Terms of Use

TERMS OF USE

(Last revised December 12, 2024)

1. Acceptance Through Use. This website (the “Site”) is operated by Sales Caddy, LLC

(“Operator”). The following terms and conditions, together with any documents expressly

incorporated by reference, including, without limitation, the Privacy Statement [hyperlink], and

all other terms, if any, posted elsewhere at the Site (collectively, the “Terms of Use”) govern

your access to and use of the Site, including any content, functionality or purchase of services or

items offered on or through the Site, whether as a guest or a registered user, and are entered into

by and between Operator and you.

Please read these Terms of Use carefully before you use the Site. By using the Site, you agree to

be bound by all of the terms, conditions and notices contained or referenced in the Terms of Use.

If you do not agree to the Terms of Use, you must not access or use the Site.

2. No Use by Children. The Site is not directed to, or intended for use by, children (defined as

anyone younger than 18). Children should not use the Site or submit any information to

Operator. Operator does not knowingly collect personal information from anyone younger than

18. If you are younger than 18, do not use or provide any information on the Site or through any

of its features, register on the Site, make any offers or purchases through the Site, use any of the

interactive features of the Site or provide any information about yourself to Operator, including,

without limitation, your name, address, telephone number, email address or any screen name or

user name you may use. If Operator learns it has collected or received personal information from

a child younger than 18 without verification of parental consent, Operator will delete that

information. If you believe Operator might have any information from anyone younger than 18,

please contact Operator here [hyperlink].

3. Changes to the Terms of Use. Operator may change the Terms of Use at any time at its sole

discretion and without notice. All changes are effective when posted and apply to all access to,

and use of, the Site thereafter, except that any changes to the dispute resolution provisions set out

in the Choice of Law and Venue paragraph of these Terms of Use will not apply to any disputes

for which Operator has actual notice on or before the date the change is posted on the Site. Your

continued use of the Site following the posting of revised Terms of Use means you accept and

agree to the changes. You are expected to check this page each time you access the Site so you

are aware of any changes as such changes are binding on you.

4. Changes to the Site. Operator may update the content on the Site from time to time, but such

content is not necessarily complete or up to date. Any of the material on the Site may be out of

date at any given time and Operator is under no obligation to update such material.

5. Accessing the Site and Account Security. Operator reserves the right to withdraw or amend

the Site and any service or material provided on the Site, in its sole discretion without notice.

Operator is not liable if for any reason all or any part of the Site is unavailable at any time or for

any period. From time to time, Operator may restrict access to some or all of the Site to users,

including registered users.

You are responsible to (a) make all arrangements necessary for you to have access to the Site,

and (b) ensure that all persons who access the Site through your internet connection are aware of

these Terms of Use and comply with them.

To access the Site 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 Site that all the

information you provide on the Site is correct, current and complete. You agree that all

information you provide to register with the Site or otherwise, including, without limitation,

through the use of any interactive features on the Site, is governed by the Privacy Statement

[hyperlink] and you consent to all actions Operator takes with respect to your information

consistent with the Terms of Use.

If you choose, or are provided with, a username, password or any other piece of information as

part of Operator’s security procedures, you must treat such information as confidential and you

must not disclose it to any other person or entity. You may not share passwords. Your right to

access the Site is an individual, non-transferable right. You also acknowledge your account is

personal to you and agree not to provide any other person with access to the Site or portions of it

using your username, password or other security information. You agree to notify Operator

immediately of any unauthorized access to or use of your username or password or any other

breach of security. You also agree to ensure that you exit from your account at the end of each

session. You should use particular caution when accessing your account from a public or shared

computer so that others are not able to view or record your password or other personal

information.

Operator has the right to disable any username, password or other identifier, whether chosen by

you or provided by Operator, at any time in its sole discretion for any or no reason, including if

Operator believes you have violated any provision of these Terms of Use.

