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Terms of Service

These Terms of Service (“Terms of Service” or “ToS”) govern the use of the cannabis product ordering and delivery service that Surfer Boy Bake Shop Inc. (“Surfer Boy Bake Shop” or “us” or “we”) makes available to an individual consumer (“you”) through our website located at surferboybakes.com or surferboybakeshop.com (the “Website”) and through mobile applications and related services, as modified from time to time (collectively, the “Service”). The Website and the Service are collectively and individually referred to as the “Solution”. As used in these ToS, the word “including” means “including without limitation”. THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS IN RESOLVING DISPUTES. By accessing or using the

Solution, you expressly accept all the provisions of these ToS and represent to us that you are an age legally permitted for ordering cannabis products for the state or province in which you are located, and that you are legally competent to enter into and agree to these ToS. If you do not accept these ToS, then you may not use the Solution.

  1. ABOUT SURFER BOY BAKE SHOP. ACKNOWLEDGEMENTS
  2. What Surfer Boy Bake Shop Does. Surfer Boy Bake Shop Inc. provides a virtual service where consumers can connect with lawfully operated cannabis collectives, cooperatives, and related delivery service providers (collectively, “Dispensaries”). The Solution is not a Dispensary itself and is not a medical provider. You acknowledge that Surfer Boy Bake Shop does not provide medical advice via the Solution or otherwise.
  3. Dispensaries and Applicable Law. You may only place orders, make reservations, or request deliveries for goods or services at participating Dispensaries using the Solution. You must use the Solution, including the manner in which you order, reserve, request delivery, pick up and pay for products, in compliance with the laws and regulations of the state in which you access the Solution and all applicable federal laws, excepting only for federal laws and regulations related to marijuana (“Applicable Laws”). Depending on your location, payment for any goods or services may be made in-person at a Dispensary or authorized delivery location upon presenting your valid, government- issued identification, medical marijuana registration card, doctor’s recommendation, or such combination of the preceding documents or additional documents as may be required by Applicable Laws or the Dispensary. You agree and acknowledge that the features of the Solution may vary depending upon the state in which you access the Solution. For example, you may be able to request delivery of products in certain states, but not others.
  4. Federal Law. Surfer Boy Bake Shop makes no representation regarding the legality of the cultivation, manufacture, distribution, and possession of marijuana, assisting with or conspiring to do the same, or any such activities by or through the Solution under United States federal law. You are responsible for any civil, criminal, or administrative investigations, proceedings or penalties that may result from Your use of the Solution. Surfer Boy Bake Shop expressly disclaims any such liability or responsibility.
  5. Product Descriptions. Surfer Boy Bake Shop attempts to be as accurate as reasonably possible in product descriptions and images for products available through the Solution. However, the Solution is not a Dispensary and does not itself package, test, or label the products available through the Solution. Surfer Boy Bake Shop does not warrant that product descriptions, images, or other content available through the Solution are accurate, complete, reliable, current, or error-free. You acknowledge and agree that that amounts in product descriptions through the Solution are averages or estimates, and that amounts may vary for individual items, packages, or orders that you receive. Amounts on the Website include, without limitation, the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and/or terpenes in a product, the total weight, mass, or volume of a product, the size, number of individual items, in a product, and any other unit of measurement related to a product.
  6. LICENSE and RESTRICTIONS; Ownership
