Last updated: February 2022

Please review these Terms of Sale carefully as these terms govern your purchase of the products in your order (the “System”) from Rocky Mountain Smart Solutions dba SimpleSensor and/or Simplesensor.io (“RMSS") and set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those contained in our product warranties. These are the Terms of Sale under which we are willing to provide you with the System and requires the use of binding arbitration to resolve disputes rather than jury trials or class actions (described in detail below). Please be certain you understand them.

By clicking the “Submit” button below or otherwise purchasing the System and/or using the System, you agree that you have read these Terms of Sale and are legally bound by these Terms of Sale, including the disclaimers, limitations of liability and indemnity obligations below. You may print these Terms of Sale by clicking the print button on your Internet browser. You further acknowledge that these online terms are the Complete Terms of Sale. These Complete Terms of Sale include provisions relating to U.S. and End User sales only, payment methods, prices, sales tax, gift cards and promotions, shipping, services including monitoring services, software license, etc. which may not be included in any additional print terms of sale.

U.S. Sales Only

Purchases from RMSS or any authorized retailer are available only in the United States. You agree not to use or attempt to use any RMSS product or service from outside of the United States or for any illegal or unlawful purpose. You also agree not to transfer or otherwise provide any RMSS product [or System components] to any third party for use outside of the United States.

To the extent permitted under applicable law, any sale, offer of sale, transfer or attempted transfer of any RMSS product or System components to a third party outside the U.S. relieves RMSS of any obligations under these terms and makes you the seller or transferer liable for those obligations at RMSS’s sole discretion.

Sales to End Users Only

Purchases made through the RMSS websites such as www.rockymountainsmart.com or www.simplesensor.io or from any authorized retailers are for end user customers only. To the extent permitted by applicable laws, any offers of transfers, transfers, offers of sale, sales or resales to dealers, resellers or distributors or any other third-party anywhere in the world are prohibited and invalidate the Limited Warranty described hereinafter. This Limited Warranty shall also only apply to sales made to end user customers directly from RMSS or an authorized retailer.

Payment Methods

RMSS accepts credit cards, debit cards and RMSS Gift Cards as forms of payment. If a credit card is being used for a transaction, RMSS may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or when the order is shipped. If the balance from a RMSS Gift Card is used for a transaction, the amount is deducted from your Gift Card at the time of purchase. If the total amount of the transaction is greater than the balance available in Gift Card your credit card will be charged for the balance.

RMSS accepts the following credit cards: Visa, MasterCard. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

Prices

Your total price will include the price of the products in your order plus any applicable sales tax and shipping charges, less any discounts offered. RMSS reserves the right to change prices for products offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Promotions

From time to time, RMSS may offer discounts or coupon codes and/or other offers for free or discounted products or services for promotional purposes (“Promo Offers”). To the extent permissible under applicable laws, the following rules apply to any such Promo Offers made by RMSS such as through our website or through any other direct to consumer communication. Terms and conditions for each Promo Offer may vary, but unless expressly stated otherwise, the following terms will be deemed to apply, with any conflicts being governed by the terms specified in the Promo Offer.

• Promo Offers can only be redeemed on purchases made directly from RMSS, such as through our website (“Promo Offer Sales”).

• Promo Offers may not be combined, are non-transferrable, and have no cash value. Promo Offers cannot be sold or otherwise bartered, are limited one per registered household, and are void where prohibited.

• Customers who redeem a Promo Offer shall be responsible for any applicable taxes or fees associated with the corresponding Promo Offer Sale.

• Promo Offers are for a limited time only, subject to any express expiration date and/or supply availability limitations. If no expiration date is provided, the Promo

Offer will be deemed to expire from the earlier of (1) when the Promo Offer is terminated or otherwise removed by RMSS or (2) after six (6) months from date the Promo Offer was first communicated to the end user recipient. Promo Offers do not apply to prior sales or orders.

To the extent permitted under applicable law, Promo Offers may be discontinued at any time at RMSS’s sole discretion.

Sales Tax

RMSS website transactions will include sales tax based on the delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable sales taxes, and RMSS has the right to collect any tax it believes it is obligated to collect.

RMSS Gift Cards

RMSS Gift Cards are for transactions on the RMSS and www.simplesensor.io websites only. Sales tax will not be charged when the Gift Card is purchased. Sales tax is charged when the Gift Card is redeemed. The tax rate on the transaction is based on

the delivery address of the redeemer. Gift Cards may not be used to purchase other Gift Cards.