6. Information About You and Your Visits to the Site. All information Operator collects on

the Site is subject to the Privacy Statement [hyperlink]. By using the Site, you consent to all

actions taken by Operator with respect to your information in compliance with the Privacy

Statement [hyperlink].

7. User Submitted Content. The Site may contain message boards, chat rooms, personal

profiles, forums, bulletin boards and other interactive features (collectively, “Interactive

Services”) that allow users to post, submit, publish, display or transmit to other users or other

persons (hereinafter, “post” or “posted”) content or materials (collectively, “User Content”) on or

through the Site.

If you post any content or other materials to the Site, including any audio or video files or

personal information (collectively, “Your Content”), you affirm, represent and warrant that (a)

you own or otherwise control all right, title and interest in and to Your Content, including the

obscene or pornographic and comply with the Terms of Use, (c) use of Your Content as provided

in the Terms of Use will not violate any legal rights (tangible or intangible) of any third party,

and (d) you have the right to grant the license set forth in the following sentence: You hereby

grant Operator and its affiliates, designees and service providers, and all respective

licensees, successors and assigns of Operator its affiliates, designees or service providers, a

perpetual, worldwide, royalty-free, non- exclusive, transferable, sublicensable license (the

“License”) to use, reproduce, modify, sell, license, rent, modify, distribute, copy, reproduce,

transmit, publicly display, publicly perform, publish, adapt, edit, prepare derivative works

and otherwise disclose to third parties any of Your Content for any purpose in connection

with the Site or the conduct of Operator’s business in any formats and through any media

channels. Operator may monitor Your Content as it appears on the Site and may edit or delete

Your Content at any time and for any or no reason without your permission. Do not post Your

Content if you do not agree to these Terms of Use.

You understand and acknowledge that you are responsible for Your Content you post and you,

not Operator, have full responsibility for such content, including its legality, reliability, accuracy

and appropriateness.

Operator is not responsible or liable to any third party for the content or accuracy of any User

Contributions posted by you, including Your Content, or any other user of the Site.

8. Linking to the Site. You may link to the homepage of the Site, provided you do so in a way

that is fair and legal and does not damage Operator’s reputation, as determined by Operator in its

sole discretion. You may not link to the homepage of the Site in such a way as to suggest any

form of affiliation, association, approval, sponsorship or endorsement by Operator without

Operator’s prior express written consent.

9. Links to Third Party Sites. The Site may contain links to websites operated by third parties.

These links do not constitute or imply Operator’s endorsement of the linked site. The linked sites

may appear to be integrated into the Site, but they are not under Operator’s control. Operator is

not responsible for the operation or content of any linked site or any subsequent links from that

site. The policies that govern the use of a linked site will differ from these Terms of Use. You

should review the policies of a linked site before you use that site.

10. Intellectual Property. You acknowledge that, except as otherwise indicated, all content

(other than Your Content), materials, features and functionalities (including, without limitation,

all information, software, text, displays, images, video, audio and the design, selection and

arrangement thereof) available at the Site are owned by Operator and protected by national and

international copyrights, trademarks, service marks, patents, patent registration rights, trade

secrets, know-how or other intellectual property or proprietary rights and laws. You may only

access and use the Site as expressly permitted in these Terms of Use and for no other purpose.

You may download, print or view individual pages at the Site for private individual,

noncommercial use, provided you do not delete, change or otherwise modify any of the

information displayed or accessible through the Site, including any copyright or trademark

notices.

You are prohibited from datamining, screen scraping, web scraping, web crawling or using any

automated device, script, technology or processes that automatically queries or otherwise

retrieves data from the Site or from using any other method to access, collect, share or otherwise

obtain any information from the Site without first obtaining Operator’s prior written consent,

which Operator may withhold or withdraw at any time at its sole discretion.