  7. License Grant. Subject to your compliance with these ToS, we hereby grant you a personal, non- exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Solution, for your personal use only, and subject to the limitations set forth in these ToS, including those in Section 3.C below. We reserve all rights not expressly granted to you pursuant to these ToS. The limited rights granted to you to access and use the Solution are a limited license and do not constitute the sale of any software program.
    B. Fees. Surfer Boy Bake Shop will notify end users prior to charging any fees for use of the Solution.
    C. Use Restrictions.
  1. You agree that: (i) you will not use the Solution if you are not fully able and legally competent to agree to these ToS and of the required legal age; (ii) you will only use the Solution in full compliance with Applicable Laws; (iii) you will not use the Solution for sending or storing any material prohibited by Applicable Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (iv) you will not use the Solution to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Solution to cause nuisance, annoyance or inconvenience; (vi) you will keep secure and confidential your account password or any identification we provide you which allows access to the Solution; and (vii) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request.
  2. Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Solution in any unauthorized manner, including in any service bureau arrangement; (ii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Solution, or any part thereof in any form or manner or by any means; (iii) harvest or scrape any content or data from the Solution; (iv) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Solution; (v) decompile, disassemble, reverse compile, reverse assemble, reverse translate, reverse engineer or otherwise use any means to discover the source code of any part of the Solution , or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (vi) otherwise circumvent any functionality that controls access to or otherwise protects the Solution; or (viii ) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Surfer Boy Bake Shop Inc. and its licensors. If you breach these restrictions, you may be subject to damages.
  3. Ownership. The Solution and its content, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials accessed through or on the Solution, including all right, title and interest in the same (including any and all patent, copyright, trade secret, trademark, know-how and any other intellectual property rights therein), are owned by Surfer Boy Bake Shop Inc. and its licensors, and are protected under intellectual property, copyright, trademark and other laws. You agree not to take any action(s) inconsistent with such ownership interests.
  1. Feedback and Revisions. Any and all: (i) suggestions for correction, change and modification to the Solution and other feedback (including but not limited to quotations of written or oral feedback), information and reports you provide to Surfer Boy Bake Shop (collectively “Feedback”); and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Surfer Boy Bake Shop or otherwise relating to the Solution (collectively, “Revisions”), are and will remain the property of Surfer Boy Bake Shop. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Solution or in any such Feedback or Revisions. You agree that by providing Feedback or Revisions to Surfer Boy Bake Shop that it becomes the sole and exclusive property of Surfer Boy Bake Shop and Surfer Boy Bake Shop may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to Surfer Boy Bake Shop any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. User Content License Grant. The Solution may require you to rate (on a five-star scale) each transaction you complete with a Dispensary using the Solution. You will also have the option to submit written feedback regarding the goods or services you received via such a transaction. As a condition of your use of the Solution, you hereby grant to Surfer Boy Bake Shop a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Solution (“Your Content”). By posting or submitting Your Content through the Solution, you represent and warrant: (i) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (ii) that Your Content is accurate; and (iii) that use of Your Content does not violate these ToS or our Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Solution, including in the forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SOLUTION.
  2. ARBITRATION AND CLASS ACTION WAIVER.

