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Terms and Conditions

Effective July 10, 2017

This Terms of Use Agreement (the “Agreement”) is a binding legal agreement between you (“You” or “Your”), and BUNDLEFI.COM, INC.(“BUNDLEFI.COM” or “We” or “Our”) (together the “Parties” and individually a “Party”). This Terms of Use Agreement govern Your access and use of the BUNDLEFI.COM websites, including, but not limited to, the BUNDLEFI.COM Mobile Applications, including but not limited to BUNDLEFI.COM (collectively, the “Application, Software and Services”).

THIS AGREEMENT LIMITS THE LIABILITY OF BUNDLEFI.COM TO YOU AND OTHERS, AND SHIFTS THE RISK OF LIABILITY ON TO YOU. READ THIS AGREEMENT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY USING THE APPLICATION, SOFTWARE OR SERVICES, YOU ARE (A) AFFIRMING THAT YOU HAVE READ AND UNTERSTOOD THIS AGREEMENT; (B) AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; (C) AGREEING TO COMPLY WITH THE APPLICABLE TERMS AND CONDITIONS OF YOUR MOBILE PROVIDER; (D) AGREEING TO COMPLY WITH THE APPLICABLE TERMS AND CONDITIONS OF ANY THIRD PARTY DATA STORAGE PROVIDER AND/OR CLOUD SERVICE; (E) AGREEING, IF APPLICABLE, TO COMPLY WITH THE TERMS AND CONDITIONS OF THE APPLICATION STORE OR OTHER PROVIDER FROM WHICH YOU ACQUIRED THE APPLICATION, SOFTWARE OR SERVICES (SUCH AS THE ITUNES STORE, THE APP STORE OR GOOGLE PLAY); (F) AGREEING TO INVESTIGATE AND COMPLY WITH THE APPLICABLE LAWS OF YOUR JURISDICTION WITH REGARD TO THE RECORDING, TRANSMISSION AND STORAGE OF VIDEO, AUDIO AND PHOTOGRAPHS OF CONSENTING AND/OR NON-CONSENTING PERSONS; (G) REPRESENTING THAT YOU ARE AGE 18 OR OLDER, AND; (H) REPRESENTING THAT IF YOU ARE OVER AGE 18 BUT UNDER AGE 18, YOU ARE ACCESSING AND USING THE APPLICATION, SOFTWARE AND SERVICES UNDER ACTIVE SUPERVISION OF YOUR PARENTS OR LEGAL GUARDIAN AND YOUR PARENTS OR LEGAL GUARDIAN HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND ARE ENTERING INTO THIS AGREEMENT ON YOUR BEHALF.

IF YOU HAVE QUESTIONS REGARDING THE TERMS OF THIS AGREEMENT, CONTACT BUNDLEFI.COM AT INFO@BUNDLEFI.COM. IF, PRIOR TO DOWNLOADING, INSTALLING, ACTIVATING OR USING THE APPLICATION, SOFTWARE OR SERVICES, YOU DETERMINE THAT YOU ARE NOT WILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND HAVE NO RIGHT TO USE THE SERVICES, AND YOU MUST NOT INSTALL OR USE THE APPLICATION, SOFTWARE OR SERVICES.

IMPORTANT NOTE: YOU MAY ONLY USE THE APPLICATION, SOFTWARE AND SERVICES WITHIN THE 50 U.S. STATES, THE COMMONWEALTHS AND TERRITORIES OF THE UNITED STATES, AND THE DISTRICT OF COLUMBIA (THE “TERRITORY”).

IMPORTANT NOTE: BUNDLEFI.COM RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE IN LAW AND EQUITY FOR ANY VIOLATION OF THIS AGREEMENT. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BUNDLEFI.COM.

1. Contact.

Your inquiries and comments should be addressed to BUNDLEFI.COM, INC.at:
BUNDLEFI.COM, INC.
1400 Old Country Rd Ste 103
Westbury, NY 11590
info@bundlefi.com

For California Users: If You have a question or complaint regarding the Application, Software or Services, please send an e-mail to info@bundlefi.com. You may also contact BUNDLEFI.COM by writing to the address above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.

2. Definitions. The defined terms in this Agreement shall have the meanings set out below and as otherwise noted through this Agreement:
A. “Mobile Device” or “Handheld Device” means any mobile device You own or control;
B. “Documentation” means the applicable installation guide or standard end user documentation prepared and supplied by BUNDLEFI.COM for the specific type and version of Bundlefi ELS, Software or Service, including any safety instructions. Documentation may be available via https://www.bundlefi.com or by contacting BUNDLEFI.COM at info@bundlefi.com
C. “Application” or “Software” means the BUNDLEFI.COM application and any related software, website(s), updates, and/or content, and any BUNDLEFI.COM software or application provided to You under this Agreement, in whatever form, medium or manner provided or subsequently installed or used including updates, new releases and versions;
D. “Service” means any BUNDLEFI.COM service provided to You including any service for which You subscribe, and any new BUNDLEFI.COM service or modification to an existing BUNDLEFI.COM service that BUNDLEFI.COM provides, or otherwise makes available to You from time-to-time. The Service includes any service, however same is made available to You, including through handheld mobile devices, the BUNDLEFI.COM website, and any form of messaging including e-mail, instant messaging, SMS, phone, video, and any other means of telecommunication now known or later developed. BUNDLEFI.COM may change the Services or add or delete features at any time for any reason. 
E. “You” or “Your” means you personally (i.e., the individual who reads and agrees to be bound by these terms), and, (1) if You are over 13 years old but under 18 years old, Your parent or guardian who is actively monitoring Your access and use of the Application, Software and Services, and has agreed to be bound by the terms of this Agreement, or (2) if You access and use the Application, Software and Services on behalf of a corporation or other legal entity (including, but not limited to, a partnership, LLC or LLP), collectively, You and such corporation or other legal entity on whose behalf You access the Application, Software and Services.

