Please read these Terms of Use carefully. The website to which these terms are affixed and its subdomains (collectively, the “Website”), any Company mobile application that links to these Terms of Use (“Mobile App”), and the information, functions, features, services and resources available or enabled via the Website or the Mobile App (together, the “Services”), are controlled by Bindle Systems, Inc. (the “Company” or “we”) and used as a risk management tool by a sponsor entity or organization (the “Sponsor”). These Terms of Use govern your access to and use of the Services.

For purposes of these terms of use, a “Registered User” is a user that has registered an account with the Company through the Services (“Account”) or has an account with the provider of the Mobile App for the user’s mobile device. By creating an Account or using the Services, you represent that (1) you are of legal age to form a binding contract with Company, and (2) you have the authority to enter into these Terms of Use personally or on behalf of the legal entity identified during the Account registration process, and to bind that legal entity to these Terms of Use. The term “you” refers to the individual or such legal entity, as applicable. If you do not agree to be bound by these Terms of Use, you may not access or use any of the Services.

Any changes to these Terms of Use will be effective immediately for new users of the Services and will be effective fifteen (15) calendar days after posting notice of such changes on the Website or Mobile App (or, if sooner, after dispatch of an email) for existing Registered Users. Your continued use of the Services constitutes your acceptance of such change(s).

1. USE OF THE SERVICES. The Services, and the information and content available on them, are protected by applicable intellectual property laws. Unless subject to a separate written agreement between you and Company, your right to use any and all Services is subject to these Terms of Use.
   1. Mobile App License. Subject to your compliance with these Terms of Use, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile App on a single mobile device that you own or control and to run such copy of the Mobile App solely for your own individual or business purposes.
   2. Consent. A central feature of the Services is the ability to direct the Mobile App to decrypt assets that you have uploaded to the Mobile App to create an “Entry Pass” which verifies, without disclosing those assets, that you satisfy a Sponsor’s condition to entry or participation. Subject to any additional legally-required consent, by establishing a cryptographic wallet (a “Wallet”) and requesting that the Mobile App create an Entry Pass, you consent to (i) the Mobile Application decrypting certain elements of your Wallet to create the Entry Pass, and (ii) the sharing of that Entry Pass with the Sponsor(s) you identify.
   3. Restrictions. The rights granted to you in these Terms of Use are subject to the following restrictions. You shall not: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any of the Services; (b) frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (c) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (e) remove or destroy any copyright notices or other proprietary markings contained on or in the Services.

   Further, you shall not (and shall not permit any third party to) take any action that: (i) infringes, misappropriates or otherwise violates any intellectual property right, right of publicity, right of privacy or other right of any person or entity; (ii) impersonates any person or entity, including any employee or representative of Company; (iii) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by these Terms of Use; or (iv) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding” or “crashing” the Services.