If you are using the Solution, the following arbitration clause applies:

  1. Binding Arbitration. Any dispute or claim arising in any way from your use of the Solution, except for disputes relating to the infringement of our intellectual property rights, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
  2. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these ToS as a court would.
  3. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
  4. Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
  5. Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Surfer Boy Bake Shop Inc. will pay all other AAA and arbitrator’s fees and expenses.
  6. Individual Basis. To the fullest extent permitted by applicable law, you and Surfer Boy Bake Shop each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Surfer Boy Bake Shop each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
  7. Limitation Period. In no event should any claim, action or proceeding by you or Surfer Boy Bake Shop be instituted more than one (1) year after the cause of action arose.
  8. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
  9. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Surfer Boy Bake Shop each agree to the exclusive jurisdiction of the Federal and State courts located in Florida, and you and Surfer Boy Bake Shop each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
  10. GENERAL PROVISIONS
  11. Termination. If you breach any of the terms of these ToS, all licenses granted by us, including permission to use the Solution, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, access to the Solution (or any part of the foregoing) with or without notice, for any or no reason (including, for example, if you fail to honor reservations you make through the Solution). If we delete your Account for any suspected breach of these ToS by you, you are prohibited from re- registering for the Solution under a different name. All sections which by their nature should survive the termination of these ToS shall continue in full force and effect after and notwithstanding any termination of this Agreement by Surfer Boy Bake Shop or you. Termination will not limit any of our other rights or remedies at law or in equity.
  12. Injunctive Relief. You agree that a breach of these ToS may cause irreparable injury to Surfer Boy Bake Shop Inc. for which monetary damages might not be an adequate remedy and Surfer Boy Bake Shop shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
  13. Miscellaneous. These ToS constitute the entire agreement between you and Surfer Boy Bake Shop Inc. with respect to the subject matter hereof, and all prior or contemporaneous understandings or agreements, whether written or oral, between you and Surfer Boy Bake Shop Inc. with respect to such subject matter are hereby superseded in their entirety. These ToS may not be modified except by a writing executed by the duly authorized representatives of Surfer Boy Bake Shop Inc. or pursuant to Section 8.5 of these ToS. No other act, document, usage, or custom will be deemed to modify or amend these ToS. These ToS will inure to the benefit of and will be binding upon each party’s successors and assigns. These ToS and the licenses granted hereunder may be assigned by Surfer Boy Bake Shop Inc. but may not be assigned by you without the prior express written consent of Surfer Boy Bake Shop. Any attempt by you to assign these ToS without the written consent of Surfer Boy Bake Shop Inc. shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these ToS will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. If either party is prevented from performing, or is unable to perform, any of its obligations under these ToS due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be part of the ToS but are for convenience only. If you are using the Solution from the United States, the laws of the State of Florida, excluding its conflicts of law rules, govern these ToS and your use of the Service and the Website. If you are using the Solution from any other country, the laws of that country shall govern your use of the Solution. Your use of the Solution may also be subject to other local, state, provincial, or international laws.
  14. Modifications. We may occasionally update these ToS. When we do so, we will post the updated ToS on the Website and revise the “Last Updated” date at the top of these ToS. If you continue to use the Solution after we post an update to these ToS, you indicate your acceptance of the updated ToS.
  15. INDEMNIFICATION

By entering into this Agreement and using the Surfer Boy Bake Shop Platform, you agree to defend, indemnify and hold SURFER BOY BAKE SHOP INC., its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement, the SURFER BOY BAKE SHOP INC. Terms, or any applicable law or regulation, whether or not referenced herein;

(ii) your violation of any rights of any third party, including Users, Retailers, Brands, or other Third-Party Providers; (iii) your use or misuse of the Surfer Boy Bake Shop Platform or Products available therein; (iv) if you are a Driver, your actions or omissions arising from the performance of Delivery Services or access or use of the Driver App; and/or (iii) your negligence or willful misconduct.

  1. DISCLAIMER OF WARRANTIES

SURFER BOY BAKE SHOP INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SURFER BOY BAKE SHOP PLATFORM. SURFER BOY BAKE SHOP INC. DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SURFER BOY BAKE SHOP PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SURFER BOY BAKE SHOP PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALIT Y OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SURFER BOY BAKE SHOP PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SURFER BOY BAKE SHOP PLATFORM WILL BE CORRECTED, OR (F) THE SURFER BOY BAKE SHOP NETWORK OR OTHER ASPECTS OF THE SURFER BOY BAKE SHOP PLATFORM ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS. THE SURFER BOY BAKE SHOP PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SURFER BOY BAKE SHOP. SURFER BOY BAKE SHOP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SURFER BOY BAKE SHOP PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SURFER BOY BAKE SHOP PLATFORM, AND ANY THIRD- PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

BY USING THE SURFER BOY BAKE SHOP PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SURFER BOY BAKE SHOP PLATFORM.

