TERMS OF USE

These Terms of Use were last updated on October 1, 2025.

Harris Hill Products Inc. (herein referred to as the “Company,” “we,” “us” or “our”) provides and makes available the website located at board.fun (the “Site”), which, among other things, contains information regarding our products and services (collectively, “Products”, and together with the Site, including in each case any new features and applications, the “Service”) and through which you can place orders to purchase such Products.  All use of the Service is subject to the terms and conditions contained in this Terms of Use Agreement (this “Agreement”).  Please read this Agreement carefully.  By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.  If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Service.  You understand and agree that we may change this Agreement at any time without prior notice.  You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site.  The revised terms and conditions will become effective at the timing of posting. Any use of the Service after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your access to and use of the Service is also subject to the Company’s Privacy Policy located at board.fun/privacy, the terms and conditions of which are hereby incorporated herein by reference.  If you place an order to purchase any physical Products (including Board, as defined below) through the Site or Board, you are also subject to the Company’s Terms of Sale located at board.fun/terms-of-sale (the “Terms of Sale”), the terms and conditions of which are hereby incorporated herein by reference.

1. Access to the Service.

   1. Service Description.  The Site provides information regarding, and enables the placement of orders to purchase, Products.  Our Products include a gaming console with a large screen that interacts with physical game pieces and allows for multi-player experiences (“Board”) and related games and content to be downloaded and installed on Board (“Games”), physical game pieces and accessories.

   2. Registration Obligations.  You may be required to register with the Company in order to access and use certain features of the Service, including, without limitation, to purchase Products from the Site.  If you choose to register with the Company, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy.  If you are under 18 years of age, you may use the Service only with the express consent of your parent or guardian.  Parents and guardians agree to provide true, accurate, current and complete information as requested by the Company to confirm such express consent.

   3. Account, Password, and Security.  If you create a profile or account, you are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, including with respect to any sub-accounts that are linked to your primary account.  You agree to  immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and  ensure that you exit from your account at the end of each session when accessing the Service.  The Company will not be liable for any loss or damage arising from your failure to comply with this Section.

   4. Modifications to the Service.  The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

   5. General Practices Regarding Use and Storage.  You acknowledge that the Company may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Company’s servers on your behalf.  You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.  You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time.  You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

   6. Mobile Services.  The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”).  To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.  By using the Mobile Services, you agree that we may communicate with you regarding Company and other entities through electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information.  

2. Use of the Service; Intellectual Property Rights.

   1. Content.  The Service contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties.  The Content is protected by United States and foreign intellectual property laws.  Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement.  No other use is permitted without our prior written consent.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or Service or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content or Service in any way for any public or commercial purpose.  The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Service shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

   2. Trademarks.  The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of the Company.  Other company, product, and service names and logos used and displayed on the Service may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”).  Nothing on the Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without the prior written consent of the Company specific for each such use.  The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent.  All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.

   3. Restrictions.  You agree not to:  take any action that imposes an unreasonable load on the Service’s infrastructure,  use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service,  attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service,  delete or alter any material posted on the Service by the Company or any other person or entity,  frame or link to any of the materials or information available on the Service, or  engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  If you are blocked by the Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).  Neither the Service nor the Content may be copied, retransmitted, framed or mirrored.  Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

   4. External Sites.  The Service may contain links to third-party web sites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites.  You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs.  If you decide to access any External Sites, you do so at your own risk.

   5. Third-Party Material.  Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.  You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.  Without limiting the foregoing, Company and its designees will have the right to remove any content that violates this Agreement or is deemed by Company, in its sole discretion, to be otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

   6. User Content Transmitted Through the Service.  With respect to the content or other materials you upload, post, display or otherwise make available through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.  You are solely responsible for all User Content.  You agree not to use the Service to violate any applicable local, state, national or international laws, rules or regulations or to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.  By uploading, posting, displaying or otherwise making available any User Content, you hereby grant Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service; (b) to provide, develop and improve the Service and other offerings of Company and/or Company Affiliates; (c) for the promotion, advertising or marketing of the foregoing;  and (d) as otherwise set forth in our Privacy Policy. You assume all risk associated with your User Content and the transmission of your User Content and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.

   7. Usage Data.  You hereby authorize Company and Company Affiliates and their third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Company and Company Affiliates may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.