   4. Monitoring and Enforcement. Company reserves the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (b) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Terms of Use. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, in Company’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process, or governmental request; (ii) enforce these Terms of Use, (iii) respond to your requests for customer service, or (iv) protect the rights, property or personal safety of Company, its Registered Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.
   5. Company Communications. Subject to any legally required consent, by entering into these Terms of Use or using the Services, you agree to receive communications from us, including via email, text message, and push notifications. You agree that texts may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning the Company and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF.
   6. Sophistication and Risk of Cryptographic Systems. By utilizing the Mobile App or establishing a Wallet you represent and warrant that you acknowledge and agree that cryptography has inherent risks. Advances in computing power may present risks to cryptographic systems and the Mobile App, which could result in the breach of your cryptographic tokens or property. To the extent possible, Company intends to update the Mobile App to account for any advances in cryptography and to incorporate additional security measures but this does not guarantee or otherwise represent and/or warrant security of the Mobile App and your Wallet. By using the Mobile App, you acknowledge these inherent risks.
2. REGISTRATION
   1. Registering Your Account. In order to access certain features of the Services you will be required to become a Registered User. By becoming a Registered User you confirm that you are at least 13 years old and promise to abide by these Terms of Use. Please contact us at info@bindlesystems.com if you are unsure about your eligibility.
   2. Registration Data. In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree not to impersonate another Registered User, including your spouse, or to allow anyone else to participate in a Service using your credentials. You agree that you will utilize the Service(s) for its intended purpose and not modify or falsify your activity and health information. You are fully and solely responsible for all activity on your Account, including any inaccuracies in the information you provide. We reserve the right to periodically review your activity information to safeguard against abnormalities and abuse. You agree to be respectful, non-discriminatory and non-abusive in all your interactions with the Services, including with fellow users and our employees. If your activity information indicates there may be an abnormality or abuse, and we review and reasonably determine such abnormal or abusive action occurred, we reserve the right to take any and all corrective action, including but not limited to (i) sharing your activity information with your Sponsor and/or (ii) making adjustments, suspending or terminating your Account. You agree that you shall not have more than one Account per platform at any given time. You agree not to create an Account or use the Services if you have been previously removed by Company, or if you have been previously banned from any of the Services.
   3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Mobile App. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
3. OWNERSHIP.
   1. Services. You agree that, as between you and Company, Company and its suppliers own all rights, title and interest in the Services (including but not limited to, any computer code, themes, objects, methods of operation, moral rights, documentation, and Company software).
   2. Trademarks. Company’s name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of Company and may not be used without permission in connection with your, or any third-party, products or services. Third party trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. If you choose to upload any trademark or service mark to the Services, you grant the Company a limited, non-transferable, fully-paid, license in and to such mark for the Term (defined below).
   3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Company’s business.
4. HEALTH INFORMATION.
   1. You represent and warrant to Company that any information or documentation that you upload to the Services, or otherwise provide to Company, regarding your health, including the results of any COVID-19 test or your COVID-19 immunization status (collectively, “Health Information”) is true, accurate and complete. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF FALSE OR MISLEADING HEALTH INFORMATION MAY PUT OTHER INDIVIDUALS AT RISK OF SERIOUS ILLNESS AND DEATH AND MAY RESULT IN BUSINESSES, GOVERNMENTAL AUTHORITIES AND OTHER ORGANIZATIONS THAT RELY ON THE ACCURACY OF THE HEALTH INFORMATION SUBMITTED BY YOU INCURRING SIGNIFICANT DAMAGES. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ANY HARM, LOSS, OR DAMAGES SUFFERED BY COMPANY OR ANY THIRD PARTY AS A RESULT OF YOUR SUBMISSION OF FALSE OR MISLEADING HEALTH INFORMATION. IN ADDITION, IF YOU SUBMIT FALSE OR MISLEADING HEALTH INFORMATION, YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES, INCLUDING FINES, IMPRISONMENT, OR BOTH.
   2. If you are a Sponsor, except pursuant to a separate agreement between Sponsor and/or Company and/or the Registered User, you represent and warrant that you will (i) not use any information available to you through the Services to imply Health Information or otherwise create personal information about a Registered User, (ii) share any information you have or acquire through the Services about a Registered User except to verify whether the Registered User has satisfied Sponsor’s entry requirements.
5. INDEMNIFICATION.

   You agree to indemnify, defend, and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company Party” and collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your violation of these Terms of Use; (b) your violation of any rights of another party, including any Registered Users; (c) your violation of any applicable laws, rules or regulations; or (d) your submission of false or misleading Health Information. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms of Use, or your access to the Services.

6. DISCLAIMER OF WARRANTIES AND CONDITIONS.
   1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
   1. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) YOU WILL OBTAIN ENTRY TO OR SATISFY A SPONSOR’S REQUIREMENTS.
   2. FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
   2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING SPONSORS, OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
   3. User Content. EXCEPT FOR COMPANY’S OBLIGATIONS TO PROTECT YOUR PERSONAL INFORMATION AS SET FORTH IN THE PRIVACY POLICY, COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY INFORMATION ASSOCIATED WITH YOUR ACCOUNT.
7. LIMITATION OF LIABILITY.
   1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY.
   2. Not Responsible for Denied Entry. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7.3, THE COMPANY IS NOT RESPONSIBLE FOR ANY DENIAL OF ADMISSION, DENIAL OF ENTRY, OR OTHER ADVERSE ACTION BY ANY SPONSOR TO YOU BASED ON YOUR USE OF THE SERVICES OR THE INFORMATION TRANSMITTED OR IMPLIED THEREBY. YOU AGREE THAT YOU MUST LOOK TO THE SPONSOR FOR ANY RECOURSE REGARDING REFUNDS OR OTHER CONSEQUENCES OF DENIED ENTRY.
   3. Cap on Liability. SUBJECT TO SECTION 7.2, TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE LESSER OF (A) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE THREE (3)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) $50.
   4. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
   5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
8. MEDICAL, HEALTH, AND SAFETY DISCLAIMER.

