User Terms

Effective February 1, 2025

Welcome to the Going Higher CRM, LLC! These User Terms, together with our Privacy Policy, are a written contract (the “Agreement”) between you and Going Higher CRM, LLC. (“Going Higher CRM, LLC,” “we,” or “us”). By registering an “Account” with Going Higher CRM, LLC and/or using its e-commerce checkout solution (the “Service”), you agree to be bound by this Agreement.

These terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. See below in Section 8 for full details.

‍ 1. Privacy policy We take your privacy very seriously; as such, our Privacy Policy (www.sdwebstore/legal) is an important part of this Agreement. The Privacy Policy explains how we collect information from you—such as your Shopping Preferences and Payment Preferences—and how we use and share that information with our Merchants to give you the best checkout experience.

2. How Going Higher CRM, LLC works For Merchants. Going Higher CRM, LLC partners with third-party “Merchants” to power the checkout process for their web and mobile storefronts (each, a “Shop”).

‍For You (Users) Going Higher CRM, LLC gives registered users like you the option to save certain “Payment Preferences” (such as payment account numbers, billing and shipping addresses) and “Shopping Preferences” (such as your shoe size) to your Account. We also send you text, email, or other communications (based on your Account settings) to give you updates on your orders. When you visit a Merchant’s Shop while logged into your Going Higher CRM, LLC Account, your Payment Preferences and Shopping Preferences are used to personalize your shopping experience and make checkout easier.

What We Don’t Do Going Higher CRM, LLC is not a Merchant.We don’t operate any Shops and have no control over their content, products and services, refund and exchange policies, or customer service. These issues need to be raised with the Merchant directly.

Going Higher CRM, LLC is not a Payment Processor.We don’t handle your money. If a particular Merchant uses a third-party payment processor (such as PayPal), that relationship is independent of Going Higher CRM, LLC. Any payment disputes should be directed to the Merchant.

How We Make Money We make our money from fees assessed to the Merchant, and there is no charge to users like you for registering with Going Higher CRM, LLC or using the Service.

3. Your qualifications You must be at least eighteen (18) years old to create an Account and use the Service. If you are using the Service on behalf of a company, you represent and warrant that you are authorized to enter into contracts on behalf of that company.

4. Payments Your Payment Account.

When you save a particular payment account (such as a PayPal account or credit or debit card number) to your Payment Preferences, you are representing and warranting that you are the listed accountholder and/or that you have the express consent of the account holder to incur charges on the account.

Refunds & Exchanges

Refunds, exchanges, and other payment issues are governed by the Merchant’s terms, conditions, and privacy policy for its Shop. We have no control over nor means to process a refund or exchange for you. Such disputes should be raised directly with the Merchant. 5. your use of the service License to Use the Service

Subject to your compliance with this Agreement, Going Higher CRM, LLC grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access the Service, and to use the Service. This license allows you to use the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Service without the prior express written consent of Going Higher CRM, LLC. All rights not expressly granted in this Agreement are reserved by Going Higher CRM, LLC.

Your Account

You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate, and that you will update that information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify Going Higher CRM, LLC immediately of any unauthorized use of your Account. If we suspect, in our sole discretion, that there has been a breach of your Account security, we reserve the right to refuse service, terminate your Account, suspend or terminate your right to use the Service, remove or edit your Payment and/or Shopping Preferences, or cancel your payments.

Your Content

From time to time, we may allow you and other shoppers to post reviews, comments, ratings, and other content (“your Content”) to the Service. With respect to your content, you are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates the Prohibited Conduct section below. If you do one of these things, we may remove your Content—but we have no obligation to do so and we do not review user content as a matter of practice.

License to Display Your Content

You are always the owner of Your Content; however, Going Higher CRM, LLC requires the following license from you in order to be able to display your Content on the Service as expressly permitted by you—for example, to make your review visible to others:

You grant to Going Higher CRM, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display Your Content throughout the world in any media now existing or in the future created.

Reviews and Comments

With respect to any product or store, service reviews or comments provided by you to Going Higher CRM, LLC as part of your Content, you represent and warrant that such reviews or comments are true and accurately represent your experience as a bona fide customer of a Shop or user of a Merchant’s products or services.

Indemnification

You are responsible for your Content and, as such, you agree to defend, indemnify, and hold harmless Going Higher CRM, LLC from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to your Content.

Other Users’ Content

Going Higher CRM, LLC respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act {'("DMCA")'}.

