LEGAL TERMS AND CONDITIONS

Seller: Savior Brain Inc. d/b/a SoftShox (“SoftShox,” “we,” “us,” or “our”)

Effective date: August 10, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT PRODUCT WARNINGS, WARRANTY LIMITATIONS, LIMITATIONS OF LIABILITY, AND DISPUTE TERMS.

These Legal Terms and Conditions (the “Terms”) govern your access to softshox.com, softshox.shop, and any related online store or service we operate (collectively, the “Site”), and your purchase of and goods and services (the “Product”). By using the Site, submitting an order, or purchasing the Product, you agree to these Terms and the policies incorporated by reference. If you do not agree, do not use the Site or purchase the Product. 

1.    Website and Terms of Sale

        i.            Eligibility and Acceptance

You must be at least the age of majority in your jurisdiction to place an order. If the Product will be used by a minor, the purchaser represents that the purchaser is the minor’s parent or legal guardian, or has authority to purchase the Product for the minor, and will ensure compliance with all instructions and warnings.

      ii.            Product Information and Availability

We try to describe and display the Product accurately, but colors and appearance may vary by device. Product descriptions, specifications, pricing, availability, and packaging may change without notice. We may limit quantities, discontinue offerings, or decline sales where permitted by law. Product instructions, fit guidance, labels, and warnings supplied with the Product are incorporated into these Terms.

    iii.            Orders; Acceptance; Cancellation

Your order is an offer to purchase. An automated order acknowledgement does not constitute acceptance. We may accept, reject, limit, or cancel an order, including for suspected fraud, pricing or inventory errors, payment issues, or resale activity. An order is accepted when we send a shipment confirmation or otherwise expressly confirm acceptance. If we cancel after payment, we will refund the amount charged for the cancelled item. Contact legal@softshox.com promptly to request cancellation; we cannot guarantee cancellation after fulfillment begins.

    iv.            Prices, Taxes, and Payment

Prices are those displayed when the order is submitted, subject to correction of obvious errors. Unless stated otherwise, prices exclude shipping, handling, sales tax, customs duties, and import charges. You authorize us and our payment processors, including Shopify Payments, to charge the payment method provided for the total shown at checkout. You represent that order and payment information is accurate and that you are authorized to use the payment method.  Your use of the Shopify Payments is subject to Shopify’s Terms of Service, which you should review.  You agree to waive all claims against SoftShox and its third-party affiliates related to any unauthorized payments made on or using your account outside of SoftShox’s control, regardless of whether such payments are authorized or unauthorized.  To the fullest extent permitted by appliable law, we may refuse or cancel an order for any reason including limitation on the quantities available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners.  By agreeing to these Terms or making a purchase on the Site, you agree to be bound by the above references agreements with Shopify Payments and agree that such agreements may be modified from time to time.

      v.            Shipping; Delivery; Risk of Loss

Shipping and delivery dates and prices are estimates, not guarantees. We are not responsible for carrier, customs, weather, labor, or other delays outside our reasonable control. Title and risk of loss pass to you when we deliver the Product to the carrier, except where applicable law provides otherwise. You are responsible for providing a complete and accurate delivery address and for lawful importation into the destination jurisdiction.  SoftShox is not liable for any delays in shipments.

    vi.            Personal Use; No Unauthorized Resale

Unless we agree otherwise in writing, purchases are for personal or household use and not for commercial resale, export, testing for a competitor, or reverse engineering. No purchase transfers any patent, trademark, copyright, trade secret, know-how, or other intellectual-property right.

  vii.            Privacy

Our Privacy Policy governs our collection and use of personal information and is incorporated into these Terms. Shopify provides commerce infrastructure and may process information under its own privacy terms.

viii.            Intellectual Property and Feedback

The Site and its content, including, but not limited to text, graphics, photographs, videos, designs, trademarks, logos, and software, are owned by or licensed to SoftShox and protected by law. We grant you a limited, revocable, non-transferable right to access the Site for personal, noncommercial use. If you submit ideas, suggestions, reviews, photos, videos, materials or other feedback (collectively, “Comments”) you grant SoftShox a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it for any lawful purpose. Do not submit confidential information or ideas you expect us to keep confidential.  You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of our Site.  You may not pretend to be someone other than yourself and are solely responsible for your Comments. We take no responsibility and assume no liability for Comments posted by you or any third party.  To the extent we offer a customized Product, you represent that own right and title to any provided content and grant Savior Brain Inc a royalty-free and sublicensable license to display, host, copy, store, and use your provided content solely to the extent necessary to fulfill your order and provide our products to you.

