Effective Date: January 1, 2023 | Last Updated: May 1, 2026

These Terms and Conditions (this “Agreement” or “Terms”) constitute a legally binding agreement by and between: INFINITELY BIG INC, a corporation organized and existing under the laws of the State of New York, with its principal place of business at 201 Shannon Oaks Circle, Suite 102, Cary, NC 27511 (“Company,” “Seller,” “we,” “us,” or “our”); and The individual or entity purchasing products, goods, or services through Company’s website (“Buyer,” “Customer,” “Purchaser,” “you,” or “your”).

Company and Buyer, Customer or Purchaser may each be referred to herein as a “Party” and collectively as the “Parties.”

ARTICLE 1: DEFINITIONS

1.1 “Goods” means any physical products, merchandise, materials, or tangible items offered for sale on the Site.

1.2 “Intellectual Property Rights” means all intellectual property rights throughout the world, including without limitation: patents, copyrights, trademarks, service marks, trade names, trade dress, trade secrets, moral rights, and all applications, registrations, renewals, and extensions thereof.

1.3 “Order” means Buyer’s submission of a request to purchase Products through the Site, including all information provided by Buyer in connection with such request.

1.4 “Order Confirmation” means the written confirmation sent by Company to Buyer (typically via email) acknowledging Company’s acceptance of Buyer’s Order.

1.5 “Personal Data” means any information relating to an identified or identifiable natural person, including but not limited to name, email address, phone number, physical address, payment information, and any other information that can be used to identify Buyer directly or indirectly.

1.6 “Privacy Policy” means Company’s privacy policy, as amended from time to time, which is incorporated herein by reference and available on the Site.

1.7 “Products” means, collectively, all Goods and Services offered for sale on the Site.

1.8 “Purchase Price” means the total amount payable by Buyer for Products, including the price of the Products, applicable taxes, and shipping and handling charges.

1.9 “Services” means any digital products, downloadable content, subscriptions, or services offered for sale on the Site.

1.10 “Site” means Company’s website located at www.infinitelybig.com and any related websites, subdomains, mobile applications, and e-commerce platforms through which Company offers Products for sale.

ARTICLE 2: ACCEPTANCE OF TERMS

2.1 Agreement to Terms. By placing an Order on the Site, Buyer acknowledges that Buyer has read, understood, and agrees to be bound by this Agreement and Company’s Privacy Policy. If Buyer does not agree to all terms and conditions of this Agreement, Buyer must not place any Order on the Site.

2.2 Capacity to Contract. By placing an Order, Buyer represents and warrants that Buyer: (a) is at least eighteen (18) years of age or the age of majority in Buyer’s jurisdiction, whichever is higher; (b) has the legal capacity to enter into binding contracts; (c) is not barred from making purchases under applicable law; and (d) will comply with this Agreement and all applicable laws, rules, and regulations.

2.3 Minors. THE SITE AND ALL PRODUCTS ARE INTENDED ONLY FOR INDIVIDUALS WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. IF BUYER IS UNDER EIGHTEEN (18) YEARS OF AGE, BUYER MUST NOT PLACE ANY ORDER OR MAKE ANY PURCHASE ON THE SITE.

2.4 Organizational Purchases. If Buyer is placing an Order on behalf of an organization, company, or other legal entity, Buyer represents and warrants that Buyer has the authority to bind that entity to this Agreement, and Buyer’s acceptance constitutes the entity’s acceptance of this Agreement. In such case, “Buyer” and “you” shall refer to both the individual and the entity.

2.5 Updates to Terms. Company reserves the right to modify, update, or replace this Agreement at any time in its sole discretion. The most recent version of this Agreement shall be posted on the Site with a new Effective Date. Buyer’s continued use of the Site or placement of Orders after any changes constitutes Buyer’s acceptance of the updated terms. Buyer is responsible for reviewing this Agreement periodically for changes.

2.6 Additional Policies. Buyer’s purchases are also subject to Company’s Privacy Policy, Website Terms of Use, and any other posted policies, which are incorporated herein by reference. In the event of any conflict between such policies and this Agreement regarding sales transactions, this Agreement shall control.

ARTICLE 3: ORDERS AND ACCEPTANCE

3.1 Offer to Purchase. When Buyer places an Order on the Site, Buyer is making an offer to purchase the selected Products at the prices indicated, subject to the terms of this Agreement. An Order is not binding on Company until Company accepts the Order.

