Table Topperz Terms of Service

These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at

www.tabletopperz.com (or any successor links) and all associated web pages, websites, and

social media pages (the “Site”) provided by Table Topperz LLC (“Table Topperz”, “we”, “our” or

“us”), including all subsidiaries and affiliates of Table Topperz, (ii) online services (together with

the Site, the “Services”), and (iii) products accessible via the Site and the App (the “Products”).

BY AGREEING TO THESE TERMS, EXCEPT TO THE EXTENT PROHIBITED BY LAW, DISPUTES

BETWEEN YOU AND TABLE TOPPERZ 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. Further, terms of sale in Section 8 will apply with respect to

any Products that you use. If you do not agree to these Terms, do not use our Products or

Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules

apply in relation to some of our Products or Services (“Supplemental Terms”). Any

Supplemental Terms become part of your agreement with us if you use the applicable Products

or 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 Services, 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 Products or Services 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 Products and Services.

1 Eligibility and Use Restrictions

(a) Age. Users under 18 years of age (or the age of legal majority where you live) may not use

our Products or Services. If you are a parent or guardian and you believe that your child

under the age of 18 is using our Products or Services without your consent, please contact

us at support@tabletopperz.com.

(b) Jurisdiction. You may only use our Products or Services in jurisdictions authorized by Table

Topperz. Use of our Products or Services is currently authorized only in the United States.

(c) Use and Sharing. You may only use our Products and Services for personal, family or

household purposes and expressly excluding any commercial use.

2 Your Information

You may provide certain information to Company in connection with your access or use of our

Products or Services, or we may otherwise collect certain information about you when you

access or use our Products or Services. You agree to receive emails, SMS or text messages, and

other types of communication from Table Topperz via the Products or Services using the email

address or other contact information you provide in connection with the Products or Services.

You represent and warrant that any information that you provide to Table Topperz in

connection with the Products or Services is accurate.

For information about how we collect, use, share and otherwise process information about you,

please see our Privacy Policy.

3 Proposition 65 Warning for California Consumers.

Our Products have chemicals known to the state of California that may increase the risk of

cancer, birth defects and/or other reproductive harm when exposed.

4 Accounts

You must create an account with Table Topperz in order to use some or all of our Products and

Services. 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 Services 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.

5 User Content

(a) Our Services may allow you and other users to create, post, store, and share content,

including text, graphics, photos, reviews, messages, videos, and other materials

(collectively, “User Content”). When you post or otherwise share User Content on or

through our Services, you understand that your User Content and any associated

information (such as your username or profile photo) may be visible to others. If you

choose to make any of your information publicly available through the Services, you do so

at your own risk.

(b) Except for the license you grant below, as between you and Table Topperz, you retain all

rights in and to your User Content, excluding any portion of the Services included in or

associated with your User Content. You grant Table Topperz and its affiliates 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 of any kind 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 rights of publicity or privacy,

intellectual property rights, or other proprietary 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 Services, or may expose Table Topperz or others to any harm or liability

of any type.

(d) Enforcement of this Section 5 is solely at Table Topperz’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 5 does not create any right or private right of action on the part of

any third party or any reasonable expectation that the Services 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 Products or Services, 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

Table Topperz’s sole discretion, to ensure compliance with applicable law and these

Terms, or to protect Table Topperz’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 Services.

6 Prohibited Conduct

(a) You will not use our Products or Services if you are not eligible to use our Products or

Services in accordance with Section 1 and will not use our Products or Services other than

for their intended purpose. Further, you will not, in connection with our Products or

Services:

▪ 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 Table Topperz;

▪ Impersonate or post on behalf of any person or entity or otherwise misrepresent your

affiliation with a person or entity;

▪ Sell or resell our Products or Services;

▪ Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our

Products or Services, except as expressly permitted by us or our licensors;

▪ Modify our Products or Services, remove any proprietary rights notices or markings, or

otherwise make any derivative works based upon our Services;

