TERMS OF USE

Effective Date: August 6, 2026
Last Updated: August 6, 2026

These Terms of Use (these “Terms”) govern access to and use of the websites, landing pages, online forms, advertisements, applications, content, and other online services operated by or on behalf of PowderDay LLC that display or link to these Terms (collectively, the “Services”).

The Services are operated by PowderDay LLC, a Colorado limited liability company, with a mailing address at 6834 South University Boulevard, #102, Centennial, Colorado 80122. As used in these Terms, “PowderDay,” “Company,” “we,” “us,” and “our” refer to PowderDay LLC, and “you” and “your” refer to each person or entity accessing or using the Services.

1. ACCEPTANCE OF TERMS

By accessing or using the Services, submitting information through the Services, or selecting a button or checkbox indicating your agreement, you acknowledge that you have read, understood, and agreed to be bound by these Terms, the PowderDay Privacy Policy, any consent language or disclosures presented in connection with a particular form, advertisement, campaign, promotion, or service, and all applicable federal, state, and local laws and regulations.

If you do not agree to these Terms, you must not access or use the Services or submit information through the Services.

If you access or use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you possess the authority to bind that entity to these Terms. In such circumstances, the terms “you” and “your” include both you individually and the entity on whose behalf you are acting.

2. MODIFICATION OF TERMS

PowderDay may revise or update these Terms from time to time to reflect changes in the Services, applicable law, regulatory requirements, technology, or Company business practices. Any revised Terms will be posted through the Services and will identify the date on which they were last updated.

Unless otherwise stated, revised Terms become effective upon posting. Your continued access to or use of the Services after revised Terms become effective constitutes your acceptance of those revised Terms. This provision does not replace or eliminate any requirement that PowderDay obtain affirmative consent when such consent is required by applicable law.

3. ELIGIBILITY

You must be at least eighteen years of age and legally capable of entering into a binding contract to use the Services or submit an inquiry through the Services. The Services are not intended for children under thirteen years of age or for any person legally prohibited from using them.

By accessing or using the Services, you represent and warrant that you are at least eighteen years old, possess the legal capacity to agree to these Terms, are authorized to provide any information submitted through the Services, and will use the Services in compliance with all applicable laws and regulations.

4. DESCRIPTION OF SERVICES

PowderDay is an online marketing and lead-generation company. Depending upon the applicable website, advertisement, campaign, or landing page, the Services may allow users to request information concerning a product or service, request a quotation, consultation, estimate, or follow-up communication, submit information regarding their interests, needs, circumstances, or qualifications, be matched or connected with one or more independent businesses, access informational or promotional content, or communicate with PowderDay or an independent advertiser or service provider.

PowderDay may collect, process, verify, supplement, evaluate, qualify, route, license, transfer, or otherwise provide consumer inquiries to businesses that may be able to respond to those inquiries.

Unless expressly stated otherwise in writing, PowderDay is not the provider, manufacturer, seller, lender, broker, insurer, contractor, dealer, professional, or supplier of any product or service advertised or referenced through the Services, does not make lending, credit, insurance, employment, housing, eligibility, underwriting, or professional-service decisions, does not guarantee that a user will be matched with a provider, does not guarantee that a provider will contact a user, does not guarantee that a user will qualify for or receive any product, service, rate, price, approval, discount, savings, or other benefit, and is not a party to any transaction, agreement, engagement, or dispute between a user and a third-party provider.

5. INDEPENDENT THIRD-PARTY PROVIDERS

Any business receiving or responding to an inquiry generated through the Services is an independent third party. Unless expressly stated otherwise in a written agreement signed by PowderDay, no third-party provider is an employee, agent, partner, joint venturer, representative, fiduciary, or affiliate of PowderDay.

Third-party providers independently control the products and services they offer, their prices, rates, fees, qualifications, availability, geographic service areas, licenses, professional credentials, underwriting criteria, eligibility standards, representations, communications, customer-service practices, contractual terms, performance, and collection and use of personal information.