You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display,

publicly perform, publish, republish, download, store, adapt, edit or create derivative works from

any of the material on or accessible through the Site except, (a) your computer may temporarily

store copies of such materials in RAM incidental to your accessing and viewing those materials,

(b) you may store files automatically cached by your web browser for display enhancement

purposes, (c) you may print or download one copy of a reasonable number of pages of the Site

for your own personal, non-commercial use and not for further reproduction, publication or

distribution, and (d) if Operator provides desktop, mobile or other applications for download,

you may download a single copy to your computer or mobile device solely for your own

personal, non-commercial use, provided you agree to be bound by Operator’s end user license

agreement for such applications.

You must not, (a) modify copies of any materials from the Site, (b) use any illustrations,

photographs, video or audio sequences or any graphics separately from the accompanying text,

materials from the Site, or (d) engage in the systematic retrieval of any of the materials on or

accessible through the Site to create or compile, directly or indirectly, a collection, compilation,

database or directory without Operator’s prior written consent given at its sole discretion. All

logos, names, package designs and marks on the Site are trademarks or service marks and may

not be used without Operator’s prior written permission. Operator’s policy is to terminate the

online privileges of individuals who repeatedly violate the copyrights of others.

If you violate any restrictions described in paragraph 10 of these Terms of Use, your right to use

the Site will stop immediately and you must, at Operator’s option, return or destroy any copies of

the materials you have made. No right, title or interest in or to the Site or any content on the Site

is transferred to you and all rights not expressly granted are reserved by Operator. Any use of the

Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may

violate copyright, trademark and other laws.

11. Prohibited Uses. You may use the Site for lawful purposes and in accordance with these

state, local or international law or regulation, including, without limitation, any laws regarding

the export of data or software to and from the United States or other countries, (b) to transmit or

procure the sending of any advertising or promotional material, (c) to transmit or procure the

sending of any “junk mail,” “chain letter,” “spam” or any other similar solicitation, or (d) to

engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or

which may harm Operator or users of the Site or expose them to liability, as determined by

Operator in its sole discretion.

Further, you will not (a) use the Site in any manner that could disable, overburden, damage or

impair the Site or interfere with any other party’s use of the Site, including their ability to engage

in real time activities through the Site, (b) use any robot, spider or other automatic device,

process or means to access the Site for any purpose, including monitoring or copying any of the

material on the Site, (c) use any manual process to monitor or copy any of the material on the

Site or for any other purpose not expressly authorized in these Terms of Use without Operator’s

prior written consent, (d) use any device, software or routine that interferes with the proper

working of the Site, (e) introduce any viruses, Trojan horses, worms, logic bombs or other

material that is malicious or technologically harmful, (f) attempt to gain unauthorized access to,

interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or

any server, computer or database connected to the Site, (g) attack the Site via a denial-of-service

attack or a distributed denial-of-service attack, or (h) otherwise attempt to interfere with the

proper working of the Site.

12. Monitoring and Enforcement; Termination. Operator has the right to (a) remove or refuse

to post any User Contributions, including Your Content, for any or no reason in Operator’s sole

discretion, (b) take any action with respect to any User Contribution, including Your Content,

that Operator considers necessary or appropriate in its sole discretion, including if Operator

believes that such User Contribution, including Your Content, violates the Terms of Use,

infringes any intellectual property right or other right of any person or entity, threatens the

personal safety of users of the Site or the public or which could create liability for Operator, (c)

disclose your identity or other information about you to any third party, including, without

limitation, law enforcement officials, who claim that material posted by you violates their rights,

including, without limitation, their intellectual property rights or their right to privacy, (d) take

appropriate legal action, including, without limitation, referral to law enforcement, for any illegal

or unauthorized use of the Site, or (e) terminate or suspend your access to all or part of the Site

for any or no reason, including, without limitation, any violation of these Terms of Use.

Notwithstanding any provision in these Terms of Use to the contrary, Operator has the right to

cooperate fully with any law enforcement authorities or court order requesting or directing

Operator to disclose the identity or other information of anyone posting any materials on or

through the Site.