3. Consent for Communications. Your access and use of the Application, Software and Services is an electronic communication with BUNDLEFI.COM, INC. You, therefore, consent to receive communications electronically from BUNDLEFI.COM, INC and Financial Institutions, and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

4. Eligibility. The Application, Software and Service is only available for access and use to individuals who are at least 18 years old.
A. If You are over 13 years old but under 18 years old (or the applicable age of legal majority in Your jurisdiction), this Agreement can only be entered into on Your behalf by Your parent or other person who is lawfully entitled to give consent on Your behalf. You represent and warrant that (1) You have accessed the Application, Software and Services under the active supervision of a parent or legal guardian; (2) Your parent or legal guardian has read, understood, consented and has agreed to be bound by the terms of this Agreement on Your behalf, and; (3) You will not personally transmit or otherwise submit personally identifiable information to BUNDLEFI.COM other than through Your parent or legal guardian. This provision is void where prohibited by law and the right to access and use the Application, Software and Services is revoked in such jurisdictions. 
B. You warrant that all registration and other information You submit or provide to BUNDLEFI.COM is accurate and truthful. 
C. BUNDLEFI.COM may, in its sole discretion, refuse to offer the Application, Software and Services to any person or entity and change its eligibility criteria at any time. 
D. If You are accessing or using this Application, Software and Services on behalf of a corporation or other legal entity, You represent and warrant that You are empowered and authorized to accept the terms and conditions of this Agreement on behalf of such corporation or other legal entity, and to comply with same.

5. US Based Application, Software and Services/Territory. The Application, Software and Services are intended for use only in the 50 States of the United States, its Commonwealths and Territories, and the District of Columbia. The Application, Software and Services, including the website Bundlefi.com, is a U.S. based Application, Software and Service and is controlled and operated by BUNDLEFI.COM, INC from the United States. You further represent and warrant that You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country. You represent and warrant that You are not listed on any United States government list of prohibited or restricted parties in any jurisdiction. The Application, Software and Services is not intended to subject BUNDLEFI.COM, INC to the laws or jurisdiction of any state, country or territory other than that of the United States. BUNDLEFI.COM, INC does not represent or warrant that the Application, Software and Services or any part thereof is appropriate or available for use in any particular jurisdiction. In electing to access and use the Application, Software and Services, You do so on Your own initiative and at Your own risk, and are responsible for complying with all local laws, rules and regulations.

6. Mobile Devices/Telecommunications Services. It is Your responsibility to provide a Mobile Device and cellular or Wifi telecommunications service necessary to access and use the Application, Software and Services. BUNDLEFI.COM, INC makes no warranty or guaranty the Application, Software and Services will have compatibility with all Mobile Devices or telecommunications services. BUNDLEFI.COM, INC has no responsibility for providing You with connectivity to the Internet, wireless access, or any other telecommunications services necessary for You to receive or interact with the Application, Software or Services. You acknowledge and agree that cellular and/or Wifi telecommunications services may not be consistent or may have varying degrees of strength. Such services are beyond BUNDLEFI.COM, INC’s control. Your use of the Application, Software and Services may be hindered by the capabilities or lack of capabilities of Your cellular services or the capacity of Your Mobile Device.

9. Functionality of Servers and Networks. BUNDLEFI.COM, INC is not responsible for and give no warranty or guarantee regarding the proper functioning of any networks or servers including the interoperability between the Application, Software and Services and any network or servers. You acknowledge that BUNDLEFI.COM, INC shall have no liability to You or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the BUNDLEFI.COM, INC Application, Software and Services to properly operate with Your network or servers, or from any errors occurring on Your networks or servers as a result of Your use of the BUNDLEFI.COM, INC Application, Software and Services.