If you believe content located on or linked to by the Service violates your copyright, please immediately notify us by emailing us a DMCA takedown notice {'("Infringement Notice")'}, providing the information described below. If Going Higher CRM, LLC takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to us.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Website infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Company to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such {"owner's"} agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

{ 'Infringement Notices should be sent to [email protected] with the subject line "DMCA Notice".' }

Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

Prohibited Conduct

Going Higher CRM, LLC imposes certain restrictions on your use of the Service. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Going Higher CRM, LLC or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) harvesting or otherwise collecting information about users or Merchants, including email addresses and phone numbers; (d) without express written permission from Going Higher CRM, LLC, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use; (e) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (f) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (g) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (h) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (i) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; or (j) creating additional accounts to promote your {"(or another's)"} business, or causing others to do so.

6. Third-party content and services Third-Party Content

‍Opinions, advice, statements, or other information made available through the Service by third parties, such as Merchants and other users, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Going Higher CRM, LLC does not guarantee the accuracy, completeness, or usefulness of any third-party information in any Shop or otherwise accessible on or through the Service and will not be responsible for any loss or damage resulting from your reliance on third-party information.

Third-Party Services

The Service may be linked with the services of third parties {'("Third-Party Services")'}, such as Merchants and their payment processors, some of whom may have established relationships with Going Higher CRM, LLC and some of whom do not. Going Higher CRM, LLC does not have control over the content and performance of Third-Party Services. Going Higher CRM, LLC has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Services. Accordingly, Going Higher CRM, LLC does not represent, warrant, or endorse any Third-Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Services. 7. Intellectual property Going Higher CRM, LLC, the Going Higher CRM, LLC logo, Going Higher CRM, LLC’s website domain(s), and all content and other materials available through the Service, exclusive of Merchant content or your Content, {'(collectively, the "Company IP")'} are trademarks, copyrights, and intellectual property of and owned by Going Higher CRM, LLC or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Going Higher CRM, LLC, and you agree to assign, and do assign, all such goodwill to Going Higher CRM, LLC. You shall not at any time, nor shall you assist others to, challenge Going Higher CRM, LLC’s right, title, or interest in, or the validity of, the Company IP. 8. Dispute resolution This section governs any dispute between you and us, and how that dispute will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Going Higher CRM, LLC and you, and not to disputes between you and the Merchant, which are governed by the Merchant’s terms and conditions.

Notice

Prior to instituting any legal action, you agree to contact us at [email protected] to notify us of any dispute and give us an opportunity to make things right.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of California without regard to its conflict of law principles.

Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in Los Angeles, California (a “Court of Competent Jurisdiction”). You and Going Higher CRM, LLC stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

Arbitration

If you and Going Higher CRM, LLC cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the Going Higher CRM, LLC agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Going Higher CRM, LLC, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the {"arbitrator's"} services) shall be paid as determined by the arbitrator. If Going Higher CRM, LLC initiates arbitration against you, Going Higher CRM, LLC shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Going Higher CRM, LLC agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Going Higher CRM, LLC will each pay your own {"attorneys'"} fees and costs unless an award of {"attorneys'"} fees is available under applicable statute. The {"arbitrator's"} award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.

You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

No Class Actions Allowed

You and Going Higher CRM, LLC agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Going Higher CRM, LLC including as a plaintiff or class member in any purported class action.

Court Action to Assist Arbitration

Even though we are agreeing to arbitration, You and Going Higher CRM, LLC will both be allowed to seek relief from a Court of Competent Jurisdiction in aid of arbitration. For example, a court proceeding would be allowed to stay a court action, compel arbitration, confirm an arbitration award, or seek injunctive relief, whether temporary or permanent. 9. Assumption of risk You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Going Higher CRM, LLC and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.

10. Disclaimers, limitation of liability Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, GOING HIGHER CRM, LLC, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER GOING HIGHER CRM, LLC NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GOING HIGHER CRM, LLC DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SERVICE PURSUANT TO THIS AGREEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SLAM DUNNK WEBSTORE  OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SLAM DUNNK WEBSTORE AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Application of Disclaimers

Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Going Higher CRM, LLC’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section. 11. General Entire Agreement.This Agreement constitutes the entire agreement between Going Higher CRM, LLC and you concerning your use of the Service.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Going Higher CRM, LLC, or by the unilateral amendment of this Agreement by Going Higher CRM, LLC along with the posting by Going Higher CRM, LLC of that amended version, as explained more fully in Section 12.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Going Higher CRM, LLC. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and Going Higher CRM, LLC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

Third Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

‍Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

12. Changes to terms and privacy policy Internet technology and the applicable laws, rules, and regulations change frequently. Going Higher CRM, LLC reserves the right to change this Agreement and the Privacy Policy at any time upon notice to you (including by posting a new version, or sending you a change notice to your email address of record, where required by law). It is your responsibility to review this Agreement and the Privacy Policy periodically.