Shield Skin LLC d/b/a Shield Labs

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 23 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS.

These Terms of Use and Sale (the “Terms”) are a legally binding agreement between you and Shield Skin LLC, doing business as Shield Labs (“Shield,” “we,” “us,” or “our”). They govern your access to and use of myshieldsystem.com and any related pages, accounts, applications, communications, content, features, and services we operate (collectively, the “Site”), and all purchases of Shield products, including one-time purchases and automatically renewing subscriptions.

1. ACCEPTANCE OF THESE TERMS

By clicking a button or checking a box that references these Terms, placing an order, creating or using an account, enrolling in a subscription, or otherwise accessing or using the Site after receiving reasonable notice of these Terms, you agree to be bound by them and the narrowly defined offer-specific terms identified below. If you do not agree, do not use the Site or purchase products from us.

If you accept these Terms for another person or entity, you represent that you have authority to bind that person or entity. References to “you” include that person or entity.

Only the specific product, quantity, initial and recurring price, billing or shipment frequency, introductory period, and cancellation terms shown for the offer you accept form part of your agreement with Shield and control if they conflict with these Terms concerning those specific details.

2. ELIGIBILITY; PURCHASES FOR MINORS

You must be at least the age of majority in your state of residence and legally capable of entering a contract to place an order or enroll in a subscription. Our products may be purchased by an adult for use by a minor only under the supervision and responsibility of the minor’s parent or legal guardian and in accordance with the product label and directions. The adult purchaser is responsible for determining whether a product is appropriate for the intended user and for supervising use by a minor.

The Site is not directed to children under 13, and children under 13 may not create accounts, place orders, enroll in subscriptions, or submit personal information directly to us.

3. RELATED POLICIES AND OFFER-SPECIFIC TERMS

Sections 11 and 12 govern Shield’s 100-Day Money-Back Guarantee and product returns. Only the specific product, quantity, initial and recurring price, billing or shipment frequency, introductory period, and cancellation terms presented for the offer you accept form part of your agreement with Shield. If there is a conflict concerning one of those specific details, the applicable offer-specific term controls; otherwise, these Terms control except where applicable law requires a different result.

A separate Return and Refund Policy may provide general operational information and return instructions. It is not incorporated into these Terms as a contractual promise and does not expand the guarantee or create rights beyond Sections 11 and 12, except to the extent applicable law requires otherwise. Our Privacy Policy describes our collection, use, and disclosure of personal information and is not incorporated into these Terms as a contractual promise except to the extent applicable law provides otherwise. Separate SMS/MMS terms govern a messaging program only if you separately accept them. Our Shipping Policy provides general operational information and is not incorporated into these Terms. Nothing in this paragraph replaces or limits any right or obligation that cannot lawfully be waived.

4. ACCOUNTS

You may need an account to access certain features or manage a subscription. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for promptly notifying Shield of suspected unauthorized use. Nothing in these Terms limits any nonwaivable rights or obligations concerning unauthorized charges, privacy, or data security.

Notify us promptly at info@myshieldsystem.com if you believe your account or payment information has been used without authorization. We may require reasonable verification before changing account information or processing a request.

5. PRODUCT INFORMATION; NO MEDICAL ADVICE

Information on the Site is provided for general educational and product-information purposes. It is not individualized medical advice, diagnosis, or a substitute for advice from a qualified healthcare professional. Product results vary, and Shield does not guarantee any particular result. Eligible purchases may qualify for the 100-Day Money-Back Guarantee described in Section 11, which is a refund policy and not a promise that a product will produce a particular result.

Always read and follow the complete product label, Drug Facts label where applicable, warnings, and directions before use. Those materials control over general Site content regarding safe use. Do not use a product if you are allergic or sensitive to an ingredient. Stop use and seek appropriate medical advice if irritation becomes severe, an allergic reaction occurs, or symptoms worsen. For a medical emergency, call 911 or your local emergency number.

Some Shield products may be regulated as over-the-counter drugs and others as cosmetics or other product categories. Statements and directions applicable to one product or category do not necessarily apply to another. Nothing in these Terms alters the legally required labeling, warnings, or intended uses of an over-the-counter drug.

6. PERSONAL USE; RESALE AND DIVERSION PROHIBITED

Products purchased through the Site are sold only for personal or household use unless Shield expressly agrees otherwise in writing. You may not purchase products for resale, redistribution, export, commercial sampling, marketplace listing, or other commercial use. You may not remove or alter lot codes, packaging, labels, or product identifiers.

