Terms of Service | Tranquility

These Terms of Service (“Terms”) apply to your access to and use of the website located at https://www.usetranquility.com/ (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by Tranquility Creative LLC (“Tranquility”, “we”, “our” or “us”). Product and service offerings will be made available to you after you register for the Site.

BY AGREEING TO THESE TERMS, EXCEPT TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND TRANQUILITY WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Site.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Site, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Site.

1 Eligibility and Use Restrictions

If you are using the Site on behalf of a business or an entity, the following terms apply to you:

(a)Authorization. If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms (other than in this subsection) will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us.

(b)Jurisdiction. You may only use our Site in jurisdictions authorized by Tranquility. Use of our Site is currently authorized only in the United States.

(c)Use and Sharing. Our Site is provided to you only for your internal business use and not for the benefit or use of any third party. Tranquility may enable you to designate authorized individuals (“Authorized Users”) to use our Site, and only Authorized Users may use our Site. You will be solely responsible for your Authorized Users and their activity in connection with the Site.

If you are a consumer, the following terms apply to you:

(a)Age. Users under 18 years of age (or the age of legal majority where you live) may not use our Site. If you are a parent or guardian and you believe that your child under the age of 18 is using our Site without your consent, please contact us at support@usetranquility.com.

(b)Jurisdiction. You may only use our Site in jurisdictions authorized by Tranquility. Use of our Site is currently authorized only in the United States.

2 Your Information

You may provide certain information to Tranquility in connection with your access or use of our Site, or we may otherwise collect certain information about you when you access or use our Site. You agree to receive emails, SMS or text messages, and other types of communication from Tranquility via the Site using the email address or other contact information you provide in connection with the Site. You represent and warrant that any information that you provide to Tranquility in connection with the Site is accurate.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy [https://www.usetranquility.com/signup].

3 Accounts

For Business Users: Authorized Users must create accounts in order to use some or all of our Site. You will ensure that your Authorized Users (a) do not share their account credentials, (b) provide accurate account information and promptly update this information if it changes, and

(c)use a strong password for their account that is unique to our Site and not used by that Authorized User in any other website or online service. You will maintain the security of any accounts created by your Authorized Users. If you discover or suspect that someone has accessed the account of one of your Authorized Users without permission, you will promptly notify Tranquility. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

For Consumer Users: You must create an account with Tranquility in order to use some or all of our Site. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Site and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

4 User Content

(a)Our Site may allow you and other users to create, post, store, and share content, including reviews, messages, text, photos, videos, software, and other materials (collectively, “User Content”). When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

(b)Except for the license you grant below, as between you and Tranquility, you retain all rights in and to your User Content, excluding any portion of the Site included in your User Content. You grant Tranquility and its subsidiaries and affiliates and our end users a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.

(c)You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:

▪Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

▪Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;

▪May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

▪Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;

▪Impersonates, or misrepresents your affiliation with, any person or entity;

▪Contains any unsolicited promotions, political campaigning, advertising, or solicitations;

▪Contains any private or personal information of a third party without such third party’s consent;

▪Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or

▪In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose Tranquility or others to any harm or liability of any type.

(d)Enforcement of this Section 4 is solely at Tranquility’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 4 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.

(e)We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:

▪Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;

▪Terminate or suspend your access to all or part of the Site, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;

▪Take any action with respect to your User Content that is necessary or appropriate, in Tranquility’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Tranquility’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and

▪As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Site.

