Version Date: January 01, 2023

TERMS OF USE AGREEMENT

This Terms of Service and Use Agreement(“Agreement”), along with our Company Privacy Policy  constitutes a legally binding agreement madebetween you, whether personally or on behalf of an entity (“user” or “you”) andLazy Day Apps, LLC and its affiliated companies, Websites, applications andtools (collectively, Lazy Day Apps, “Company” or “we” or “us” or “our”), concerningyour access to and use of the LazyDayApps.com Website(s) as well as any othermedia form, media channel, mobile website or mobile application related orconnected thereto (collectively, the “Sites”). The Sites provide the followingservice: Mobile application development, digital consultation, other as requestedby client. (“Company Services”). Supplemental terms andconditions or documents that may be posted on the Sites from time to time, arehereby expressly incorporated into this Agreement by reference. 

Company makes no representation that the Sites is appropriate oravailable in other locations other than where it is operated by Company. Theinformation provided on the Sites is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject Company toany registration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Sites from other locations do so ontheir own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside(generally under the age of 18) must have the permission of, and be directlysupervised by, their parent or guardian to use the Sites. If you are a minor,you must have your parent or guardian read and agree to this Agreement prior toyou using the Sites. Persons under the age of 13 are not permitted to registerfor the Sites or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCHACCEPTANCE DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THESITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THATCOMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS ORCONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

PURCHASES;PAYMENT

Lazy Day Apps may offer free trial or sample of our products orservices. The duration of the free trial period and all other details of theoffer will be posted on our Sites If you wish to try our free options pleaseread through them carefully first. Lazy Day Apps will bill you through a paymentprovider for our Services. Byusing our paid options you agree to pay Lazy Day Apps all charges at theprices then in effect for the products or services you or other persons usingyour billing account may purchase, and you authorize Lazy Day Apps tocharge your chosen payment provider for any such purchases. You agree to makepayment using that selected payment method. If you have ordered a product orservice that is subject to recurring charges then you agree to us charging yourpayment method on a recurring basis, without requiring your prior approval fromyou for each recurring charge until such time as you cancel the applicable productor service. Lazy Day Apps reserves the right to correct any errors ormistakes in pricing that it makes even if it has already requested or receivedpayment. Sales tax will be added to the sales price of purchases as deemedrequired by Company. Company may change prices at any time. All payments shallbe in U.S. dollars.

REFUNDAND RETURN

All sales are final and no refunds shall be issued.

USER REPRESENTATIONS

Regarding Your Registration

By using Lazy Day Apps Services, you represent and warrantthat: 

A. all registration information you submit istruthful and accurate;

B. you will maintain the accuracy of suchinformation;

C. you will keep your password confidential andwill be responsible for all use of your password and account;

D. you are not a minor in the jurisdiction inwhich you reside, or if a minor, you have received parental permission to useour Sites; and

E. your use of the Company Services does notviolate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and completeinformation about yourself as prompted by the Sites' registration form and (b)maintain and promptly update registration data to keep it true, accurate,current and complete. If you provide any information that is untrue,inaccurate, not current or incomplete, or Company has reasonable grounds tosuspect that such information is untrue, inaccurate, not current or incomplete,Company has the right to suspend or terminate your account and refuse any andall current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a user name youselect if we determine appropriate in our discretion, such as when the username is obscene or otherwise objectionable or when a trademark owner complainsabout a username that does not closely relate to a user's actual name.

Regarding Content You Provide

We may invite you to chat or participate in blogs, message boards,online forums and other functionality and may provide you with the opportunityto create, submit, post, display, edit, transmit, perform,publish, distribute or broadcast content and materials to our Sites and/or to orvia the Sites' applications, forms, emails, chatagents, popups, including, without limitation, text, writings, video, audio,photographs, graphics, comments, suggestions or personally identifiableinformation or other material (collectively "Contributions"). AnyContributions you transmit to Lazy Day Apps will be treated as non-confidentialand non-proprietary. When you create or make available a Contribution, you therebyrepresent and warrant that:

A. the creation, distribution, transmission,public display and performance, accessing, downloading and copying of yourContribution does not and will not infringe the proprietary rights, includingbut not limited to the copyright, patent, trademark, trade secret or moralrights of any third party;

B. you are the creator and owner of or have thenecessary licenses, rights, consents, releases and permissions to use and toauthorize Lazy Day Apps and the Sites' users to use your Contributions asnecessary to exercise the licenses granted by you under this Agreement;

C. you have the written consent, release, and/orpermission of each and every identifiable individual person in the Contributionto use the name or likeness of each and every such identifiable individualperson to enable inclusion and use of the Contribution in the manner contemplatedby our Sites;

D. your Contribution is not obscene, lewd,lascivious, filthy, violent, harassing or otherwise objectionable (asdetermined by Lazy Day Apps), libelous or slanderous, does not ridicule, mock,disparage, intimidate or abuse anyone, does not advocate the violent overthrowof any government, does not incite, encourage or threaten physical harm againstanother, does not violate any applicable law, regulation, or rule, and does notviolate the privacy or publicity rights of any third party;

E. your Contribution does not contain materialthat solicits personal information from anyone under 18 or exploit people underthe age of 18 in a sexual or violent manner, and does not violate any federalor state law concerning child pornography or otherwise intended to protect thehealth or well-being of minors;

F. your Contribution does not include any patently offensive comments directed at/towards another user based on their race, religious beliefs, national origin,gender, sexual preference or physical handicap;

G. your Contribution does not otherwise violate,or link to material that violates, any provision of this Agreement or anyapplicable law or regulation.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Sites, or making themaccessible to the Sites by linking your account to any of your social networkaccounts, you automatically grant, and you represent and warrant that you havethe right to grant, to Lazy Day Apps an unrestricted, unconditional, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,worldwide right and license to host, use, copy, reproduce, disclose, sell,resell, publish, broadcast, retitle, archive, store, cache, publicly perform,publicly display, reformat, translate, transmit, excerpt (in whole or in part)and distribute such Contributions (including, without limitation, your imageand voice) for any purpose, commercial, advertising, or otherwise, to preparederivative works of, or incorporate into other works, such Contributions, andto grant and authorize sublicenses of the foregoing. The use and distributionmay occur in any media formats and through any media channels. Such use anddistribution license will apply to any form, media, or technology now known orhereafter developed, and includes our use of your name, company name, andfranchise name, as applicable, and any of the trademarks, service marks, tradenames and logos, personal and commercial images you provide. Company does notassert any ownership over your Contributions; rather, as between us and you, subjectto the rights granted to us in this Agreement, you retain full ownership of allof your Contributions and any intellectual property rights or other proprietaryrights associated with your Contributions. We will not use your contribution ina way that infringes on your rights and always process your personalinformation lawfully and with your consent.

Company has the right, in our sole and absolute discretion, to (i) edit,redact or otherwise change any Contributions, (ii) re-categorize any Contributionsto place them in more appropriate locations or (iii) pre-screen or delete anyContributions that are determined to be inappropriate or otherwise in violationof this Agreement.

By uploading your Contributions to the Sites, you hereby authorize Companyto grant to each end user a personal, limited, non-transferable,perpetual, non-exclusive, royalty-free, fully-paid license to access, download,print and otherwise use your Contributions for their internal purposes and notfor distribution, transfer, sale or commercial exploitation of any kind.