We may limit quantities, reject or cancel orders, suspend accounts, withhold promotional benefits, or pursue other lawful remedies when we reasonably suspect unauthorized resale, diversion, fraud, abusive return activity, or circumvention of purchase limits. If we cancel a paid order, we will refund the amount paid for the canceled products.

7. ORDERS AND ORDER ACCEPTANCE

Your order is an offer to purchase. An automated confirmation only acknowledges that we received the order; it does not mean that Shield has accepted it. Shield accepts an order when it is tendered to the carrier. Before acceptance, we may reject or cancel it for lawful reasons, including product unavailability, pricing or description errors, suspected fraud, payment problems, shipping restrictions, unauthorized resale, or violation of these Terms.

If we cancel an order after charging you, we will refund the canceled amount to the original payment method. We may require additional information or verification before accepting or fulfilling an order.

8. PRICES, PROMOTIONS, TAXES, AND PAYMENT

Prices are stated in U.S. dollars unless otherwise indicated. Prices, discounts, gifts, bundles, and promotions may change and may be subject to additional disclosed conditions. A promotional price or gift offered at one time does not create a right to receive the same promotion later.

You authorize Shield and its payment processors to charge the payment method you provide for the total displayed at checkout, including product charges, recurring charges you separately authorize, shipping, taxes, and other disclosed amounts. You represent that you are authorized to use the payment method and that the information provided is accurate.

We may receive updated card numbers or expiration dates from your issuer through an account-updater service. Unless you opt out through your card issuer where available, you authorize us to use updated payment credentials for authorized purchases and subscription renewals. You remain responsible for amounts lawfully incurred, including if a payment is declined or reversed.

9. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

AUTOMATIC RENEWAL.

If you enroll in a subscription or automatic-refill plan, the plan continues and your payment method will be charged automatically at the recurring price and frequency presented for the specific offer you accept, unless and until you cancel. Only the offer-specific terms identified in Sections 1 and 3 form part of these Terms.

Authorization.

By enrolling, you expressly authorize Shield and its payment processors to store your payment credentials and charge the applicable recurring amounts, plus disclosed shipping and taxes, without obtaining separate authorization before each renewal. Charges will continue until cancellation becomes effective.

Managing or canceling.

You may cancel at any time through the online Manage Autoship portal available on the Site or by emailing info@myshieldsystem.com. We may offer additional cancellation methods. Cancellation will stop future renewal charges after the cancellation is processed; it does not automatically cancel an order that has already been fulfilled.

Charged renewals and fulfillment status.

If you request cancellation after a renewal order has been charged, we will attempt to stop fulfillment. If our fulfillment provider confirms that the order can still be intercepted and canceled when the request is processed, we will cancel the order and refund the amount charged. Submission of a cancellation request does not guarantee that an order already in fulfillment can be stopped. For this purpose, an order is “fulfilled” when our fulfillment provider has processed it to the point that it can no longer reasonably be intercepted or canceled. Fulfillment status is determined by Shield’s and its fulfillment provider’s operational records, not solely by whether a shipment or tracking notification appears in your account or has been sent to you. Customer-facing status and tracking information may be delayed. If the order has already been fulfilled, subscription cancellation will apply to future renewals and the fulfilled order will be governed by Sections 11 and 12, if applicable.

Payment failures.

If a renewal payment fails, we or our service providers may retry the charge, request that you update your payment method, or pause or cancel the subscription. Retrying a previously authorized recurring charge does not create a new subscription.

Price or material changes.

We may change a subscription price or other material term subject to applicable law. If you do not agree to a change, you may cancel.

10. SHIPPING; UNITED STATES SALES

The Site is operated for sales and deliveries within the United States. We may decline orders for addresses or jurisdictions we do not serve. Any shipping methods, charges, or delivery estimates presented at checkout or in our Shipping Policy are subject to availability and the qualifications stated there.

Delivery estimates are not guarantees. We are not responsible for carrier delays or events beyond our reasonable control, but nothing in this paragraph limits rights you may have under applicable law. You are responsible for providing a complete and accurate delivery address. Contact us promptly about a damaged, missing, misdelivered, or incorrect shipment. The request will be handled under Sections 11 and 12 and applicable law.

11. 100-DAY MONEY-BACK GUARANTEE

Subject to this Section, each eligible order may be returned for a refund if you are not satisfied. To use the guarantee, you must contact info@myshieldsystem.com within 100 calendar days after the order’s recorded delivery date, obtain return instructions, and return all product containers included in the order—including used or empty containers—within 14 calendar days after we provide those instructions.