PowderDay does not direct or control the actions or performance of independent third-party providers and does not endorse, warrant, recommend, or guarantee any provider solely because that provider receives an inquiry or appears through the Services.

Before purchasing a product, retaining a service provider, or entering into any agreement, you should independently investigate the applicable provider, confirm its licenses, credentials, insurance, and qualifications, obtain appropriate legal, financial, tax, or other professional advice, and carefully review all contracts, disclosures, warranties, prices, rates, fees, qualifications, exclusions, and other material terms.

6. NO PROFESSIONAL ADVICE

All content made available through the Services is provided for general informational, advertising, and marketing purposes only. Unless PowderDay expressly agrees otherwise in a separate written agreement, the Services do not provide legal, tax, accounting, investment, financial, lending, credit, insurance, medical, real estate brokerage, appraisal, engineering, architectural, construction, or other regulated professional advice.

You should consult a properly licensed and qualified professional before making any decision requiring professional judgment. Nothing contained in or provided through the Services creates an attorney-client, accountant-client, broker-client, fiduciary, financial-adviser, medical-provider, contractor-client, or other professional relationship between you and PowderDay.

7. USER-SUBMITTED INFORMATION

When submitting information through the Services, you agree to provide information that is complete, current, accurate, and not misleading. You may not submit information belonging to another person without that person’s authorization, a telephone number or email address that you do not own or are not authorized to use, false, fabricated, fraudulent, deceptive, or misleading information, information submitted for an unlawful, abusive, or harassing purpose, malicious code, files, links, or instructions, information intended to impersonate another person or entity, content that violates or infringes another person’s legal or intellectual-property rights, or highly sensitive information unless the applicable form specifically requests that information and explains the reason for collecting it.

You are responsible for reviewing all information before submitting it through the Services. PowderDay may, but is not obligated to, verify, investigate, correct, supplement, reject, filter, restrict, or remove submitted information. PowderDay may decline to process an inquiry that appears to be fraudulent, inaccurate, incomplete, duplicative, unlawful, abusive, unauthorized, or outside the scope of the applicable campaign.

8. AUTHORIZATION TO PROCESS AND TRANSMIT INQUIRIES

By submitting a request for information, quotation, estimate, consultation, appointment, or other assistance through the Services, you authorize PowderDay to receive and process your submission, verify or supplement the information you provide, evaluate and qualify the inquiry, identify potentially relevant businesses, transmit or otherwise disclose the inquiry to the business or businesses identified on or near the applicable form, communicate with you concerning your request, maintain records of the submission and related consent, measure advertising attribution and campaign performance, and otherwise use the information as described in the PowderDay Privacy Policy and any disclosures accompanying the applicable form.

The identity and number of potential recipients, the categories of potential recipients, and the purposes for which submitted information may be used will vary by campaign and should be disclosed through the applicable form, advertisement, landing page, or privacy notice.

Submitting an inquiry does not obligate you to purchase any property, goods, or services, enter into any contract, or accept any offer from PowderDay or a third party.

9. TELEPHONE CALLS, TEXT MESSAGES, AND EMAIL COMMUNICATIONS

9.1 Separate Marketing Consent

When a form includes consent to receive marketing telephone calls, text messages, or emails, that consent will be governed by the specific disclosure presented in connection with the form. You are responsible for reviewing the applicable disclosure before submitting the form.

Where required by law, the applicable disclosure will identify the business or businesses authorized to contact you and will state whether communications may include marketing or promotional messages, calls made using an automatic telephone dialing system, calls using artificial or prerecorded voice technology, text messages sent through automated technology, or other automated communications.

Consent to receive marketing calls or text messages is not a condition of purchasing any property, goods, or services.

9.2 Communications Concerning a Request

Even when you have not separately consented to receive general promotional communications, PowderDay or a business identified in connection with your inquiry may contact you to respond to, verify, confirm, process, or complete the specific request you submitted, to the extent permitted by applicable law.