10. Term and Termination and Suspension. This Agreement shall be effective upon Your agreement and acknowledgment to be bound by the terms of this Agreement, and will continue in effect until terminated by You or BUNDLEFI.COM, INC in accordance with the provisions set out herein and below:
A. Your means of terminating this Agreement is to delete the Application, Software and Services from Your Computer or Mobile Device;
B. BUNDLEFI.COM, INC may terminate this Agreement at any time without notice for any reason, or for no reason, in its sole discretion. Your violation of the terms and conditions of this Agreement will result in Termination of this Agreement by BUNDLEFI.COM, INC, but not as sole remedy to BUNDLEFI.COM, INC. BUNDLEFI.COM, INC, in the event of Termination, retains and reserves all rights in law and equity.
C. In the event of Termination, all rights granted to You under this Agreement will terminate and You must cease all use of the Application and delete all copies of the Application from Your Mobile Device.
D. If BUNDLEFI.COM, INC ceases to support the Application, Software or Services, which BUNDLEFI.COM, INC may do in its sole discretion, this Agreement will terminate immediately without the requirement of any notice. 
E. Termination will not limit any of Company's rights or remedies at law or in equity.
F. The terms and conditions of this Agreement, as applicable, including, without limitation, Your obligation to Indemnify and Defend BUNDLEFI.COM, INC as described below, will survive any expiration or termination of this Agreement.
G. BUNDLEFI.COM, INC will have the right to terminate this Agreement if any fees associated with the Application, Software and Services are not paid as they become due. 
H. BUNDLEFI.COM, INC shall not have any liability to You arising from or related to the termination of this Agreement in accordance with this Agreement.
I. BUNDLEFI.COM, INC may temporarily suspend the Application, Software and Services, or Your use thereof, in whole or in part, for any reasons deemed necessary or desirable by Bundlefi.com. 

12. Grant of License. BUNDLEFI.COM, INC, subject to the terms of this Agreement, grants to You, a limited, non-exclusive, non-transferable, non-commercial, personal and revocable license (“License”) to download, install and use the Application, Software and Services on a Mobile Device. The Application, Software, Services and any related Documentation is licensed and not sold to You. The License permits You to use the Application, Software and Services on the particular Mobile Device for which it is supplied, solely in connection with the intended use of the Application, Software or Services, and to access the Application, Software or Services, and for no other purposes. All software, hardware, firmware, shareware, codes, information and documentation in connection with, related to, or resulting from the Application, Software or Services are BUNDLEFI.COM, INC’s sole and exclusive property and You have no rights in any of the foregoing. As such, You may not copy, reproduce or distribute the Application, Software, or Services.

13. Your Content and Third Party Providers and Materials: The Application, Software or Services may (1) permit You to link to other websites, services or resources on the Internet or otherwise, (2) display, include or make available third party content or services and (3) facilitate Your acquisition, as a mere accommodation and convenience, of third party storage space and/or cloud storage space for Your Content (collectively, “Third Party Providers and Materials”). By accessing such Third Party Providers and Materials, You do so at Your own risk and You agree and acknowledge the following:
A. These third parties are not under BUNDLEFI.COM, INC’s control, and BUNDLEFI.COM, INC is not responsible or liable for the functions, competency, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Providers or Materials. 
B. BUNDLEFI.COM, INC does not assume and will not have any liability or responsibility to You or any other person or entity for any Third Party Providers and Materials. Third Party Providers and 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. 
C. The inclusion of any such link or facility does not imply endorsement by BUNDLEFI.COM, INC or any association with its operators. You further acknowledge and agree that BUNDLEFI.COM, INC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, services or storage available on or through any such website, provider or resource. 
D. If You enable the functionality of the Application, Software or Services which automatically transmits and/or uploads Your Content to third party storage space and/or cloud storage space, You will be required to adhere to and comply with the applicable terms and conditions of said third party storage space and/or cloud storage space provider. You understand and acknowledge that the transmission and proper storage of any message, communication, information or data including photos, video, audio, location information, emergency alerts or responses is not guaranteed nor warranted by BUNDLEFI.COM, INC. 
G. You represent and warrant, and can demonstrate to BUNDLEFI.COM, INC’s full satisfaction upon request that Your Content, transmitted through use of the Application, Software or Services (a) is owned and/or controlled by You with all legal right to all of Your Content, or (b) that Your Content is in the public domain, and (c) that You have the permission and consent to use the name and likeness of each or any identifiable individual person in Your Content and to use any such individual’s identifying or personal information as contemplated by this Agreement, and (c) You are authorized to grant the right to BUNDLEFI.COM, INC to transmit and facilitate transmission of Your Content to a third party storage space and/or cloud storage space. 
H. To the fullest extent of the law, You agree that You shall defend (including reasonable attorneys’ fees), indemnify and hold harmless BUNDLEFI.COM and its affiliates, officers, directors, employees, members and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that Your Content causes harm, damage or in any way infringes or misappropriates the rights of any third party or violates applicable law.