    ix.            Prohibited Conduct

You may not use the Site unlawfully; infringe another person’s rights; transmit malicious code; interfere with security or operation; scrape, crawl, or access the Site by automated means without written permission; impersonate another person; submit false information; or copy, resell, or exploit the Site or its content except as expressly permitted.

      x.            Errors and Changes

We may correct errors or omissions and update Site information at any time, including after an order is submitted. If a correction materially changes an accepted order, we will provide any notice or remedy required by law. We may update these Terms prospectively by posting revised Terms and an updated effective date. Changes do not retroactively alter warranty coverage for Products purchased before the change.

    xi.            Account Creation

If you create an account via the Site, you are solely responsible and liable for the security and confidentiality of your access credentials and for all activity under your account.  Usernames and passwords must be personal and unique that do not violate the rights of any person or entity and are not offensive.  We may reject the use of any password, username, or email address for any reason in our sole discretion.  You are solely responsible for your registration information and for updating and maintaining it.  If you are creating an account on behalf of an entity, organization, or a company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organizations.  For any dispute as to account creation authenticity, we have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.  You will immediately notify us at legal@softshox.com of any unauthorized use of your account, password or username or any other breach of security.

  xii.            Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  By using these optional tools, you understand we may retain the information that you submit through these features, and that our vendors may process the information obtained through future to provide the service on our behalf.

        i.            Third Party Links

Certain content, products, and services available via our Site may include links to materials from third parties.  Third-party links on the Site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

2.    Product Safety Terms

        i.            Important Safety Warning

No helmet, chinstrap, or other protective equipment can prevent or eliminate the risk of all concussions or other serious head, brain, neck, or bodily injuries. Laboratory impact testing measures performance only under the specific test conditions and does not establish that this product will prevent a concussion or reduce the risk or severity of any injury. Researchers have not reached an agreement on how the results of impact attenuation tests relate to concussions and other injuries.  Results may vary depending on the impact, athlete, helmet, fit, installation, condition, and use.  All helmet, chinstraps, and other protective equipment must be used along with properly installed, fit, inspected, maintained and compatible helmets.

      ii.            Proper Fit, Inspection, and Use

·      Read and follow all Product and helmet-manufacturer instructions and warnings before use.

·      Use the Product only with a compatible, properly fitted, properly maintained helmet and other required protective equipment.

·      Before every use, inspect the Product, straps, buckles, fasteners, cup, padding, and attachment points. Do not use a Product that is damaged, torn, broken, altered, excessively worn, or does not remain securely fitted.

·      Properly install and adjust the Product. Stop use if fit, retention, compatibility, or condition is uncertain.

·      Sports and other impact activities involve inherent risks, including concussion, paralysis, serious injury, and death, even when protective equipment is used correctly.

Statements about laboratory testing or impact attenuation describe particular test conditions and do not guarantee prevention or reduction of concussion or any other injury in actual use.

    iii.            No Medical Advice

Site and Product information is not medical advice and is not a substitute for evaluation by a qualified healthcare professional. Seek prompt medical attention after a suspected head or neck injury and follow applicable return-to-play requirements.

3.    Return and Refund Policy

        i.            Thirty-Day Return Window

You may request a return within thirty (30) days after receiving the Product. To qualify, the Product must be unworn, unused, unaltered, with tags attached, and in its original packaging. Proof of purchase is required. Because the Product is protective sports equipment that contacts the face and chin, a worn or used Product is not returnable unless it qualifies for a remedy under the Limited Warranty or applicable law. 

      ii.            Starting a Return

Before sending anything back, email legal@softshox.com with your order number and reason for return. Approved returns must be sent to 4532 Cherry Hill Road Suite 561 Arlington Virginia 22207 using the instructions we provide. Items returned without advance authorization may be refused. Return authorization does not itself guarantee a refund; eligibility is determined after inspection.

    iii.            Return Shipping and Nonrefundable Charges

Unless the Product was defective when delivered or we shipped the wrong item, the customer is responsible for return shipping. Original shipping, handling, customs, and import charges are not refundable. If we provide a prepaid return label for a discretionary return, we may deduct its cost from the refund. We pay reasonable return shipping for an approved claim involving a Product that was defective when delivered or an incorrect item, subject to applicable law. A $10 restocking fee will be applied to all returns.