You are responsible for return shipping costs and for loss or damage in return transit. We recommend using a trackable method. Unless required otherwise by law, original shipping charges are not refundable. Approved refunds will be issued to the original payment method for the eligible product amount actually paid, with taxes handled as required by law.

Orders with a merchandise subtotal greater than $200 are not eligible for the 100-Day Money-Back Guarantee. “Merchandise subtotal” means the amount charged for products after discounts and before shipping and taxes. This exclusion should be considered before purchasing a multi-unit or high-value order.

The guarantee is available for one-time purchases and subscription orders that independently satisfy these requirements. It is not available for wholesale, resale, diverted, fraudulent, or abusive transactions. We may require reasonable proof of purchase and identity, and we may deny or limit a claim where we reasonably determine that the claimant is engaged in fraud, unauthorized resale, return abuse, or manipulation of the guarantee.

We will not issue a duplicate refund while a chargeback or payment dispute concerning the same order is pending or after the order has already been refunded through that process. If a chargeback is withdrawn or resolved without a refund, eligibility will be evaluated under this Section. This guarantee supplements and does not replace any nonwaivable statutory rights.

12. OTHER RETURNS; DAMAGED OR INCORRECT ORDERS

Returns outside the 100-Day Money-Back Guarantee are handled under applicable law and any express offer-specific term identified in Sections 1 and 3. A separate Return and Refund Policy may provide operational instructions but is not incorporated into these Terms. Do not send an unauthorized return; contact us first for instructions. If an order arrives materially damaged, defective, or incorrect, contact us promptly with the order number and reasonable supporting information. The request will be handled under applicable law and any express written warranty or offer-specific term that applies.

13. PROMOTIONS, GIFTS, AND DISCOUNT CODES

Promotions may be limited by time, customer, household, product, quantity, channel, or other disclosed conditions. Unless expressly permitted, offers cannot be combined, transferred, redeemed for cash, applied retroactively, or used for resale. Promotional gifts are subject to availability and may be substituted or withdrawn as disclosed in the applicable offer or as permitted by law. We may cancel or withhold a promotion obtained through fraud, technical manipulation, duplicate accounts, or violation of the offer terms.

14. SITE LICENSE AND INTELLECTUAL PROPERTY

The Site and its content—including text, graphics, photographs, video, product names, trademarks, logos, designs, software, and compilations—are owned by or licensed to Shield and are protected by intellectual-property laws. Subject to these Terms, Shield grants you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the Site for lawful personal shopping and informational purposes.

You may not copy, reproduce, modify, distribute, sell, license, publicly display, scrape, frame, reverse engineer, create derivative works from, or commercially exploit the Site or its content without our prior written permission, except as permitted by law. No license to use Shield trademarks, trade dress, or product imagery is granted.

15. REVIEWS AND TESTIMONIALS

A review or testimonial you submit must be truthful, must reflect your genuine experience, and must not be false, misleading, or unlawful. We may moderate or remove content in our discretion, subject to applicable law. Testimonials describe individual experiences and do not guarantee that others will obtain the same results.

Any separate terms or release that you accept when submitting content, or that otherwise governs content created for Shield, will apply to that content.

16. PROHIBITED CONDUCT

You may not use the Site to violate law or another person’s rights; commit fraud; impersonate another person; submit false information; interfere with security or operation; introduce malicious code; scrape or harvest data without permission; attempt unauthorized access; evade purchase, promotion, or account restrictions; or use automated systems to place orders or access the Site in a manner that imposes an unreasonable burden.

17. THIRD-PARTY SERVICES AND LINKS

The Site may link to or integrate with third-party services, including payment, subscription-management, shipping, review, analytics, and social-media services. Third parties may have their own terms and privacy practices. Shield is not responsible for independent third-party services or content, but this does not limit responsibility that applicable law does not permit us to disclaim.

18. ELECTRONIC COMMUNICATIONS

You consent to receive contracts, disclosures, receipts, subscription notices, and other transactional communications electronically at the email address or phone number you provide, where permitted by law. You may withdraw consent to marketing communications as described in the applicable message or policy; withdrawing marketing consent does not stop non-marketing communications necessary to administer an order or subscription.

Your participation in an SMS/MMS marketing program is governed by the separate mobile messaging terms presented when you enroll. Consent to marketing texts is not required to make a purchase.

19. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE 100-DAY MONEY-BACK GUARANTEE IN SECTION 11 AND ANY WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED, THE SITE, CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHIELD DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT PRODUCT INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT; OR THAT A PRODUCT WILL PRODUCE A PARTICULAR RESULT FOR EVERY USER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THIS SECTION MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIELD AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, OR GOODWILL; OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE SITE, PRODUCTS, SERVICES, OR THESE TERMS, REGARDLESS OF THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SHIELD AND THE OTHER RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, PRODUCTS, SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO SHIELD DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

These limitations do not apply to liability that cannot legally be limited or excluded, which may include liability for fraud, willful misconduct, gross negligence, or certain personal-injury or product-liability claims, depending on applicable law. Your jurisdiction may provide additional rights.

21. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Shield and its affiliates, officers, directors, members, employees, and agents from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from your unlawful conduct, unauthorized commercial resale or distribution of products, or material breach of these Terms. This obligation does not require you to indemnify a party for its own negligence or misconduct where prohibited by law. Shield may control the defense of a covered claim, and you agree to provide reasonable cooperation.

22. INFORMAL DISPUTE RESOLUTION

Before either party starts arbitration or files a lawsuit other than an eligible small-claims action, the claimant must send an individualized written Notice of Dispute and give the other party 60 days to attempt an informal resolution. Notice to Shield must be emailed to info@myshieldsystem.com with the subject line “Legal Notice of Dispute.” Shield may send notice to the email or mailing address associated with your account.

The notice must include the claimant’s full name and contact information; the email address and order number associated with the account, if any; a description of the facts and legal basis of the claim; the specific relief requested and a good-faith calculation of any monetary demand; and the claimant’s personal signature. During the 60-day period, the parties may communicate in writing or mutually agree to a telephone or video conference in an effort to resolve the dispute.

The 60-day notice period is a condition precedent to arbitration or litigation. Any applicable limitation period will be tolled during that period. A court may enjoin the filing or prosecution of a proceeding that does not comply with this Section.

Contractual limitations period.

To the maximum extent permitted by applicable law, any claim or dispute within the scope of Section 23 must be initiated within one year after it accrues. If applicable law prohibits shortening the applicable limitations period to one year, the shortest period permitted by applicable law will apply. This provision applies equally to Shield and the customer. Sending the Notice of Dispute required by this Section within the applicable period satisfies this requirement, and the period is tolled during the 60-day informal-resolution period.

 

23. BINDING INDIVIDUAL ARBITRATION; CLASS-ACTION AND JURY WAIVERS

Please read this Section carefully.

Except for the exceptions stated below and unless you timely opt out, you and Shield agree that any dispute, claim, or controversy arising out of or relating to the Site, a product, an order, a subscription, advertising or marketing, communications, privacy or data practices, these Terms or any incorporated policy, or the relationship between you and Shield—including claims arising before you accepted these Terms—will be resolved exclusively through final and binding individual arbitration, not in court. This agreement is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16.

Exceptions.

Either party may bring an individual action in small-claims court if it qualifies and remains individual. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction solely to preserve the status quo pending arbitration or to protect intellectual-property rights. If applicable law prohibits arbitration of a request for public injunctive relief, that request will be severed and heard in court after the arbitrator resolves all arbitrable claims and individual relief.

Administrator and rules.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures then in effect and, where applicable, its Mass Arbitration Supplementary Rules and associated fee schedule. The AAA rules are available at www.adr.org. If the AAA is unavailable or declines to administer the matter and the parties cannot agree on a substitute within 30 days, a court with jurisdiction will appoint an administrator consistent with the FAA.

Arbitrator; authority; location.

A single neutral arbitrator will decide the dispute. The arbitrator has authority to decide all issues concerning the interpretation, applicability, enforceability, and formation of this arbitration agreement, except that a court will decide any challenge to the class-action waiver, mass-arbitration paragraph, or whether the parties formed an agreement to arbitrate. The arbitrator may award the same individual remedies a court could award under applicable law. Unless the parties agree otherwise, any hearing may occur by video, telephone, written submissions, or in the county where you live, as permitted by the AAA rules.

Fees.

Filing, administration, and arbitrator fees will be allocated under the AAA Consumer Arbitration Rules and applicable fee schedule, subject to applicable law. Each party will bear its own attorneys’ fees and costs unless an award is authorized by applicable law or another express provision of these Terms.