14. Use of the Application, Software and Services and Rules of Conduct. The Application, Software and Services is provided only for Your own personal, non-commercial use. As a condition of Your use of the BUNDLEFI.COM, INC’sApplication, Software and Services, You warrant to BUNDLEFI.COM that You will not use the BUNDLEFI.COM, INC Application, Software and Services for any purpose that is unlawful or prohibited by this Agreement. In general, You may not use the BUNDLEFI.COM, INC Application, Software and Services in any manner which could damage, disable, overburden, or impair the BUNDLEFI.COM, INC Services or interfere with any other party’s use and enjoyment of the Application, Software and Services. You are responsible for all of Your activity in connection with the Service and You Agree and Acknowledge the following:
A. You will only access and use the Application, Software and Services in compliance with all applicable laws and not for any illegal or improper purpose (as determined by BUNDLEFI.COM, INC in its sole discretion). If You are uncertain about Your legal obligations or duties in Your jurisdiction, You should contact Your legal advisor. The Application, Software and Services are to be accessed and used for personal safety purposes and no other purpose.
B. You will not access or use the Application, Software or Services to harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or to maliciously or falsely accuse others, or defame any person, nor will You access or use the Application, Software or Services to manipulate or simulate fictitious scenarios or falsely portray any person or situation.
C. You will not locate any person without their consent through use of the Application, Software and Services.
D. You will not copy, alter, modify, reverse engineer or otherwise attempt to determine or manipulate the functionality and/or source code of the Application, Software or Services. 
E. You will not upload, download, post, submit or otherwise distribute or facilitate distribution or transmission of any content through the Application, Software and Services that:
(i) infringes any intellectual property right (patent, trademark, copyright, or other right of any other person or entity);
(ii) violates any contractual obligation or the laws of Your jurisdiction or that is otherwise known to You to be false, misleading, untruthful or inaccurate; 
(iii) is offensive, obscene, pornographic, or otherwise inappropriate as determined by BUNDLEFI.COM, INC in its sole discretion; 
(iv) constitutes unauthorized or unsolicited advertising of any goods or services; 
(v) involves sales or commercial endeavors; 
(vi) contains viruses, corrupted files or malware or any other computer codes, files, or programs that are intended to limit or interfere with the proper function of any software or hardware, or obtain unauthorized access to any system;
(vii) bypasses or makes attempt to bypass any restrictions BUNDLEFI.COM, INC uses on access to the Application, Software and Services; 
(viii) interferes with the Application, Software and Services in any way.
F. BUNDLEFI.COM, INC will investigate and prosecute violations of any of the above to the fullest extent of the law in cooperation with law enforcement and other authorities. BUNDLEFI.COM, INC will suspend or terminate Your access to the Application, Software and Services at any time without notice for any suspected violation of any of the above, without liability of BUNDLEFI.COM, INC to You.

15. Unauthorized Access. You accept and acknowledge the ongoing risk that persons who are not authorized to gain access to the Application, Software and Services, may gain access and the information contained therein. You will keep confidential all account information, including but not limited to passwords that allow access to or the access and use of the Application, Software and Services. Upon termination or suspension of this Agreement, BUNDLEFI.COM, INC will immediately, and without notice, cancel Your password and disable Your access.

16. Other Users. You acknowledge and recognize that BUNDLEFI.COM, INC cannot control actions of its users of the Application, Software and Services, and BUNDLEFI.COM, INC disclaims any liability with regard to the Application, Software and Services and any damages resulting from Your access and use. Other users are not authorized to act or speak on behalf of BUNDLEFI.COM, INC and the views of other users are not the views of BUNDLEFI.COM, INC.

17. Updates. At any time, and from time to time, BUNDLEFI.COM, INC in its sole discretion, may develop and provide updates to the Application, Software or Services. These updates may be comprehensive or limited in scope. Such update may constitute an upgrade, fix, patch or other error correction, may contain new or improved features, and/or may modify or entirely delete certain features and functions. The Application, Software or Services may automatically check for updates or upgrades when Your Mobile Device is connected to the internet and based on the settings of Your Mobile Device, may automatically download and install such updates or give You notice that such update is available with a prompt for You to download and install the update. BUNDLEFI.COM, INC is under no obligation to develop or provide any such updates or to provide, or continue to provide, or to enable or continue to enable, any feature or function. If BUNDLEFI.COM, INC does develop or provide any upgrade, You hereby agree that BUNDLEFI.COM, INC may make such updates or upgrades available to You from time-to-time. You agree to download and install such updates when they are provided and acknowledge Your understanding that if You fail to do so, the Application, Software or Services, or portions thereof, may cease to operate or cease to operate correctly or as intended. Such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Application, Software or Service is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.

18. DMCA. You are notified that Section 512 of the Copyright Revision Act, as enacted through The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides that if You believe that materials available on the Application, Software or Services infringe Your copyright, You may contact BUNDLEFI.COM, INC’s designated agent with notice and a request for removal.< br /> BUNDLEFI.COM, INC
1400 Old Country Rd Ste 103
Westbury, NY 11590
info@bundlefi.com

At a minimum, Your notice to BUNDLEFI.COM, INC must include (1) specification of the claimed infringement and information sufficient to permit BUNDLEFI.COM, INC to locate the disputed material on the Application, Software and Services; (2) Your contact information; (3) a statement by You that You have a “good faith belief” that the disputed use is not authorized by the copyright owner; (4) a statement by You, made under penalties of perjury, that the information in Your notification is true and accurate and that You are the copyright owner or authorized agent; (5) Your signature (either physical or electronic).

