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Our notices to you will be deemed given upon the first business day after we send it. You will provide notice to us by post to InCorp Services Inc., 131 Continental Drive, Suite 301, Newark, DE 19713. Your notices to us will be deemed given upon our receipt.

16.3. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services.

16.4. Assignment. You may not assign or transfer this Agreement without our prior written consent. Any attempt by you to transfer or assign this Agreement except as expressly authorized above will be null and void. We may assign our rights and obligations under this Agreement (in whole or in part) without your consent. We may also permit our affiliates, agents and contractors to exercise our rights or perform our obligations under this Agreement, in which case we will remain responsible for their compliance with this Agreement. Subject to the foregoing, this Agreement will inure to the parties’ permitted successors and assigns.

16.5. Entire Agreement. This Agreement, together with any applicable Supplemental Terms, constitutes the entire agreement between you and SoldSafe relating to the Platform and supersedes all prior or contemporaneous oral or written communications, proposals and representations between you and SoldSafe with respect to the Platform or any other subject matter covered by this Agreement. No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of this Agreement, and any such document relating to this Agreement will be for administrative purposes only and will have no legal effect. In the event of a conflict between this Agreement and any other agreement between You and SoldSafe or any of its affiliates, the terms of this Agreement shall govern and control with respect to the Platform and any associated products and services.

16.6. Waivers; Modifications. No failure or delay by the injured party to this Agreement in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.

16.7. Interpretation. As used herein, "including" (and its variants) means "including without limitation" (and its variants). Headings are for convenience only. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.

16.8. Survival. The provisions of this Agreement that by their nature should survive termination or expiration shall survive, including without limitation Sections relating to ownership, confidentiality, warranty disclaimers, limitations of liability, limitations on time to file claims, indemnification, dispute resolution, governing law, payment obligations, completed transactions, Supplemental Terms, and any other provisions required for the interpretation, enforcement, or performance of this Agreement following termination.

16.9. Independent Contractors. The parties are independent contractors. This Agreement will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right, power or authority to create any duty or obligation of the other party.

16.10. No Third-Party Beneficiaries. Except as expressly stated herein, this Agreement is solely for the benefit of the parties and does not create any third-party beneficiary rights.