Terms & Conditions

Effective Date, January 2022

No Contracts or Cancellation Fees for All Subscription Packages 1, 2, and 3. For any questions or concerns please call 760-341-SIZL (7495) or write: 71537 Highway 111 Ste. H Rancho Mirage, CA 92270.

Section A: General Referral Application Terms & Conditions

1. Permissible Use.

Unless you are a Licensed lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use Lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., submit lead for loan). Without limitation, lending professionals and institutions are permitted to use: information provided by SIZL Pay App, Inc. through the Referral Services in making any loan-related decisions. The Services may be used only for transactions in Merchant Services and Business Funding, and may not be used for transactions in commercial lending which includes, without limitation, commercially funded programs Subject to the restrictions set forth in the following paragraphs. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution. Notwithstanding the foregoing, the aggregate level data provided on the SIZL APP-Info Pages, and available at http://www.SIZLapp.com/terms-conditions, (the Aggregate Data) may be used for non-personal uses, e.g., market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as SIZL Pay App, Inc. is cited as a source.

2. Restrictions and Additional Terms.

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

a. Acceptable Use.

You agree not to use the Services in any way that is unlawful, or harms SIZL Pay App, Inc., its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the Good Neighbor Policy, the Ethics Quality Policy, the SIZL Pay App, Inc. Terms of Use, the SIZL or any other policy or notice on the Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about Consumer or Commercial lending, or other professionals, underlying images of or information about Consumers, or Commercial lending other data or content available through the Services.

b. Automated Queries.

You agree not to use the Services in any way that is unlawful, or harms SIZL Pay App, Inc., its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the Good Neighbor Policy, the Ethics Quality Policy, theSIZL Pay App, Inc. Terms of Use, the SIZL or any other policy or notice on the Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about Consumer or Commercial lending, or other professionals, underlying images of or information about Consumers, or Commercial lending other data or content available through the Services.

c. NAVTEQ Restrictions.

You may access the Services via APPs Web browsing devices such as a personal computer, PDA, or Web-enabled phone or smartphone , but you may not use the NAVTEQ map data with any products, systems, or applications which are installed or otherwise connected to or in communication with vehicles and which are capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or use the NAVTEQ map data with or for devices that contain a resident geographic database.

If any map data provided by NAVTEQ is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, such data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these Terms of Use, and each copy of such delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice:

Notice of Use

If the contracting officer, federal government agency, or any federal official refuses to use the legend provided herein, the contracting officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the NAVTEQ data.

d. Windows Live Virtual Earth.

Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use, located at http://www.microsoft.com/maps/assets/docs/terms.aspx.

e. Google Maps.

Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html.

f. Calls.

If you, as a consumer or referral agent, choose to contact a referral agent or a Lender, Merchant Services provider etc(as defined below) through the SIZL Application Services by filling out a contact or other request form on the Services, you authorize SIZL Pay App, Inc. (specifically SIZL Pay App, Inc. in connection with information provided to a Lender) to provide your name and contact information and other identifying information you provide to the applicable Merchant Services or Consumer Commercial Lender. Further, if you elect to request pre-approval from a Lender (as defined below) in connection with your contact with a Consumer Commercial loan or Merchant Services, agent, you authorize SIZL Pay App, Inc. to provide your name and contact information and other identifying information you provide to the participating Lender. You acknowledge that, by submitting your contact request or other request form on the Services or by electing to request pre-approval, you may receive a marketing calls from or on behalf of the SIZL, Merchant Services, Consumer Commercial Loan agent or Lender at the telephone number(s) you provide.

The Services thru SIZL referral platform may provide phone numbers that can connect you with SIZL Pay App, Inc. its service providers, or other third parties, such as Merchant Services, Consumer Commercial Lenders. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to SIZL Pay App, Inc. or through a Calling Service, you consent to such recording and monitoring. SIZL Pay App, Inc. will treat recorded calls in accordance with its Privacy Policy.