   THE COMPANY DOES NOT PROVIDE ANY MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. THE CONTENTS OF THE MOBILE APP, INCLUDING TEXT, GRAPHICS, IMAGES, TEST RESULT INFORMATION, AND OTHER MATERIALS THAT MAY BE CREATED BY THE SERVICES OR OTHERWISE CONTAINED IN THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION.
   
   THIS SERVICE IS NOT INTENDED TO APPRISE YOU OF THE RISK THAT YOU OR ANOTHER PERSON OR USER MAY OR MAY NOT HAVE COVID-19. EVEN IF WE OFFER FEATURES OR INFORMATION TO INDICATE THAT ANOTHER USER HAS TESTED NEGATIVE FOR COVID-19, THAT IS FOR INFORMATIONAL PURPOSES ONLY. WE CANNOT ASSURE YOU OF THE ACCURACY OF SUCH INFORMATION OR ITS IMPACT ON YOUR HEALTH. YOU SHOULD SEEK GUIDANCE FROM MEDICAL PROVIDERS OR LOCAL HEALTH OFFICIALS AS TO ANY RELATED QUESTIONS OR DECISIONS, INCLUDING WHETHER IT IS SAFE TO INTERACT WITH OTHER PEOPLE.
   
   THE COMPANY DOES NOT ADMINISTER OR VERIFY ANY COVID-19 OR OTHER MEDICAL TESTS. IF COMPANY PROVIDES YOU ANY INFORMATION IN CONNECTION WITH OR THROUGH ITS SERVICES, RELIANCE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER, OR APPROPRIATE GOVERNMENT ENTITY, WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR COVID-19.
   
   THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE SERVICES. YOU SHOULD NOT RELY ON THE COMPANY OR ITS SERVICES TO RECEIVE ANY RECOMMENDATION OR GUIDANCE REGARDING YOUR HEALTH. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

9. TERM AND TERMINATION.
   1. Term. These Terms of Use are effective on the earlier to occur of: (a) the date you first used the Services; or (b) the date you accepted these Terms of Use, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with these Terms of Use (the “Term”).
   2. Termination of Services by Company. If you have materially breached any provision of these Terms of Use, if Company decides in its sole discretion to stop providing the applicable Services, or if Company is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your Account.
   3. Termination of Services by You. You can cancel your Account and terminate these Terms of Use, for any reason at any time, by deleting your Wallet or contacting the Company using the information in Section 12.
   4. Effect of Termination. Termination of any Service includes removal of access to such Service and an inability to further use the Service. Termination of all Services also includes irrevocable deletion of your Wallet key and all related information, files and content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. All provisions of these Terms of Use which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranties, disclaimers, and limitations of liability.
10. INTERNATIONAL USERS. The Services can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that the Company intends to provide such Services in your country. The Services are controlled and offered by the Company from its facilities in the United States of America. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. When you create an Account, you consent to your personal information being transferred, stored and processed in the United States.
11. THIRD-PARTY SERVICES. You acknowledge and agree that the availability of the Mobile App and the Services is dependent on the third party from whom you received the Mobile App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that these Terms of Use are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for the Services, including the Mobile App, the content thereof, maintenance, support services, the warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce it.
12. GENERAL PROVISIONS.
    1. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS OF USE.
    2. Exclusive Venue. Both you and Company agree that all claims and disputes arising out of or relating to these Terms of Use will be litigated exclusively in the state or federal courts located in New York County, New York.
    3. Electronic Communications. The communications between you and Company may take place via electronic means, whether you visit the Services or send Company emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
    4. Assignment. These Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    5. Force Majeure. Company shall not be liable for any delay or failure to perform under these Terms of Use resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    6. Notice. If you have any questions, complaints or claims with respect to the Services, please contact us at: info@bindlesystems.com. Where Company requires that you provide an email address, you are responsible for providing Company with your most current email address. In the event that the last email address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms of Use, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address:
       
       Bindle Systems, Inc. 1055 Saw Mill River Road, Suite 207, Ardsley, NY 10502.
       
       Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    7. Waiver. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    8. Severability. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    9. Consumer Complaints. 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 them in writing at:
       
       1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
    10. Entire Agreement. Except for any separate written agreement by and between Sponsor and Company (a “Sponsor Agreement”), these Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter. In the event of any conflict or inconsistency between these Terms of Use and a Sponsor Agreement, the latter will govern and control.
13. Privacy. Our Privacy Policy found at http://bindlesystems.com/privacy-policy forms a part of these Terms of Use and is incorporated by this reference.