Upon receipt of Your notice, we may immediately remove the identified disputed materials from the Application, Software and Services and You acknowledge such removal will be without liability for such removal. If BUNDLEFI.COM, INC has removed materials due to allegations of copyright infringement, You may dispute the alleged infringement by sending a written Counter Notice by email or mail to our designated agent below:
BUNDLEFI.COM, INC.
1400 Old Country Rd Ste 103
Westbury, NY 11590
info@bundlefi.com

The Counter Notice must, at a minimum, include (1) Your physical or electronic signature; (2) specification of the removed or disabled material and information sufficient to permit BUNDLEFI.COM, INC to locate where the disputed material was on the Application, Software and Services prior to removal or disabling; (3) a statement under penalties of perjury that You have a “good faith belief” that the material was removed or disabled due to mistake or erroneously, and: (4) Your contact information, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if Your address is outside of the United States, the Federal District Court for the Northern District of California, and that You will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

19. Filtering. BUNDLEFI.COM, INC notifies You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the website OnGuard Online (http://onguardonline.gov/). BUNDLEFI.COM, INC does not necessarily endorse any of the products or services listed therein.

20. Privacy. You agree to the terms and conditions of BUNDLEFI.COM, INC’sPrivacy Policy which is available at https://bundlefi.com/privacy. You acknowledge that when You download, install or use the Application, Software and Services, BUNDLEFI.COM, INC may collect (including through automatic means such as cookies and web beacons) and use certain usage related information, or technical or diagnostic information, some of which may contain personal and/or, geographic data. This may include information about Your Mobile Device and Your use of the Application, Software and Services. This data is gathered periodically for the following purposes: (1) to facilitate the provision of updates and product support for the Application, Software and Services, and; (2) to ascertain compliance with the terms of this Agreement. BUNDLEFI.COM, INC may also use and disclose this information for product improvement purposes and/or research purposes. Additionally, this information may be shared by BUNDLEFI.COM, INC with others in support of our business and/or for the purposes of marketing, in which case, said third parties will be required to agree to use such information solely for the purposes which BUNDLEFI.COM, INC would use the information. BUNDLEFI.COM, INC may also share such information to respond to law enforcement requests and in response to subpoenas and court orders. All information we collect is subject to our Privacy Policy.

21. Intellectual Property Rights. You do not acquire hereby any Intellectual Property Right in or relating to the Application, Software and Services. Any rights not expressly granted herein are expressly reserved. You acknowledge that the word “Bundlefi” are trade names belonging to BUNDLEFI.COM, INC, and that any related marks are trademarks owned by BUNDLEFI.COM, INC. You agree and acknowledge that the Application, Software and Services was developed at considerable time and expense by BUNDLEFI.COM, INC and is confidential and contains trade-secrets of BUNDLEFI.COM, INC. The information and materials made available through the Application, Software and Services are and shall remain the property of BUNDLEFI.COM, INC, its subsidiaries, affiliates, licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.

22. Limited Warranty. If during the thirty (30) day period following Your entering into this Agreement the Application, Software and Services (the “Application and Software Warranty Period”) provided to You is not capable of performing the functions described in BUNDLEFI.COM, INC’s Documentation, if and when used as specified by BUNDLEFI.COM, INC in the Documentation, or if the Application, Software and Services substantially and materially fails to perform the functions described in the Documentation in any calendar month period in which You have an incident for which the Services were required (the “Services Warranty Period”), and You notify BUNDLEFI.COM, INC of such failures during or within five (5) days of the expiration of the applicable warranty period, and if the failure was not caused or contributed to by an act beyond the reasonable control of BUNDLEFI.COM, INC including any act of Force Majeure, BUNDLEFI.COM, INC will, at its sole option and discretion, either make reasonable efforts to correct such problem or provide You with a refund for the monthly fee paid by You for the Application, Software and Services during the applicable warranty period, up to an aggregate maximum, under or related to this Agreement, of one (1) monthly service fee paid by You. The foregoing is BUNDLEFI.COM, INC ‘sonly obligation and is Your sole and exclusive remedy for any defects, errors, or problems You may experience related to the Application, Software or Services.

23. Disclaimers of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE APPLICATION, SOFTWARE AND SERVICES, INCLUDING BUT NOT LIMITED TO THE BUNDLEFI.COM, INC WEBSITE AND BUNDLEFI.COM, INC APPLICATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED.

BUNDLEFI.COM, INC, INC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, SOFTWARE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.

FURTHER, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY CONDITIONS, ENDORSEMENTS, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED.

YOU AGREE THAT (I) USE OF THE APPLICATION, SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO THE EFFICACY, QUALITY AND/OR PERFORMANCE REMAINS SOLELY WITH YOU, AND (II) THE APPLICATION, SOFTWARE AND SERVICES IS NOT GUARANTEED TO REDUCE YOUR RISK OF LOSS, HARM, OR DANGER AND MAY INCITE OR EXACERBATE YOUR RISK OF LOSS, HARM, OR DANGER, DEPENDENT ON YOUR USE.

BUNDLEFI.COM, INC FURTHER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, SOFTWARE AND SERVICES, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION, SOFTWARE AND SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS, DOES NOT WARRANT THAT THE APPLICATION, SOFTWARE AND SERVICES WILL BE WITHOUT ERROR, AND DOES NOT WARRANT THAT DEFECTS IN THE APPLICATION, SOFTWARE AND SERVICES WILL BE CORRECTED.

