1. General

1.1     The purpose of the Site is to provide general and business information about CFS and to enable the use of (i) its real estate platform that provides detailed information to assist real estate agents, brokers, sellers, buyers, lenders, and retailers in making informed decisions related to the purchase, sale, and leasing of national and regional retail properties, including predictions about tenancy duration and various related factors and (ii) any other products and services as may be offered by us from time to time through the Site (collectively, the "Services"). We reserve the right to limit the use of any part of the Site to any person, geographic region, or jurisdiction.

1.2     The Services may include tools and information that assist you in evaluating data and making decisions regarding your real estate transactions. We strongly recommend that you use the Services as one important tool, along with your independent research and investigation, to make a better decision about your real estate goals. You assume full responsibility with respect to your decisions and transactions using the Services.

1.3     Additionally, you acknowledge and agree that CFS does not provide the following services through the Site and bears no responsibility or liability for the following activities, among others: (i) lease or purchase transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications; or (ii) legal, brokerage, or other related professional services or advice. In the event that you need or desire such services or need assistance with such services, you are responsible for obtaining them from a third party.

2. Site Use

2.1     These Terms (including all terms and conditions expressly incorporated by reference herein) is the legal agreement between you and CFS that governs the access to, browsing, and use of the Site, whether as a guest or an authorized user. By accessing the Site, you accept to be bound by these Terms. In case you do not agree with any term or condition set forth herein, you must refrain from accessing and using the Site and the Services.

2.2     CFS grants you a personal, non-exclusive right to use the Site. We may, in our sole discretion, change of discontinue any or all aspects of the Site at any time, without notice, and without liability to you. The Site remains the sole property of CFS or its third-party licensors or providers. The Site is protected by copyright, trademark, and other U.S. and foreign laws. Other than as expressly set forth herein, these Terms do not grant you any right, title, or interest in the Site or CFS trademarks, logos, or other brand features.

2.3     If you are using the Site on behalf of a corporation or other entity, you represent and warrant that you have the authority to agree to these Terms on behalf of such entity and all references to “you” throughout these Terms will include such entity, jointly and severally with you personally.

3. Eligibility

3.1     The Site is intended for individuals 18 years and over. If you are creating an Account (as defined in Section 6 below) or otherwise voluntary providing us with personal information, you agree as a condition of use of the Site that they are 18 years of age or older.

3.2     You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If any applicable law, rule, or regulation prohibits you from accessing the Site, you may not access it.

4. Information Available on or from the Site

4.1     As between you and CFS, CFS owns and reserves all right, title, and interest in, and all intellectual property rights related to, the Site and all content made available through the Site, including, but not limited to, all improvements, modifications, and derivative works thereto.

4.2     We make great efforts to ensure that all general, business, and other information available on or from the Site is comprehensive and error-free. However, you acknowledge and accept that all information available on or from the Site is provided for information purposes only, and that CFS does not warrant nor accept any liability for any errors existing in such information.

5. Permitted Use

You may only use the Site for lawful purposes and in accordance with these Terms. All unauthorized use of the Site is strictly prohibited. You agree that you will not (and you agree not to encourage or allow any third party to):

• breach, test, or circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Site or otherwise attempt to gain unauthorized access to the Site, other users’ accounts or CFS’s computer systems or networks;
• copy, modify, translate, adapt, or otherwise create derivative works or improvements (whether or not patentable) of any part of the Site;
• decompile, reverse engineer, disassemble, or decode the Site or otherwise attempt to derive or gain access to the source code of any part of the Site (unless applicable laws specifically prohibit such restriction);
• remove, alter, or obscure any copyright, trademark, or other intellectual property or proprietary notices contained in the Site or content of the Site;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any features or functionality of the Site to any third party for any reason; provided that if you are an real estate agent or a broker, you have the limited right to show and provide 1 copy of each Report (as defined in our Terms of Service) to your customers for the limited purpose of assisting them in making transactional decisions;
• distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast, or otherwise make available or exploit any features or functionality of the Site including though time-sharing, use of service bureau, or by otherwise making the Site available on a network on which it is accessible by more than one device at any time;
• reformat or frame any portion of the web pages that are part of the Site without CFS’s written consent;
• cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
• collect or store personal data about any other user without such user’s express prior written consent;
• transmit any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
• otherwise attempt to interfere with the proper working of the Site.

