Terms and Conditions

Terms and Conditions

Agreement between User and https://bbrittlife.com/

Welcome to https://bbrittlife.com/. The https://bbrittlife.com/ website (the "Site") is comprised of various web pages operated by BBrittLife. https://bbrittlife.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://bbrittlife.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://bbrittlife.com/ is an E-Commerce Site.

The website provides an online platform that allows users to schedule, manage, and confirm concierge healthcare services offered by bbrittlife. Through the website, users may submit appointment requests, provide contact information, and receive confirmations or notifications related to their scheduled services. The platform is designed to streamline communication between the Company and its clients, including appointment coordination and service updates. The website and associated applications are intended solely to facilitate the delivery and management of bbrittlife services and related communications.

Privacy

Your use of https://bbrittlife.com/ is subject to BBrittLife's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://bbrittlife.com/ or sending emails to BBrittLife constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BBrittLife is not responsible for third party access to your account that results from theft or misappropriation of your account. BBrittLife and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

BBrittLife does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://bbrittlife.com/ only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

https://bbrittlife.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BBrittLife and BBrittLife is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BBrittLife is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BBrittLife of the site or any association with its operators.

Certain services made available via https://bbrittlife.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://bbrittlife.com/ domain, you hereby acknowledge and consent that BBrittLife may share such information and data with any third party with whom BBrittLife has a contractual relationship to provide the requested product, service or functionality on behalf of https://bbrittlife.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://bbrittlife.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BBrittLife that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BBrittLife or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BBrittLife content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BBrittLife and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BBrittLife or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by BBrittLife from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BBrittLife Content accessed through https://bbrittlife.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless BBrittLife, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BBrittLife reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BBrittLife in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BBrittLife agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BBRITTLIFE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BBRITTLIFE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BBRITTLIFE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BBRITTLIFE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BBRITTLIFE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

BBrittLife reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BBrittLife as a result of this agreement or use of the Site. BBrittLife's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BBrittLife's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BBrittLife with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BBrittLife with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BBrittLife with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

BBrittLife reserves the right, in its sole discretion, to change the Terms under which https://bbrittlife.com/ is offered. The most current version of the Terms will supersede all previous versions. BBrittLife encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

BBrittLife welcomes your questions or comments regarding the Terms:

BBrittLife

3104 E Camelback Rd #7828

Phoenix, Arizona 85016

Email Address:

[email protected]

Telephone number:

14809357556

Effective as of March 10, 2026

Privacy Policy & EULA

Legal Information

This Privacy Policy ("Policy") applies to Bbrittlife, and BBritt Concierge ("Company") and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the Company include https://bbrittlife.com/, BBritt Life and https://britt-life-booker-natalie113.replit.app. The Company's application is a ecommerce application. By using the Company application, you consent to the data practices described in this statement.

California Consumer Privacy Act and California Privacy Rights Act

If you are a California resident, you have the following rights under the California Consumer Privacy Act ("CCPA") and California Privacy Rights Act ("CPRA"):

-Right to Know. You may request details on what personal data we collect, use, and share.

-Right to Delete. You can request deletion of personal data, subject to certain legal exceptions.

-Right to Correct. You may request corrections to inaccurate personal information.

-Right to Opt-Out. You can opt out of the sale or sharing of personal data for advertising.

-Right to Restrict Sensitive Data Use. You may limit the use of sensitive personal information.

-Right Against Retaliation. The Company will not discriminate against you for exercising your rights.

Collection of your Personal Information

In order to better provide you with products and services offered, the Company may collect personally identifiable information, such as your:

-First and last name

-Mailing address

-Email address

-Phone number

If you purchase the Company's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

The Company may also collect anonymous demographic information, which is not unique to you, such as your:

-Age

-Gender

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

The Company collects and uses your personal information in the following ways:

-to operate and deliver the services you have requested

-to provide you with information, products, or services that you request from us

-to provide you with notices about your account

-to carry out the Company's obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection

-to notify you about changes to Bbrittlife or any products or services we offer or provide through it

-in any other way we may describe when you provide the information

-for any other purpose with your consent.

The Company may also use your personally identifiable information to inform you of other products or services available from the Company and its affiliates.

SMS Registration and Communications


By providing your mobile phone number and opting in to receive SMS communications from the Company, you consent to receive text messages related to your use of the Company’s services. These messages may include, but are not limited to:

-Appointment reminders

-Appointment confirmations

-Verification of your phone number

-Service-related notifications


Sharing Information with Third Parties

The Company does not sell, rent, or lease its customer lists or personal information to third parties. We do not transer your personal inforamtion to any external organization under any circumstances. 

The Company may share your personal information with trusted service providers solely for the purpose of performing services on our behalf, including but not limited to:

  • Processing payments
  • Sending email or SMS communications
  • Providing customer support
  • Performing website or application analytics
  • Hosting or maintaining our systems and infrastructure

All such third parties are contractually required to use your personal information only as necessary to provide these services to the Company and to maintain the confidentiality and security of your data.

The Company may also disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to:

  • Comply with legal obligations or legal process
  • Protect and defend the rights or property of the Company
  • Protect the personal safety of users or the public

Opt-Out


You may opt out of receiving SMS messages at any time by replying “STOP” to any text message you receive from Bbrittlife. After opting out, you may receive a final confirmation message, and no further SMS messages will be sent unless you re-enroll.


Message and Data Rates


Standard message and data rates may apply depending on your mobile carrier and service plan.