Shipping

Delivery will be by common carrier F.O.B RMSS’s shipping point. You assume sole risk of loss or destruction to the System during shipment.

Limited Warranty

RMSS warrants to you, the initial purchaser of the System from RMSS or an authorized retailer, that each of the products that make up your RMSS System (“Covered Products”) will be free from defects in materials and workmanship under normal use and service for one (1) year from the date that you purchase the Covered Products. This limited hardware warranty is non-transferrable. As a condition of this warranty, RMSS may require that you provide proof of purchase during the warranty period and/or return the defective Covered Product. If RMSS requires the return of the defective Covered Product, return shipping costs will be paid for by RMSS.

RMSS may also offer additional hardware or subscription related product protection plans that are supplemental to this original limited hardware warranty. Unless specified otherwise, these supplemental programs would not go into effect until after the original limited hardware warrant expires; and where programs run concurrently, this initial limited hardware warranty would take precedence over any other programs during the initial limited hardware warranty period. Within this and any other warranty protection periods, RMSS’s sole obligations shall be limited to accepting return of the defective product or part of the Covered Product and providing one or more of the following remedies, to be determined at RMSS’s sole discretion:

For valid warranty claims made during the warranty period with respect to Covered Products, RMSS may provide you with a substantially functional equivalent product or part to replace the defective item.

Replacement products provided under this Limited Warranty may be new, repaired or reconditioned, at the sole option of RMSS. RMSS warrants any replacement products for a one (1) year limited warranty period from the date the replacement parts are shipped to you.

Additionally, if a Covered Product has been discontinued and/or the substantially functional equivalent available replacement product or part to be issued in connection with this warranty would no longer be compatible with your System, at RMSS’s sole discretion, RMSS may offer you additional substantially functional equivalent replacement product(s) to address the compatibility issue. You understand and agree that this offer to replace other System components to address compatibility issues shall

fully satisfy RMSS’s remedy under this or any other applicable product warranty (to the extent this does not contradict or conflict with the terms thereof). If rejected, you will be deemed to have waived any other rights or remedies under this Limited Warranty. In no event shall RMSS bear any responsibility for installation any replacement product or part or the cost of such

installation.

At RMSS’s sole option and discretion, in lieu of replacing the defective Covered Product, RMSS may instead offer to refund the original purchase price you paid to RMSS or an authorized retailer for the Covered Product. If the defective Covered Product does not have a separate purchase price, RMSS shall determine a purchase price based upon the overall purchase price of any system that the defective Covered Product may have been a part of. Such determination shall be solely within RMSS’s discretion. Subject to availability, and at RMSS’s sole option and discretion, instead of refund you may select a store credit of equal or greater value than the aforementioned refund value (to be determined by RMSS), which may be applied toward other RMSS products or services (to be determined by RMSS). For the avoidance of doubt, if offered, the store credit remedy option would be offered as an alternative to the refund remedy option, presented for your selection of one or the other. This refund or credit remedy option shall only be made available at RMSS’s sole discretion and option.

For warranty service, please contact RMSS Customer Support info@rockymountainsmart.com If RMSS is unable to address the issue that you are facing, RMSS will, subject solely to its discretion, determine the appropriate warranty remedy or warranty remedy option, as listed above.

As explained above, RMSS may, at its discretion, require you return the Covered Product before RMSS determines which warranty remedy option to provide. In this situation, RMSS will provide you with a prepaid return slip for you to return your old product or part to RMSS. In the event that RMSS opts to send you a replacement product or part, as a remedy under this Limited Warranty and does not require prior return of such product or part as part of the warranty validation process, such replacement product or part may at RMSS’s discretion still be shipped along with a postage prepaid return slip, and you will return your old product or part to RMSS using such slip. Failure to return your old product or part in this instance may void any limited warranty on your replacement product or part, to be determined at RMSS’s sole discretion.