3.2 Order Acceptance. Company reserves the right to accept or reject any Order, in whole or in part, in its sole discretion, for any reason. Company’s acceptance of an Order is evidenced only by Company’s transmission of an Order Confirmation to Buyer. Receipt of an order acknowledgment or automated response does not constitute acceptance of an Order.

3.3 Order Rejection. Company may reject any Order for reasons including but not limited to: (a) errors in Product descriptions, pricing, or availability; (b) suspected fraud or unauthorized payment; (c) inability to verify Buyer’s information; (d) shipping restrictions; (e) quantity limitations; or (f) any other reason in Company’s sole discretion. If Company rejects an Order after payment has been processed, Company will refund the Purchase Price to Buyer’s original payment method.

3.4 Order Cancellation by Company. Company reserves the right to cancel any Order at any time prior to shipment, even after an Order Confirmation has been sent. If Company cancels an Order, Company will notify Buyer and refund the Purchase Price to Buyer’s original payment method.

3.5 Order Cancellation by Buyer. Buyer may cancel an Order at any time prior to Company’s transmission of an Order Confirmation. Once an Order Confirmation has been sent, Buyer may not cancel the Order but may be entitled to a return and refund in accordance with Article 6 of this Agreement.

3.6 Order Accuracy. Buyer is solely responsible for ensuring the accuracy of all information provided in connection with an Order, including but not limited to shipping address, billing address, contact information, and Product selections. Company is not responsible for any errors, delays, or failures resulting from inaccurate information provided by Buyer.

3.7 Quantity Limitations. Company reserves the right to limit the quantity of any Product that may be purchased per Order, per Buyer, or per household. Company will notify Buyer if any such limitations apply to Buyer’s Order.

ARTICLE 4: PRICING AND PAYMENT

4.1 Prices. All prices for Products are set forth on the Site alongside the applicable Product descriptions. Prices are quoted in United States Dollars (USD) unless otherwise specified. Prices on the Site may differ from prices offered by Company elsewhere (online or offline) for the same Products.

4.2 Price Changes. Company reserves the right to change prices for any Product at any time in its sole discretion without prior notice. The price in effect at the time Buyer places an Order shall apply to that Order, regardless of subsequent price changes.

4.3 Pricing Errors. Company endeavors to ensure accuracy in Product pricing, but errors may occur. If Company discovers a pricing error after an Order has been placed, Company will notify Buyer and provide Buyer the option to: (a) confirm the Order at the correct price; or (b) cancel the Order. If Buyer does not respond within forty-eight (48) hours of notification, Company may cancel the Order and refund any payment received.

4.4 Taxes. Buyer is responsible for all applicable sales, use, excise, value-added, and other taxes, duties, and governmental charges associated with the purchase, except for taxes based on Company’s net income. If Company is required to collect or remit such taxes, they will be added to Buyer’s Purchase Price.

4.5 Shipping and Handling. Buyer is responsible for all shipping and handling charges, which will be calculated and displayed during checkout. Shipping and handling charges are non-refundable except as expressly provided in this Agreement.

4.6 Payment Methods. Payment may be made by valid credit card, debit card, or other electronic payment methods accepted on the Site (such as PayPal, Apple Pay, or similar services). By providing payment information, Buyer represents and warrants that: (a) Buyer has the legal right to use the payment method provided; (b) the payment information is accurate and complete; and (c) Buyer authorizes Company to charge the payment method for the Purchase Price.

4.7 Payment Processing. Payment is typically processed at the time the Order is placed. Company uses third-party payment processors to process payments. Buyer’s use of such payment processors is subject to the terms and conditions of those processors. Company is not responsible for any errors, failures, or delays caused by third-party payment processors.

4.8 Payment Disputes. If Buyer disputes any charge, Buyer must notify Company in writing within thirty (30) days of the charge. Failure to provide timely notice shall constitute Buyer’s acceptance of the charge. Buyer agrees to attempt to resolve any billing disputes with Company before initiating a chargeback or dispute with Buyer’s payment provider.

4.9 Promotions. Company may offer promotions, discounts, or special offers from time to time. The terms of any such promotion shall be set forth separately and shall govern its applicability. In the event of a conflict between promotional terms and this Agreement, the promotional terms shall control solely with respect to that promotion.

ARTICLE 5: SHIPPING AND DELIVERY

5.1 Shipping. Company will ship accepted Orders for Goods to the shipping address provided by Buyer. Company reserves the right to select the shipping carrier and method unless Buyer selects a specific option at checkout.