3. Materials You Provide; Account Use; Privacy; Third Party Web Sites.

For materials you post or otherwise provide to SIZL Pay App, Inc. in connection with the Services (your “Submission”), you grant SIZL Pay App, Inc. an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. SIZL Pay App, Inc. will not pay you for your referral Submission, not basement referral Payment terms, for a successfully funded or processing. SIZL Pay App, Inc. may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant SIZL Pay App, Inc. the rights in this paragraph, that SIZL Pay App, Inc. use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services provider thru SIZL platform or that you otherwise make available through the Services.

SIZL Pay App, Inc. will not use client contact information that is uploaded by agents into the SIZL Agent Hub portal for any purpose. You may not share your user account(s) with others. You are responsible for all actions taken via your account. SIZL Pay App, Inc. will treat your use of the Services in accordance with its Privacy Policy. Certain SIZL Pay App, Inc. functionalities may involve the distribution of your Submission to third party Web sites over which SIZL Pay App, Inc. has no control. SIZL Pay App, Inc. is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.

4. Advertising.

SIZL Pay App, Inc. business is primarily funded through referral programs. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, SIZL Pay App, Inc. may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.

5. The Role of SIZL Pay App, Inc.

SIZL Pay App, Inc. is a relayed Referral Program Platform Incorporated in the state of Delaware but does not broker lender transactions. SIZL Pay App, Inc. does not act as an agent for you or any other user. SIZL Pay App, Inc. does not sell, buy, or negotiate the purchase, sale, or exchange of lending programs or commercial. Further, SIZL Pay App, Inc. does not loan or fund or, offer to loan or fund, or negotiate the loan of consumer or commercial loan or otherwise aid or assist in the funding or lending of monies commercially or consumer.

6. Loan Information Services.

These terms apply specifically to the Services offered by SIZL Pay App, Inc., specifically SIZL Pay App, Inc., allows consumers and Business opt in referral to provide anonymous information to banks, lenders, financial institutions, originators, loan brokers, other mortgage professionals and their employees (collectively, the “Lenders”) to request quotes on terms for consumer or commercial loans. Lenders may elect to respond to consumer or commercial requests with non-binding customized quotes of the terms they would offer to a borrower fitting the consumer’s profile, as well as their contact information. These non-binding quotes are not intended to be official Loan Estimates as defined in the Consumers or Commercial Settlement Procedures Act. SIZL Pay App, Inc., through SIZL Pay App, Inc., also allows consumers to provide certain information to Lenders and receive Lender contact information or request that Lenders pre-approve them for consumer or commercial loans. SIZL Pay App, Inc. does NOT make loan applications. SIZL Pay App, Inc. does NOT make loans or credit decisions in connection with consumer or commercial loans. Any loan inquiry you submit is NOT an application for credit. SIZL Pay App, Inc. does not pre-approve borrowers for loans. SIZL Pay App, Inc. lists Lenders who may conduct a preliminary review to determine your loan qualifications based on their guidelines. To receive a pre-approval, you or the referral will need to complete a short online questionnaire or email that asks for personal information including income, credit score, and monthly debt. After completing the questionnaire, you may see an estimated pre-approval amount based on the information you provided. To continue the process of requesting a pre-approval letter, a Lender will require more details, such as pulling your credit report (at your request). If you meet the Lender’s guidelines based on preliminary review of your responses to the questionnaire and your credit report, you may receive an online pre-approval letter. A pre-approval letter is not an offer to lend, a commitment to make a loan, or a guarantee of specific rates or terms. Even if you receive a pre-approval letter, you may not get a loan from a Lender or a loan at a specific rate or subject to particular terms. A Lender may require income and asset verification, as well as satisfaction of other conditions, before they commit to extending a loan. SIZL Pay App, Inc. does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender—loan approval standards are established and maintained solely by individual Lenders. SIZL Pay App, Inc. does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market.