This Limited Warranty does not apply in the following cases: failure to follow installation or operating instructions, misuse (which includes, without limitation, using products outdoors unless outdoor use is expressly permitted, and in such cases only as directed, and/or use in improper temperature, humidity or other environmental conditions), alteration, abuse, accident or tampering, or damage or non-performance resulting from use of any item or repair services not provided by RMSS, as well as where your System

or any component thereof is obtained from a third party other than RMSS or an authorized retailer. This Limited Warranty also does not apply if damage was caused by Acts of God, natural disasters, labor disputes, war, terrorism, civil strife, or other causes beyond RMSS’s control (including but not limited to changes impacting the performance, operation or sustainability of third-party communications and technology platforms, networks and protocols). Consumable parts, such as batteries or battery replacement, and adhesive tapes are excluded from this Limited Warranty. Products that are tested and found to be in good working condition (not defective) are not covered by this Limited Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. RMSS DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, RMSS LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY DESCRIBED ABOVE OR THE SHORTEST PERIOD ALLOWED BY LAW. IN NO CASE SHALL RMSS OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES (EACH, A “RMSS PARTY” AND COLLECTIVELY, THE "RMSS PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS LIMITED WARRANTY OR ANY OTHER WARRANTIES WHATSOEVER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

RMSS does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System specifications specified below (or in the corresponding user manual, which shall control in the event of any discrepancy). You assume all risk associated with the suitability, installation and performance of the door lock and other third-party components, hardware, software and services that you select.

CONSEQUENTLY, NO RMSS PARTY, AS DEFINED ABOVE, SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE (COLLECTIVELY, “LOSSES”), INCLUDING ANY PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE

ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY A CLAIM THE SYSTEM FAILED TO GIVE WARNING. HOWEVER, IF ANY RMSS PARTY, AS DEFINED ABOVE, IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THIS LIMITED WARRANTY OR OTHERWISE, THE AGGREGATE LIABILITY OF ALL RMSS PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE RMSS PARTIES, AS DEFINED ABOVE. YOU ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE OF THE SYSTEM TO GIVE WARNING. THIS AGREED-UPON AMOUNT (THE PURCHASE PRICE OF THE SYSTEM) IS NOT A PENALTY, AND IS THE SOLE REMEDY.

By purchasing from RMSS, you acknowledge that you have had an opportunity to review RMSS's warranty terms, have done so to the degree you feel you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers.

Satisfaction Guarantee

Unless specified otherwise, any satisfaction guarantee or money back guarantee offers are made on an item by item basis (whether the items is purchased alone or as part of a larger order). The term for any satisfaction guarantee is limited and the start date for any such guarantee is the date of delivery of that specific item for items ordered directly from RMSS, or the purchase date for any items purchased from an authorized

retailer. Unless specified otherwise, the time frame for any satisfaction guarantee is 60 days.

To the extent permissibly by law, Satisfaction Guarantees only apply to initial purchaser, purchasing directly from RMSS or through an authorized retailer, and are non- transferable. As a condition of this guarantee, RMSS may require that the customer produce proof of purchase to confirm the purchase date.

Critical Product, Component and Software Updates & Replacements

If, at the Company’s sole and reasonable discretion, certain critical Product, Component and/or Software updates or replacements are needed to maintain reliable performance of your system or any components thereof during your ownership of your System, and the Company makes corresponding hardware or software updates available (collectively, “Critical Updates & Replacements), upon notice the Customer agrees to take reasonable steps and follow provided instructions to effectuate such Critical Updates & Replacements, and to cooperate as reasonably requested to help schedule, coordinate or arrange for such Critical Updates & Replacements to be installed, delivered or implemented. Such Critical Updates & Replacements can include updated

labeling, replacements of batteries, replacement of wifi or cellular modules, and even replacements of discontinued products.

Monitoring Services

Monitoring services will not be provided in connection with your purchase of the System unless you activate such services online or via the Application and as and when this feature becomes available, through the SimpleSensor mobile app). Monitoring Services are provided in accordance with RMSS’s Terms of Service which can be found online at LINK

Services Provided Without Monitoring Subscription

If you activate service offerings made available in connection with a System that do not require a monitoring subscription such services shall be provided in accordance with the Terms of Service that are applicable to such services. For the avoidance of doubt, such services will not be provided unless or until you activate them online through the RMSS mobile app.

INSURANCE

THE PRICE OF THE SYSTEM IS UNRELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES AT WHICH THE SYSTEM IS LOCATED. NO PORTION OF THE PURCHASE PRICE IS FOR INSURANCE OR SHALL BE DEEMED OR CONSIDERED INSURANCE PREMIUMS. YOU ACKNOWLEDGE AND AGREE THAT RMSS IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED ABOVE. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES, AS DEFINED ABOVE, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, FOR COVERAGE AGAINST ALL LOSSES, AS DEFINED ABOVE, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THESE TERMS OF SALE, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER (II) THE SYSTEM, (III) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, (IV) THE IMPROPER OPERATION OR NON- OPERATION OF THE SYSTEM, (V) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VI) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VII) PRODUCT OR STRICT LIABILITY (VIII) LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY RMSS PARTY, AS

DEFINED ABOVE (COLLECTIVELY, THE “COVERED CLAIMS”). RECOVERY FOR ANY LOSS, AS DEFINED ABOVE, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.