Individual proceedings only.

YOU AND SHIELD AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM, EXCEPT FOR PUBLIC INJUNCTIVE RELIEF THAT CANNOT LAWFULLY BE WAIVED.

Coordinated or mass filings.

If 25 or more similar arbitration demands are asserted against Shield within 180 days by the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules and applicable fee schedule will apply. Each claimant must satisfy the individualized notice requirements in Section 22 and provide the information and signed certification required by the applicable AAA rules. To the extent permitted by those rules, the AAA process arbitrator may direct that the demands be administered in sequential stages or batches of no more than 50 claims and may determine the selection, order, timing, and administration of those stages. Any applicable limitation period will be tolled for claims awaiting an active stage. Each claim remains individual, and no merits decision concerning one claimant will bind another claimant without that claimant’s express written consent. Claims may not be consolidated for a common merits determination without the written consent of all affected parties. A court will decide any challenge to the enforceability of this paragraph. If this paragraph is unenforceable, it will be severed and the remaining arbitration agreement will remain effective.

Jury-trial waiver.

TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND SHIELD KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Thirty-day opt-out.

You may opt out of this arbitration agreement without affecting your purchases or relationship with Shield. To opt out, email info@myshieldsystem.com within 30 days after the first date you affirmatively accept these Terms. Use the subject line “Arbitration Opt-Out” and include your full name, mailing address, account or order email, a recent order number if available, the date of acceptance, and a clear statement that you opt out of arbitration with Shield. The notice must be sent personally by you; a notice submitted on behalf of multiple people is ineffective. If you timely opt out, neither you nor Shield will be bound by this Section for disputes between you, but the remaining Terms will continue to apply.

Severability and survival.

Except as stated for public injunctive relief, if the class-action waiver is finally held unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court and the remainder will be arbitrated. If the prohibition on class arbitration is finally held unenforceable, this entire Section 23—other than the jury-trial waiver—will be void. This Section survives cancellation of a subscription, termination of an account, fulfillment of an order, and termination of these Terms.

24. GOVERNING LAW AND COURT VENUE

The FAA governs the arbitration agreement. For matters not governed by the FAA, these Terms and any dispute between you and Shield are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except that this choice does not deprive you of nonwaivable consumer protections of your state of residence.

Any court proceeding permitted under these Terms, other than an eligible small-claims action, must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party consents to personal jurisdiction and venue there, unless applicable law prohibits that forum requirement.

25. CHANGES TO THESE TERMS

We may update these Terms prospectively. The “Effective” date identifies the current version. A revision applies only when you accept it or when applicable law otherwise permits it to apply. Changes do not retroactively alter a dispute of which Shield had actual notice before the change.

26. SUSPENSION AND TERMINATION

We may suspend or terminate access to the Site or an account for a material violation of these Terms, fraud, security risk, abusive conduct, or other lawful reason. You may stop using the Site at any time and may cancel a subscription as described in Section 9. Termination does not cancel amounts already lawfully incurred or an order already fulfilled. Provisions that by their nature should survive—including intellectual property, payment obligations, disclaimers, limitations, indemnification, dispute resolution, and miscellaneous terms—will survive.

27. MISCELLANEOUS

Entire agreement.

These Terms and the narrowly defined offer-specific terms identified in Sections 1 and 3 are the entire agreement between you and Shield concerning their subject matter and supersede prior or contemporaneous communications on that subject.

Assignment.

You may not assign these Terms without our written consent. Shield may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer to an affiliate or successor, provided that the assignee assumes applicable obligations.

No waiver.

Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

Severability.

Except as specifically provided in Section 23, if a provision is found unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.

Force majeure.

Shield is not liable for delay or failure caused by events beyond its reasonable control, including carrier disruption, natural disaster, severe weather, epidemic, labor dispute, cyberattack, utility or network failure, government action, or supply interruption, except to the extent applicable law requires otherwise.

No agency; third-party beneficiaries.

These Terms do not create an employment, partnership, joint venture, or agency relationship. Except for Shield’s affiliates and indemnified parties as applicable, there are no third-party beneficiaries.

Headings.

Headings are for convenience only and do not limit interpretation. “Including” means “including without limitation.”

28. CONTACT

Questions about these Terms, orders, subscriptions, or cancellations may be sent to: Shield Skin LLC d/b/a Shield Labs, info@myshieldsystem.com. Notices of dispute and arbitration opt-outs must follow Sections 22 and 23.