9.3 Telecommunications Charges

Standard telephone, message, and data rates may apply to calls and text messages sent or received in connection with the Services. Message frequency may vary. PowderDay is not responsible for any fee, charge, or expense imposed by your telephone, internet, or telecommunications provider.

9.4 Revocation and Opt-Out Rights

You may withdraw consent to receive text messages by replying “STOP” to the sending number. You may request that telephone calls stop by informing the caller or following any opt-out method provided during the communication. You may unsubscribe from promotional email communications by selecting the unsubscribe link contained in the applicable email.

A request to stop marketing communications does not prevent PowderDay or another authorized party from sending communications that are transactional, legally required, security-related, necessary to administer an active request, or otherwise permitted by law.

10. PRIVACY

PowderDay’s collection, use, retention, processing, and disclosure of personal information are described in the PowderDay Privacy Policy, which is incorporated into these Terms by reference.

If a conflict exists between these Terms and the Privacy Policy regarding the processing of personal information, the Privacy Policy will govern. Third-party businesses may collect and process personal information pursuant to their own privacy notices and policies. PowderDay is not responsible for the privacy, security, or information-handling practices of independent third parties.

11. LIMITED LICENSE AND PERMITTED USE

Subject to your compliance with these Terms, PowderDay grants you a limited, personal, revocable, nonexclusive, nontransferable, and nonsublicensable right to access and use the Services for lawful personal purposes or legitimate internal business purposes consistent with the functionality made available through the applicable website, advertisement, campaign, or form.

No ownership interest or other right in the Services or any PowderDay intellectual property is transferred to you. All rights not expressly granted under these Terms are reserved by PowderDay and its licensors.

12. PROHIBITED CONDUCT

You shall not use the Services for any unlawful, fraudulent, deceptive, misleading, harassing, or abusive purpose, submit false, fraudulent, or unauthorized inquiries, impersonate another person or entity, threaten, deceive, exploit, or harm another person, interfere with the operation, integrity, performance, or security of the Services, attempt to gain unauthorized access to any account, system, server, database, device, or network, introduce viruses, malware, ransomware, malicious code, corrupted files, or other harmful technology, scan or test the vulnerability of the Services without prior written authorization, circumvent authentication, access, security, usage, consent, or rate-limiting controls, use any bot, crawler, scraper, spider, script, or automated data-extraction tool except as expressly authorized, harvest names, addresses, telephone numbers, email addresses, or other information from the Services, copy, reproduce, republish, modify, distribute, sell, license, display, transmit, or commercially exploit content obtained through the Services without authorization, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying technology, frame, mirror, or display the Services within another website or service without authorization, remove, conceal, or modify copyright, trademark, attribution, or proprietary notices, use PowderDay’s name, trademarks, content, or branding in a manner suggesting sponsorship, approval, affiliation, or endorsement, use information obtained through the Services to send unlawful or unauthorized marketing communications, access the Services for competitive intelligence, benchmarking, data harvesting, or development of a competing product or service, interfere with another person’s access to or use of the Services, or assist another person in engaging in prohibited conduct.

PowderDay may suspend, restrict, or terminate access to the Services when it reasonably believes that a user has violated these Terms or created a legal, operational, security, reputational, or consumer-protection risk.

13. INTELLECTUAL PROPERTY

The Services and all materials made available through them are owned by or licensed to PowderDay and are protected under United States and international copyright, trademark, trade-secret, patent, and other intellectual-property laws.

Protected materials may include text, graphics, logos, trademarks, service marks, trade names, photographs, illustrations, videos, audio recordings, advertisements, website designs, page layouts, software, source code, object code, databases, forms, campaign structures, reports, compilations, data arrangements, and other content or materials.

Except for the limited right to access and use the Services expressly granted under these Terms, no right, title, license, or ownership interest in any PowderDay intellectual property is conveyed to you. You may not use the PowderDay name, logo, trademarks, service marks, trade dress, domain names, or other branding without PowderDay’s prior written consent.