   8. Submissions.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

   9. Disclosures.  You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:  comply with legal process, applicable laws or government requests;  enforce this Agreement;  respond to claims that any content violates the rights of third parties; or  protect the rights, property, or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve   transmissions over various networks; and  changes to conform and adapt to technical requirements of connecting networks or devices.

3. Purchase of Products; Payment Processing. 

   1. If you purchase a Product (including any subscription to a Product), you may be required to select a payment plan and/or provide information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Company or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Company (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. We reserve the right to change Company’s prices at any time. If Company does change prices in connection with any Product to which you have any ongoing subscription, Company will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Company’s option. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. 

   2. Payment Processing. The Service is hosted on Shopify Inc. (“Shopify”). Shopify provides the Company with the online e-commerce platform that allows the Company to sell the Products to you. Shopify also facilitates payment processing via a third-party, such as Stripe or PayPal (as applicable, the “Payment Processor”). Notwithstanding any amounts owed to Company hereunder, COMPANY DOES NOT PROCESS PAYMENTS FOR PRODUCTS. If you wish to purchase any Products made available through the Service (“Purchase”), you agree to provide your payment information at the time you order such Products on the Service. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible. Shopify may use any information or data you submit in accordance with its privacy policy located at https://www.shopify.com/legal/privacy/app-users, as may be amended from time to time, and the Payment Processor may use any information or data you submit in accordance with its privacy policy. The Company is not responsible for the performance of any Payment Processor or Shopify. As a condition of Company enabling payment processing services through the Payment Processor, you represent and warrant to Company that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply in connection therewith is true, correct and complete. You also authorize Company to disclose to Shopify and/or the Payment Processor any information related to your Purchase and/or use of the payment processing services, subject to our Privacy Policy. 

   3. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable.  You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us on the Site when you submit your order.

   4. All orders of Products must be for your personal use only.  By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes.  All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion.  For instance, if we have reason to believe that your order is not for personal use and we suspect you are purchasing the Products for resale, we reserve the right to reject or cancel any order that you place.  We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

   5. We are constantly updating Product offerings and other content on the Site. We may add, delete, remove, modify, disable, suspend, or restrict some or all of the Site (or the Products offered for sale thereon) at our sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Site to the same extent, or at all, as prior to such events, and (ii) we shall have no liability to you or any third party in such case.  We shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension, or restriction of access to or use of any or all of the Site (including the Products offered for sale thereon).  We may change the descriptions, specifications, and prices of the Products offered for sale through the Site without notice and at any time.  We do not warrant that such descriptions, specifications, and prices of Products are accurate, complete or current at all times. 

   6. We may experience delays in updating information on the Site and in our advertising on other web sites.  The information found on the Site may contain errors or inaccuracies and may not be complete or current.  Products may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time, without prior notice.

   7. Refunds and Cancellations. Unless otherwise set forth in our Terms of Sale, payments made by you hereunder are final and non-refundable unless otherwise determined by Company. 

4. Games

   1. License.  Subject to these terms and conditions, the Company hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install each Game that you purchase from the Company via the Site or Board and  use such Game for your own personal use. 

   2. Open Source Software.  Each Game may contain or be provided together with open source software.  Each item of open source software is subject to its own applicable license terms, which can be found in the Game documentation or the applicable help, notices, about or source files.  If required by any license for particular open source software, Company makes such open source software, and Company’s modifications to that open source software (if any), available by written request to hello@board.fun. Copyrights to the open source software are held by the respective copyright holders indicated therein.

   3. Updates.  You acknowledge and agree that we may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service.  You consent to these updates and agree such updates may be automatically installed without providing any additional notice or receiving any additional consent from you. If you do not want such updates, your remedy is to stop using the applicable application.  You acknowledge that you may be required to install updates to use portions of the Service, and you agree to promptly install any updates the Company provides if the update does not automatically install.  

   4. Telephonic Communications Services.  

      1. By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Company or its partners  by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational, or another purpose, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Company or its partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Company or its partners for marketing or solicitation purposes to purchase Products. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Company or its partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person that acquires your old telephone number.

