## Merchant Terms of Service

Effective Date: April 9, 2021

1. **Introduction.** These Terms are a binding agreement between Rally Commerce Inc. and its affiliates (collectively, “Rally”) and you and govern our Checkout and other Services we offer (defined below) as a merchant within our network (“Merchant”). Rally’s Terms of Use and Privacy Policy are part of and incorporated into these Terms by this reference. Additional, separate terms may apply to your use of certain of the Services, each of which will be considered to form part of these Terms.

THESE TERMS INCORPORATE  THE class action waiver and arbitration provision SET FORTH IN RALLY’S TERMS OF USE.

2. **Acceptance.** To use the Checkout or our other Services, you must agree to be unconditionally bound by these Terms. You must be of legal age and capacity to form a binding contract to accept the Terms and use the Services. If you are accessing the Services on behalf of a company or other legal entity (“Entity”), you represent and agree that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms. You accept the Terms by using the Checkout, accessing, or using our other Services, or clicking to accept or agree to the Terms where this option is made available to you. These Terms will remain in effect as long as you use our Services. If you do not agree with any of these Terms, do not access or use the Services.

3. **Services.** Rally offers Merchants a full service software-as-a-service ecommerce checkout solution that allows shoppers on ecommerce platforms (“Shoppers”) to save their shipping and payment information for future one-click checkout and generates post-purchase tailored product recommendations based on Shoppers’ cart contents (the “Checkout”). The Checkout supports US-issued card and most non-US issued cards with a Visa, MasterCard, Discover, or American Express logo, including credit, debit, pre-paid, or gift cards (collectively, “Card Networks”). The Checkout, along with Rally’s websites, Merchant account dashboard, products and other services owned or operated by Rally are collectively referred to herein as our “Services.” By using the Services, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; (c) you will be entirely responsible for maintaining the security of your logins and credentials, if any; and (d) your use of our Services and their features does not and will not violate any applicable law, rule or regulation. You further agree you will only use the Services with respect to purchases and payments as expressly authorized to do so by your Shopper, in a manner and amount subject to the informed consent of that Shopper.

4. **Not a Payment Processor.** Rally is a software as a service provider to Merchants pursuant to these Terms. Rally is not a bank, payment institution, payment processor, or money services business. Rally does not collect or process your payment information. Rather, Rally works with a payment processor with which you hold an account to collect, accept, and process your payment information with respect to sales made on Merchant ecommerce platforms. Rally never has possession of or access to payment information. Our payment processor keeps all payment information secure in accordance with PCI DSS standards and privacy and data security safeguards. Rally does not offer banking or money services business services as defined by the United States Department of Treasury. Your use of the Checkout is also subject to the applicable terms and conditions of our payment processors. Rally reserves the right to change the payment processor we use at any time. For more information about the payment processors we use, please contact us at support@rallyon.com.

5. **Merchant Account.** To use the Services as a Merchant, you must register and create an account with Rally to use the Checkout on your ecommerce platform as described in this section. In addition, we reserve the right to require certain Merchants agree to statements of work and/or additional terms and conditions.
   a. **Registration.** At registration, you must create an account with us (your “Account”) by providing your email, business name, a password, payment information, and authorization to access, interact with, and utilize your data and information on a product inventory and management platform. You must maintain a valid payment method on file with us. You represent and warrant that the payment information you provide to us is correct and accurate and you are using a form of payment that you are legally authorized to use for this purpose. Any information that you provide to us will also be subject to our Privacy Policy. You are solely responsible for ensuring that only authorized persons have access to and use of your Account, and you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others. Rally shall have no liability whatsoever for, and you agree to fully indemnify, defend, and hold harmless Rally and the other Disclaiming Entities (as defined in the Terms of Use) for any and all damages arising from your failure to maintain the security of your Account access credentials (i.e., due to the malfeasance of departed employees).
   b. **Merchant Description.** As part of your registration, you must provide a description of your business, the URL for your Merchant ecommerce platform, and the name under which you do business. Your description must clearly identify your ecommerce platform and business and your URL must be accurate. This information may appear in your Shoppers’ credit or debit card statements.
   c. **Verification.** Rally reserves the right to request certain information like your business EIN or Tax ID, copy of a government identification card, a business invoice, financial statement, or other information for identity verification and/or to assess your business risk. We use this information for internal purposes only.
   d. **Information from Third Parties.** By accepting the terms of these Terms, you authorize us to retrieve information about you by using third parties, including credit bureaus and other information providers. We may periodically update this information to determine whether you continue to meet our eligibility requirements.
   e. **Eligibility.** After we have collected and verified all your information, we will review your account and determine if you are eligible to use the Checkout on your ecommerce platform. You agree that Rally may also share your information with your payment processors and other financial service providers, each of which may also make a separate determination regarding your eligibility. This includes sharing information (a) about your transactions for regulatory or compliance purposes; (b) for use in connection with the management and maintenance of the program; (c) to create and update their records about you and to assist them in better serving you; and (d) to conduct Rally’s risk management process. We will notify you once your Account has been either approved or deemed ineligible.
   f. **US Entity Merchants.** If you access the Services on behalf of a US Entity, by registering with Rally, you confirm that you are a business entity authorized to conduct business by the state in which you operate. Except where expressly permitted US Entity you may not export our Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII). By accepting these Terms, you confirm that you will satisfy these requirements.