14. FEEDBACK

If you voluntarily provide PowderDay with any suggestion, idea, proposal, recommendation, comment, enhancement request, or other feedback concerning the Services, you grant PowderDay a worldwide, perpetual, irrevocable, nonexclusive, transferable, sublicensable, fully paid, and royalty-free right to use, reproduce, modify, adapt, distribute, publish, display, perform, commercialize, and incorporate such feedback into any product, service, or business activity without compensation, attribution, restriction, or obligation to you.

You should not provide confidential, proprietary, or legally protected information as feedback.

15. THIRD-PARTY CONTENT, ADVERTISEMENTS, AND LINKS

The Services may contain advertisements, embedded tools, integrations, links, references, or other access to third-party websites, applications, products, and services.

PowderDay does not own or control third-party resources and is not responsible for their availability, accuracy, completeness, legality, content, security, privacy practices, products, services, representations, pricing, qualifications, contractual terms, or performance.

Your access to and use of third-party resources are governed by the applicable third party’s own agreements, disclosures, privacy policies, and business practices. The appearance of a link, advertisement, referral, listing, or integration through the Services does not, by itself, constitute an endorsement, warranty, recommendation, or representation by PowderDay.

16. OFFERS, RATES, PRICES, AND AVAILABILITY

Advertisements and informational content presented through the Services may describe products, services, prices, rates, savings, qualifications, promotions, eligibility criteria, or other offers provided by independent third parties.

Unless expressly stated otherwise in writing, offers are subject to change or withdrawal without notice, availability may be limited, advertised prices and rates are not guaranteed, underwriting or eligibility requirements may apply, geographic restrictions may apply, taxes, fees, costs, conditions, and exclusions may apply, photographs or images may be illustrative, prior results do not guarantee future results, and final terms will be determined solely by the applicable third-party provider.

You are responsible for independently confirming all material terms directly with the applicable provider before entering into any agreement or transaction.

17. NO GUARANTEE OF RESULTS

PowderDay does not guarantee that the Services will satisfy your expectations or requirements, an inquiry will be accepted, processed, qualified, transmitted, or delivered, a provider will receive or respond to an inquiry, a provider will be available within your location, you will qualify for an advertised product, service, price, rate, saving, approval, discount, or benefit, a provider’s representations or statements will be accurate or complete, a transaction will be completed, or use of the Services will produce any particular result.

Any decision to communicate with, retain, hire, purchase from, contract with, disclose information to, or otherwise transact with a third party is made at your sole discretion and risk.

18. AVAILABILITY AND MODIFICATION OF SERVICES

PowderDay may modify, suspend, discontinue, restrict, replace, or remove any portion of the Services at any time, with or without notice, subject to applicable law.

The Services may become temporarily or permanently unavailable because of maintenance, software defects, hardware failures, cybersecurity incidents, vendor failures, telecommunications outages, network interruption, legal or regulatory requirements, governmental action, or other circumstances.

PowderDay has no obligation to maintain any particular website, campaign, advertisement, feature, form, content, or service for any specified period.

19. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

POWDERDAY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SECURITY, QUIET ENJOYMENT, COURSE OF DEALING, AND USAGE OF TRADE.

POWDERDAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, THAT DEFECTS OR ERRORS WILL BE IDENTIFIED OR CORRECTED, THAT THE SERVICES OR THE SYSTEMS THROUGH WHICH THEY ARE PROVIDED WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, THAT INFORMATION OR DATA WILL NOT BE LOST, CORRUPTED, INTERCEPTED, OR DISCLOSED, THAT THIRD PARTIES WILL ACT OR PERFORM AS EXPECTED, OR THAT USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR OUTCOME OR RESULT.

Certain jurisdictions do not permit the exclusion of particular warranties. In those jurisdictions, the foregoing exclusions shall apply only to the maximum extent permitted by law.

20. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POWDERDAY AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, VENDORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF REPLACEMENT OR SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM A THIRD-PARTY PRODUCT, SERVICE, COMMUNICATION, REPRESENTATION, OR TRANSACTION.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, EQUITY, OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF WHETHER POWDERDAY WAS ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF POWDERDAY AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, VENDORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID DIRECTLY TO POWDERDAY FOR ACCESS TO OR USE OF THE SERVICES DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

The limitations contained in this Section shall not apply to liability that cannot lawfully be limited or excluded.