MOBILE APPLICATION LICENSE

Use License

If you are accessing the Lazy Day Apps  Services via a mobileapplication, then Lazy Day Apps  grants you a revocable, non-exclusive,non-transferable, limited right to install and use the application on wirelesshandsets owned and controlled by you, and to access and use the application onsuch devices strictly in accordance with the terms and conditions of this license.You shall use the application strictly in accordance with the terms of thislicense and shall not: (a) decompile, reverse engineer, disassemble, attempt toderive the source code of, or decrypt the application; (b) make anymodification, adaptation, improvement, enhancement, translation or derivativework from the application; (c) violate any applicable laws, rules orregulations in connection with your access or use of the application; (d)remove, alter or obscure any proprietary notice (including any notice ofcopyright or trademark) of Company or its affiliates, partners, suppliers orthe licensors of the application; (e) use the application for any revenuegenerating endeavor, commercial enterprise, or other purpose for which it isnot designed or intended; (f) make the application available over a network orother environment permitting access or use by multiple devices or users at thesame time; (g) use the application for creating a product, service or softwarethat is, directly or indirectly, competitive with or in any way a substitute forthe application; (h) use the application to send automated queries to any Sitesor to send any unsolicited commercial e-mail; or (i) use any proprietaryinformation or interfaces of Lazy Day Apps or other intellectual propertyof Lazy Day Apps in the design, development, manufacture, licensing ordistribution of any applications, accessories or devices for use with theapplication.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtainedfrom either the Apple Store or Google Play to access the Lazy Day Apps Services.You acknowledge that this Agreement is concluded between you and Lazy Day Apps only,and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and LazyDay Apps, not an App Distributor, is solely responsible for the Lazy Day Apps applicationand the content thereof. (1) SCOPE OF LICENSE: The license granted to you forthe Lazy Day Apps application is limited to a non-transferable license to usethe Lazy Day Apps application on a device that utilizes the Apple iOS orAndroid operating system, as applicable, and in accordance with the usage rulesset forth in the applicable App Distributor terms of service. (2) MAINTENANCEAND SUPPORT: Lazy Day Apps is solely responsible for providing any maintenanceand support services with respect to the Lazy Day Apps application, asspecified in this Agreement, or as required under applicable law. Youacknowledge that each App Distributor has no obligation whatsoever to furnishany maintenance and support services with respect to the Lazy Day Appsapplication. (3) WARRANTY: Lazy Day Apps is solely responsible for anyproduct warranties, whether express or implied by law, to the extent noteffectively disclaimed. In the event of any failure of the Lazy Day Apps application to conform to any applicable warranty, you may notify an AppDistributor, and the App Distributor, in accordance with its terms andpolicies, may refund the purchase price, if any, paid for the Lazy Day Apps application,and to the maximum extent permitted by applicable law, an App Distributor willhave no other warranty obligation whatsoever with respect to the Lazy Day Apps application,and any other claims, losses, liabilities, damages, costs or expensesattributable to any failure to conform to any warranty will be Lazy Day Apps sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Lazy Day Apps,not an App Distributor, is responsible for addressing any claims of yours orany third party relating to the Lazy Day Apps application or your possessionand/or use of the Lazy Day Apps application, including, but not limitedto: (i) product liability claims; (ii) any claim that the Lazy Day Apps applicationfails to conform to any applicable legal or regulatory requirement; and (iii)claims arising under consumer protection or similar legislation. (5)INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any thirdparty claim that the Lazy Day Apps application or your possession and useof the Lazy Day Apps application infringes a third party’s intellectualproperty rights, the App Distributor will not be responsible for theinvestigation, defense, settlement and discharge of any such intellectualproperty infringement claim. (6) LEGAL COMPLIANCE: You represent and warrantthat (i) you are not located in a country that is subject to a U.S. governmentembargo, or that has been designated by the U.S. government as a “terroristsupporting” country; and (ii) you are not listed on any U.S. government list ofprohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You mustcomply with applicable third party terms of agreement when using the Lazy DayApps application, e.g., if you have a VoIP application, then you must notbe in violation of their wireless data service agreement when using the LazyDay Apps application. (8) THIRD PARTY BENEFICIARY: Lazy Day Apps andyou acknowledge and agree that the App Distributors, and their subsidiaries,are third party beneficiaries of this Agreement, and that, upon your acceptanceof the terms and conditions of this Agreement, each App Distributor will havethe right (and will be deemed to have accepted the right) to enforce thisAgreement against you as a third party beneficiary thereof.  