When consumers or Businesses submit the required information for a Lender to contact them or when consumers or Businesses request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender and SIZL Pay App, Inc. will create a contact for the selected Lender based on parameters established by the Lender. If you, as a consumer, choose to contact a Lender through the Services offered by SIZL Pay App, Inc. by filling out a contact request or other request form or by completing a submission questionnaire on SIZL application websites associated with these Services, you authorize SIZL Pay App, Inc. to provide your name, contact information and other information you provide to a Lender, along with your quote or pre-approval request (if any). You acknowledge that, by submitting your referral contact request, other request form or by completing a questionnaire on the Services, you may receive telemarketing calls from or on behalf of a Lender at the telephone number(s) you provide. By submitting your name, contact information and other information, you Agree to be contacted for your referral will no longer be anonymous. Any loan or other business conducted is between you and the Lender.

By submitting personal information through Referral Services offered through SIZL Pay App, Inc. you authorize, Lenders (or a third party designated by a Lender) to request from one or multiple credit bureaus / reporting agencies, your credit bureau report including any ancillary credit scores or ratings.

b. The Role of SIZL Pay App, Inc.; Disclaimer.

SIZL Pay App, Inc. is not a Lender, loan originator, loan processor, or underwriter.SIZL Pay App, Inc. does not solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. SIZL Pay App, Inc. does not take applications for credit or issue pre-approval letters. Your submission of information and any request for quotes or pre-approval is not an application for credit. SIZL Pay App, Inc. does not endorse, or recommend any Lender or the products of any Lender. Consumers and Business Owners should rely on their own judgment in deciding which available loan product, terms and Lender best suit their needs and financial means. Nothing contained in the Services is an offer to lend or a commitment for a loan, and SIZL Pay App, Inc. does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. SIZL Pay App, Inc. is not an agent of either any consumer or any Lender. SIZL Pay App, Inc. is only providing an administrative service to consumers and participating any Commercial Lenders. Decisions regarding Lenders contacting consumers or pre-approval requests are made by participating Lenders and not SIZL Pay App, Inc. SIZL Pay App, Inc.; assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including SIZL Referral Application and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary. Lenders may keep consumer loan request information and any other information provided by SIZL Pay App, Inc. (specifically, SIZL Pay App, Inc.) or received by Lenders in processing a contact or pre-approval request, whether or not a consumer is qualified for a loan with a Lender.

c. Fees.

The Services offered by SIZL Pay App, Inc.; are free to consumers and Businesses. SIZL Pay App, Inc., a wholly owned subsidiary of SIZL Pay App, Inc.; is paid an advertising fee by Lenders for the goods, facilities and services provided through the Services offered by SIZL Pay App, Inc.

d. Participating Lenders.

The Lenders participating on the Services are solely responsible for their services to consumers. SIZL Pay App, Inc. shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers’ use of the Services or the services offered by Lenders. SIZL Pay App, Inc. is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. SIZL Pay App, Inc. reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from using or participating in any of the Services offered by SIZL Pay App, Inc.

e. Privacy.

SIZL Pay App, Inc. may use personally identifying information provided by a consumer or Business to improve the relevance of advertising shown to consumers or Businesses. Please consult the Privacy Policy for more information.

f. Lender Terms.

Lenders participating in Services offered by SIZL Pay App, Inc. are further subject to the SIZL Pay App, Inc. Terms of Use.

g. Licenses.

SIZL Pay App, Inc. is a wholly-owned subsidiary of SIZL Pay App, Inc. and has its headquarters at 71537 Highway 111 Suite H, Rancho Mirage, CA 92270. SIZL Pay App, Inc. Nationwide Lending System (NMLS) Identification Number is 1303160. To see a complete list of SIZL Ventures, Inc.’s licenses, see Licensing and Disclosures

h. Disclosures and Consent.

By using this website and Services, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. For specific information regarding applicable disclosures and consent, please see Licensing and Disclosures

7. Additional Terms for Use of Certain Services.

a SIZL Premium. In the event that you have entered into a separate Diverse Premium Agreement with SIZL Pay App, Inc., your use of the SIZL Referral Application will be subject to the SIZL Referral Application and, if there is any conflict between the SIZL Referral Application Agreement and these Terms of Use, the Diverse Solutions Application will control.

b. SIZL Premium.