6. **Relationship with Shoppers.** The provisions of this section are in addition to Section 6 of the Terms of Use. In each transaction via the Checkout, the Merchant and the Shopper, and not Rally, are responsible for their respective obligations relating to purchases and sales using the Services. Rally cannot and will not intervene in any dispute between a Shopper and a Merchant for any transactions using the Services.

a. **Transactions.** You as the Merchant are responsible for all transactions related to your Account, as well as all refunds and returns. The Merchant shall be solely liable for any claim(s) that arise, directly or indirectly, out of the delay or failure to deliver the purchased product(s) to Shopper. Rally is not liable for any delay or failure, for whatever reason, to deliver the purchased product(s) to Shopper, nor shall we be liable to any Merchant for any delay or failure, for whatever reason, in the purchase process. We make no warranties with respect to the products, services or information provided by Merchants through the Services. Shopper shall be solely liable to Merchant for any claim(s) that arise, directly or indirectly, out of delay or failure to pay amounts due related to a purchase using the Services.
   b. **Customer Service.** The Merchant is solely responsible for providing customer service to your Shoppers for any and all issues related to your products and services, including but not limited to issues arising from the processing of Shoppers’ cards through the Checkout, refunds, and/or disputes about the quality of products or services. Merchants are required to provide a receipt to the Shopper at the conclusion of each purchase transaction that includes all information required under applicable Card Network rules and law. Merchants are prohibited from imposing a fee or surcharge for use of the Checkout on a Shopper or misrepresent Rally’s Fees (defined below) for the Checkout.
   c. **Refunds.** You agree to issue all returns and refunds to Shoppers for purchases and transactions made via the Checkout in accordance with these Terms and applicable Card Network rules. You are solely responsible for accepting and processing returns of your products and services. Rally has no responsibility or obligation for processing such returns, or for responding to your Shoppers’ inquiries about such returns. Refunds must be processed via your payment processor according to such payment processor’s terms and conditions. Additionally, the refund must be for the exact dollar amount of the original transaction (including tax, handling charges, and other) or less amount and may not exceed the original sale amount except by an amount equal to any reimbursements to Shopper for postage costs incurred for product returns.  You agree to (a) maintain a fair return, cancellation, or adjustment policy; (b) disclose your return or cancellation policy to Shoppers at the time of purchase; (c) not give cash refunds to a Shopper in connection with a sale via the Checkout, unless required by law; and (d) not accept cash or any other item of value for a refund. Rally’s Fees will not be refunded to you if you issue a refund to a Shopper. You will use best efforts to process all refunds within sixty (60) days after the original transaction date, and you acknowledge that it may not be possible for Rally to process refunds processed after that time. We may, in our sole discretion, charge your account for anticipated or actual refund requests we receive from your Shoppers.
   d. **Suspicious Use of Services.** Rally reserves the right to not authorize or settle any transaction submitted by a Merchant which we believe is in violation of these Terms, any other Rally terms and conditions, or that exposes Rally, you, other Rally Merchants or Shoppers, or financial services providers to harm or unnecessary risk, including but not limited to fraud, money laundering, tax evasion, and other criminal acts. You hereby authorize Rally to share information with law enforcement about you, your transactions, or your Account if we reasonably suspect that your use of our Services has been for an unauthorized, illegal, or criminal purpose.