      2. There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

      3. By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

5. Third Party Services and Social Networking Services

   1. You may enable or log in to the Service via various online third party services, such as social media and social networking services (“Social Networking Services”).  By logging in or directly integrating these third party services, including the Social Networking Services into the Service, we make your online experiences richer and more personalized.  To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers.  As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.  For more information about the implications of activating these Social Networking Services and Company’s use, storage and disclosure of information related to you and your use of such services within Company (including your friend lists and the like), please see our Privacy Policy.  However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. 

   2. In addition, Company is not responsible for the accuracy, availability, reliability or completeness of any information, content, goods, data, opinions, advice or statements made available in connection with any third party service or Social Networking Services.  As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service or Social Networking Services. Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6. Limitation of Liability; Disclaimer of Warranties.

   1. THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY.  THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK.

   2. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

   3. EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS OF SALE, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS OF SALE, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

   4. IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY A PRODUCT DEFECT OR CONDUCT FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS OR REGULATIONS.

   5. SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

   6. IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 6 AND 7 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

7. Indemnification.  You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from  your breach of this Agreement,  your access to, use or misuse of the Content or Service or  the User Content.  The Company shall provide notice to you of any such claim, suit, or proceeding.  The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. Termination.

   1. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service or the Content at any time and for any reason without prior notice or liability.  The Company reserves the right to change, suspend, or discontinue all or any part of the Service or the Content at any time without prior notice or liability.  You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service if you are in breach of this Agreement.  Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Service.

   2. Survival.  Sections 2 (Use of the Service, Intellectual Property Rights), 6 (Limitation of Liability and Warranty), 7 (Indemnification), 8 (Termination), 9 (Compliance with Applicable Laws), 10 (U.S. Government Restricted Rights), 11 (Dispute Resolution), and 12 (Miscellaneous) shall survive the termination of this Agreement.  

9. Compliance with Applicable Laws.

   1. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Service or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

   2. The United States controls the export of products and information.  You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws.  By downloading or otherwise using the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited.  You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

10. U.S. Government Restricted Rights.  The Content is provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor.  Use of the Service or Content by the Government constitutes acknowledgement of our proprietary rights in the Service and Content.

11. Dispute Resolution By Binding Arbitration.  PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    1. Agreement to Arbitrate.  This Dispute Resolution by Binding Arbitration section (Section 11) is referred to in these Terms as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action or class arbitration.  Your rights will be instead determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and shall survive the termination of these Terms.

    2. Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPREESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR CLASS PROCEEDING.  THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF WHERE PERMITTED BY AND TO THE EXTENT REQUIRED UNDER APPLICABLE LAW FOR THE ENFORCEABILITY OF THIS PROVISION.

    3. Pre-Arbitration Dispute Resolution.  Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at hello@board.fun.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Company should be sent to 5 Union Square West, #1036 / New York, NY 10003 (“Notice Address”).  The Notice must  describe the nature and basis of the claim or dispute and  set forth the specific relief sought.  If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

    4. Arbitration Procedures

       1. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of this Agreement as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

       2. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    5. Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such Arbitration Fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Any payment of attorneys’ fees or other litigation fees will be governed by the AAA Rules.

    6. Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    7. Severability.  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 11.2) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  The remainder of this Arbitration Agreement shall remain in full force and effect. If a court or the arbitrator decides that any of the provisions of Section 11.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of this Agreement will continue to apply.

    8. Future Changes to Arbitration Agreement.  Notwithstanding any provision in this Agreement to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

12. Miscellaneous.  This Agreement (and, if you place an order for any physical Products, the Terms of Sale) constitutes the entire agreement between you and Company governing your access and use of the Service and supersedes any prior agreements between you and Company with respect to the Service. This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws provisions.  With respect to any disputes or claims not subject to arbitration as set forth above, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Delaware.  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  Any information submitted or provided by you to the Service might be publicly accessible.  Important and private information should be protected by you.  The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.  You may not assign this Agreement without the prior written consent of the Company, but Company may assign or transfer this Agreement, in whole or in part, without restriction.  You agree that you are solely responsible for your interactions with any other user in connection with the Service and Company will have no liability or responsibility with respect thereto.  Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.  Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (c) by telephone at (916) 445-1254 or (800) 952-5210.  Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Harris Hill Products Inc., 5 Union Square West, #1036, New York, NY and  hello@board.fun.