TERMS OF USE

Last updated March 10, 2026

Acceptance of Terms of Service and Privacy Policy

In consideration for accessing and using www.eckardenterprises.com and the Eckard Insight app (the “App”) (collectively, the “Site”) and the Site’s services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Terms of Service (these “TOS”) and the Privacy Policy located here (the “Privacy Policy”). The terms of these TOS and the Privacy Policy apply to, and govern, your use of all webpages and content contained within the Site, your use of all pages and content in the App, and your relationship with Eckard Enterprises, LLC and its affiliates (collectively, “Eckard,” “us,” “we,” or “our”).

Modifications to Terms of Service and Privacy Policy

You understand that the terms of these TOS and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOS and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the TOS or Privacy Policy, you must notify Eckard in writing within the ten-day (10) time period described above and immediately discontinue use of any Site services.

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

Payment of Fees

Eckard may charge you for services in conjunction with using the Site, App and investor events, including but not limited to debit and credit card charges. We may assess and collect from you fees, surcharges, or other supplemental payment required of or imposed on Eckard by any governmental, regulatory, or financial institution or entity. You may make payments for purchases made through the Site to Eckard by various methods, which may include bank wire, ACH (electronic bank) transfer, electronic fund transfer, valid credit card, PayPal or check. Eckard reserves the right to expand or limit its payment options. Eckard may use third party processors, such as Woo Commerce or Stripe, to process payments for such investor events.

In conjunction with each payment you make to through the use of the Site, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information). Further, you understand and agree that any declined payment may be lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees owed as a result of your use of the Site and that Eckard is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.

Billing

Your debit or credit card on file will be charged monthly or annually based on the terms of your subscription. If you would like to see your payment history, please log into your account. You may access it from within your member profile by going to “Account,” then “Billing,” and finally “Billing History.”

Refund Policy

All fees paid to Eckard or otherwise associated with your use of the Site are non-refundable.

One Account Policy

To further the integrity of the services provided through the Site or otherwise, all users are limited to one account per person. Similarly, all companies are limited to one account per company. Users who violate this policy may have all of their accounts suspended or terminated.

Secured Areas

Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

Your Account Security

You are responsible for maintaining the security of your Eckard Site account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Eckard Site account. You also agree that Eckard is not responsible for any unauthorized use of your Eckard Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into you Site account, Eckard will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Eckard.

You further agree to promptly notify Eckard of any security breach relating to your Site account. Such notices should be sent to: Info@eckardenterprises.com.

Eckard encourages all Site users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.

Accuracy of Information Provided by You

You agree that all information you provide through the Site or otherwise to Eckard is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to info@eckardenterprises.com.

Failure to provide such updated information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your account.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Site or otherwise to Eckard. You further warrant that to the extent you provided personal data about a third party through the Site or otherwise to Eckard, you provided that third party with notice about the Site’s TOS and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.

Code of Conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOS and the Privacy Policy. You agree to not use the Site services or anything related to the Site services or any other services offered by Eckard for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the Site and any Site services include:

Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
Use any metatags or any other “hidden text” utilizing any part of the Site or Eckard’s name, service or trademarks or trade dress without the express written consent of Eckard;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
Any attempt to reverse engineer or reconstruct any portion of the Site;
Failure to abide by, or breach of, Shopify’s terms of service or any other policies applicable to the Site;
Share your login information or allow third parties to utilize your login information to access any part of the Site; or
Engage in any acts or omissions that Eckard believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.

You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to Eckard you will adhere to all applicable State and Federal laws and regulations.

Knowledge of TOS and Privacy Policy

If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these TOS and the Privacy Policy.

Breach of the Terms of Service and/or Privacy Policy

We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOS or any other obligation to Eckard. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOS and the Privacy Policy: (i) your failure to abide by any provision of these TOS and the Privacy Policy; (ii) your failure to pay any amounts due to Eckard; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by Eckard.

If any of the foregoing events occurs and we deem it a material breach by you of these TOS and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Eckard is not obligated to send any such notice of default and may immediately suspend or terminate your Site account or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.

Use of Name

If you are a customer using the Site or any Site services, you consent to Eckard using your name and business name in advertising and promotional materials related to Site services.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of these TOS and the Privacy Policy. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Eckard.

Maintenance/Site Down Time

Eckard reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Eckard will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.

Eckard is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Eckard’s control.

Intellectual Property Rights

You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.