THE APPLICATION, SOFTWARE AND SERVICES OR RESPONSE SERVICES ARE NOT INTENDED FOR USE IN SITUATIONS WHEREIN ERRORS OR FAILURES COULD LEAD TO INJURY OR DEATH. BUNDLEFI.COM, INC DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, CONTINUED AVAILABILITY OF ANY SERVICE, OR THAT ANY MESSAGES, CONTENT OR INFORMATION SENT BY OR TO YOU WILL BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.

THE PARTIES ALSO AGREE THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (“UCITA”) AS ENACTED IN ANY STATE SHALL NOT APPLY TO THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW UCITA IS HEREBY EXCLUDED IN ITS ENTIRETY FROM APPLICATION TO THIS AGREEMENT. THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES AND CONDITIONS. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES OR CONDITIONS RELATING TO THE APPLICATION, SOFTWARE OR SERVICES TO THE EXTENT THEY CANNOT BE EXCLUDED AS SET OUT ABOVE, BUT CAN BE LIMITED, ARE HEREBY LIMITED TO THIRTY (30) DAYS FROM THE DATE YOU FIRST INSTALLED THE SOFTWARE ON ANY DEVICE OR COMMENCED TO USE THE SERVICES.

ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT, THE APPLICATION, SOFTWARE OR THE SERVICES MUST BE BROUGHT AND COMMENCED AGAINST BUNDLEFI.COM, INC IN COURT OR BY ARBITRATION (AS APPLICABLE) WITHIN ONE (1) YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. THE TIME PERIOD IN THIS PARAGRAPH MUST BE COMPLIED WITH STRICTLY.

24. Limitations of Liability. THIS SECTION SIGNIFICANTLY LIMITS OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU MUST READ THIS SECTION CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUNDLEFI.COM, INC AND/OR ITS AFFILIATES, SUPPLIERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES IN EXCESS OF THE GREATER OF US $25.00 OR THE AMOUNT ACTUALLY PAID BY YOU TO BUNDLEFI.COM, INC IN THE 1 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, EVEN IF THE CLAIM IS A CONTINUING CLAIM. THIS LIMITATION AND ALL LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITED EXTENT OF AVAILABLE DAMAGES IS IN CONSIDERATION OF BUNDLEFI.COM, INC ALLOWING YOU USE AND ACCESS OF THE APPLICATION, SOFTWARE AND SERVICES FOR THE CURRENT FEE, AND THAT WITHOUT THE MAXIMUM EXTENT OF LIABILITY AND DAMAGES, THE FEE WOULD BE MUCH GREATER AND THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE MUCH DIFFERENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUNDLEFI.COM, INC’s AFFILIATES, SUPPLIERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF BUNDLEFI.COM, INC, INC, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH BUNDLEFI.COM, INC IN CONNECTION WITH THE APPLICATION, SOFTWARE AND SERVICES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF BUNDLEFI.COM, INC HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE APPLICATION, SOFTWARE AND SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUNDLEFI.COM, INC AND/OR ITS AFFILIATES, SUPPLIERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SUCCESSORS OR ASSIGNS OF BUNDLEFI.COM, INC, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH BUNDLEFI.COM, INC IN CONNECTION WITH THE APPLICATION, SOFTWARE AND SERVICES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF BUNDLEFI.COM, INC HAVE ANY LIABILITY ARISING FROM OR RELATED TO ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE, DELAY, OR INABILITY TO USE THE APLICATION, SOFTWARE AND SERVICES, NOR ARISING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WHETHER ANY SUCH CLAIMS OR DAMAGES OR ALLEGED CLAIMS OR DAMAGES BE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, SOFTWARE AND SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BUNDLEFI.COM, INC APPLICATION, SOFTWARE AND SERVICES.

ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT, THE APPLICATION, SOFTWARE OR THE SERVICES MUST BE BROUGHT AND COMMENCED AGAINST BUNDLEFI.COM, INC IN COURT OR BY ARBITRATION (AS APPLICABLE) WITHIN ONE (1) YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. THE TIME PERIOD IN THIS PARAGRAPH MUST BE COMPLIED WITH STRICTLY.

BUNDLEFI.COM, INC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE BUNDLEFI.COM, INC, IT’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS, THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