▪ Use our Products or Services in any manner that could interfere with, disrupt, negatively

affect, or inhibit other users from fully enjoying our Products or Services or that could

damage, disable, overburden, or impair the functioning of our Products or Services in

any manner;

▪ Reverse engineer any aspect of our Products or Services 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 Products or Services;

▪ Use any data mining, robots, or similar data gathering or extraction methods designed

to scrape or extract data from our Products or Services except in accordance with

instructions contained in our robot.txt file and only to compile for search results,

provided that Table Topperz 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. Table Topperz 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 Products or Services

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 Products or Services in a manner that damages or

exploits, in our sole discretion, our reputation or suggests any form or association,

approval, or endorsement by Table Topperz; or

▪ Use our Products or Services for any illegal or unauthorized purpose, or engage in,

encourage, or promote any activity that violates these Terms.

(b) Enforcement of this Section 6 is solely at Table Topperz’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.

7 Product Listings

The Services may make available listings, descriptions, and images of Products, as well as

references and links to Products and coupons or discounts for Products (“Listings”). Such

Products may be made available by Table Topperz or by third parties and may be made

available for any purpose, including general information purposes. The availability through the

Services of any listing, description, or image of a third-party Product does not imply our

endorsement or guarantee of such Product or affiliation with the provider of such Product. We

attempt to ensure that any such Listings are complete, accurate, and current, but despite our

efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no

representations as to the completeness, accuracy, reliability, validity, or timeliness of such

Listings (including any features, specifications, and prices contained therein). Such Listings and

the availability of any Product (including the validity of any coupon or discount) are subject to

change at any time without notice. Certain weights, measures, specifications, and similar

descriptions are approximate and are for convenience only. We make reasonable efforts to

accurately display the attributes of Products, including the applicable colors; however, the

actual colors you see will depend on your computer system, and we cannot guarantee that your

computer will accurately display such colors.

8 Terms of Sale

By purchasing a Product through the Services, you agree to the terms set forth in this Section 8

(the “Terms of Sale”).

(a) Eligibility. To complete your purchase, you must have a valid billing and shipping address

within a country that can be selected as part of the checkout process on the Site (the

“Territory”). We make no promise that Products available on the Site are appropriate or

available for use in locations outside the Territory.

(b) Restrictions. You may only purchase Products for personal use by either yourself or your

intended recipient of the Products. The Products are not authorized for resale. We may

place a limit on the quantities that may be purchased per order, per account, per payment

card, per person, or per household. We reserve the right, without prior notice, to refuse

service to any customer or reject any order at any time and refund any money you have

paid for such order.

(c) Price. Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes

and shipping and handling costs will be added to the amount of your purchase and itemized

on the checkout page. You will have an opportunity to review taxes and delivery costs

before you confirm your purchase. All prices on the Site are subject to change at any time

without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which

we do not have substantial nexus, in which case you will be liable to the appropriate taxing

authority for any sales taxes relating to your purchase from the Site.

(d) Payment. If you wish to make a transaction, you may be asked to supply certain relevant

information, such as your payment card number and its expiration date, your billing

address, and your shipping information, to us or our payment processors. You represent

and warrant that you have the right to use any payment card that you submit in connection

with a transaction. We may receive updated information from your issuing bank or our

payment service provider about any payment method you have stored with us. You

authorize us to charge your payment method, including any updated payment method

information we receive, for any charges you are responsible for under these Terms.

Verification of information may be required prior to the acknowledgment or completion of

any transaction. You will pay all charges incurred by you or on your behalf through the

Services, at the prices in effect when such charges are incurred, including all taxes and

shipping and handling charges applicable to your transactions. In the event legal action is

necessary to collect on balances due, you will reimburse us and our vendors or agents for

all expenses incurred to recover sums due, including attorneys’ fees and other legal

expenses.

(e) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your

order, including delivery address, payment method, and other details of your order.

Although we may confirm orders by email, the receipt of an e-mail order confirmation does

not constitute our acceptance of an order or our confirmation of an offer to sell a Product

or Service. We will display or send a notice when we ultimately accept your order, and our

acceptance will be complete at the time we display or send the formal acceptance notice.