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions,ideas, feedback or other information about the Sites or the Lazy Day AppsServices ("Submissions") provided by you to Lazy Day Apps are non-confidentialand Lazy Day Apps (as well as any designee of Company) shall be entitledto the unrestricted use and dissemination of these Submissions for any purpose,commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Sites for any other purpose other thanthat for which Lazy Day Apps makes it available. The Sites may not be usedin connection with any commercial endeavors except those that are specificallyendorsed or approved by Lazy Day Apps. Prohibited activity includes, but is notlimited to:  

A. attempting to bypass any measures of theSites designed to prevent or restrict access to the Sites, or any portion ofthe Sites 

B. attempting to impersonate another user orperson or using the username of another user 

C. criminal or tortious activity 

D. deciphering, decompiling, disassembling orreverse engineering any of the software comprising or in any way making up apart of the Sites 

E. deleting the copyright or other proprietary rightsnotice from any Sites' content 

F. engaging in any automated use of the system,such as using any data mining, robots or similar data gathering and extractiontools 

G. except as may be the result of standardsearch engine or Internet browser usage, using or launching, developing ordistributing any automated system, including, without limitation, any spider,robot (or "bot"), cheat utility, scraper or offline reader thataccesses the Sites, or using or launching any unauthorized script or othersoftware 

H. harassing, annoying, intimidating orthreatening any Company employees or agents engaged in providing any portion ofthe Company Services to you 

I. interfering with, disrupting, or creating anundue burden on the Sites or the networks or services connected to theSites 

J. making any unauthorized use of the CompanyServices, including collecting usernames and/or email addresses of users byelectronic or other means for the purpose of sending unsolicited email, orcreating user accounts by automated means or under false pretenses 

K. selling or otherwise transferring your profile 

L. systematic retrieval of data or other contentfrom the Sites to create or compile, directly or indirectly, a collection,compilation, database or directory without written permission fromCompany 

M. tricking, defrauding or misleading Companyand other users, especially in any attempt to learn sensitive accountinformation such as passwords 

N. using any information obtained from the Sitesin order to harass, abuse, or harm another person 

O. using the Company Services as part of anyeffort to compete with Company or to provide services as a service bureau 

P. using the Sites in a manner inconsistent withany and all applicable laws and regulations 

INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“Lazy Day Apps Content”) and the trademarks, servicemarks and logos contained therein (“Marks”) are owned by or licensed to LazyDay Apps, and are subject to copyright and other intellectual property rightsunder United States and foreign laws and international conventions. Lazy DayApps Content, includes, without limitation, all source code, databases,functionality, software, Sites' designs, audio, video, text, photographs andgraphics. All Lazy Day Apps graphics, logos, designs, page headers, buttonicons, scripts and service names are registered trademarks, common lawtrademarks or trade dress of Lazy Day Apps in the United States and/or othercountries. Lazy Day Apps trademarks and trade dress may not be used, includingas part of trademarks and/or as part of domain names, in connection with any productor service in any manner that is likely to cause confusion and may not becopied, imitated, or used, in whole or in part, without the prior writtenpermission of the Lazy Day Apps company. 

Lazy Day Apps Content on the Sites is provided to you “AS IS” for yourinformation and personal use only and may not be used, copied, reproduced,aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, orotherwise exploited for any other purposes whatsoever without the prior writtenconsent of the respective owners. Provided that you are eligible to use theSites, you are granted a limited license to access and use the Sites and the LazyDay Apps Content and to download or print a copy of any portion of the Lazy DayApps Content to which you have properly gained access solely for your personal,non-commercial use. Lazy Day Apps reserves all rights not expressly granted toyou in and to the Sites and Lazy Day Apps Content and Marks. 

