Terms of Service

1.Acceptance of Terms

By checking "I Agree" and clicking the acceptance button, you (the "Merchant," "Client," "You," "Your") enter into a legally binding agreement with SuccessVariable LLC (the "Company," "We," "Us," "Our," or "Provider").

Your electronic acceptance constitutes a legally binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA).

2.No Legal Advice

Nothing in this Application constitutes legal advice or creates an attorney-client relationship. You are solely responsible for:

• Consulting with qualified legal counsel regarding your compliance obligations
• Ensuring your business practices comply with all applicable federal, state, and local laws
• Verifying that any compliance feature meets your specific legal requirements
• Making all final determinations regarding legal compliance
• Any consequences arising from your use of this Application

3.Service Description

ENDUURE Checkout provides software tools for advanced checkout customization including:

• FFL Locator: Searchable directory of Federal Firearms Licensees
• California Compliance: Tools to assist with AB 1263 and SB 704 compliance
• Package Protection: Optional shipping protection feature
• B2B Features: Company accounts, PO numbers, quote checkout
• Admin Dashboard: Configuration and management interface
• Secure API: Integration with BigCommerce platform

These tools are provided "as is" and do not replace professional legal counsel or guarantee compliance with any law or regulation.

4.Limitation of Liability

To the maximum extent permitted by applicable law:

No Indirect Damages

SuccessVariable LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, goodwill, legal fees, regulatory fines, or any other intangible losses.

5.Indemnification

You agree to indemnify the Indemnified Parties from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of the Application
• Your violation of any applicable law, regulation, or ordinance
• Your failure to comply with these Terms of Service
• Any infringement of third-party intellectual property or other rights
• Any claims brought by your customers, end-users, or business partners
• Any data, content, or information you provide through the Application
• Your failure to obtain proper legal counsel regarding compliance matters
• Any inaccurate or false representations made by you

This indemnification obligation shall survive termination of this Agreement.

6.Warranty Disclaimer

We expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranties arising from course of dealing, usage, or trade practice
• Any warranty that the Application will be error-free, uninterrupted, or secure
• Any warranty regarding the accuracy, completeness, or reliability of any information, including compliance forms or FFL listings
• Any warranty that the Application will meet your specific business or legal requirements

7.Third-Party Services

The Application integrates with third-party services including Persona, Stripe, BigCommerce, and others. You acknowledge that:

• We do not control these third-party services
• Your use of third-party services is at your own risk and subject to their terms
• We are not liable for any acts, omissions, or failures of third-party services
• Third-party service fees are your responsibility

8.Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms shall be brought exclusively in state or federal courts located in Nevada. You hereby consent to the personal jurisdiction of such courts and waive any objections to venue.

9.Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Application or via email. Your continued use of the Application after such notification constitutes acceptance of the revised Terms.

10.Termination

By Us: We may suspend or terminate your access to the Application at any time, with or without cause, and with or without notice.

By You: You may terminate this Agreement by ceasing all use of the Application and uninstalling it from your BigCommerce store.

Effect of Termination: Upon termination, all rights granted to you under this Agreement immediately cease. The following provisions survive termination: Limitation of Liability, Indemnification, Warranty Disclaimer, and Governing Law.

11.Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

12.Entire Agreement

These Terms of Service, together with our Privacy Policy and any feature-specific disclaimers presented during use, constitute the entire agreement between you and SuccessVariable LLC regarding the Application. This Agreement supersedes all prior agreements, representations, warranties, and understandings.

13.Contact Information