6. Accounts

The Site contains certain areas and contents that are accessible to all persons and contains areas that may be accessed only by valid, active account holders after login with assigned username and password credentials through a personal user account (an "Account"). You shall provide accurate, complete, and current Account information and, as applicable, timely update the same. You are solely responsible for the activity that occurs on the Account and for keeping your Account credentials secure. The log-in details for an Account are for use by a single user only. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You shall remain responsible for the activity arising out of any failure to keep your Account details confidential and notify CFS promptly of any breach of security or any known unauthorized use of the Account. Notwithstanding deletion of the Account, CFS may retain your data as reasonably necessary for compliance with applicable law or as otherwise set forth in our Privacy Statement. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

7. Data Protection and Privacy

Please review the CFS Privacy Statement, which explains CFP’s data security measures and its collection, use, and disclosure of your personal information, including all personal information associated with your use of the Site.

8. User Submissions

8.1     The Site may permit you to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site forms, messages, text, illustrations, files, images, graphics, comments, and other information ("User Submissions"). As between you and CFS, you own and, subject to the licenses granted in these Terms or otherwise permitted by applicable law, reserve all rights, title, and interest in the User Submissions. You shall be responsible for your User Submissions and the consequences of submitting them to us through the Site and our use of them for the Site, including, but not limited to, any and all claims related to copyright or other intellectual property infringement claims. We reserve the right, in our sole discretion and without further notice to you, to monitor, censor, edit, delete, and/or remove any User Submissions at any time and for any reason and do not accept any responsibility for any such edit, deletion, or removal.

8.2     Each time you submit any User Submission, you represent and warrant that (i) you are the sole author and owner of all the intellectual property rights and other rights to the User Submissions or you have a lawful right to submit the User Submissions and grant CFS the rights to it that you are granting by these Terms, all without any CFS obligation to obtain consent of any third party and without creating any obligation or liability of CFS for compensation or otherwise; (ii) the User Submissions does not and, as to CFS’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (iii) the User Submissions will not violate these Terms.

8.3     Except as otherwise provided in our Privacy Statement or Terms of Service, by submitting the User Submissions to CFS, you hereby grant CFS a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, and fully sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and CFS’s business, and you hereby waive any moral rights in your User Submissions to the extent permitted by applicable law.

9. Feedback

You can submit to CFS via the Site or otherwise questions, comments, suggestions, and ideas ("Feedback"). Any Feedback you provide to us shall be deemed to be non-confidential and non-proprietary, and, accordingly, CFS shall be free to use such information on an unrestricted basis.

10. Digital Millennium Copyright Act Notice

You may not assign this ToS, in whole or part, to a third-party without CFS's prior written consent.

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner that is allegedly infringed;
• A description of the work that you claim has been infringed and a description of the infringing activity;
• A description of where the material that you claim is infringing is located, such as the URL where it is posted;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CFS’ copyright agent for notice of claims of copyright infringement can be reached as follows:

DMCA Agent
Attention: AriSegal
Caps for SaleAdabec Inc.
9450 SW GeminiDr. PMB 60921
Beaverton, OR97008
or
Email: DMCA@CFSNNN.com

It is often difficult to determine if your copyright has been infringed. CFP may elect to not respond to DMCA Notices that do not substantially comply with the foregoing requirements, and CFP may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work.

11. Disclaimer

11.1     We strive to provide a great Site, but there are certain things that we can't guarantee. WE DO NOTINDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SITE. EXCEPT AS MAY BEEXPRESSLY WARRANTED IN THE TERMS OF SERVICE, TO THE FULLEST EXTENT PERMITTED BYLAW, THE SITE ANDSERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS, WITHOUT WARRANTY OF ANY KIND. CFS AND ITS THIRD-PARTY LICENSORS OR PROVIDERSSPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT.

11.2     EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE TERMS OF SERVICE, CFS AND THIRD-PARTY LICENSORS OR PROVIDERS MAKE NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF THE SITE. THE SITE MAY BE INCOMPLETE OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITE.

11.3     Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.

12. Limitation of Liability

12.1     NEITHER CFS NOR ANYONE ELSE CONNECTED WITH THE SITE OR SERVICES IN ANY WAY CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SITE.