Payment must be received by us before our acceptance of an order.

(f) Shipping; Delivery. Products will be shipped to an address designated by you, if applicable,

so long as such address is complete and complies with the shipping restrictions set forth in

these Terms or otherwise contained on the Services. You will pay all shipping and handling

charges specified during the ordering process. All transactions are made pursuant to a

shipment contract and, as a result, risk of loss and title for Products pass to you upon

delivery of the Products to the carrier. You are responsible for filing any claims with carriers

for damaged and/or lost shipments. Any shipping dates provided are approximate and not

guaranteed. We are not liable for any delays in shipments.

(g) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior

to delivery. For example, if there are errors on the Site or made in connection with your

order or inaccuracies in Product or pricing information or Product availability, we reserve

the right to correct the error and charge you the correct price or cancel your order. We may

also cancel your order if it violates any provision of Terms. We will contact you if any

portion of your order is canceled or if additional information is required to accept your

order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In

such event, we will make reasonable efforts to notify you of the delay and keep you

informed of the revised delivery schedule.

(h) Refunds and Exchanges. Your order is customed printed for you by Table Topperz. All sales

are final - we do not accept returns or exchanges.

(i) Reservation of Rights. Table Topperz reserves the right, including without prior notice, to

limit the available quantity of or discontinue making available any Product; to impose

conditions on the honoring of any coupon, discount, or similar promotion; to bar any user

from making any transaction; to alter the payment option for Products; and to refuse to

provide any user with any Product.

9 Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively,

“Promotions”) made available through the Services may be governed by rules that are separate

from these Terms. If you participate in any Promotions, please review the applicable rules as

well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the

Promotion rules will govern.

10 Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other

content contained therein, and Products, and all intellectual property rights therein and

thereto, are owned by Table Topperz 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

Services and Products, including all intellectual property rights therein and thereto, are

reserved by us or our licensors. Subject to your compliance with these Terms (including

Sections 5 and 6), you are hereby granted a limited, nonexclusive, nontransferable, non-

sublicensable, revocable license to access and use our Services for your own personal,

noncommercial use. Any use of the Products or Services 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.

11 Trademarks

Table Topperz and our logos, product or service names, slogans, and the look and feel of the

Services are trademarks of Table Topperz 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 Products

or Services 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.

12 Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments,

suggestions, ideas, original or creative materials, or other information about Table Topperz or

our Products or Services (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 Products

or Services, or to improve or develop new products, services, or the Products or Services in

Table Topperz’s sole discretion. Table Topperz will exclusively own all improvements to, or new,

Table Topperz products, services, or Products or Services based on any Feedback. You

understand that Table Topperz may treat Feedback as nonconfidential.

13 Repeat Infringer Policy; Copyright Complaints

(a) Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other

applicable law, we have adopted a policy of terminating, in appropriate circumstances, the

accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy").

(b) Reporting Claims of Copyright Infringement. If you believe that any content on our

Products or Services infringe any copyright that you own or control, you may notify Table

Topperz’s designated agent (your notification, a “DMCA Notice”) as follows:

Designated Agent: Copyright Agent

Email Address: dmca-usa@tabletopperz.com

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If

you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your

notice may not be effective. If you knowingly materially misrepresent that any activity or

material on our Products or Services is infringing, you may be liable to Table Topperz for

certain costs and damages.

14 Third-Party Content

(a) Our Products and Services rely on or interoperate 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 Services and Products. You

acknowledge that (a) the use and availability of the Products and Services 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 Products or

Services 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 Services (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 Products or Services 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 Products and Services.