  1. DELAYS

The Surfer Boy Bake Shop Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. SURFER BOY BAKE SHOP INC. does not guarantee the availability or uptime of the Surfer Boy Bake Shop Platform. You acknowledge and agree that the Surfer Boy Bake Shop Platform may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, Delivery Services from Retailers may be subject to limitations, delays, and other problems inherent in physical delivery, and neither Surfer Boy Bake Shop nor Third-Party Providers are responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL SURFER BOY BAKE SHOP INC., INCLUDING ITS LICENSORS, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “SURFER BOY BAKE SHOP” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). SURFER BOY BAKE SHOP SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SURFER BOY BAKE SHOP PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SURFER BOY BAKE SHOP PLATFORM, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, RETAILER, BRAND, SPONSOR, OR OTHER THIRD-PARTY PROVIDER WHOSE ADVERTISING APPEARS ON THE SURFER BOY BAKE SHOP PLATFORM OR IS REFERRED THROUGH THE SURFER BOY BAKE SHOP PLATFORM, EVEN IF SURFER BOY BAKE SHOP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SURFER BOY BAKE SHOP MAY INTRODUCE YOU TO RETAILERS, BRANDS OR OTHER THIRD-PARTY PROVIDERS FOR THE PURPOSES OF PROVIDING DELIVERY SERVICES. SURFER BOY BAKE SHOP WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY RETAILER, BRAND, DRIVER, OR OTHER THIRD-PARTY PROVIDER AND YOU EXPRESSLY

WAIVE AND RELEASE SURFER BOY BAKE SHOP FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SUCH THIRD PARTIES. YOU ACKNOWLEDGE THAT RETAILERS PROVIDING DELIVERY SERVICES REQUESTED THROUGH THE SURFER BOY BAKE SHOP PLATFORM MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. SURFER BOY BAKE SHOP WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTIES. SURFER BOY BAKE SHOP CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND A THIRD PARTY, INCLUDING THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SURFER BOY BAKE SHOP PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF FLORIDA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SURFER BOY BAKE SHOP INC.’S TOTAL AGGREGATE LIABILITY UNDER THESE TOS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO SURFER BOY BAKE SHOP INC. UNDER THESE TERMS OR SERVICE; OR (II) ONE HUNDRED DOLLARS ($100) UNITED STATES DOLLARS.

  1. NOTICE

SURFER BOY BAKE SHOP INC. may give notice by means of a general notice on the Surfer Boy Bake Shop Platform, email, telephone, text message or by written communication sent by first class mail or pre-paid post to your address on record in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SURFER BOY BAKE SHOP INC. (such notice shall be deemed given when received by Surfer Boy Bake Shop) at any time by sending an email to: info@surferboybakes.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

  1. ASSIGNMENT

This Agreement may not be assigned by you without the prior written approval of SURFER BOY BAKE SHOP INC. but may be assigned without your consent by SURFER BOY BAKE SHOP INC. to: (i) a parent or subsidiary; (ii) an acquirer of assets; (iii) a successor by merger; or (iv) any third party that assumes SURFER BOY BAKE SHOP INC.’s rights and obligations under this Agreement. Any purported assignment in violation of this section shall be void.

  1. EXPORT CONTROL

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Surfer Boy Bake Shop Platform nor any technical data related thereto, nor any direct product thereof is exported or re- exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Surfer Boy Bake Shop Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. TERM FOR CAUSE OF ACTION

You and SURFER BOY BAKE SHOP INC. agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Surfer Boy Bake Shop Platform or the Surfer Boy Bake Shop Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

  1. GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, SURFER BOY BAKE SHOP INC., or any third party as a result of this Agreement or use of the Surfer Boy Bake Shop Platform. If any provision of the Agreement is held to be invalid or unenforceable, you and SURFER BOY BAKE SHOP INC. agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of SURFER BOY BAKE SHOP INC. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SURFER BOY BAKE SHOP INC. in writing. This Agreement (including the SURFER BOY BAKE SHOP INC. Terms) constitutes the entire agreement between you and SURFER BOY BAKE SHOP INC. and governs your use of the Surfer Boy Bake Shop Platform, superseding any prior agreements between you and SURFER BOY BAKE SHOP INC.. This agreement and the relationship between you and SURFER BOY BAKE SHOP INC. shall be governed by the laws of the State of Florida without regard to their conflict of law provisions. In the event that either you or SURFER BOY BAKE SHOP INC. commence a court action, any such action shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you and SURFER BOY BAKE SHOP INC. both submit to personal jurisdiction there. The section titles or headings in this agreement are for convenience only and have no legal or contractual effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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