YOU WAIVE AND HOLD HARMLESS OPERATOR AND ITS AFFILIATES, LICENSEES,

SERVICE PROVIDERS AND OTHER USERS FROM ANY CLAIMS RESULTING FROM

ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN

AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW

ENFORCEMENT AUTHORITIES.

Operator does not undertake to review any material before it is posted on the Site and cannot

ensure prompt removal of objectionable material after it has been posted. Operator assumes no

liability for any action or inaction regarding transmissions, communications or content provided

by any user or third party. Operator has no liability or responsibility to anyone for performance

or nonperformance of the activities described in this section of the Terms of Use.

13. Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal

and follow the instructions described thereon. Operator’s policy is to terminate the user accounts

of repeat infringers.

14. Reliance on Posted Information. The information presented on or through the Site is made

available solely for general information purposes. Operator does not warrant the accuracy,

completeness or usefulness of this information. Any reliance you place on such information is

strictly at your own risk. Operator disclaims all liability and responsibility arising from any

reliance placed on such materials by you or any other visitor to the Site or by anyone who may

be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other

users, bloggers, parties buying and selling goods and services and third-party licensors,

syndicators, aggregators or reporting services. All statements or opinions expressed in these

materials, and all articles and responses to questions and other content, other than the content

provided by Operator, are solely the opinions and the responsibility of the person or entity

providing those materials. Operator is not responsible or liable to you or any third party, for the

content or accuracy of any materials provided by any third parties.

15. No Investment or Financial Advice. Any content on the Site such as text, graphics, images

or information obtained from or contained on the Site should not be interpreted as financial or

investment advice. Information contained on the Site is not intended, nor should it be interpreted,

as creating any kind of investment advisor or financial advisor relationship. You should not rely

on any financial and investment information or opinions provided on the Site. You should

consult with your investment advisor or conduct your own research before making an investment

or financial decision. You are solely responsible for any investment and financial decisions,

omissions or actions you take. Operator is not liable for your financial or investment decisions

based on, or the results obtained from, any reliance on the content available on the Site.

16. Disclaimer of Warranties. You understand that Operator cannot and does not guarantee or

warrant that the files available for downloading from the internet or the Site will be free of

viruses or other destructive code. You are responsible for implementing sufficient procedures

and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of

data input and output and for maintaining a means external to the Site for any reconstruction of

any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, OPERATOR WILL NOT BE LIABLE

FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE

ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT

MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR

OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY

SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING

OF ANY MATERIAL POSTED ON IT OR ON ANY SITE LINKED TO IT.

YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY,

THE “ SITE MATERIALS” ), ARE PROVIDED ON AN “ AS IS” AND “AS AVAILABLE”

BASIS AND THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR

ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE

MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTIES OF ANY

KIND, EITHER EXPRESS OR IMPLIED. NEITHER OPERATOR NOR ANY PERSON

ASSOCIATED WITH OPERATOR MAKES ANY WARRANTY OR REPRESENTATION

WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,

ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE

FOREGOING, NEITHER OPERATOR NOR ANYONE ASSOCIATED WITH OPERATOR

REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR

ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-

FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE

OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS

OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR

EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, OPERATOR HEREBY DISCLAIMS

ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY,

OR OTHERWISE, INCLUDING THE WARRANTIES OF TITLE AND NON-

INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY

WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR

CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR

LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE

SITE MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY SITE MATERIALS

THAT YOU DOWNLOAD) ARE FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM

FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS

AVAILABLE AT OR THROUGH THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO

CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANIES, SUBSIDIARIES,

AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, DIVISIONS, OFFICERS,

DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY

DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY LEGAL

THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO

USE, THE SITE, INCLUDING USER CONTENT AND YOUR CONTENT, ANY WEBSITES

LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY

SERVICES OR ITEMS OBTAINED AT OR THROUGH THE SITE, INCLUDING ANY

DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND

SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS

OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,

LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),

BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS

LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON STRICT

LIABILITY OR ANY OTHER BASIS AND EVEN IF OPERATOR HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE

EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Failure of Essential Purpose. You acknowledge and agree that the provisions hereof that