15 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless

Company and our subsidiaries and affiliates, and each of our respective members, managers,

officers, directors, agents, partners, and employees (individually and collectively, the “Table

Topperz Parties”) from and against any actions, losses, liabilities, claims, demands, damages,

expenses or costs (“Actions”) arising out of or related to (a) your access to or use of the

Products or Services; (b) your User Content or Feedback; (c) your breach 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 Services. You will

promptly notify Table Topperz Parties of any third-party Actions, cooperate with Table Topperz

Parties in defending such Actions, and pay all fees, costs, and expenses associated with

defending such Actions (including attorneys' fees). The Table Topperz Parties will have control

of the defense or settlement, at Table Topperz's sole option, of any third-party Actions. This

indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written

agreement between you and Table Topperz or the other Table Topperz Parties.

16 Disclaimers

Your use of our Products and Services 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 Products, Services, 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. Table Topperz

disclaims all warranties with respect to the foregoing, including implied warranties of

merchantability, fitness for a particular purpose, title, and non-infringement. In addition,

Table Topperz does not represent or warrant that our Products or Services 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 Products or

Services or any content provided therein or therewith (including the Third-Party Content and

Third-Party Materials) will be uninterrupted. While Table Topperz attempts to make your use

of our Products and Services 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 Products or Services 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 Products and Services 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 Table

Topperz, Table Topperz Parties, and Table Topperz’s respective members, shareholders,

agents, representatives, licensors, suppliers, and service providers, as well as their respective

successors and assigns.

17 Limitation of Liability

(a) To the fullest extent permitted by applicable law, Table Topperz and the other Table

Topperz Parties will not be liable to you under any theory of liability—whether based in

contract, tort, negligence, warranty, or otherwise—for any indirect, consequential,

incidental, or special damages or lost profits, even if Table Topperz or the other Table

Topperz Parties have been advised of the possibility of such damages.

(b) The total liability of Table Topperz and the other Table Topperz Parties for any claim

arising out of or relating to these Terms or our Services, regardless of the form of the

action, is limited to the amount paid by you to use our Product or Services.

(c) The limitations set forth in this Section 17 will not limit or exclude liability for the gross

negligence, fraud, or intentional misconduct of Table Topperz or the other Table Topperz

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.

18 Release

To the fullest extent permitted by applicable law, you release Table Topperz and the other

Table Topperz 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.”

19 Governing Law

Any dispute or claim that you have against Table Topperz, that Table Topperz has against you,

or that you have or Table Topperz has arising from or relating to these Terms, our Products or

our Services, or any aspect of the relationship between you and Table Topperz as relates to

these Terms, our Products, or our Services, including any privacy or data security claims,

(collectively, “Claims”, and each a “Claim”) will be governed by and construed and enforced in

accordance with the laws of the State of Washington, except to the extent preempted by U.S.

Federal Law, without regard to conflict of law rules or principles (whether of the State of

Washington or any other jurisdiction) that would cause the application of the laws of any other

jurisdiction. The state and federal courts located in the County of Spokane, Washington will

have exclusive jurisdiction. You and Table Topperz 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.

20 Modifying and Terminating Our Products or Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of

our Products or Services at any time; charge, modify, or waive any fees required to use the

Products or Services; or offer opportunities to some or all end users of the Products or Services.

We may provide you with notice in advance of the suspension or discontinuation of all or part

of our Products or Services, such as by sending an email or providing a notice through our

Products or Services. All modifications and additions to the Products and Services will be

governed by these Terms or the Supplemental Terms, unless otherwise expressly stated by

Table Topperz in writing. You also have the right to stop using our Products and Services at any

time, and you may terminate these Terms by ceasing use of our Products and Services. We are

not responsible for any loss or harm related to your inability to access or use our Services.

21 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 these

Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted

and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the

fullest possible extent.

22 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.

23 Miscellaneous

(a) Table Topperz’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.

(b) If you have a question or complaint regarding the Products or Services, please send an email

to support@tabletopperz.com. Please note that email communications will not necessarily

be secure; accordingly, you should not include payment card information or other sensitive

information in your email correspondence with us. Further, under California Civil Code

Section 1789.3, California consumers are entitled to the following specific consumer rights

notice: The Complaint Assistance Unit of the Division of Consumer Services of the California

Department of Consumer Affairs may be contacted in writing at 1625 North Market

Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.