7. **Fees.** By signing up as a Merchant, you acknowledge and agree to the billing and payment provisions described herein. You will pay to Rally a monthly transactions fee for each transaction using the Services that takes place on your Merchant ecommerce platform (collectively, “Fees”). Fees are established by Rally at the time you register as a Merchant or otherwise agreed between you and Rally in writing (email to suffice). We reserve the right to modify our Fees from time to time, in our sole discretion, and upon written notification to you or by posting the modified Fees on the Services. You are solely responsible for payment of any and all applicable sales and use taxes based on the address that you provide when you register as a Merchant. You agree that we may charge your payment method, withdraw amounts from your settlement funds or designated bank account, or charge any other payment method we have on file for you for the Fees due hereunder, any sales and use taxes and any late fees or interest (as described below).

8. **Late Fees.** If you do not pay Fees or other amounts owed on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. In addition, if any payment is not received within 30 days after the due date, then we may charge a late fee of $10 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid Fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees. Rally may, but is not obligated to, refund all or a portion of the Fees paid.

9. **Collection Rights.** To the extent permitted by law, Rally may collect any obligations you owe us under these Terms by deducting the corresponding amounts from funds payable to you arising from the settlement of transactions, including funds from another one of your Accounts. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts are not sufficient to meet your obligations to us, we may debit your bank account registered in your Account for any amounts owed to us. Your failure to fully pay amounts that you owe us on demand is a material breach of these Terms and you will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest. We reserve the right to seek payment directly from fraudulent payors, and you consent to our doing so as we deem suitable in our sole discretion. In some cases, we may require a personal guarantee from a principal from your business as a condition of our continuing to provide Services to you. If a personal guarantee is necessary, we will specifically inform you in advance of providing the Services.

10. **Merchant Records; Errors.** You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Account as may be required for your business. Rally is not responsible for maintaining your transaction history or other records in a manner consistent with your record retention obligations. You are responsible for reconciling the transaction history reflected in your Account with your actual transactions. You agree to notify Rally of any errors or discrepancies listed in your Account (each an “Error”) within 30 days from the reflection of a transaction on your Account. We will investigate reported Errors and attempt to rectify any Errors that you or we discover. In the event you are owed money as a result of an Error, we will transfer funds to your designated bank account within 30 days of the resolution of the Error. Your failure to notify us of an Error within 60 days of when it first appears on your Account will be deemed a waiver of any right to amounts that may be owed to you in connection with any such Error, including any related charges. If you submit or cause us to process transactions erroneously, you will contact us immediately to inform us of the specifics of the error and fully cooperate with us in our resolution of that error. Your failure to notify us of a processing error within 30 days of when it first appears on your Account will be deemed a waiver of any right to amounts owed to you.

11. **Payouts.** Funds from your transactions (“Payouts”) using the Checkout are paid to you from your payment processor according to the terms and conditions of your agreement with the payment processor. Rally is not a party to any Payout between you and a payment processor. Rally is not, and under no circumstances will be, responsible or liable for any action taken by your payment processor with respect to your transactions or Payouts. You must direct any questions or concerns related to Payouts directly to the payment processor that you chose to process the funds for the transaction.

12. **License Grant.** In consideration for your Fees paid as a Merchant, Rally grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable right to use the Checkout and our other Services for your own personal, internal business, and non-commercial (except for transactions with Shoppers on your ecommerce platform or conducting business with Rally) purposes, subject to the terms and conditions set forth herein (the "License"). Neither the License nor any other provision hereof shall grant any rights in the Services or other intellectual property rights except the limited License of use set out above. The License shall be for the term of these Merchant Terms of Service only.

13. **Rally API.** We make the Checkout available through APIs, extensions, plug-ins, and similar technical interfaces, all of which are hosted by Rally through SAQ-A PCI compliant hosted fields by third parties and made available to you as a Merchant subscribing to the Services. It is your responsibility to ensure that calls you make to the Checkout are compatible with the then-current APIs, and that in so doing, you comply with all then-current Rally terms and conditions and any policies regarding acceptable use of the Checkout. Violation of Rally’s terms and conditions or policies shall be considered a breach of these Terms. By using the Services, you understand that there may be rate limits and restrictions to the data fields displayed per application or service utilizing the APIs, and you agree to comply with such limits and restrictions. Your continued use after receipt of a notice of rate limit or restriction shall be considered an acceptance of the rate limits and restrictions, and you shall comply with the new rate limits and restrictions at all times. Failure to comply with the new rate limits or restrictions shall be considered a material breach of these Terms.