5 Prohibited Conduct

(f)You will not use our Site if you are not eligible to use our Site in accordance with Section 1 and will not use our Site other than for their intended purpose. Further, you will not, in connection with our Site:

▪Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;

▪Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

▪Use or attempt to use another user’s account or information without authorization from that user and Tranquility;

▪Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

▪Sell or resell our Site;

▪Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;

▪Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;

▪Use our Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Site or that could damage, disable, overburden, or impair the functioning of our Site in any manner;

▪Reverse engineer any aspect of our Site or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Site;

▪Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Site except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Tranquility grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Tranquility reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;

▪Develop or use any applications or software that interact with our Site without our prior written consent;

▪Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

▪Link to any online portion of the Site [in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Tranquility; or

▪Use our Site for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(g)Enforcement of this Section 5 is solely at Tranquility’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

6 Ownership; Limited License

The Site, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Tranquility or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for the limited purposes allowed by the Site and any Supplemental Terms. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

7 Trademarks

Our trademarks and our logos, product or service names, slogans, and the look and feel of the Site are trademarks of Tranquility and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Site are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

8 Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Tranquility or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Site, or to improve or develop new products, services, or the Site in Tranquility’s sole discretion. Tranquility will exclusively own all improvements to, or new, Tranquility products, services, or Site based on any Feedback. You understand that Tranquility may treat Feedback as nonconfidential.

9 Third-Party Content

(a)Our Site relies on or interoperates with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Site. You acknowledge that (a) the use and availability of the Site is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Site operate.

(b)We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

(c)We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Site at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Site.

10 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Tranquility and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Tranquility Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or

(e)your conduct in connection with the Site. You will promptly notify Tranquility Parties of any third-party Claims, cooperate with Tranquility Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Tranquility Parties will have control of the defense or settlement, at Tranquility's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Tranquility or the other Tranquility Parties.

11 Disclaimers

Your use of our Site and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Site, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. Tranquility disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Tranquility does not represent or warrant that our Site or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Site or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While Tranquility attempts to make your use of our Site and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Site or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Site and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Tranquility, Tranquility Parties, and Tranquility’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

12 Limitation of Liability

(a)To the fullest extent permitted by applicable law, Tranquility and the other Tranquility Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Tranquility or the other Tranquility Parties have been advised of the possibility of such damages.

(b)Except as otherwise set forth in any Supplemental Terms, the total liability of Tranquility and the other Tranquility Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Site (if any).

(c)The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Tranquility or the other Tranquility Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13 Release

To the fullest extent permitted by applicable law, you release Tranquility and the other Tranquility Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14 Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Tranquility and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Tranquility agree that any dispute arising out of or related to these Terms or our Site is personal to you and Tranquility and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Tranquility seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Tranquility seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Tranquility waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Tranquility you agree to first contact Tranquility and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Tranquility by email at support@usetranquility.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above, and we will contact you at the email or mailing address you have provided.

If you and Tranquility cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, or longer if agreed in writing by the parties, then either party may submit the Dispute to binding arbitration administered by The American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All Disputes submitted to the AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Moore County, North Carolina unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 14, a “consumer” means a person using the Site for personal, family or household purposes. If you are a consumer, the rules applicable to Claims between you and Tranquility are the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Dispute Resolution Terms.

You and Tranquility agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability, validity, enforceability, and scope. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitration may allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Tranquility, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

To the extent permitted by law, a claimant must pay all reasonable costs and fees incurred by the responding party—including arbitration fees, attorney fees, and expert fees—related to a claim if an arbitrator or court determines that (i) the claim was not warranted by existing law or by a nonfrivolous argument or (ii) the claim was filed in arbitration for any improper purpose, including to harass the responding party, cause unnecessary delay, or increase the cost of dispute resolution.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Tranquility will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by emailing us at support@usetranquility.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.

If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.

15 Governing Law

Any dispute, claim, or controversy arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of North Carolina, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 14, then the state and federal courts located in Moore County, North Carolina will have exclusive jurisdiction. You and Tranquility waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

16 Modifying and Terminating Our Site

We reserve the right to modify our Site or to suspend or terminate providing all or part of our Site at any time; charge, modify, or waive any fees required to use the Site; or offer opportunities to some or all end users of the Site. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Site, such as by sending an email or providing a notice through our Site. All modifications and additions to the Site will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Tranquility in writing. You also have the right to stop using our Site at any time, and you may terminate these Terms by ceasing use of our Site. We are not responsible for any loss or harm related to your inability to access or use our Site.

17 Severability

If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

18 Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

19 Miscellaneous

Tranquility’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.