All content including but not limited to text, graphics, downloads and software included on this site is the property of Eckard or its licensors and is protected by United States and international copyright laws.

You also grant Eckard a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services.

Disclaimer of Warranties

ECKARD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF ECKARD, ECKARD DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ECKARD DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF ECKARD, ECKARD PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH ECKARD.

ECKARD DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. ECKARD IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

Assumption of Risk

The Site is intended for information purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.

Third Party Intellectual Property Rights

Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Eckard shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.

Customer Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Eckard provides email support for Site customers. Support can be reached by sending an email to info@eckardenterprises.com. Eckard attempts to respond to customer inquiries within two (2) business days.

Description of SMS Use Cases

By providing your mobile phone number to Eckard, you expressly consent to receiving SMS/text messages as part of your use of our services. Our SMS communications fall into two categories:

Transactional Messages are essential to the delivery of our services and cannot be opted out of. These include emergency notifications requiring immediate attention, account security alerts, billing reminders and payment confirmations, and authentication codes for signing in to the Eckard Insight app.

Promotional Messages are optional and sent only to users who have consented to receive them. These may include marketing and promotional offers, product updates and new feature announcements, educational tips, and event-related updates when applicable. You may opt out of promotional messages at any time by replying STOP to any marketing SMS.

Message and data rates may apply depending on your mobile carrier plan, and message frequency will vary based on your account settings, alert configurations, and opt-in preferences. Please note that carriers are not liable for delayed or undelivered messages. For assistance, reply HELP to any message or contact us at info@eckardenterprises.com or (800) 527-8895.

Opting Out of SMS Communications

You have the right to opt out of promotional SMS communications from Eckard at any time. To do so, simply reply STOP to any promotional text message you receive from us. Once your opt-out request is processed, you will no longer receive marketing or promotional messages.

Please note that transactional messages — including account security alerts, authentication codes, billing confirmations, and emergency notifications — are necessary for the delivery of our services and cannot be opted out of.

If you need assistance with your messaging preferences or have questions about your opt-out status, reply HELP to any message or contact us directly at info@eckardenterprises.com or (800) 527-8895.

Message & Data Rate Disclosure

Standard message and data rates may apply to all SMS communications sent to or received from Eckard, depending on your mobile carrier plan and the terms of your service agreement. Eckard has no control over the rates charged by your carrier and is not responsible for any fees incurred as a result of SMS communications. Message frequency will vary based on your account settings, alert configurations, and your opt-in preferences for promotional messaging. We recommend contacting your mobile carrier if you have questions about applicable rates or your messaging plan.

Carrier Liability Disclaimer

Eckard’s SMS communications are delivered through third-party mobile carriers over whom we have no direct control. As such, Eckard is not responsible for delayed, undelivered, or misdirected messages resulting from carrier network issues, technical failures, or circumstances beyond our control. Mobile carriers are not liable for delayed or undelivered messages. If you are not receiving expected messages, please reply HELP or contact us at info@eckardenterprises.com or (800) 527-8895 for assistance.

Indemnification

As a user of the Site, you agree to release, indemnify, defend and hold harmless Eckard and all of its respective employees, officers, members, agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOS or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by Eckard to you, your use of any services of the Site or provided by Eckard or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if Eckard receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Eckard for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Eckard may have in law or equity.

You agree that Eckard shall have the right to participate in the defense of any claim asserted against Eckard or involving the Site. You also agree that Eckard shall be entitled to retain a counsel of Eckard’s own choosing at your cost. You further agree to notify Eckard of your knowledge of any claim against Eckard or involving the Site. You agree to cooperate fully with Eckard during such proceedings.

Automatic Payments in the Event of Default

If you provided payment information to Eckard and sums are due and owing from you to Eckard and you are in default of your obligations under these TOS, you authorize Eckard to deduct any sums due and owing from your payment source(s) so long as Eckard provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOS.

Right to Refuse Service

Eckard, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.

Consent and Survival of Agreement

By using the Site and Site services provided through the Site by Eckard under these TOS and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these TOS and the Privacy Policy. You also agree to be bound by all amended terms and conditions of these TOS and the Privacy Policy. These terms of these TOS and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these TOS or the Privacy Policy, you may inform Eckard in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. Eckard may, but is not obligated, to conduct an investigation into the allegations. Eckard reserves the right to remove accounts, content, or postings that from the Site Eckard, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Eckard be liable to you for your failure to retain necessary records, nor will Eckard’s retention or non-retention of records act to alleviate your duty under the law.