    iv.            17. Damaged, Defective, or Incorrect Orders

Inspect the order promptly after delivery. Contact legal@softshox.com as soon as possible if the Product arrived damaged, appears defective, or is not what you ordered. Include the order number, a description, and photographs if reasonably requested. We will evaluate the issue and provide the remedy required by this Policy, the Limited Warranty, or applicable law.

      v.            Exchanges; Sale Items

We do not process direct exchanges unless we expressly agree otherwise. To obtain a different size or configuration, return the eligible Product and place a new order. Final-sale items are not returnable, except where required by law. Personalized, customized, or specially ordered products are not returnable unless defective or otherwise required by law.

    vi.            Refund Timing and Method

We will notify you after receiving and inspecting the return. If approved, the eligible refund will be issued to the original payment method within ten (10) business days. Financial institutions may require additional processing time. If more than fifteen (15) business days have passed after we approved the refund, contact legal@softshox.com.

  vii.            Mandatory Consumer Rights

This Return and Refund Policy does not limit any non-waivable right or remedy under applicable law.

 

4.    Limited Warranties

        i.            Limited Warranties

Guardian FLEX SoftShox Chinstrap

Savior Brain Inc. d/b/a SoftShox offers a three-month Limited Warranty on the Guardian FLEX SoftShox Chinstrap to support customer satisfaction and product reliability. This Limited Warranty applies only to the original consumer purchaser and is non-transferable. It covers manufacturing defects in materials and workmanship under normal, intended use for three (3) months from the original purchase date. Chinstraps should be inspected before every use.

 

What Is Covered:

·      Defects in materials or workmanship that affect performance or usability.

·      Malfunction or failure due to normal, intended use during the warranty period.

 

What Is Not Covered:

·      Damage resulting from misuse, abuse, neglect, improper care, or use contrary to instructions or warnings.

·      Damage caused by improper installation, incompatibility, unauthorized repair, or unauthorized modification.

·      Any alteration to the Product.

·      Normal wear and tear or cosmetic wear, including scratches, discoloration, or other aesthetic changes that do not result from a manufacturing defect.

·      Damage from accidents, impacts beyond normal intended use, improper storage, exposure to extreme conditions, chemicals, heat, or other environmental causes.

·      Products purchased from an unauthorized retailer or seller, products lacking proof of purchase, or counterfeit products.

·      Loss, theft, or damage occurring after risk of loss passes to the purchaser, except to the extent applicable law provides otherwise.

 

SoftShox Chinstrap

Savior Brain Inc. d/b/a SoftShox offers a three-month Limited Warranty on the SoftShox Chinstrap to support customer satisfaction and product reliability. This Limited Warranty applies only to the original consumer purchaser and is non-transferable. It covers manufacturing defects in materials and workmanship under normal, intended use for three (3) months from the original purchase date. Chinstraps should be inspected before every use.

What Is Covered:

·      Defects in materials or workmanship that affect performance or usability.

·      Malfunction or failure due to normal, intended use during the warranty period.

What Is Not Covered:

·      Damage resulting from misuse, abuse, neglect, improper care, or use contrary to instructions or warnings.

·      Damage caused by improper installation, incompatibility, unauthorized repair, or unauthorized modification.

·      Any alteration to the Product.

·      Normal wear and tear or cosmetic wear, including scratches, discoloration, or other aesthetic changes that do not result from a manufacturing defect.

·      Damage from accidents, impacts beyond normal intended use, improper storage, exposure to extreme conditions, chemicals, heat, or other environmental causes.

·      Products purchased from an unauthorized retailer or seller, products lacking proof of purchase, or counterfeit products.

·      Loss, theft, or damage occurring after risk of loss passes to the purchaser, except to the extent applicable law provides otherwise.