21. RELEASE CONCERNING THIRD PARTIES

To the fullest extent permitted by applicable law, you release PowderDay and its members, managers, officers, directors, employees, contractors, and affiliates from any claim, demand, liability, loss, damage, cost, or expense arising out of or relating to the acts or omissions of a third party, a communication received from a third party, a third-party product or service, a transaction or proposed transaction between you and a third party, a dispute between you and a third party, or a third party’s collection, use, retention, disclosure, or protection of information outside PowderDay’s reasonable control.

This release does not apply to any claim or liability that cannot lawfully be waived or released.

22. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PowderDay and its members, managers, officers, directors, employees, contractors, affiliates, licensors, vendors, and service providers from and against any claim, demand, action, proceeding, liability, judgment, settlement, loss, damage, penalty, fine, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to your unlawful or unauthorized use of the Services, information or content submitted by you, your violation of these Terms, your violation of applicable law, your infringement or violation of another person’s rights, your fraud, willful misconduct, or negligence, or a transaction or dispute between you and a third party caused by your acts or omissions.

PowderDay may elect to assume exclusive control over the defense and settlement of any matter subject to indemnification, in which event you agree to provide reasonable cooperation. This Section does not require a consumer to indemnify PowderDay for PowderDay’s own unlawful conduct, gross negligence, or willful misconduct.

23. SUSPENSION AND TERMINATION

PowderDay may suspend, restrict, or terminate your access to the Services if PowderDay reasonably believes that you have violated these Terms, your use of the Services presents a legal, security, operational, reputational, or consumer-protection risk, a submission is fraudulent, false, abusive, or unauthorized, suspension or termination is reasonably necessary to protect PowderDay, consumers, service providers, or other third parties, a law, regulation, court order, subpoena, governmental request, or legal obligation requires such action, or the Services have been discontinued.

You may discontinue your use of the Services at any time. Any provision of these Terms that by its nature should survive suspension or termination shall survive, including provisions relating to intellectual property, feedback, disclaimers, limitations of liability, releases, indemnification, dispute resolution, governing law, and interpretation.

24. COPYRIGHT COMPLAINTS

PowderDay respects intellectual-property rights. A copyright owner or authorized agent who believes that material made available through the Services infringes a copyright may submit a written notice identifying the copyrighted work claimed to have been infringed, identifying the allegedly infringing material and its location, providing the complaining party’s name, address, telephone number, and email address, stating that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law, stating under penalty of perjury that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner, and containing the physical or electronic signature of the copyright owner or authorized agent.

Copyright notices should be sent to PowderDay LLC, Attn: Copyright Notice, 6834 South University Boulevard, #102, Centennial, Colorado 80122.

A person who knowingly submits a materially false copyright-infringement notice may be liable for resulting damages, costs, and attorneys’ fees.

25. ELECTRONIC COMMUNICATIONS AND SIGNATURES

By using the Services, you consent to conducting transactions and receiving records, notices, disclosures, agreements, and communications electronically, to the extent permitted by applicable law.

Electronic communications may include website disclosures, electronic forms, confirmation pages, emails, text messages, electronically stored records, and notices posted through the Services. You agree that electronic records, acknowledgments, and signatures may satisfy any legal requirement that a communication, disclosure, notice, agreement, or signature be in writing.

You are responsible for maintaining a valid email address, telephone number, internet connection, and device capable of receiving and accessing electronic communications. You may retain electronic communications by downloading, printing, or electronically saving them.

26. GOVERNING LAW

These Terms, the Services, and any dispute, claim, or controversy arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to Colorado’s conflict-of-laws principles.

The Federal Arbitration Act shall apply only if the parties separately enter into an enforceable written arbitration agreement. Nothing in these Terms shall deprive a consumer of any nonwaivable protection provided under the law of the consumer’s state of residence.

