Terms of Service Agreement | Dollar Pedal Club

1. Acceptance of Terms

This service is owned and operated by Dollar Pedal Club LLC ("Dollar Pedal Club"). Dollar Pedal Club permits access to and use of the Dollar Pedal Club service, including the website at https://www.dollarpedalclub.com/, any related Mobile Apps (as defined below), and any Rentals or other products or services made available thereon (collectively, the "Service"), subject to the Terms of Service Agreement in this Terms of Service Agreement ("TOSA"). Dollar Pedal Club may, at its discretion, update the TOSA at any time. You can access and review the most current version of the TOSA at the URL for this page or by clicking on the "Terms of Service" link within the Service or as otherwise made available by Dollar Pedal Club.

PLEASE REVIEW THE TOSA CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOSA, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DISAGREE WITH THE TERMS OF SERVICE AGREEMENT OF THE TOSA, YOU MAY NOT ACCESS OR USE THE SERVICE.

THE TOSA REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOSA OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY, OR INTERPRETATION OF THE TOSA (EACH, A "CLAIM"), AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 18 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS CONCERNING THE RESOLUTION OF ANY CLAIM.

You represent and warrant that you are: (a) over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (b) of legal age to form a binding contract, and (c) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.

2. Privacy Policy

In addition to the TOSA, the Dollar Pedal Club Privacy Policy applies to your access to and use of the Service.

3. Grant of Rights

a) Dollar Pedal Club grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service.

b) To the extent that the Service provides access to any online software, applications, or other similar components, Dollar Pedal Club grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in the form within the online platform provided by Dollar Pedal Club.

c) Dollar Pedal Club may make available mobile apps for access to and use of certain components of the Service (collectively, "Mobile Apps"). Your access to and use of Mobile Apps is subject to each app's applicable end-user license agreement.

d) All rights granted to you under this TOSA, and all Rentals and other products and services made available to you through the Service, are subject to your compliance with the TOSA in all material respects and may only be exercised and used by you for your personal, non-commercial purposes. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Dollar Pedal Club.

4. Registration

a) You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Dollar Pedal Club reasonably suspects that you have done so, Dollar Pedal Club may suspend or terminate your account.

b) You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Dollar Pedal Club immediately of any unauthorized use of your account or password or any other similar breach of security.

c) If your account remains inactive for three months or longer, Dollar Pedal Club reserves the right to suspend or terminate your account, with or without notice to you, and delete your Content (as defined in Section 6(a)), all without liability to you.

5. Rentals

a) General.

(i) Dollar Pedal Club provides effects pedals and other audio equipment ("Equipment") to end-user customers who purchase monthly rentals to receive the Equipment ("Rentals").

(ii) You may not purchase Rentals for further distribution or resale or other commercial or business purposes. Rentals and all rights and privileges conferred under the TOSA are personal and non-transferable.

b) Fees.

(i) Pricing and other applicable terms for Rentals will be as posted within the Service on the date you sign up for the relevant Rental ("Rental Terms"). Dollar Pedal Club reserves the right to change Rental Terms and does not provide price protection or refunds in the event of promotions or price decreases. However, Dollar Pedal Club will not change Rental Terms during the Rental that materially increases your obligations or diminishes your rights without your consent.

(ii) All amounts payable by you under the TOSA are exclusive of any sales, use, value-added, excise, or other similar taxes (collectively, “Taxes”). You are solely responsible for paying all applicable Taxes. If Dollar Pedal Club has the legal obligation to collect any Taxes, you shall reimburse Dollar Pedal Club upon invoice.

(iii) Dollar Pedal Club may use third-party payment processing services such as PayPal to process payments and bill fees to your account. Your use of PayPal is subject to the Legal Agreements for PayPal Services, including the PayPal User Agreement and Privacy Policy, accessible at https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. Your use of any other third-party payment processing service is subject to the applicable Terms of Service Agreement of use established by such service.

(iv) You will pay all fees charged to your account based on Dollar Pedal Club’s fees, charges, and billing terms in accordance with the Rental Terms. You are also responsible for paying any taxes and shipping and handling fees that may apply to your purchase of Equipment or Rentals. You authorize Dollar Pedal Club or its third-party payment processing services provider to charge your payment method for any such taxes and fees. Unless otherwise specified by Dollar Pedal Club, all sales and payments will be in US dollars.