limit liability, disclaim warranties or exclude consequential damages or other damages or

remedies are essential terms of these Terms of Use and are fundamental to the allocation of risk

between Operator and you. Accordingly, such provisions are severable and independent of any

other provisions and may be enforced as such, regardless of any breach or other occurrence

hereunder. Without limiting the generality of the foregoing, you agree that all limitations of

liability, disclaimers of warranties and exclusions of consequential damages or other damages or

remedies will remain fully valid, effective and enforceable in accordance with their respective

terms, even under circumstances that cause any exclusive remedy under these Terms of Use to

fail of its essential purpose.

19. Indemnification. You will defend, indemnify and hold harmless Operator, and any parent

companies, subsidiaries, affiliates, divisions, officers, directors, employees, contractors, agents,

licensors, suppliers, successors and assigns of Operator, from and against any and all liabilities,

damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’

fees) arising out of or relating to your violation of these Terms of Use or your use of the Site,

including, without limitation, Your Content, use any of the Site’s services and products obtained

at or through the Site, use of any of the Site’s content, including, without limitation, User

Content other than as expressly authorized by these Terms of Use, or your use of any

information obtained at or through the Site.

20. International Use. The Site is intended for use by legal U.S. residents residing within the

geographic borders of the United States. If you choose to access the Site from any location other

than the United States, you accept full responsibility for compliance with the laws of the

jurisdiction where the access occurs. Operator makes no representation that the Site or the Site

Materials are appropriate or available for use in locations outside the United States. Accessing

the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is

prohibited.

21. Choice of Law and Venue. All matters relating to the Site and these Terms of Use, and any

dispute or claim arising therefrom or related thereto (in each case, including non-contractual

disputes or claims), will be governed by and construed in accordance with the internal laws of

the state of Nevada, without giving effect to any choice or conflicts of law provision or rule,

whether of the state of Nevada or any other jurisdiction.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site

must be instituted exclusively in the federal courts of the United States or the courts of the state

of Nevada, in each case located in Las Vegas, Nevada, although Operator retains the right to

bring any suit, action or proceeding against you for breach of these Terms of Use in your country

of residence or any other relevant country. You waive any and all objections to the exercise of

jurisdiction over you by such courts and to venue in such courts.

22. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY

HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE

MUST BE COMMENCED AT THE EARLIER OF ONE YEAR AFTER THE CAUSE OF

ACTION ACCRUES OR THE RELEVANT STATUTE OF LIMITATIONS UNDER

NEVADA OR FEDERAL LAW, PROVIDED THAT IF SUCH STATUTE OF LIMITATIONS

ALLOWS FOR MODIFICATION BY CONTRACT, THEN SUCH TIME LIMIT TO FOR

ANY CAUSE OF ACTION OR CLAIM WILL BE ONE YEAR; OTHERWISE SUCH CAUSE

OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Integration; Severability; Waiver. These Terms of Use, along with the Privacy Statement

[hyperlink], the DMCA Notice [hyperlink] and any other terms expressly incorporated by

reference posted elsewhere at the Site, constitute the entire agreement between Operator and you

with respect to the Site and supersede all prior or contemporaneous communications and

proposals with respect to the Site. If any provision of the terms referenced in the prior sentence is

held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable

for any reason, such provisions will be eliminated or limited to the minimum extent such that the

remaining provisions of the previously referenced agreements will continue in full force and

effect. No waiver by the Operator of any term or condition set out in these Terms of Use

constitutes a further or continuing waiver of such term or condition or a waiver of any other term

or condition and any failure by Operator to assert a right or provision under these Terms of Use

will not constitute a waiver of such right or provision.

24. Contact Information. Questions concerning these Terms of Use or the Site should be emailed to [email protected].

Contact

[email protected]