5.2 Shipping Timeframes. Company will use reasonable efforts to meet any estimated shipping and delivery dates provided on the Site or in the Order Confirmation. However, all shipping and delivery dates are estimates only, and Company shall not be responsible or liable for any delays in shipment or delivery. Time is not of the essence with respect to delivery.

5.3 Shipping Restrictions. Company may not ship to certain locations due to legal restrictions, carrier limitations, or other factors. If Company cannot ship to Buyer’s address, Company will notify Buyer and cancel the Order, refunding any payment received.

5.4 Risk of Loss. Title to and risk of loss for all Goods passes to Buyer upon Company’s delivery of the Goods to the shipping carrier (FOB Shipping Point). Company is not responsible for any loss, damage, or theft occurring during shipping. Buyer is advised to obtain shipping insurance for valuable items.

5.5 Delivery. Buyer is responsible for inspecting Goods upon delivery and notifying Company of any damage, defects, or discrepancies within seven (7) days of delivery. Failure to provide timely notice may affect Buyer’s ability to return Goods or claim refunds.

5.6 Failed Delivery. If a shipment cannot be delivered due to incorrect address information provided by Buyer, refusal of delivery by Buyer, or failure to claim the shipment, Company may, at its option: (a) attempt redelivery at Buyer’s expense; (b) hold the Goods for Buyer’s pickup at Buyer’s expense; or (c) cancel the Order and refund the Purchase Price less shipping charges and any restocking fee.

5.7 Digital Products. For Services and digital Products, delivery is deemed complete upon Company’s transmission of access credentials, download links, or other delivery mechanism to Buyer’s email address on file.

ARTICLE 6: RETURNS AND REFUNDS

6.1 Return Policy. Subject to the conditions and exclusions set forth in this Article 6, Buyer may return eligible Goods for a refund within thirty (30) days of delivery.

6.2 Return Conditions. To be eligible for a return, Goods must be: (a) in their original, unused condition; (b) in their original packaging with all tags, labels, and accessories; (c) accompanied by proof of purchase; and (d) returned in accordance with Company’s return procedures as set forth on the Site.

6.3 Non-Returnable Items. The following items are non-returnable and non-refundable: (a) items designated as “final sale,” “non-returnable,” or “as-is” on the Site; (b) customized, personalized, or made-to-order items; (c) digital products, downloadable content, and Services once accessed or downloaded; (d) gift cards; (e) items that have been used, damaged, altered, or are not in original condition; (f) items returned without original packaging or accessories; (g) items returned after the return period has expired; (h) discontinued or obsolete items; and (i) any other items designated as non-returnable on the Site or at the time of purchase.

6.4 Return Procedure. To initiate a return, Buyer must: (a) contact Company to obtain a Return Merchandise Authorization (RMA) number; (b) pack the Goods securely in their original packaging; (c) clearly mark the RMA number on the outside of the package; and (d) ship the Goods to the address provided by Company. Buyer is responsible for all return shipping costs unless the return is due to Company’s error or defective merchandise.

6.5 Risk of Return Shipment. Buyer bears the risk of loss or damage during return shipment. Company strongly recommends that Buyer obtain shipping insurance and use a trackable shipping method for all returns. Company is not responsible for returns that are lost, damaged, or not received.

6.6 Refund Processing. Once Company receives and inspects the returned Goods, Company will process Buyer’s refund within fourteen (14) business days. Refunds will be credited to Buyer’s original payment method. Buyer’s financial institution may take additional time to post the refund to Buyer’s account.

6.7 Refund Amounts. Refunds will be issued for the purchase price of the returned Goods, less: (a) original shipping and handling charges (unless the return is due to Company’s error or defective merchandise); and (b) a restocking fee of twenty percent (20%) of the purchase price (unless the return is due to Company’s error or defective merchandise).

6.8 Defective or Incorrect Items. If Buyer receives defective, damaged, or incorrect items, Buyer must notify Company within seven (7) days of delivery. Company will, at its option: (a) replace the defective or incorrect item; (b) repair the defective item; or (c) issue a full refund including shipping charges. Buyer must return the defective or incorrect item to Company at Company’s expense.

6.9 Exchanges. Company does not offer direct exchanges. Buyer must return the original item for a refund and place a new Order for the desired item.