(v) Dollar Pedal Club and its third-party payment services providers may receive updated payment method information from your credit card or other payment method issuer at the election of your credit card and payment method. Neither Dollar Pedal Club nor its third-party payment services providers are responsible for such release of your credit card or payment method information. Your credit card or payment method issuer may give you the right to opt-out of the update service. It is your responsibility to contact your credit card or payment method issuer concerning your right to opt-out of the update service.

c) Initial Sign-Up and Commitment. Unless otherwise specified in the Rental Terms, the following Terms of Service Agreement apply upon your initial sign-up for a Rental: (i) you commit to a Rental term that is non-cancellable within the first 30-day billing cycle; and (ii) Dollar Pedal Club will immediately charge you the payment for the first 30-day billing cycle of the Rental and continue to charge you the applicable Rental fee every 30 days after that until you cancel the Rental by returning the Equipment to PO Box 547, Jackson, MO 63755. Returned Equipment is entered the day it is received, Monday through Saturday, excluding United States Postal Service’s observed holidays. The Rental will automatically be discontinued the day the Equipment is entered, and you will no longer be charged the Rental Fee. Your responsibility is to be aware of your Rental’s billing cycle date and estimated delivery times, as Dollar Pedal Club does not prorate charges or fees.

d) Condition of Returned Equipment. Equipment must be returned in the same condition received, subject to reasonable wear and tear from regular use. You are solely responsible for any loss or damage to any Equipment within your custody.

e) Failure to Pay. If you do not pay on time or if your payment method cannot be charged for any reason, you will have a 30-day grace period to pay all outstanding amounts. Suppose you do not pay all outstanding amounts within such a grace period. In that case, Dollar Pedal Club may initiate collections efforts against you at your expense and charge you the full retail price for all Equipment covered by a Rental, plus any collection expenses incurred by Dollar Pedal Club, minus aggregate fees paid by you under such Rental.

f) Cancellation. Each Rental will automatically renew for successive 30-day terms. Until the Equipment is returned, you will continue to incur Rental Fees, and Dollar Pedal Club will continue to charge your payment method for all applicable Rental Fees.

h) Ownership of Equipment. Any Equipment that Dollar Pedal Club provides to you pursuant to a Rental is provided to you for temporary use during the term of the Rental. Dollar Pedal Club retains all rights, title, and interest in such Equipment, and you may not: (i) rent, lease, or sell the Equipment or otherwise provide access to the Equipment as part of a service bureau or similar fee-for-service purpose; or (ii) subject the Equipment to any lien, pledge, charge, claim, mortgage, or security interest.

6. Trade Program

a) Dollar Pedal Club provides effects pedals and other audio equipment ("Equipment") to end-user customers who trade their equipment to receive the Equipment ("Trade").

b) Pricing and other applicable terms for a Trade will be included in the offer email and invoice ("Trade Offers"). Trade Offers are non-negotiable; however, the offer may be declined.

c) Trade Offer Commitment. Unless otherwise specified in the Trade Offer, the following Terms of Service Agreement apply upon your initial acceptance of the Trade: (i) you commit to a Trade that is non-cancellable; (ii) you commit to settle the included invoice; (iii) you commit to ship the equipment you are trading to the address listed on the invoice; and (iv) you understand and agree that the Equipment you are purchasing will not ship to you until the invoice is settled and Dollar Pedal Club receives the equipment you are trading in its described condition.

d) Ownership of Equipment. Purchased Equipment from a Trade will remain the ownership of Dollar Pedal Club until the amount agreed upon in the Trade Offer is paid in full and the equipment you are trading is received in its described condition.

e) Equipment Condition. The equipment's condition that you are trading must be accurately described when submitting a trade inquiry. Dollar Pedal Club does not accept non-working equipment as trade. Dollar Pedal Club reserves the right to cancel the Trade and void the Trade Offer if the equipment you are trading is misrepresented in any way.

f) Trades are Final. All trades are final and the equipment you are trading may not be held or returned to you after the Trade is complete.

g) Dollar Pedal Club reserves the right to decline making a Trade Offer on trade inquiries at their discretion.

7. Responsibility for Content

(a) You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Dollar Pedal Club, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”) and other users of the Service, and not Dollar Pedal Club, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).

(b) You acknowledge and agree that Dollar Pedal Club has no obligation to pre-screen Content (including Your Content and User Content). However, Dollar Pedal Club reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the previous sentence, Dollar Pedal Club shall have the right to remove any Content that violates the TOSA or that it deems objectionable.

(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights outlined in the TOSA concerning Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party.

8. Rights to Content

(a) Dollar Pedal Club does not claim ownership of Your Content. However, you hereby grant Dollar Pedal Club and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) as necessary to provide the Service or as otherwise permitted by law. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

(b) Except concerning Your Content, you acknowledge and agree that, as between you and Dollar Pedal Club, Dollar Pedal Club owns all rights, title, and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by the US and international copyright and other intellectual property laws and treaties. Dollar Pedal Club reserves all rights not expressly granted to you.

(c) Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOSA; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Dollar Pedal Club; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.

9. User Conduct

In connection with your access to or use of the Service, you shall not:

(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate;

(b) impersonate any person or entity, including Dollar Pedal Club personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(c) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;

(d) act in a manner that negatively affects the ability of other users to access or use the Service;

(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;

(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(g) use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Service; substantially download, reproduce or archive any portion of the Service;

(h) sell, share, transfer, trade, loan, or exploit for any commercial purpose any portion of the Service, including your user account and password; or

(i) violate any applicable local, state, provincial, federal, or international law or regulation.