14. **Privacy and Confidentiality.** By accessing or using the Services, and providing information to or through the Services, you acknowledge that you have received, read in full, and consent to our Privacy Policy. You agree to use the Services in compliance with all applicable privacy laws. You also specifically acknowledge and agree to the following:
   a. As between you and Rally, you are solely responsible for disclosing to your Shoppers, as applicable, that you are utilizing our Services and providing Shopper data to us, and agree to display a link to the Rally Privacy Policy and Terms of Use in the privacy policy or terms of service applicable to your products that work with the Services.
   b. You have obtained all necessary rights and consents under applicable law to disclose to Rally or allow Rally to collect, use, retain, and disclose any data that you provide to us or authorize us to collect, including information that we may collect directly from your Shoppers or other end users via cookies or other means.
   c. If you default under these Terms or misuse a financial network, Rally may report your business name and the name of your principals as required by Card Network rules. You specifically consent to the provisions of this section and agree to waive and hold harmless Rally or our payment processor from all claims and liabilities you may have as a result of our fulfillment of such provisions.
   d. Your access to the Services may cause you to receive certain nonpublic information from Rally, such as indicators that have alerted us to potential fraud and/or fraudulent activity, information about our security measures and updates, and information about Rally’s business operations or plans (“Confidential Information”). You agree only to use Confidential Information as necessary to use our Services and for no other purpose, whether directly or indirectly, and further agree that you may not copy or disclose the Confidential Information for any reason.
   e. If you receive information about third parties, including Shoppers, through the use of the Services, you agree to keep such information confidential and to only use it solely as strictly required by your use of the Services. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express written consent of any applicable user and Rally to do so. You may not disclose payment card information to any third party except in connection with processing a card transaction requested by your Shopper using the Checkout and in a manner consistent with PCI DSS and applicable law.

15. **Merchant Content.** Certain features of the Services may allow you or your Authorized Users to transmit or submit text, software, titles, prices, inventory, dates, information, rates, categories, customer info, scripts, graphics, photos, sounds, music, videos, logos, audiovisual combinations, communications, suggestions, comments, improvements, ideas or other feedback to Us related to Our Site and/or App, or other materials (collectively, “Merchant Content”). Merchant Content must not: (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another individual; (f) infringe any intellectual property or other proprietary rights of Rally or any other person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate Rally’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by Rally at our sole discretion.

We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store Merchant Content at any time and for any reason at our sole discretion without notice. We do not endorse any Merchant Content, and the Merchant Content posted does not reflect our opinions, views, or advice. We take no responsibility and assume no liability for any Merchant Content that you or a third party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. To the extent that the law permits, you release us from any claims or liability related to any Merchant Content posted via the Services and from any claims related to the conduct of any other users.

In consideration for your use of the Services, you hereby grant to Rally an irrevocable, worldwide, royalty-free, fully-paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such Merchant Content in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting Rally, its products and Services. We may sublicense and/or assign your Merchant Content to third parties with your written consent. To the extent permitted by applicable laws, you hereby covenant not to assert against us any moral rights you may have in any of your Merchant Content. You expressly permit Rally to display your name and/or logo for marketing and promotional purposes, if we abide by any branding guidelines you provide us in writing. You may withdraw your consent at any time and for any reason by writing to us at support@rallyon.com. You acknowledge that Rally may modify the Merchant Content for any purpose. However, Rally has no obligation to use any Merchant Content, and Rally’s use of any Merchant Content does not create or imply any endorsement of or affiliation with you.

16. **Merchant Data Security Responsibilities.** You are fully responsible for the security of data on your ecommerce platform, website, mobile application, social media account, or otherwise in your possession (collectively, your “Channels”). You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and dissemination of any personal, financial, payment information, or transaction information in connection with your Channel(s). You acknowledge that you provide Personal Information regarding you and your Shoppers at your own risk. Rally may provide or recommend security procedures and controls intended to reduce the risk of fraud or other data security incident (“Safeguards”). You agree to review and implement all such Safeguards as appropriate for your business and, if necessary, use other procedures and controls not provided by us. You additionally agree to provide reasonable assistance and cooperation, including but not limited to third-party audit of your systems and facilities, in response to or prevention of a suspected or known data security incident. Reports issued from such third-party audit may be provided to Rally, our payment processors or financial services providers, or other service providers related to the Services.

17. **PCI-DSS.** You are solely responsible for compliance with any laws, regulations, or rules applicable to your business. You specifically agree that you will at all times be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable to Channels with which you use the Checkout or other Rally Services. Many Merchants are not required to take affirmative action to comply with PCI-DSS when using our Services, but if we believe it is necessary based on your implementation and request it of you, you will promptly provide us with documentation evidencing your compliance with PCI-DSS and/or PA DSS. You also agree that, to the extent you transmit and store any Shopper data outside of our Services, you will use only PCI-DSS compliant service providers in connection with the storage, or transmission of Shopper data subject to PCI-DSS. You agree to disclose to Shoppers that your ecommerce platform uses Rally’s Services to facilitate their purchase and will collect their Personal Information in connection with the Checkout, that such Personal Information will be subject to Rally’s Privacy Policy, and additionally agree to provide a link in your own privacy policy to Rally’s Privacy Policy. Merchant further agrees to cooperate with Rally upon request in Rally’s own compliance with PCI-DSS.