THIRDPARTY WEBSITES AND CONTENT

The Sites contains (or you may be sent through the Sites or the Lazy DayApps Services) links to other websites ("Third Party Websites") aswell as articles, photographs, text, graphics, pictures, designs, music, sound,video, information, applications, software and other content or items belongingto or originating from third parties (the "Third Party Content").Such Third Party Websites and Third Party Content are not investigated,monitored or checked for accuracy, appropriateness, or completeness by us, andwe are not responsible for any Third Party accessed through the Sites or anyThird Party Content posted on, available through or installed from the Sites,including the content, accuracy, offensiveness, opinions, reliability, privacypractices or other policies of or contained in the Third Party Websites or theThird Party Content. Inclusion of, linking to or permitting the use orinstallation of any Third Party Websites or any Third Party Content does notimply approval or endorsement thereof by us. If you decide to leave the Sitesand access the Third Party Websites or to use or install any Third PartyContent, you do so at your own risk and you should be aware that our terms andpolicies no longer govern that content. You should review the applicable terms and policies, including privacyand data gathering practices, of any websites to which you navigate from theSites or relating to any applications you use or install from the Sites. Anypurchases you make through Third Party Websites will be through other websitesand from other companies, and Lazy Day Apps takes no responsibilitywhatsoever in relation to such purchases which are exclusively between you andthe applicable third party.

SITE MANAGEMENT

Lazy Day Apps reserves the right but does not have the obligationto:

A. monitor the Sites for violations of thisAgreement;

B. take appropriate legal action against anyonewho, in Lazy Day Apps sole discretion, violates this Agreement, including withoutlimitation, reporting such user to law enforcement authorities;

C. in Lazy Day Apps sole discretion and withoutlimitation, refuse, restrict access to or availability of, or disable (to theextent technologically feasible) any user’s contribution or any portion thereofthat may violate this Agreement or any Lazy Day Apps policy;

D. in Company’s sole discretion and withoutlimitation, notice or liability to remove from the Sites or otherwise disableall files and content that are excessive in size or are in any way burdensometo Lazy Day Apps 's systems;

E. otherwise manage the Sites in a manner designedto protect the rights and property of Lazy Day Apps and others and tofacilitate the proper functioning of the Sites.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use theSites or are otherwise a user or member of the Sites, as applicable. You mayterminate your use or participation at any time, for any reason, by followingthe instructions for terminating user accounts in your account settings, ifavailable, or by contacting us using the contact information below. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVESTHE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENYACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANYREASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANYAPPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE ORPARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE ANDANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,IN COMPANY’S SOLE DISCRETION. 

In order to protect the integrity of the Sites and Company Services,Company reserves the right at any time in its sole discretion to block certainIP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposesof such provisions, need to survive the termination or expiration of thisAgreement, shall be deemed to survive for as long as necessary to fulfill suchpurposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’STHIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS ANDHOLIDAYS. YOU CAN CANCEL BY ACCESSING THE “CANCEL MY ACCOUNT” SECTION IN YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDINGIN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you areprohibited from registering and creating a new account under your name, a fakeor borrowed name, or the name of any third party, even if you may be acting onbehalf of the third party. In addition to terminating or suspending youraccount, Company reserves the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changesto this Agreement will be posted on the Sites and revisions will be indicatedby date. You agree to be bound to any changes to this Agreement when you use theCompany Services after any such modification becomes effective. Company mayalso, in its discretion, choose to alert all users with whom it maintains emailinformation of such modifications by means of an email to their most recentlyprovided email address. It is therefore important that you regularly reviewthis Agreement and keep your contact information current in your accountsettings to ensure you are informed of changes. You agree that you willperiodically check the Sites for updates to this Agreement and you will readthe messages we send you to inform you of any changes. Modifications to this Agreementshall be effective after posting. 

To Services

Company reserves the right at any time to modify or discontinue,temporarily or permanently, the Company Services (or any part thereof) with orwithout notice. You agree that Company shall not be liable to you or to anythird party for any modification, suspension or discontinuance of the CompanyServices. 

DISPUTES

Between Users

If there is a dispute between users of the Sites, or between users andany third party, you understand and agree that Company is under no obligationto become involved. In the event that you have a dispute with one or more otherusers, you hereby release Company, its officers, employees, agents andsuccessors in rights from claims, demands and damages (actual and consequential)of every kind or nature, known or unknown, suspected and unsuspected, disclosedand undisclosed, arising out of or in any way related to such disputes and/orthe Company Services.  