12.2     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CFS OR OUR THIRD-PARTY LICENSORS OR PROVIDERS (OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR CONTRACTORS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

12.3     UNDER NO CIRCUMSTANCES WILL CFS’ DIRECT LIABILITY ARISING OUT OF USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (I) THE AMOUNT OF FEES YOU HAVE PAID TO CFS IN THE LAST SIX (6) MONTHS PRECEDING THE DATE IN WHICH THE CLAIM AROSE OR (II) $100.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.

12.4     THE FOREGOING LIMITATION OF LIABILITY IS COMPLETE AND EXCLUSIVE, SHALL APPLY EVEN IF CFS HAS BEEN ADVISED OF THE POSSIBILITY OF CLAIMS, LOSSES, OR DAMAGES EXCEEDING SUCH LIMIT, AND SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES CFS POSSESSES. THE LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND CFS.

13. Third-Party Vendors

Your correspondence or business dealings with, or participation in promotions of, third-party vendors found on or through the Site are solely between you and such advertiser or third-party vendor. Any question, complaints, or claims should be directed to the appropriate third-party vendor. You agree that CFS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party vendors on the Site.

14. Links to Third Party Webpages

The Site may provide links to other webpages. Because we have no control over such webpages, you acknowledge and agree that CFS is not responsible for the availability of such external webpages and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such webpages. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked webpages, contents, services, or products. You acknowledge that third-party terms and conditions may apply to the access and use of said services, products, and webpages, and that you should follow the link to such terms to determine which terms of use governs such webpages.

15. Indemnification

You agree to indemnify and hold CFS and its officers, directors, employees, agents, and contractors harmless from and against all liability, losses, claims, demands, or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. This section shall survive the termination of these Terms.

16. Force Majeure

CFS will not be liable for any failure of performance to the extent such failure is due to any cause or causes beyond CFS’ reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, pandemic, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic, or communications failures or degradation. CFS’ invocation of this clause will not relieve you of your obligation to pay any fees owed to CFS.

17. Governing Law/Jurisdiction and Arbitration/ Waiver of Jury Trial and Class Actions

17.1     These Terms and the interpretation of theseTerms will be governed by and construed in accordance with the laws of the New York, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action or claim you might have with respect to these terms must be commenced within one (1) year after such claim or cause of action arises or shall be deemed waived.

17.2     EXCEPT WITH RESPECT TO THE PROTECTION AND ENFORCEMENT OF CFS’s INTELLECTUAL PROPERTY RIGHTS AND ITS RIGHTS TO SEEK AND/OR OBTAIN INJUNCTIVE OR EQUITABLE RELIEF (AND SUCH RIGHTS OF ITS THIRD-PARTY LICENSORS AND PROVIDERS), ANY CLAIM, CAUSE OF ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED BY MANDATORY, BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK, NEW YORK, AND THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION.

17.3     EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY AND ALL RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ALL CLAIMS AND DISPUTES ARISING OUT OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

18. Severability; English Language

If any provision in these Terms should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from these Terms if no such modification is possible, and the other provisions of these Terms shall remain in full force and effect. The controlling language of these Terms is English. If you have received a translation into another language, it has been provided for your convenience only.

19. Modifications

19.1     We retain the right, at our sole discretion, to modify these Terms at any time. Whenever we modify these Terms in substance, the label "updated" will be displayed next to the link "WebsiteTerms of Use" in the footer to the Site, which link leads to these Terms.The "updated" label will be removed after thirty (30) days or when you visit the updated Terms to read them, whichever comes sooner. Please make sure you read the updated Terms before using the Site or Services.

19.2     If any portion of these Terms is unacceptable to you or will cause you to no longer be in compliance with these Terms, you should discontinue use the Site and all Services. Your use of the Site now or following changes in these Terms means that you have accepted and are bound by the changes. It is therefore important that you check the current version available from time to time and ensure you are updated as to any changes.

20. Entire Agreement; Waiver

These Terms (including all terms and conditions expressly incorporated herein by reference) constitute the entire agreement between you and CFS with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. If, at any time, we fail to respond to a breach of these Terms by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on CFS if it is in writing and signed by CFS.