 

 

      ii.            Warranty Claim Process

To request warranty service, email legal@softshox.com within the warranty period and provide: (a) proof of purchase; (b) the order number, if available; (c) a description of the claimed defect and circumstances of use; and (d) photographs or other reasonably requested information. Do not return the Product until instructed. SoftShox may require return of the Product for inspection and may deny claims that cannot reasonably be verified.

    iii.            Notice for California Customers

Pursuant to California Civil Code Section 1789.3, if you have questions or concerns please contact Savior Brain Inc by either (a) calling (703) 261-9568 or (b) a letter first class certified mail to Savior Brain Inc, Attn: Gordon Avery, 4532 Cherry Hill Road Suite #561 Arlington, Virginia 22207.  California residents may resolve any compliant regarding the Shop by contacting the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at or (800) 952-5210 or Hearing Impaired at TTY (800) 735-2929.

    iv.            Exclusive Limited-Warranty Remedy

If SoftShox confirms a covered defect, SoftShox will, at its option and without charge, repair the Product or replace it with the same or a reasonably equivalent Product. If repair or replacement is not commercially reasonable or cannot be completed after a reasonable opportunity, SoftShox may provide another remedy required by applicable law. A repaired or replacement Product does not restart or extend the original three-month warranty period. The Limited Warranty expires three (3) months after the original Product purchase date.

A Product that is torn, broken, materially worn, altered, or otherwise damaged should not be assumed to provide the same impact attenuation or performance as a new Product and should not be used.

      v.            Implied Warranties and State-Law Rights

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED IN DURATION TO THE THREE-MONTH TERM OF THIS WRITTEN LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

5.    Disclaimers, Liability, and General Terms

        i.            DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE, THE SERVICES, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS) AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND NON-INFRINGEMENT.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO CASE SHALL SAVIOR BRAIN INC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF SOFTSHOX PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF SOFTSHOX WILL BE LIMITED TO ANY AMOUNT PAID TO SOFTSHOX BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

      ii.            WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY SOFTSHOX.

    iii.            INDEMNIFICATION

You agree to indemnify, defend and hold harmless SoftShox and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, demand, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, made by any third party  arising out of or in connection with any of the following: (a) your breach or alleged breach of these Terms; (b) your use of the of Site; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (d) your Comments; (e) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (f) any misrepresentation made by you. SoftShox reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with SoftShox’s defense of any claim. You will not in any event settle any claim without the prior written consent of SoftShox.

    iv.            SECTION 13 – DISPUTE RESOLUTION & CLASS ACTION WAIVER

Applicability

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SOFTSHOX (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SITE.

DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION

If a dispute should arise between you and SoftShox we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and SoftShox each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Savior Brain Inc, 4532 Cherry Hill Road, Suite 561, Arlington, Virginia 22207, Attention: Gordon Avery, or (2) emailed at legal@softshox.com. You and SoftShox agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or SoftShox may commence a lawsuit.

NO CLASS ACTIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

Limited Time to File Claims

ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.

WAIVER OF JURY TRIAL

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

      v.            SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

    vi.            AVAILABILITY OF THE SITE; TERMINATION AND SUSPENSION

Your use of the Site must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by SoftShox in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from SoftShox.

The Site may be unavailable from time to time for any reason (for example, for routine maintenance). You understand and acknowledge that, due to circumstances both within and outside of SoftShox’s control, access to the Site may be interrupted or suspended from time to time. SoftShox shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, availability, and equipment needed for access or use.

We reserve the right at any time to modify, suspend, terminate, or discontinue the availability of the Site (or any part or content thereof) without notice at any time, for any reason, in SoftShox’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site or upon notice from SoftShox, all rights granted to you under these Terms will cease immediately. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using the Services.

A breach or violation of any of the Terms may result in an immediate termination of your use of Site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate the availability of the Site at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).

  vii.            ENTIRE AGREEMENT; WAIVER

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms ).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

viii.            GOVERNING LAW

These Terms and any separate agreement shall be governed by and construed in accordance with the laws of Virginia without regard to conflict of laws principles. The parties hereby submit to the exclusive jurisdiction of the federal, state, or municipal court of proper jurisdiction in Arlington, Virginia to resolve any dispute between them arising under or in connection with these Terms.

    ix.            MISCELLANEOUS PROVISIONS

Interpretation; Assignment

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. SoftShox may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of SoftShox.

Export Controls

You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

Investigations; Cooperation with Law Enforcement

SoftShox reserves the right to investigate and prosecute any suspected or actual violations of these Terms. SoftShox may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

 

      x.            Contact Information

Savior Brain Inc. d/b/a SoftShox
4532 Cherry Hill Road, Suite 561
Arlington, Virginia 22207
Legal correspondence: legal@softshox.com