10. Suggestions

Suppose you elect to provide or make available to Dollar Pedal Club any suggestions, comments, ideas, improvements, or other feedback relating to the Service (“Suggestions”). In that case, you hereby grant Dollar Pedal Club and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made your Suggestions (in any form and any medium, whether now known or later developed), without credit or compensation to you.

11. Advertisers and Other Third Parties

Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Service, including payment for and delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that Dollar Pedal Club shall not be liable for any damage or loss of any kind incurred due to any such dealings.

12. Links and External Materials

The Service or users of the Service may provide links or other connections to other websites or resources. You agree that Dollar Pedal Club does not endorse and is not responsible for any content, advertising, products, services, or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that Dollar Pedal Club shall not be liable for any damage or loss resulting from or arising out of the use of or reliance on any External Materials.

13. Modifications to The Service

Subject to Section 5(b)(i), Dollar Pedal Club reserves the right at any time to modify or discontinue the Service (or any portion thereof) with or without notice, and Dollar Pedal Club shall not be liable to you or any third party for any such modification or discontinuance.

14. Indemnification

You shall indemnify, defend and hold Dollar Pedal Club and its affiliates, and each of their officers, directors, employees, agents, partners, and licensors (collectively, “Dollar Pedal Club Parties”) harmless from and against any claim, demand, loss, damage, cost, liability, and expense, including reasonable attorneys’ fees, resulting from or arising out of: (a) Your Content; (b) your violation of the TOSA, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Service.

15. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLLAR PEDAL CLUB PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) DOLLAR PEDAL CLUB PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION.

16. LIMITATION OF LIABILITY

(a) DOLLAR PEDAL CLUB PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF DOLLAR PEDAL CLUB PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL DOLLAR PEDAL CLUB PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOSA OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO DOLLAR PEDAL CLUB FOR ACCESS TO THE SERVICE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.

(b) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. Suspension and Termination

(a) If you violate the TOSA, Dollar Pedal Club may, with or without notice to you, immediately suspend your access to the Service, and such suspension shall remain in effect until you have remedied all violations. You will not be entitled to any refund with respect to any period of suspension.

(b) With respect to your access to portions of the Service that do not require a Rental, if you violate the TOSA, all rights granted to you under the TOSA will terminate immediately, with or without notice to you.

(c) A Rental may be terminated by either party upon a material breach of the TOSA by the other party if such breach is not cured within ten (10) days after written notice to the other party of such breach.

(d) Upon termination of the TOSA or any Rental for any reason: (i) Dollar Pedal Club, in its sole discretion, may remove and discard Your Content; and (ii) any provision that, by its terms, is intended to survive the expiration or termination of this TOSA or any Rental shall survive such expiration or termination.

18. Governing Law

The TOSA shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Missouri, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOSA.

19. Binding Arbitration and Class Action Waiver

(a) ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THE TOSA AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Jackson, Missouri or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(c) WE EACH AGREE THAT ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN JACKSON, MISSOURI. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(d) Notwithstanding anything to the contrary, you and Dollar Pedal Club may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 18.

(e) If Dollar Pedal Club implements any material change to this Section 18, such change shall not apply to any claim for which you provided written notice to Dollar Pedal Club before the implementation of the change.

20.Legal Compliance

You represent and warrant that you are not: (a) located in a country that is subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country; and (b) listed on any US Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

21. US. Government Entities

This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 CFR 12.212 and qualifies as “commercial items” as defined in 48 CFR 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 CFR 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 CFR 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the TOSA with respect to the such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.

22. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in the TOSA, there shall be no third-party beneficiaries to the TOSA.

23. California Users & Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. General Provisions

The TOSA constitutes the entire agreement between you and Dollar Pedal Club concerning your access to and use of the Service. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Dollar Pedal Club with respect to such subject matter. In the event of any conflict between or among the TOSA and any end-user license agreement, privacy policy or usage guidelines to which the TOSA refers, the Terms of Service Agreement of the TOSA shall take precedence and govern. The TOSA may not be amended by you except in a writing executed by you and an authorized representative of Dollar Pedal Club. For the purposes of the TOSA, the words “such as,” “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under the TOSA without the prior written consent of Dollar Pedal Club. The failure of Dollar Pedal Club to exercise or enforce any right or provision of the TOSA shall not constitute a waiver of such right or provision. If any provision of this TOSA is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOSA. Any prevention of or delay in performance by Dollar Pedal Club hereunder due to labor disputes, acts of God, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

Dollar Pedal Club welcomes your questions or comments regarding the Terms of Service Agreement:

Dollar Pedal Club LLC

PO Box 547

Jackson, Missouri 63755

Email Address:

customerservice@dollarpedalclub.com

Telephone number:

1-877-677-0657

Effective as of March 24, 2022