Our past, present, and future affiliates and agents can invoke our rights under these Terms in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

1. General

1.1     You may purchase subscriptions for the Services that are available on the Site (each a “Subscription”). Each Subscription will include the applicable terms and conditions for the Subscription, including the Subscription term (for example, a onetime use, multiple time use, or a monthly or annual period (each a “Term Subscription/Subscription Period”)) and applicable Subscription fees (the “Fees”). To purchase a Subscription, you are required to accept this ToS and create an Account. Please note that CFS may, in our sole discretion, change of discontinue any or all aspects of a Subscription at any time, without notice, and without liability to you, provided that you will have the right to continue to use the Services under the terms and conditions of the already purchased Subscription for the remainder of the then current Subscription Period.

1.2     CFS does not represent or warrant that the Services will meet your requirements. To ensure you can successfully participate in the Services, we recommend that you review the performance of your technology, as we cannot accept any responsibility for slow loading, latency, or failure to view or access forms or other online content forming part of any Service.

2. Accounts

2.1     To access the Services, you will need to register and create an Account. To this end, you must provide true, current, complete, and accurate information, as requested during the registration process. You cannot sign up or otherwise create an Account with us on behalf of a third party other than as expressly set forth in this section.

2.2     If you are creating an account for an a corporation, organization, or other entity (the “Organization”), you understand and agree that the Organization will be understood to be the owner of the Account and, hence, any contents created using the Services, and any data collected from you through the Services, will be understood to belong to the Organization, subject to the terms and conditions set forth herein and applicable law.  Additionally, you represent and warrant that you can agree to this ToS on behalf of your Organization and all references to “you” throughout this ToS will include your Organization, jointly and severally with you personally.

2.3     An “Authorized User” means you or an employee of your Organization who has a single user identification and password to access and use the Account and Services on behalf of the user’s Organization.

2.4     Note that you are obligated to obtain the number of Authorized Users that will access the Account and use the Services within your Organization.

2.5     No other use of the Services or Reports (as defined in Section 3 below) not specified in this ToS ,including use by any other employees, agents, contractors, consultants, representatives, personnel, or other parties or individuals of or on behalf of your Organization or its affiliates or subsidiaries other than Authorized Users(as defined below) shall be permitted to use the Services or access the Account.

2.6     Accounts are tobe used only by Authorized Users, and it is strictly forbidden to allow others to use it. You shall remain responsible for the activity arising out of any failure to keep your Account details confidential. Should you suspect that your Account has been or are being used by a third party, or have been compromised, you must contact us immediately at support@CFSNNN.com. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account. You shall notify us any changes to the Account information and to keep all Account information current and accurate.

3. Services

3.1     Subject to your compliance with this ToS and payment of the Fees, CFS grants each Authorized User a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable right during the Subscription Period to access the Account and to make personal, non-commercial use of the Services on behalf of the Organization pursuant to the applicable Subscription and in accordance with this ToS.

3.2     Subject to the terms and conditions of your trial report terms or your Subscription (as applicable), the Services provide you with certain access to informational reports that provide detailed information to assist you in making informed decisions related to the purchase of national and regional retail leased properties (each a “Report”). The Reports include information that may assists you in evaluating data and making decisions regarding a transaction. CFS strongly recommends that you use the Reports (including a free Report) as one important tool, along with your independent research and investigation, to make better decisions. No information in any Report will constitute advise for any purpose and shall be used for informational purposes only. You assume full responsibility with respect to your decisions and transactions using the Services and Reports.

3.3     You may access and download Reports only to view for your individual use and only in accordance with your Subscription terms and with this TOS, keeping all copyright and other notices on the Reports. You may print a copy of each Report for your internal business use; provided that (i) you may share a copy of a Report to your customers or agents as required for purposes of the transaction for which you received the applicable Report; and (ii) such customers and agents shall not copy or distribute such Report nor make any use of the Report other than as required for such transaction. Neither you nor any of your customers or agents are authorized to republish or redistribute any Report other than as expressly permitted by your Subscription or as otherwise set forth herein. Under no circumstances are you (or any of your customers or agents) permitted to resell any Report or repackage any information contained within a Report without CFS’s prior written consent.

3.4     Your Subscription will be active until the expiration date of the then current Term Subscription/Subscription Period. Subscription Periods of monthly or annual periods will automatically renew for another term equal in duration to the initial period until your Subscription is cancelled or terminated in accordance with this ToS.