LIMITATIONS OF LIABILITY AND RELEASE

RMSS does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in RMSS's Limited Warranty. In particular, as described in RMSS's Limited Warranty, RMSS does not represent that the System may not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party for the purpose of causing false alarms or gaining unauthorized access to or otherwise affecting or controlling the System (including any Camera). You understand that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or other events occurring without providing an alarm, but it is not an insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result.

BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH RMSS PARTY, AS DEFINED ABOVE, ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE. UNDER NO CIRCUMSTANCES WILL ANY RMSS PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY. NOTWITHSTANDING THE FOREGOING, EVEN IF A RMSS PARTY, AS DEFINED ABOVE, IS FOUND LIABLE FOR ANY LOSSES, AS DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL RMSS PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL RMSS PARTIES, AS DEFINED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Release of Insured Losses; Waiver of Subrogation

You release all RMSS Parties for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against any RMSS Party for money paid to you or on your behalf.

Additional information regarding the Third-Party Components can be found at

https://www.RMSS.com/legal

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and RMSS agree that RMSS intends that this section satisfies the “writing” requirement of the Federal Arbitration Act. In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to these Terms of Sale or the breach hereof (collectively, a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. Once the Dispute is submitted to the AAA for arbitration each party must pay the appropriate filing fees. All expenses of the arbitrator and any AAA expenses shall be borne by SimpiSafe. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs, including but not limited to the expenses of witnesses for either side, which shall be borne by the party producing such witnesses. If an in- person arbitration hearing is required, then it will be conducted at an American Arbitration Association office that is reasonably convenient for both parties. If the parties are unable to agree on a location, a determination on location shall be made by the Independent ADR Institution or the neutral arbitrator

The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of these Terms of Sale and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You can obtain the AAA procedures, rules, and fee information as follows: AAA: 800.778.7879
http://www.adr.org/

In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Sale and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO

CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR RMSS WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR RMSS MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THE SECTION ENTITLED “OTHER TERMS AND CONDITIONS”) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

NOTWITHSTANDING THE FOREGOING, THIS ARBITRATION AGREEMENT DOES NOT APPLY TO ANY CLAIM SEEKING DAMAGES IN TORT FOR BODILY INJURY, INCLUDING EMOTIONAL OR PSYCHOLOGICAL INJURY, OR PROPERTY DAMAGE OF ANY KIND, INCLUDING CLAIMS FOR LOSS OF USE OR DIMINUTION IN VALUE OF PROPERTY. IN ADDITION, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON ANY BASIS INVOLVING ANY DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER PERSONS OR ENTITIES DOING BUSINESS WITH RMSS, OR OTHER PERSONS OR ENTITIES SIMILARLY SITUATED. FURTHERMORE, ANY DISPUTE BROUGHT BY OR AGAINST RMSS MAY NOT BE JOINED OR CONSOLIDATED IN THE ARBITRATION WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER RMSS SUBSCRIBER, UNLESS OTHERWISE AGREED BY THE PARTIES. FURTHER, THE PARTIES ACKNOWLEDGE THAT THEY WAIVE ANY RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE SUBJECT TO ARBITRATION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING INFO@ROCKYMOUNTAINSMART.COM WITHIN 60 DAYS OF THESE TERMS OF SALE BECOMING BINDING UPON YOU FOR THE FIRST TIME. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH

RMSS. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CAN NOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS OF SALE, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY RMSS. IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION: YOU AND RMSS EACH HEREBY IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ("SUIT") ARISING OUT OF OR IN CONNECTION WITH OR DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND RMSS MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN DENVER, COLORADO; YOU AND RMSS EACH CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EACH SUCH COURT IN ANY SUCH SUIT AND WAIVE ANY OBJECTION THAT YOU OR RMSS MAY HAVE TO

ade by RMSS-authorized distributors, resellers

or retailers (including, but not limited to Amazon, Best Buy, BJs Wholesale, Costco,

HSN, Lowe’s, Sam’s Club, Target, Touch of Modern, QVC, Walmart, Woot, and QVC,

and many of their respective online e-commerce stores)