Data Retention


We retain your mobile phone number and SMS communication records only for as long as necessary to provide the services described in this Policy or to comply with legal obligations.


Google API Services User Data

Our application may use certain Google APIs and services. When you choose to connect your Google account to our application, we may access limited Google user data strictly for the purpose of providing the requested functionality of the service.

Data Accessed

If you authorize our application to access your Google account, we may access certain Google user data such as:

  • Basic profile information (such as your name and email address)
  • Calendar or scheduling data necessary to manage appointments or bookings
  • Other Google account data explicitly authorized by you during the Google consent process

We only access the minimum data required to operate the features of our application.

Data Usage

Google user data accessed by our application is used solely to provide and improve the services requested by the user. This may include:

  • Managing and scheduling appointments
  • Providing account authentication or verification
  • Enabling application features that require integration with Google services

Google user data is not used for advertising, profiling, or unrelated marketing purposes.

Data Sharing

The Company does not sell or rent Google user data.

Google user data may only be shared with trusted service providers when necessary to operate our services (for example, secure cloud hosting providers or technical infrastructure providers). These service providers are contractually required to protect the confidentiality and security of the data and may not use it for any purpose other than providing services on behalf of the Company.

Google user data is never shared with third parties for marketing, advertising, or resale purposes.

Data Storage and Protection

We implement appropriate technical and organizational safeguards to protect all personal information and Google user data from unauthorized access, disclosure, alteration, or destruction. These safeguards include secure servers, encryption protocols such as SSL/TLS, and restricted access to data by authorized personnel only.

Data Retention

We retain Google user data only for as long as necessary to provide the services requested by the user, comply with legal obligations, resolve disputes, and enforce our agreements.

Data Deletion

Users may request deletion of their data at any time. Upon receiving a verified deletion request, we will delete the user's personal information and Google user data from our systems, except where retention is required by law or necessary to complete an ongoing service request.

To request deletion of your data, please contact us at:

[email protected] 

Security of your Personal Information

The Company secures your personal information from unauthorized access, use, or disclosure. The Company uses the following methods for this purpose:

-SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet that are beyond our control; and (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

-Delete your personal information from our records; and

-Direct any service providers to delete your personal information from their records.

Under the CCPA and CPRA, you have the right to request that the Company, and any third parties with whom your personal information is sold or shared, delete any personal information that has been collected about you. To exercise your rights, contact us at [email protected].

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

-Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, and provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

-Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

-Debug to identify and repair errors that impair existing intended functionality;

-Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

-Comply with the California Electronic Communications Privacy Act;

-Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

-Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

-Comply with an existing legal obligation; or

-Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Children Under Thirteen

The Company does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian for permission to use this application.

Email Communications

From time to time, the Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.

If you would like to stop receiving marketing or promotional communications via email from the Company, you may opt out of such communications by clicking the unsubscribe button through email, reply STOP through SMS.

Changes to This Statement

The Company reserves the right to change this Policy from time to time. For example, when there are changes in our services, changes in our data protection practices, or changes in the law. When changes to this Policy are significant, we will inform you. You may receive a notice by sending an email to the primary email address specified in your account, by placing a prominent notice on our BBritt Concierge, and/or by updating any privacy information. Your continued use of the application and/or services available after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

The Company welcomes your questions or comments regarding this Policy. If you believe that the Company has not adhered to this Policy, please contact the Company at:

BBritt Concierge

3104 E camelback Suite #7828

Phoenix, Arizona 85019

Email Address:

[email protected]

Phone Number:

480-935-7556

Effective as of January 25, 2026

End User License Agreement (EULA)

End User License Agreement

This copy of BBrittLife ("Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. BBritt Concierge or its subsidiaries, affiliates, and suppliers (collectively, "Licensor") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

Acceptance. YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant. This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copies or installations are only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

Restrictions on Transfer. Without first obtaining the express written consent of the Licensor, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use. You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.

You may not use the database portion of the Software Product in connection with any software other than the Software Product.

Restrictions on Alteration. You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying. You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on a storage medium. You may make one archival copy, which must be stored on a medium other than a computer hard drive.

Disclaimer of Warranties and Limitation of Liability. UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE LICENSOR, THE LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

The Licensor makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. The Licensor makes no warranty that operation of the Software Product will be secure, error-free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO THE FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. THE LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL THE LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE LICENSOR OR ANY OTHER PARTY, EVEN IF THE LICENSOR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE LICENSOR'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of the Licensor. The Licensor reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If the Licensor is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product, exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by the Licensor to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold the Licensor harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Alternative Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution ("ADR") procedure.

If any controversies, claims, or disputes arising out of or relating to this Agreement cannot be resolved through negotiation, the parties agree to try in good faith to settle the dispute by mediation in accordance with any statutory rules of mediation. If mediation is unavailable or unsuccessful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. The arbitrator's award will be final, and any court with proper jurisdiction may enter judgment upon it. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid, illegal, or unenforceable, but that by limiting such provision, it will become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter contained herein. No other promises, warranties, representations, agreements, or understandings, whether oral or written, exist concerning this subject matter. This Agreement supersedes any previous or simultaneous oral or written promises, warranties, representations, agreements, or conditions between the parties.

Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Governing Law. This Agreement shall be governed by the laws of Arizona.

Attorneys' Fees. If a legal suit, action, or proceeding, including arbitration, is brought by any party to enforce or to interpret any provision of this Agreement, the prevailing party will be entitled to recover, in addition to any other damages awarded, all costs associated with conducting the suit, action, proceeding, or arbitration and reasonable attorneys' fees.