25. Indemnification. TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, YOU AGREE TO INDEMNIFY AND DEFEND (INCLUDING REASONABLE ATTORNEYS’ FEES AND BY COUNSEL SELECTED BY BUNDLEFI.COM, INC) AND HOLD HARMLESS BUNDLEFI.COM, INC AND ITS CONTRACTORS AND SUBCONTRACTORS AND ALL OF THEIR MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS (“INDEMNITEES”), FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEE AND LEGAL COSTS), WHETHER OR NOT SIMPLY ALLEGED OR ACTUALLY INCURRED, WHETHER WITH OR WITHOUT BASIS IN TRUTH, ARISING FROM, OR CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, YOUR USE OF OR ACCESS TO THE APPLICATION, SOFTWARE AND SERVICES. THIS OBLIGATION TO INDEMNIFY AND DEFEND SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCH CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY CONTENT, DATA OR INFORMATION (INCLUDING VIDEO, AUDIO AND PHOTOGRAPHS) THAT YOU OR ANYONE SUBMITS, TRANSMITS, RECORDS, OR STORES USING YOUR ACCOUNT AND/OR THE APPLICATION, SOFTWARE AND SERVICES, OR, THE USE OF THE APPLICATION, SOFTWARE AND SERVICES (INCLUDING THE APPLICATION, SOFTWARE AND SERVICES’ FAILURE TO OPERATE OR THE IMPROPER OPERATION OF THE APPLICATION, SOFTWARE AND SERVICES), OR, THE VIOLATION OF THIS AGREEMENT OR ANY OF ITS TERMS OR CONDITIONS, OR, THE VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR THE ALLEGATION OF A VIOLATION, INCLUDING VIOLATION OF PRIVACY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS OR ANY OTHER RIGHTS, OR, PRODUCTS LIABILITY ALLEGATIONS, OR, CLAIMS IN STRICT LIABILITY, OR, ANY CLAIM FOR ANY FORM OF DATA BREACH, PRIVACY ISSUES (INCLUDING INVASION OF PRIVACY OR ANY STATUTORY PROTECTIONS OR BREACH OF ANY REGULATORY FRAMEWORK) OR CYBER-LIABILITY, OR, ANY DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES OR OTHER LACK OF SERVICE OR INABILITY TO USE THE APPLICATION.

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE INDEMNITEES FOR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF ANY OF THE INDEMNITEES, NO MATTER WHEN ANY SUCH NEGLIGENCE MAY HAVE OCCURRED OR DAMAGES MAY HAVE BEEN SUSTAINED.

IF YOUR JURISDICTION DOES NOT ALLOW INDEMNIFICATION FOR THE SOLE OR GROSS NEGLIGENCE OF BUNDLEFI.COM, INC, INC, THEN YOUR INDEMNIFICATION OBLIGATION EXTENDS TO THE MAXIUM EXTENT ALLOWABLE UNDER THE LAW OF YOUR JURSIDICTION.

BUNDLEFI.COM, INC RESERVES THE RIGHT, AT YOUR EXPENSE AND RISK, TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMIFICATION BY YOU.

26. Insurance. YOU MUST MAINTAIN FIRST-PARTY AND LIABILITY AND OTHER APPLICABLE INSURANCE TO COVER ANY LOSSES, DAMAGES OR EXPENSES YOU OR ANY THIRD-PARTYMAY INCUR. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO MAINTAIN INSURANCE COVERING YOU AND ALL THIRD PARTIES FOR ANY SUCH DAMAGES. IN THE EVENT OF ANY DAMAGES AND YOUR RECOVERY (OR THE RECOVERY OF ANY THIRD PARTY) IS LIMITED TO ANY PROCEEDS RECEIVED FROM THE REQUIRED INSURANCE. YOU AGREE TO LOOK EXCLUSIVELY TO INSURANCE RECOVERIES FROM YOUR POLICIES, WHICH SHALL BE PRIMARY AND NON CONTRIBUTORY, AND YOU RELEASE EACH OF THE INDEMNITEES FOR ALL DAMAGES COVERED BY THE REQUIRED INSURANCE POLICIES, INCLUDING ANY INSURANCE DEDUCTIBLES AND, SELF- INSURED RETENTIONS.

27. Waiver of Subrogation. YOU WAIVE ANY RIGHTS YOUR INSURANCE COMPANY MAY HAVE AGAINST ANY OF THE INDEMNITEES FOR MONEY PAID TO YOU OR ON YOUR BEHALF, INCLUDING ALL RIGHTS OF SUBROGATION.

28. Arbitration and Waiver of Class Membership. YOU AGREE TO ARBITRATE CLAIMS AGAINST THE INDEMNITEES IN ACCORDANCE WITH THIS SECTION UNLESS THE AMOUNT OF DIRECT DAMAGES YOU CAN LAWFULLY CLAIM (NOT AGGREGATED AS MAY BE PERMITTED BY ANY LAW) IN ANY SINGLE CLAIM EXCEEDS FIVE HUNDRED ($500.00) DOLLARS ON AN INDIVIDUAL BASIS (THE “CLASS THRESHOLD”). YOU WAIVE YOUR RIGHT TO BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, MASS JOINDER OR REPRESENTATIVE ACTION FOR ANY DAMAGES IN EXCESS OF THE CLASS THRESHOLD AND SHALL BRING ANY SUCH CLAIMS SOLELY IN ACCORDANCE WITH THIS SECTION. FOR CLAIMS WITHIN THE CLASS THRESHOLD, WHETHER OR NOT YOU WISH TO BRING SUCH CLAIMS AS PART OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, YOU SHALL BRING SUCH CLAIMS EXCLUSIVELY IN BINDING ARBITRATION ADMINISTERED BY AND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN SAN FRANCISCO, CALIFORNIA. THE ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR APPOINTED IN ACCORDANCE WITH THE RULES, MUTUALLY AGREEABLE TO THE PARTIES, FAILING WHICH, AFTER A PERIOD OF 30 DAYS, A NEUTRAL PARTY SHALL APPOINT THE ARBITRATOR. EACH PARTY SHALL BEAR ONE HALF OF THE COSTS ASSOCIATED WITH THE ARBITRATION PROCEEDINGS. YOU MUST BRING ANY CLAIM FOR DAMAGES IN EXCESS OF THE CLASS THRESHOLD EXCLUSIVELY IN THE COURT AGREED TO IN THIS AGREEMENT.