Termination of Services

You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOS or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, Eckard may delete all information related to you on or within the Site and may bar your access to and use of Site services.

Notices and Communication

You authorize Eckard and its sponsors and affiliates to communicate with you to the full extent allowed by the Eckard Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the Site or Eckard. If you do not wish to receive bulk e-mail notices or announcements from Eckard, please send us an e-mail at the e-mail address listed below. To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.

Notices that you send to us must be delivered via first class mail to the following address:

Eckard Enterprises, LLC
906 W. McDermott Dr.
Ste. 116-363
Allen, TX 75013

You may also send us notices via e-mail to: info@eckardenterprises.com so long as you place “LEGAL NOTICE” in the subject line of the email.

You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.

Choice of Law, Arbitration

Each of you and Eckard agrees for itself and on behalf of its respective members, officers, directors, employees, agents, representatives and affiliates (collectively, the “Arbitration Parties”) (and you and Eckard, as applicable, shall cause its respective Arbitration Parties to be bound by and agree) that any and all controversies, claims, disputes, actions or proceedings arising directly or indirectly out of, in connection with or relating to this these TOS, the Site (including its contents) and the Privacy Policy shall be resolved through an arbitration proceeding. Any arbitration proceeding will be conducted in Collin County, Texas, or in such other city as the Arbitration Parties may mutually agree in writing, in accordance with the rules for arbitration of the American Bar Association. Such Arbitration Parties shall use their reasonable best efforts to have the arbitral proceeding concluded and a judgment rendered by the arbitrator within a reasonable length of time from its inception. Such Arbitration Parties hereto irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas, and appropriate appellate courts therefrom, with respect to confirming, vacating, modifying, or otherwise challenging any arbitration award issued, directly or indirectly, as a result of this arbitration provision. Any arbitration shall be undertaken pursuant to the Federal Arbitration Act, where possible, and the decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. A single arbitrator shall be employed. The arbitrator will not award punitive, consequential, or indirect damages. Each Arbitration Party hereby waives the right to such damages and agrees to receive only those actual damages directly or indirectly resulting from the claim asserted. The prevailing party in any such proceeding shall be entitled to recover costs, including reasonable attorneys’ fees. In resolving all disputes between the Arbitration Parties, the arbitrator will apply the laws of the State of Texas without regard to conflicts of law principles. The Arbitration Parties will be entitled to conduct document and other discovery to the extent permitted by the arbitrator. The arbitrator will resolve any discovery disputes by such prehearing conferences as may be needed. The proceedings shall be private and confidential, except as may be required by law. All arbitration provisions shall be closed to the public and confidential, and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Neither Arbitration Party may apply to and obtain relief from any court of competent jurisdiction for any relief, except in the limited circumstances detailed below. Notwithstanding anything herein to the contrary, nothing herein shall preclude Eckard(or its members, officers, directors, employees, agents, representatives or affiliates, as applicable) from seeking interim or provisional relief, in the form of a temporary restraining order, preliminary injunction or other interim equitable relief concerning any dispute between the Arbitration Parties concerning the confidential information and or intellectual property, either prior to or during an arbitration, if necessary to protect Eckard (or its members, officers, directors, employees, agents, representatives or affiliates, as applicable). Bringing or defending an action for such interim or provisional relief shall not constitute any waiver of the right to, or avoid the obligation to, arbitrate contained herein.

Exclusive Remedy and Damages Cap

You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Eckard related to the Site, these TOS, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Eckard within the six (6) months prior to when your first claim first arose, or $100, whichever is less. IN NO EVENT SHALL ECKARD BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH Eckard MAY BE RESPONSIBLE.

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Eckard must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.

Waiver of Class Action

EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOS.

Prior Action Before Formal Claim

You agree that as a material provision of these TOS, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOS and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.

No Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under these TOS without the prior written consent from Eckard. Any attempt by your creditors or another third party to obtain an interest in your rights under these TOS or the Privacy Policy is voidable at Eckard’s option.

Successors and Assigns

Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Eckard in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Eckard’s election to not assert its rights under these TOS shall not preclude Eckard from asserting its rights in the future.

Severability of Terms

If any provision of these TOS or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If Eckard prevails in any action, suit, or proceeding arising from or based upon these TOS, Eckard shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in these TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

California Residents Only

In accordance with Cal. Civ. 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 them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The additional Privacy Policy Supplement for California Residents can be accessed by clicking here.