With Company

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services shallbe governed by and construed in accordance with the internal laws of theCommonwealth of Kentucky, without regard to conflict of law provisions. Withrespect to any disputes or claims not subject to informal dispute resolution orarbitration (as set forth below), you agree not to commence or prosecute anyaction in connection therewith other than in the state and federal courtslocated in the Commonwealth of Kentucky, and you hereby consentto, and waive all defenses of lack of personal jurisdiction and forum nonconveniens with respect to, venue and jurisdiction in such state and federalcourts. Application of the United Nations Convention on Contracts for theInternational Sale of Goods is excluded from this Agreement. Additionally,application of the Uniform Computer Information Transaction Act (UCITA) isexcluded from this Agreement. In no event shall any claim, action orproceeding by you related in any way to the Sites or Company Services be institutedmore than two (2) years after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversyor claim related to this Agreement ("Dispute"), you and Company agreeto first attempt to negotiate any Dispute (except those Disputes expresslyprovided below) informally for at least ninety (90) days before initiating any arbitration or court proceeding. Suchinformal negotiations commence upon written notice from one person to theother.

C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informalnegotiations, either you or Company may elect to have the Dispute (except thoseDisputes expressly excluded below) finally and exclusively resolved by bindingarbitration. Any election to arbitrate by one party shall be final and bindingon the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THERIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commencedand conducted under the Commercial Arbitration Rules of the AmericanArbitration Association ("AAA") and, where appropriate, the AAA’sSupplementary Procedures for Consumer Related Disputes ("AAA ConsumerRules"), both of which are available at the AAA website www.adr.org. Thedetermination of whether a Dispute is subject to arbitration shall be governedby the Federal Arbitration Act and determined by a court rather than anarbitrator. Your arbitration fees and your share of arbitrator compensationshall be governed by the AAA Consumer Rules and, where appropriate, limited bythe AAA Consumer Rules. If such costs are determined by the arbitrator to beexcessive, Company will pay all arbitration fees and expenses. The arbitrationmay be conducted in person, through the submission of documents, by phone or online.The arbitrator will make a decision in writing, but need not provide astatement of reasons unless requested by a party. The arbitrator must followapplicable law, and any award may be challenged if the arbitrator fails to doso. Except where otherwise required by the applicable AAA rules or applicablelaw, the arbitration will take place in Warren County, Commonwealthof Kentucky. Except as otherwise provided in this Agreement, you and Companymay litigate in court to compel arbitration, stay proceedings pendingarbitration, or to confirm, modify, vacate or enter judgment on the awardentered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to theDispute between Company and you individually. To the full extent permitted bylaw, (1) no arbitration shall be joined with any other; (2) there is no rightor authority for any Dispute to be arbitrated on a class-action basis or toutilize class action procedures; and (3) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf of thegeneral public or any other persons.

E. Exceptions to Informal Negotiations andArbitration. You and Company agree thatthe following Disputes are not subject to the above provisions concerninginformal negotiations and binding arbitration: (1) any Disputes seeking toenforce or protect, or concerning the validity of any of your or Company’sintellectual property rights; (2) any Dispute related to, or arising from,allegations of theft, piracy, invasion of privacy or unauthorized use; and (3)any claim for injunctive relief. If this Section is found to be illegal orunenforceable then neither you nor Company will elect to arbitrate any Disputefalling within that portion of this Section found to be illegal orunenforceable and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and you andCompany agree to submit to the personal jurisdiction of that court.  

CORRECTIONS

Occasionally there may be information on the Sites that containstypographical errors, inaccuracies or omissions that may relate to service descriptions,pricing, availability, and various other information. Company reserves the rightto correct any errors, inaccuracies or omissions and to change or update theinformation at any time, without prior notice. 

