Terms and conditions for the use of FaseZero services

1. Acceptance of Terms and Grant of License

These terms and conditions (these "Terms") apply to your access to and use of https://www.fasezero.io/ and our web application at https://app.fasezero.io/ (collectively, the "Site"), and to the purchase of services through the Site. These Terms are subject to change by FASEZERO, LLC (referred to as "FASEZERO", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site or our services after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. Our policies may change as we learn more about use of our models.

These Terms, together with our Privacy Policy, govern your access to and use of the Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

Subject to your ongoing compliance with these Terms and Conditions, FaseZero hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Site solely for your own personal or internal business purpose, and not for resale, and for lawful purposes, provided that you comply with these Terms as well as any other policy applicable to our Services. Further, FaseZero does not grant you permission, by implication, estoppel or otherwise, to state or suggest that FaseZero promotes or endorses any third party's political views, ideas, causes, products or services. All other rights are hereby expressly reserved.

2. Service Acceptance and Cancellation

You agree that you purchase the Services under these Terms. All purchase of Services must be accepted by us, or we will not be obligated to sell the Services to you. We may choose not to accept your order at our sole discretion, even after we send you a confirmation email with your order number and details of the Services you have purchased.

FaseZero shall have the right to alter, suspend or discontinue the Site or Services or your access to or use of the Site or Services at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Use of Website

Your use of the Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or Content. You shall comply with these Terms and Conditions and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Site, other than your Customer Content; (ii) delete the copyright or other proprietary rights notices from the Site or any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections, authentications, pay walls, or encryptions enabled on the Site; (iv) use any robot, spider, scraper or other automated means to access the Site; (v) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (vi) insert any code or product or manipulate the Site in any way; (vii) use any data mining, data gathering or extraction method; (viii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (ix) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; or (x) use or encourage the use of the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

4. Prices and Payment Terms

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes. All such taxes and charges will be added to your purchase total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and service availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize FaseZero and its affiliates, and our third-party payment processor(s), to charge your payment method for any fees due.

(b) Billing cycles are set on a monthly or trimestral basis, depending on the type of subscription plan you select when purchasing a Subscription.

(c) We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

(d) We may offer, from time to time, promotions or other temporary subscription plans on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(e) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept most major credit cards for purchases. You represent and warrant that (i) the credit card information you supply to us and/or our payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

(f) We reserve the right to modify the scope, availability or impose any usage restrictions on our service, regardless of what was previously committed at the time of subscription. These changes will be made according to our service capacity to safeguard the interests of all users and to ensure uniform access to the service. We take this step to protect the quality of our service.

(g) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or Services in the Beta stage, which will be effective immediately. Any price changes will apply to the fees charged to your account immediately after the effective date of the changes.

5. No services, endorsement or professional consultation

There may be delays, omissions or inaccuracies in information obtained through your use of the Site. The information on the Site is provided to you with the understanding that FaseZero's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on the Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, FaseZero does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Site by FaseZero, any user, information provider or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk.

6. Custom Plan

FaseZero may offer a special custom plan to select customers, which shall be governed by a separate written agreement ("Custom Plan Agreement") entered into between FaseZero and the eligible customer. The terms and conditions of the Custom Plan Agreement shall supersede any conflicting provisions in the standard terms and conditions or other related agreements between the parties. The eligibility criteria and specific details of the custom plan, including services, pricing, duration, and any other relevant terms, shall be outlined in the Custom Plan Agreement. FaseZero reserves the right to determine the selection of customers eligible for the special custom plan at its sole discretion. By accepting the Custom Plan Agreement, the customer acknowledges and agrees to abide by its terms and conditions and acknowledges that any modifications or amendments to the Custom Plan Agreement shall be made in writing and signed by both parties to be considered valid.

7. Beta Services

FaseZero makes no representations or warranties for services in Beta stage, including any warranty that services in Beta stage will be generally available, uninterrupted or error-free, or that content will be secure or not lost or damaged. Except to the extent prohibited by law, FaseZero expressly disclaims all warranties for services in Beta stage, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

8. Returns, Refunds, and Money-Back Guarantee

The services on the Site are sold as final sale or non-refundable. In the event We, from time to time, offer a money-back guarantee or any type of refund, the terms of the money-back guarantee or refund shall be the one specified in such offer.

9. Prohibited Uses

FaseZero prohibits the use of our software, tools, and services for:

• (a) illegal activity.
• (b) Child sexual abuse material or any content that exploits or harms children.
• (c) Content that expresses, incites, or promotes hate or violence based on identity.
• (d) Content that intends to harass, threaten, or bully an individual.
• (e) Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
• (f) Content related to adult content, adult industries, or pornography.
• (g) Content that in any way violates applicable privacy law to you or us.
• (h) Content that is considered classified, sensitive, or related to the national security of any country or nation.
• (i) Content that in any way violates an agreement between you and any third party, including, but not limited to, any agreement with a governmental authority.
• (j) Content that in any way violates any applicable national or international law or regulation.
• (k) Content, including images or objects of people without their consent.
• (l) Any content, images or objects to which you do not hold appropriate usage rights.

10. Copyrights and use of site content

The copyright in all materials, features and functionality on the Site, including text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto (collectively, "Content"), is the exclusive property of FaseZero or its licensors and is protected by U.S. and international laws. Content does not include Customer Content, as defined below. None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of FaseZero or the copyright owner in each instance. You shall not "mirror" or "frame" any Content or the Site itself, in whole or in part, without FaseZero's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved. You shall be solely responsible for ensuring that any information or Content obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, data or operations.