ARTICLE 7: REPRESENTATIONS AND WARRANTIES

7.1 Buyer’s Representations and Warranties. Buyer represents and warrants to Company that:

(a) Buyer has the full right, power, and authority to enter into this Agreement and to perform Buyer’s obligations hereunder without violating any applicable law, rule, regulation, or agreement with any third party;

(b) Buyer has the legal right to use the payment method provided and all payment information is accurate and complete;

(c) All information provided by Buyer in connection with any Order is true, accurate, current, and complete;

(d) Buyer is purchasing Products for Buyer’s own personal or internal business use and not for resale, distribution, or export;

(e) Buyer will use all Products in compliance with applicable laws, regulations, and the intended purpose of the Products;

(f) Buyer will not use any Product in any manner that infringes any third party’s Intellectual Property Rights or other rights; and

(g) Buyer meets the age and capacity requirements set forth in this Agreement.

7.2 Company’s Limited Warranty. Company warrants that Goods sold hereunder will be free from material defects in materials and workmanship for a period of thirty (30) days from the date of delivery (the “Warranty Period”). This warranty does not cover: (a) normal wear and tear; (b) damage caused by misuse, abuse, neglect, accident, or improper handling; (c) damage caused by unauthorized modification or repair; (d) damage caused by use inconsistent with Product instructions or specifications; or (e) items designated as “sold as-is” or without warranty.

7.3 Warranty Remedies. If a defect covered by the limited warranty is discovered during the Warranty Period and Buyer notifies Company in writing within such period, Company will, at its sole option: (a) repair the defective Goods; (b) replace the defective Goods with Goods of equal or comparable value; or (c) refund the purchase price of the defective Goods. This is Buyer’s sole and exclusive remedy for any breach of the limited warranty.

7.4 Manufacturer’s Warranty. Certain Products may be covered by a manufacturer’s warranty in addition to or in lieu of Company’s limited warranty. The terms of any manufacturer’s warranty will be included with the Product or available from the manufacturer. Buyer may avail itself of any manufacturer’s warranty by following the instructions provided by the manufacturer. Company is not responsible for any breach of, or failure to honor, any manufacturer’s warranty.

ARTICLE 8: DISCLAIMER OF WARRANTIES

8.1 As-Is Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 7.2, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.2 Disclaimer of Implied Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY; (B) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTIES OF TITLE; (D) IMPLIED WARRANTIES OF NON-INFRINGEMENT; AND (E) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

8.3 Third-Party Products. COMPANY DOES NOT MANUFACTURE ALL OF THE PRODUCTS OFFERED ON THE SITE. THE AVAILABILITY OF THIRD-PARTY PRODUCTS ON THE SITE DOES NOT CONSTITUTE AN AFFILIATION WITH OR ENDORSEMENT OF SUCH PRODUCTS OR THEIR MANUFACTURERS. BUYER ACKNOWLEDGES AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING FROM THIRD-PARTY PRODUCTS, INCLUDING ANY PRODUCT LIABILITY CLAIMS, AND THAT BUYER’S SOLE REMEDY FOR SUCH CLAIMS SHALL BE AGAINST THE MANUFACTURER.

8.4 No Reliance. No advice or information, whether oral or written, obtained by Buyer from Company or through the Site shall create any warranty not expressly stated in this Agreement.

ARTICLE 9: LIMITATION OF LIABILITY

9.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) SHALL NOT BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS, REVENUE, OR REPUTATION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, ARISING OUT OF OR RELATING TO:

(A) THE PURCHASE, USE, OR INABILITY TO USE ANY PRODUCT;

(B) ANY DEFECT, ERROR, OR NONCONFORMITY IN ANY PRODUCT;

(C) ANY DELAY OR FAILURE IN DELIVERY;

(D) ANY THIRD-PARTY PRODUCTS, CONTENT, OR SERVICES;

(E) ANY UNAUTHORIZED ACCESS TO OR USE OF BUYER’S ACCOUNT OR DATA;

(F) ANY MANUFACTURER’S WARRANTY CLAIMS OR FAILURES; OR

(G) ANY OTHER MATTER RELATING TO ANY PRODUCT OR THIS AGREEMENT.