DISCLAIMERS

Company cannot control the nature of all of the content available on theSites. By operating the Sites, Company does not represent or imply that Companyendorses any blogs, contributions or other content available on or linked to bythe Sites, including without limitation content hosted on third party websitesor provided by third party applications, or that Company believes contributions,blogs or other content to be accurate, useful or non-harmful. We do not controland are not responsible for unlawful or otherwise objectionable content you mayencounter on the Sites or in connection with any contributions. The Company isnot responsible for the conduct, whether online or offline, of any user of theSites or Company Services.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE ATYOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NOWARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITESCONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTIONOR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANYBUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANYCONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OROTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.  

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSTREVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES ORCOMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TOCOMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANYCAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME ORALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAYHAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODESECTION 1542, WHICH SAYS: “A GENERAL RELEASEDOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW ORSUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE ANDTHAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HERSETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, andaffiliates, and their respective officers, agents, partners and employees,harmless from and against, any loss, damage, liability, claim, or demand, includingreasonable attorneys’ fees and expenses, made by any third party due to orarising out of your contributed content, use of the Company Services, and/orarising from a breach of this Agreement and/or any breach of your representationsand warranties set forth above. Notwithstanding the foregoing, Companyreserves the right, at your expense, to assume the exclusive defense andcontrol of any matter for which you are required to indemnify Company, and youagree to cooperate, at your expense, with Company’s defense of suchclaims. Company will use reasonable efforts to notify you of any suchclaim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Companyshall be given by email to the address listed in the contact information below.Any notices given to you shall be given to the email address you providedduring the registration process, or such other address as each party may specify.Notice shall be deemed to be given twenty-four (24) hours after the email issent, unless the sending party is notified that the email address is invalid.We may also choose to send notices by regular mail.

USER DATA

Our Sites will maintain certain data that you transfer to the Sites forthe purpose of the performance of the Company Services, as well as datarelating to your use of the Company Services. Although we perform regularroutine backups of data, you are primarily responsible for all data that youhave transferred or that relates to any activity you have undertaken using theCompany Services. You agree that Company shall have no liability to you for anyloss or corruption of any such data, and you hereby waive any right of actionagainst Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter intoagreements and/or to make transactions electronically. YOU ACKNOWLEDGE THATYOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BYAND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TOBE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALLTRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICESOF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access andretain your electronic records, you may be required to have certain hardwareand software, which are your sole responsibility.   

ELECTRONIC SIGNATURES

Users are allowed on Lazy Day Apps Sites to transmit and receive valid electronic signatures in the UnitedStates under the Electronic Signatures in Global and National Commerce Act(E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999as adopted by individual states. Users’ signatures and identities are notauthenticated on Lazy Day Apps.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Companyregarding the use of the Company Services. The failure of Company to exerciseor enforce any right or provision of this Agreement shall not operate as a waiverof such right or provision. The section titles in this Agreement are forconvenience only and have no legal or contractual effect. This Agreementoperates to the fullest extent permissible by law. This Agreement and youraccount may not be assigned by you without our express written consent. Companymay assign any or all of its rights and obligations to others at any time.Company shall not be responsible or liable for any loss, damage, delay orfailure to act caused by any cause beyond Company's reasonable control. If anyprovision or part of a provision of this Agreement is unlawful, void orunenforceable, that provision or part of the provision is deemed severable fromthis Agreement and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and Company as a result of this Agreementor use of the Sites and Company Services. Upon Company’s request, you willfurnish Company any documentation, substantiation or releases necessary toverify your compliance with this Agreement. You agree that this Agreement willnot be construed against Company by virtue of having drafted them. You herebywaive any and all defenses you may have based on the electronic form of thisAgreement and the lack of signing by the parties hereto to execute thisAgreement.

CONTACTUS

In order to resolve a complaint regarding the Company Services or to receivefurther information regarding use of the Company Services, please contactCompany as set forth below or, if any complaint with us is not satisfactorilyresolved, and you are a California resident, you can contact the Complaint AssistanceUnit of the Division of Consumer Services of the Department of Consumer Affairsin writing at 400 "R" Street, Sacramento, California 95814 or bytelephone at 1-916-445-1254.

Attn: Complaint Team

Lazy Day Apps 

760 Campbell Ln St 106112

Bowling Green, KY 42104

Email: LazyDayApps@gmail.com