27. VENUE AND JURISDICTION

Subject to applicable consumer-protection law and any valid small-claims procedure, each legal action or proceeding arising out of or relating to these Terms or the Services shall be commenced exclusively in the state courts located in Arapahoe County, Colorado, or the United States District Court for the District of Colorado.

You and PowderDay consent to the personal jurisdiction of those courts and waive any objection based upon improper venue or inconvenient forum, except to the extent such waiver is prohibited by law. An eligible claim may be brought in a small-claims court possessing lawful jurisdiction.

28. LIMITATION PERIOD FOR CLAIMS

To the fullest extent permitted by applicable law, any claim arising out of or relating to the Services or these Terms must be commenced within one year after the claim accrued. Any claim not commenced within that period shall be permanently barred.

This contractual limitation does not apply when a longer period is required by applicable law or when the applicable limitations period cannot lawfully be shortened by agreement.

29. INFORMAL DISPUTE RESOLUTION

Before filing a lawsuit, the party asserting a dispute should provide the other party with written notice identifying the claimant’s name and contact information, describing the relevant facts and circumstances, identifying the legal or contractual basis of the dispute, and stating the relief requested.

A dispute notice directed to PowderDay must be mailed to the address provided in Section 36 and conspicuously marked “Legal Dispute Notice.”

The parties shall attempt in good faith to resolve the dispute for a period of at least thirty days following receipt of the notice before commencing litigation, unless immediate relief is reasonably necessary, an applicable limitations period may expire, the claim qualifies for small-claims court, intellectual-property, privacy, or security rights require immediate protection, or applicable law prohibits or excuses the delay.

30. NO WAIVER OF GOVERNMENTAL OR STATUTORY RIGHTS

Nothing in these Terms prevents you from filing a complaint with a federal, state, or local governmental or regulatory agency, communicating with a regulator or law-enforcement authority, cooperating with an investigation, reporting suspected unlawful activity, responding truthfully to a governmental request, or exercising any legal right that cannot lawfully be waived.

31. FORCE MAJEURE

PowderDay shall not be liable or responsible for any delay, interruption, or failure to perform caused by circumstances beyond its reasonable control, including natural disaster, fire, flood, severe weather, epidemic, pandemic, war, terrorism, civil unrest, labor dispute, utility interruption, telecommunications outage, internet failure, cyberattack, vendor failure, supply-chain interruption, governmental action, change in law, regulatory order, or other event of force majeure.

32. ASSIGNMENT

You may not assign, delegate, or transfer any right or obligation under these Terms without PowderDay’s prior written consent. Any attempted assignment made without such consent shall be void.

PowderDay may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, reorganization, financing, change of control, corporate restructuring, or transfer of all or any material portion of the Services or PowderDay’s business.

33. SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be modified and enforced to the maximum extent permitted by law. If modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect.

34. WAIVER

PowderDay’s failure or delay in enforcing any provision of these Terms shall not constitute a waiver of that provision or of PowderDay’s right to enforce it in the future. No waiver shall be effective unless it is in writing and signed by an authorized representative of PowderDay.

35. ENTIRE AGREEMENT; ORDER OF PRECEDENCE

These Terms, the PowderDay Privacy Policy, and any additional terms, notices, disclosures, or consents presented in connection with a particular Service constitute the entire agreement between you and PowderDay concerning your access to and use of the Services and supersede all prior and contemporaneous oral and written communications concerning the same subject matter.

In the event of a conflict, specific terms or disclosures presented in connection with a particular form, campaign, promotion, or transaction shall govern that form, campaign, promotion, or transaction, the Privacy Policy shall govern the collection, use, processing, disclosure, retention, and protection of personal information, and these Terms shall govern the general access to and use of the Services.

36. CONTACT INFORMATION

Questions, notices, or concerns regarding these Terms may be directed to:

PowderDay LLC
Attn: Legal
6834 South University Boulevard, #102
Centennial, Colorado 80122