9.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES TO BUYER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

9.3 BASIS OF THE BARGAIN. BUYER ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THIS AGREEMENT REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES, FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9.4 JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE EXTENT COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF COMPANY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

ARTICLE 10: INDEMNIFICATION

10.1 INDEMNIFICATION BY BUYER. BUYER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO:

(A) BUYER’S PURCHASE OR USE OF ANY PRODUCT;

(B) BUYER’S BREACH OF ANY TERM, CONDITION, REPRESENTATION, OR WARRANTY IN THIS AGREEMENT;

(C) BUYER’S VIOLATION OF ANY APPLICABLE LAW, RULE, REGULATION, OR THIRD-PARTY RIGHT;

(D) ANY CLAIM THAT BUYER’S USE OF A PRODUCT INFRINGES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS;

(E) BUYER’S PROVISION OF FALSE, INACCURATE, OR MISLEADING INFORMATION;

(F) BUYER’S NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD;

(G) ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY BUYER’S USE OF ANY PRODUCT; AND

(H) ANY CHARGEBACKS, PAYMENT DISPUTES, OR FRAUDULENT PAYMENT ACTIVITY INITIATED BY BUYER OR ON BUYER’S BEHALF.

10.2 INDEMNIFICATION PROCEDURES. COMPANY SHALL PROVIDE BUYER WITH: (A) PROMPT WRITTEN NOTICE OF ANY CLAIM FOR WHICH INDEMNIFICATION IS SOUGHT (PROVIDED THAT FAILURE TO PROVIDE SUCH NOTICE SHALL NOT RELIEVE BUYER OF BUYER’S INDEMNIFICATION OBLIGATIONS EXCEPT TO THE EXTENT BUYER IS MATERIALLY PREJUDICED BY SUCH FAILURE); (B) REASONABLE COOPERATION IN THE DEFENSE OF SUCH CLAIM, AT BUYER’S EXPENSE; AND (C) SOLE CONTROL OVER THE DEFENSE AND SETTLEMENT OF SUCH CLAIM, PROVIDED THAT BUYER SHALL NOT SETTLE ANY CLAIM WITHOUT COMPANY’S PRIOR WRITTEN CONSENT IF SUCH SETTLEMENT WOULD REQUIRE COMPANY TO ADMIT LIABILITY, PAY MONEY, OR TAKE OR REFRAIN FROM TAKING ANY ACTION.

10.3 SURVIVAL. BUYER’S INDEMNIFICATION OBLIGATIONS UNDER THIS ARTICLE 10 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND THE COMPLETION OF ANY TRANSACTION.

ARTICLE 11: INTELLECTUAL PROPERTY

11.1 Company’s Intellectual Property. All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio, video, software, and the selection and arrangement thereof, is owned by Company or its licensors and is protected by copyright, trademark, and other Intellectual Property Rights. The Infinitely Big name, Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company.

11.2 Limited License. Subject to Buyer’s compliance with this Agreement, Company grants Buyer a limited, non-exclusive, non-transferable, revocable license to access the Site and use Products purchased for Buyer’s personal or internal business purposes only. This license does not include the right to: (a) resell or commercially exploit any Product or Site content; (b) copy, reproduce, distribute, or publicly display any Product or Site content; (c) modify or create derivative works from any Product or Site content; or (d) use any data mining, robots, or similar data gathering methods.

11.3 Restrictions. Buyer shall not: (a) remove, alter, or obscure any copyright, trademark, or other proprietary notices on any Product; (b) use any Company trademark, logo, or branding without Company’s prior written consent; (c) represent that Buyer is affiliated with or endorsed by Company; or (d) use any Product in any manner that infringes Company’s or any third party’s Intellectual Property Rights.

ARTICLE 12: PRIVACY AND DATA PRACTICES

12.1 Privacy Policy. Buyer’s Personal Data is subject to Company’s Privacy Policy, which is incorporated herein by reference. By placing an Order, Buyer consents to Company’s collection, use, and disclosure of Personal Data as described in the Privacy Policy.

12.2 Order Communications. By placing an Order, Buyer consents to receive transactional communications from Company related to Buyer’s Order, including order confirmations, shipping notifications, delivery updates, and customer service communications. Buyer may also receive marketing communications if Buyer has opted in to receive such communications.

12.3 Data Security. Company employs reasonable administrative, technical, and physical safeguards to protect Buyer’s Personal Data. However, no method of transmission over the Internet or electronic storage is completely secure, and Company cannot guarantee absolute security.