In addition to these Terms of Use, your use of the SIZL Premium services is subject to your payment of the applicable fees. If SIZL Pay App, Inc. is unable to bill the credit card on file, notice will be sent to the email address on file and up to five additional billing attempts will be made within the 30-day period from the first unsuccessful billing attempt. After the last unsuccessful billing attempt, the services will be cancelled, but you will remain responsible for unpaid amounts owed to SIZL Pay App, Inc. If you are not satisfied with the SIZL Premium service, please contact us via email at support [at] SIZLapp.com Premium.com. SIZL Premium subscription services can be cancelled at any time by emailing support [at] SIZLapp.com Premium.com. If the subscription is billed on a recurring basis, and you cancel it during a billing cycle, you will be billed the full amount due during that billing cycle.

8. Software.

The Services may include SIZL smartphone application for Apple and Android software for use in connection with the referral Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the application. If such application is not accompanied by a EULA, then SIZL Pay App, Inc. grants to you a non-exclusive, revocable, personal, non-transferable license to use such application solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 11, and 12).

9. Linked Materials and Third-Party Materials.

The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. SIZL Pay App, Inc. does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that SIZL Pay App, Inc. has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and SIZL Pay App, Inc. takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

10. Claims of Copyright Infringement.

SIZL Pay App, Inc. respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify SIZL Pay App, Inc. copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: a. Identification of the copyrighted work that you claim has been infringed;

b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;

c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows:

If relating to content on SIZL Pay App, Inc. websites

By mail:

SIZL Pay App, Inc.

71537 Highway 111 Ste. H
Rancho Mirage, CA 92270.

Attention: Copyright Agent

By e-mail: DMCA_notice_email [at] SIZLapp.com

If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged
copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

If relating to content on SIZLApp.com. websites

By facsimile: 866-868-8375

If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

11. Intellectual Property.

The Services are the property of SIZL Pay App, Inc. and subject to the intellectual property rights of SIZL Pay App, Inc. and its licensors. ©2021-2022 SIZL Pay App, Inc. or © 2022 SIZL Pay App, Inc.. All rights reserved. Map data. All rights reserved. ZIP+4 data ©2006-2015 United States Postal Service. Yahoo! User Interface Library ©2006-2013, Yahoo! Inc. and provided pursuant to the BSD license as set forth at http://developer.yahoo.com/yui/license.txt. Patents pending. SIZL, SIZL, the Pinpoint Design , Premium Premier Agent, How Hot ,super SIZL, SIZL Premium, Filtering are trademarks and/or registered trademarks of SIZL Network, Inc. in the United States and/or other countries. You may not use any of SIZL Pay App, Inc. trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

SIZL Pay App, Inc. does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.

One or more patents apply to this site and to the features and services accessible via the site, including without limitation: US Patent Nos. 8,676,680; 7,970,674; 7,415,356, 8,515,839; 8,510,349; 8,095,434; 8,140,421; 7,584,167; 7,945,530; 8,630,974; 5,758,328; 6,578,011; 6,970,835; 7,392,205; 8,204,782; 8,626,583 and all corresponding foreign counterparts.

12. NO WARRANTY.

SIZL PAY APP, INC. PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIZL PAY APP, INC. AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SIZL PAY APP, INC. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

13. LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL SIZL PAY APP, INC. OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST SIZL PAY APP, INC. OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

14. Changes; Discontinuance.

SIZL Pay App, Inc. reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to SIZL Pay App, Inc. properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. SIZL Pay App, Inc. may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

15. Choice of Law; Disputes.

These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Riverside County, for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

16. Indemnification.

You agree to defend and hold SIZL Pay App, Inc. its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.

17. Release.

You release SIZL Pay App, Inc. its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

18. General.

You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. SIZL Pay App, Inc. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. SIZL Pay App, Inc. failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and SIZL Pay App, Inc. with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and SIZL Pay App, Inc. with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 11, 12, 13, 15 through 18.