3.5     Notwithstanding anything set forth herein, if CFS believes, in its sole discretion, that you are using the Services or any Report in a manner that may cause harm to CFS or any third party or that is in breach of this ToS, then CFS may, without derogating from our right to terminate your Subscription as specified in this ToS, suspend or terminate your Account or your access to and use of the Services.

4. Fees and Payments; Taxes; Billing Disputes

4.1     You shall pay all Fees in U.S. Dollars in advance, without the right of set-off, deduction, or counterclaim. You authorize us to use a third party to process payments and consent to the disclosure of your payment information to such third party.

4.2     Where you have provided credit card information for the purchase of a Subscription, CFS may charge such credit card for such Subscription for the Term Subscription/Subscription Period, including any Subscription renewals, subject to termination rights as set forth in this ToS. CFS will notify you if there is any Fee increase from the immediately previous Subscription Period before any such increase is charged. You may cancel renewal of your Subscription before the applicable renewal date to avoid the charge. Cancellation and management of your Subscription is available through your Account or via email to support@CFSNNN.com.

4.3     If a payment is not successfully authorized because of expiration, insufficient funds, or otherwise, CFS may suspend or terminate your Subscription. You will remain responsible for any Fees you fail to pay in connection with your Subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and court costs.

4.4     Fees are exclusive of any taxes, levies, customs fees, duties, or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all applicable Taxes associated with your purchases, except for Taxes assessed against CFS based on net income. Should any Fees be subject to withholding tax by any government, you will be responsible for such taxes and will reimburse CFS to the extent CFS is required to pay any such withholding taxes.

4.5     Billing disputes must be initiated within thirty (30) days of purchase, by contacting CFS at support@CFSNNN.com. Upon expiration of such 30-day period, you will not be entitled to dispute any Fees paid or payable to CFS. The Parties will work together in good faith to resolve billing disputes. A pending billing dispute shall not exempt you from timely paying any undisputed amounts owed. Other than in accordance with the foregoing, fees paid are non-refundable and payment obligations are non-cancellable. We will not refund any amount nor grant any credit for Subscriptions that are cancelled before reaching the end of the then current Subscription Period.

5. Intelectual Property

As between you and CFS, CFS owns and reserves all right, title, and interest in the Services and all content made available through the Services, including, but not limited to, all improvements, modifications, and derivative works thereto.

6. Subscription Termination

CFS may terminate your Subscription at any time and without prior written notice in any case where it believes that you have breached this ToS. You may terminate your Subscription by sending a cancellation request to CFS at support@CFSNNN.com, in which case CFS will use commercially reasonable efforts to respond within a reasonable time. If you object to any term or condition of this ToS, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services and cancel your Subscription. Upon termination of your Subscription, all licenses and other right granted to you under this ToS shall be terminated, and you will lose all access to the Services. CFS shall not be liable to you or any third party for termination of your use of or access to the Services, or any portion thereof.

7. Publicity Rights

You grant to CFS the right to include you as a customer in Service promotional material. You consent to written and oral disclosure by CFS of your name and logo as a user of the Service in a factual listing of CFS’s customers (with or without a list of the Service you are using) to be published within marketing and promotional materials, in presentations, on trade show signs and materials, on the Site, and to financial and industry analysts.

8. Force Majeure

Neither party is liable for any failure of performance (other than for delay or performance in the payment of Fees) to the extent such failure is due to any cause beyond such Party’s reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, pandemic, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic, or communications failures or degradation. Either party’s invocation of this clause will not relieve you of your obligation to pay for any Services provided or permit you to terminate any Services except as expressly provided herein.

9. Notices

All noticeshereunder shall be in writing. CFS may send notices to the email address youindicate in the Account. You will be deemed to have received any email sent tothe last known email address CFS has on record for you. CFS hereby providesaddress and contact details, to which any of your questions, complaints, orclaims with respect to the Services should be directed: support@CFSNNN.com.

10. Assignment

You may not assign this ToS, in whole or part, to a third-party without CFS's prior written consent.

11. Trade Compliance

You represent and warrant that (i) your use of the Services will not violate any embargoes, sanctions, trade restrictions, or similar restrictions issued by the U.S. and any other applicable governmental entity, and (ii) you have not been designated by the U.S. and any other applicable government or government agency as a prohibited or restricted party under any trade restrictions, export laws, or the like. You may not use, export, re-export, import, or transfer any technology or data related to the Services except as authorized by both this ToS and all applicable laws, rules, and regulations.