ARTICLE 13: FORCE MAJEURE

13.1 Force Majeure Events. Company shall not be held responsible or liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay results from causes beyond Company’s reasonable control, including but not limited to: acts of God; natural disasters; war; terrorism; riots; civil unrest; epidemics; pandemics; government actions, orders, or restrictions; labor disputes; strikes; lockouts; fires; explosions; power failures; internet or telecommunications failures; cyberattacks; carrier delays; supplier delays or failures; shortage of materials; or any other event beyond Company’s reasonable control (each, a “Force Majeure Event”).

13.2 Effect of Force Majeure. If a Force Majeure Event occurs, Company will notify Buyer as soon as reasonably practicable and will use reasonable efforts to mitigate the effects of the Force Majeure Event. Company’s obligations under this Agreement will be suspended for the duration of the Force Majeure Event. If a Force Majeure Event continues for more than sixty (60) days, either Party may terminate the affected Order upon written notice to the other Party.

ARTICLE 14: GOVERNING LAW AND JURISDICTION

14.1 Good Faith Negotiation. In the event of any dispute arising out of or relating to this Agreement or any transaction hereunder, the Parties shall first attempt to resolve the dispute through good faith negotiations between their respective authorized representatives for a period of at least thirty (30) days following written notice of the dispute.

14.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

14.3 Exclusive Jurisdiction and Venue. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Mecklenburg County, North Carolina for any dispute arising out of or relating to this Agreement. Each Party hereby irrevocably waives any objection to the laying of venue in such courts and any claim that such courts represent an inconvenient forum.

14.4 Attorneys’ Fees. In any action or proceeding to enforce this Agreement, the Company shall be entitled to recover its reasonable attorneys’ fees, court costs, and other expenses incurred in connection with such action or proceeding. 

14.5 Statute of Limitations. BUYER AGREES THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PURCHASE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

14.6 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. BUYER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION AGAINST COMPANY.

ARTICLE 15: GENERAL PROVISIONS

15.1 Entire Agreement. This Agreement, together with the Order Confirmation, Company’s Privacy Policy, Website Terms of Use, and any additional terms provided in connection with specific Products or promotions, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications, agreements, and understandings, whether electronic, oral, or written.

15.2 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing. No failure or delay by Company in exercising any right, power, or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof.

15.4 Assignment. Buyer shall not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without Company’s prior written consent. Company may freely assign this Agreement without restriction, including in connection with a merger, acquisition, or sale of assets. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.

15.5 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

15.6 Independent Contractors. Nothing in this Agreement shall be construed to constitute either Party as a partner, joint venturer, employee, or agent of the other Party. Neither Party has the right or authority to bind the other Party in any way.

15.7 Headings. The headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement.

15.8 Construction. This Agreement shall be construed without regard to any presumption or rule requiring construction against the Party causing this Agreement or any part thereof to be drafted. The terms “include,” “includes,” and “including” shall be deemed to be followed by “without limitation.”

15.9 Survival. The following provisions shall survive termination or expiration of this Agreement or the completion of any transaction: Articles 1 (Definitions), 7 (Representations and Warranties), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Intellectual Property), 12 (Privacy), 14 (Governing Law), and 15 (General Provisions).

15.10 Notices. Company may provide notices to Buyer by: (a) email to the address associated with Buyer’s Order; (b) regular mail to the address provided; or (c) posting on the Site. Buyer is responsible for ensuring accurate contact information. Buyer may contact Company at:

Infinitely Big Inc

201 Shannon Oaks Circle, Suite 102

Cary, NC 27511

Email: info@infinitelybig.com

Website: www.infinitelybig.com

ACKNOWLEDGMENT AND ACCEPTANCE

BY PLACING AN ORDER ON THE SITE, BUYER ACKNOWLEDGES AND AGREES THAT:

(1) BUYER HAS READ THIS ENTIRE AGREEMENT AND UNDERSTANDS ITS TERMS;

(2) BUYER VOLUNTARILY AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT;

(3) BUYER MEETS THE AGE AND CAPACITY REQUIREMENTS SET FORTH HEREIN;

(4) BUYER’S PLACEMENT OF AN ORDER CONSTITUTES BUYER’S LEGALLY BINDING ACCEPTANCE OF THIS AGREEMENT;

(5) BUYER INTENDS TO BE LEGALLY BOUND BY THIS AGREEMENT; AND

(6) BUYER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST COMPANY.

IF BUYER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, BUYER MUST NOT PLACE ANY ORDER OR MAKE ANY PURCHASE ON THE SITE.