18. **Term and Termination.** These Terms are effective upon the date you register as a Merchant and shall continue as long as you use the Services as a Merchant unless terminated as permitted herein. You may terminate these terms if (a) you give us at least 15 days’ written notice of your intent to terminate these Terms and (b) your Account is in good standing and you do not owe Rally any outstanding Fees or any other amounts. Your use of the Services is offered in Rally’s sole discretion. Rally reserves the right to terminate these Terms and close your Account at any time, with or without advance notice to you, and with or without cause. Termination is effective immediately. Upon termination of these Terms: (a) all rights and licenses granted to you herein shall terminate as to the terminated rights; (b) you shall cease all use of the Checkout and all other Services that have been terminated; (c) you shall pay any and all Fees for the month in which you canceled your Account on the next due date; (d) Rally may at its own discretion retain for internal business purposes, remove and/or purge your data and any other information related to providing you the Services; and (e) upon request, each party will promptly return to the other party or delete all Confidential Information of such party in its possession, custody or control. Notwithstanding the foregoing, each party may retain a copy of these Terms and such other Confidential Information of the other party as reasonably required for legal and auditing purposes. We may request that you certify in writing your compliance with this section. Termination does not alter your liability for processed payments. Upon termination and closing of your Account, we will immediately discontinue your access to the Services. You agree to complete all pending transactions, stop accepting new transactions through the Checkout and, where the Checkout, immediately remove all Rally logos from your ecommerce platform. Any funds in our custody will be paid out to you subject to the terms of these Terms. Termination does not relieve you of your obligations as defined in these Terms and we may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in these Terms, including but not limited to Fees, refunds, or other investigations or proceedings.

19. **Notice; Change of Business.** Rally may provide you with notices regarding the Services, including changes to these Terms, by email to your email address on file with us, regular mail, or postings to the Services. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. It is your responsibility to keep your email address current. You agree to give Rally at least 15 days written notice of your intent to change any aspect of your business relating to the Checkout, products or services offered, business type, or trade name. You agree to provide us with prompt notification if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. You also agree to promptly notify us of any adverse change in your financial condition, any planned or anticipated liquidation or substantial change in the basic nature of your business, any transfer or sale of 25% or more of your total assets or any change in the control or ownership of you or your parent entity. You will also notify us of any judgment, writ or warrant of attachment or execution, or levy against 25% or more of your total assets not later than three (3) days after you obtain knowledge of it.

20. **Consent to Electronic Signature.** By accessing or using the Services, typing your name into any of our electronic forms and indicating your acceptance or clicking a box, you consent to (a) Rally communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You are responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at support@rallyon.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

21. **Terms of Use.** These Merchant Terms of Service are subject to Rally’s Terms of Use (available at https://www.rallyon.com/legal/terms) in all respects, including without limitation, Sections 110 (License Grant), 11 (Contents and Ownership), 12 (Acceptable Use), 13 (Prohibited Use), 15 (Service Access), 16 (Accuracy), 17 (Links to Other Websites), 18 (Consent to Electronic Signature), 19 (Legal Compliance; Void Where Prohibited); 21 (Choice of Law), 22 (Limitation of Liability), 23 (Disclaimer of Warranties), 24 (Indemnification), 25 (Class Action Waiver), 26 (Dispute Resolution), and 27 (General). In the event of a conflict between these Merchant Terms of Service and Rally’s Terms of Use, these Terms shall govern with respect to the subject matter herein. These Terms are in addition to, and do not replace or change, any other agreements you enter into with Rally. If you purchase other services or goods from Rally, other terms of sale or promotion may apply from time to time.

22. **Revisions.** Rally reserves the right to revise these Merchant Terms of Service without notice at any time. If we revise these Terms, we will send you an email or post to our website with the updated Terms of Service. Your continued use of our Services following such update constitutes your acceptance of such changes. In the event you choose not to agree and accept the new, modified or amended terms of these Terms, you may cease use of the Services at any time. You further agree that in the event any portion of these Terms is found to be unenforceable, the remainder of these Terms shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.