29. BUNDLEFI.COM, INC Right to Bring Action in Law or Equity. Notwithstanding the foregoing or anything contrary in this Agreement, BUNDLEFI.COM, INC has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law or equity for claims or disputes regarding: (i) amounts owed by You to BUNDLEFI.COM, INC in connection with Your acquisition of the Software or Services or any portion thereof, or (ii) Your violation or threatened violation of the Sections of this Agreement entitled, “Term and Termination and Suspension”, “Payments and Fees”, “Grant of License”, “Your Content and Third Party Providers and Materials”, “Use of the Application, Software and Services and Rules of Conduct”, “Intellectual Property Rights”, “Limitations of Liability”, “Indemnification”, and “Waiver of Subrogation”. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent to the jurisdiction of the Federal District Court of Northern California, or the State Courts of California located in San Francisco, California, for any such claims arising from or related to this Agreement.

30. Waiver of Jury Trial. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The Parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.

31. Assignment. BUNDLEFI.COM, INC may assign this Agreement to other parties without notice to You. You shall not assign this Agreement without the prior written consent of BUNDLEFI.COM, INC and any assignment without BUNDLEFI.COM, INC’s prior written consent shall be of no effect. BUNDLEFI.COM, INC may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractor or subcontractors or its affiliates.

32. Notices. Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been deemed duly effectively given immediately upon electronic transmission of such notice to You at the email address set forth in Your account information. BUNDLEFI.COM, INC may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices on the Application, Software or Website Bundlefi.com. Alternatively, notice may be made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, addressed to You at the billing address supplied to BUNDLEFI.COM, INC by You. Without limitation, You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notices to BUNDLEFI.COM, INC may be sent to:
BUNDLEFI.COM, INC.
1400 Old Country Rd Ste 103
Westbury, NY 11590
info@bundlefi.com

33. Force Majeure. BUNDLEFI.COM, INC’s obligations under this Agreement are waived automatically without notice and You release us for all losses following any default or breach of this Agreement by You, if the monitoring facility or any communications equipment or telecommunications services used to transmit data to the monitoring facility are destroyed, damaged or inoperable for any reason not within BUNDLEFI.COM, INC’s control, or delays or interruption in the Application, Software and Service(s) occur due in whole or in part, directly or indirectly, to riots, strikes, lockouts, terrorism, war (declared or undeclared), weather, natural phenomenon, acts of God, governmental orders, laws, rules or regulations, transportation, environmental conditions or for any other reason beyond the control of BUNDLEFI.COM, INC. BUNDLEFI.COM, INC’s obligations under this Agreement are suspended for the duration of any such Force Majeure events. We will reimburse You any unearned fees paid for the period of any such interruption on Your request, which shall be the limit of BUNDLEFI.COM, INC’s liability.

34. Governing Law and Dispute Resolution. This Agreement is to be governed by and construed under the laws of the State of California, excluding any body of law governing conflicts of law. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

EACH PARTY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL DISTRICT COURT FOR NORTHERN CALIFORNIA OR APPROPRIATE STATE COURT LOCATED IN SAN FRANCISCO, CALIFORNIA.

35. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the Parties relating to the Application, Software and Services other than as set out in this Agreement. This Agreement (and any additional terms and conditions with which BUNDLEFI.COM, INC’s supplements this agreement) is an entire and complete statement of the agreement between You and BUNDLEFI.COM, INC.

36. Changes to Agreement. Except to the extent that BUNDLEFI.COM, INC is expressly precluded by applicable law, BUNDLEFI.COM, INC’s further reserves the right to amend or modify this Agreement at any time by delivering a modification notice (each a “Notice”) to You via e-mail at the e-mail address You provide BUNDLEFI.COM, INC. Any Notice shall, once transmitted, amend the terms of this Agreement. If You continue to use the Application, Software and/or the Service more than thirty (30) days after notice of the change has been given or You do not contact info@bundlefi.com thirty (30) days after notice of the change has been given to inquire as to Your options, You shall be deemed to have accepted this change. No person is authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on BUNDLEFI.COM, INC.

37. Waiver. A party may only waive its rights under these Terms, by a written document executed by both parties including an authorized officer of BUNDLEFI.COM, INC and expressly referencing the applicable provisions of this Agreement. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.

38. General and Miscellaneous. Except as otherwise specifically stated in this Section, the provisions herein are for the benefit of the Parties and not for any other person or entity. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement. To the extent any provision or portion thereof of this Agreement is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that provision or portion thereof will not affect: (a) the legality, validity or enforceability of the remaining provisions of this Agreement; or (b) the legality, validity or enforceability of that provision in any other jurisdiction, and that provision (or portion thereof) will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.