11. Trademarks

The trademarks, service marks, logos and trade names (the "Trademarks") used and displayed on the Site, including, but not limited to, FaseZero, are registered and unregistered Trademarks of FaseZero. Other trademarks, service marks, logos and trade names may be owned by others. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other FaseZero intellectual property displayed on the Site. FaseZero aggressively enforces its intellectual property rights to the fullest extent of the law. The trademark and trade name FaseZero and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of Content on the Site, without prior written permission from FaseZero and you shall not refer to or attribute any information to FaseZero or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. FaseZero also prohibits use of FaseZero and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by FaseZero in writing.

12. User Postings

You acknowledge and agree that FaseZero owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Site ("Submissions"). You hereby waive any and all claims against FaseZero for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with FaseZero's use and publication of such Submissions. This means that anything posted, submitted, shared or otherwise published by you to the Site shall be owned by FaseZero and may be used by FaseZero for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event FaseZero's ownership of such Submissions is successfully contested, you automatically grant FaseZero a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. In addition, you hereby waive all claims against FaseZero for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions. FaseZero does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party. FaseZero expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post, submit, share or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. FaseZero in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason. Submissions exclude Customer Content and any information provided by you to FaseZero under a confidentiality agreement.

13. Warranty and Disclaimers

ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FASEZERO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, FASEZERO DOES NOT REPRESENT OR WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT 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."

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

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

14. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

15. Use of Services

You represent and warrant that you are buying services from the Site for your own personal or commercial use only, and not for resale. You represent any and all commercial use of services will not include the resale of any of our services. You further represent and warrant that all purchases will not be used in countries or regions subject to sanctions as set forth in section 25.

16. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements ("Feedback"). If you provide any of these things, we may use it without restriction or compensation to you. You agree that any intellectual property rights, if any, that may arise as a result of Feedback will be retained by us at all times. Feedback does not include Customer Content.

17. Customer Content

You may provide input to the Services, such as information related to the subject matter of an entrepreneurial venture, as well as information related to your company, strategies, and the products and services you sell or intend to sell, ("Input"), and receive output generated and returned by the Services based on the Input ("Output"), such as strategies, checklists, analysis, market data, or other data relevant to the use of the Services. Input and Output are collectively "Customer Content." You retain ownership of your Input. You may use Output you have received for your commercial or personal needs, including after you cease to use the Services or your subscription or commercial relationship with FaseZero ends for any reason. FaseZero may use Customer Content to provide and maintain the Services, comply with applicable law, and enforce our policies. FaseZero may disclose Customer Content to service providers that process it on our behalf, solely for these purposes and subject to confidentiality obligations. You are responsible for Customer Content, including for ensuring that it does not violate any applicable law or these Terms.

18. User Accounts

To submit information to and otherwise use our Service, you must first register by creating a User Account. User Account registration requires you to submit to FaseZero certain personal information, such as your name, email address, and other information. If you choose to set up your User Account to electronically pay for certain fee-based Services, you will also be required to provide a valid payment method. You grant Us the right to provide any information you submit to Us to third parties for purposes of facilitating the completion of any financial transactions initiated by you or on your behalf.

You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password with sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify Us promptly of any unauthorized use or suspected breach of security of your User Account. FaseZero shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. FaseZero owns your User Account credentials and may revoke or change them at any time.

19. Accuracy

To provide the Services, We may use algorithms, machine learning, artificial intelligence, and other technologies which are rapidly evolving fields of study. We are continuously improving our Services to make them more reliable, accurate, safe and beneficial. Given the probabilistic nature of these technologies, use of our Services may in some situations result in incorrect Output that does not accurately reflect your expectation based on Input. You should evaluate the accuracy of any Output as appropriate for your use case.

20. Infringement notices and takedown

FaseZero prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify FaseZero of your copyright infringement claim in accordance with the following procedure. FaseZero shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to the Site's Designated Agent who is:

5900 BALCONES DR STE 100

AUSTIN, TX,78731

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

21. Termination; Suspension

These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent, illegal, unethical or could subject us or any third party to liability.

22. Relationship of the Parties

The terms outlined in this document do not create a partnership, joint venture or agency relationship between you and FaseZero.

23. Use of Brands

You may not use FaseZero's or any of its affiliates' names, logos, or trademarks, without our prior written consent.

24. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.fasezero.io/privacy, governs the processing of all personal data collected from you in connection with your access to and use of the Site, including any purchase of products or services through the Site. By using the Site, including our web application, you acknowledge and agree that your use includes cookies, analytics, session recording (screens and clicks), and the sharing of usage data with third parties, including advertising platforms, to optimize our advertising campaigns. See our Privacy Policy for details.

25. Export Controls

The Services may not be used in or for the benefit of, exported, or re-exported (a) into any country embargoed or sanctioned by the United States (collectively, the "Embargoed Countries") or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, "Restricted Party Lists"). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

26. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

27. Third Party IP

All third-party products, company names and logos are trademarks or registered trademarks and remain the property of their respective holders. Use of them does not imply we have any affiliation with them or endorse them. All references by us to third party trademarks are intended to constitute nominative fair use under applicable trademark laws.

28. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any jurisdiction).

29. Dispute Resolution and Binding Arbitration

(a) YOU AND FASEZERO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, THE SITE, OR THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the International Chamber of Commerce ("ICC") in accordance with the International Chamber of Commerce Rules (the "ICC Rules") then in effect, except as modified by this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer's arbitration fees if you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(c) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR FASEZERO, LLC, WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

30. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

31. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FaseZero, LLC.

32. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

33. Notices

(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to:

FASEZERO, LLC
5900 BALCONES DR STE 100

AUSTIN, TX,78731

(c) We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are received. Notices provided by registered or certified mail will be effective three business days after they are received.

34. Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

35. Entire Agreement

These Terms, any Custom Plan Agreement under Section 6, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.