Updated: October 14, 2024

At Atmosfire LLC, maintaining the trust of our online users is of the utmost importance to us. We have developed this Privacy Policy (the “Policy”) to show our commitment to fair information practices and the protection of our users’ privacy, and to explain how we collect, process, use, and share information about our users. This Policy applies to our company website, https://www.atmosfire.co/, and to all other websites and platforms that are owned or operated by Atmosfire LLC or its affiliates (referred to collectively herein as “Atmosfire”, “us”, “we” or “our”) and that have this Policy posted (collectively, the “Site” or “Sites”).

Please review this Policy carefully and use the information herein to make informed choices. Feel free to contact us at info@atmosfire.co if you have any concerns or questions about our privacy practices. By accessing the Sites or registering for an account, you are agreeing to all of the terms set forth in this Policy.

If you do not agree to this Policy, do not use the Sites or give us any information. Your continued use of the Sites, or of our services, means that you agree to this Policy.

1. NOTICE CONCERNING CHILDREN

The Sites are not specifically directed at or intended for children under the age of 13, and Atmosfire does not knowingly collect personal information via the Sites from anyone under 13. Any user that believes that Atmosfire has the personal information of a child under the age of 13 in its database should contact us at info@atmosfire.co, so that, if necessary, we can remove the applicable information.

2. WHAT PERSONAL INFORMATION WE COLLECT

The types of personal information we obtain about you depends on how you interact with us and our products and services. When we use the term “personal information,” we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or identified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

When we collect any information that does not identify you as a specific natural person, such information may not be deemed personal information under applicable law; such information, unless otherwise prohibited by law, may be used and disclosed for any purpose. Similarly, if applicable law requires that we treat non-personal information as personal information, we will use and disclose this information as personal information in accordance with this Policy. We will collect personal information including, but not limited to, the following: Basic Identifying Information. This may include your full name, postal and billing address, e-mail address, and phone number. Device Information and Network Activity. This may include device identifiers and history and usage information regarding your interactions with our Sites or emails. Payment Information. This may include bank account information and credit or debit card numbers. Order Information. This may include products or services you have purchased, returned, exchanged, or considered, and your product preferences. Communications. This may include your communications with us, including emails, reviews, and other content.

3. HOW WE COLLECT YOUR PERSONAL INFORMATION

We collection information about you in a range of ways, including the following:

Directly from You. We collect personal information you provide, such as when you register for an account, contact us, respond to a survey, or sign up to receive emails or text messages. Using Online Tracking Technologies. When you visit our website, open or click on emails we send you, or use our platform, we or third parties we work with may automatically collect certain information regarding your usage of the Sites using online tracking technologies such as cookies. From Social Media Platforms and Networks. If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (such as Instagram, Facebook, Twitter, Google, LinkedIn, YouTube, and Pinterest) in connection with our Sites, we collect information that you disclose to us, or that the social media platforms disclose to us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use. From Other Sources. For example, we may obtain information about you from other sources, such as fraud prevention service providers and vendors that provide services on our behalf (including payment processors). Do Not Track. We understand that some users may have enabled a “do not track” feature or other mechanism intended to provide consumers with a choice regarding the collection of their personally identifiable information; however, consistent with our rights under applicable law, our Sites may not support or respond to do-not-track requests or other signals sent from a web browser.

4. HOW WE USE YOUR PERSONAL INFORMATION

Depending on how you interact with our Site, the personal information we collect and the way in which it is used may vary. We use the information we collect in order to best provide our services. Where you have provided us with your personal information, we may use that information in the following ways: Providing Products and Services. We use your personal information to provide products and services, such as to fulfill your orders and/or complete the transactions you request; process your payments; provide you receipts and order updates; send notifications to you related to your account and purchases; create, maintain, and otherwise manage your account or profile, including offering functionalities such saving your transaction history. Operate and Improve Site and Services. We use your personal information to operate, maintain, and improve our Sites and services, including but not limited to collecting amounts owed to us; identifying and repairing errors or problems; understanding common usage patterns; responding to comments and questions and providing customer service; and sending confirmations, invoices, technical notices, updates, security alerts, support, and other administrative messages.

Promote Security and Prevent Fraud. We use your personal information to detect, investigate, prevent, and respond to possible fraudulent or illegal activity; attempts to manipulate or violate our policies, procedures, and terms and conditions; and security incidents. Legal Obligations. We use your personal information to comply with our legal and regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.

5. DISCLOSURE OF PERSONAL INFORMATION

We will not disclose your personal information to third parties except as follows: We may share personal information with your consent.

 We may share personal information with third-party service providers that perform services to support our core business functions and internal operations, including payment processing. Their use of your information is not governed by this privacy policy.

 We may share personal information for legal, protection, and safety purposes.

 We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.

 Personal information is maintained on our servers or those of our service providers, and is accessible by authorized employees, representatives, and agents as necessary for the purposes described in this Policy.

 We may share personal information when we do a business deal or negotiate a business deal involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. For the avoidance of doubt, Atmosfire may share personal information in additional manners, pursuant to your explicit approval, if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable, and anonymous. We may transfer, share, or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.

6. THIRD-PARTY SITES

This Policy applies only to information we collect, process, and use through our Sites. This Policy does not apply to information that we collect through other channels or any third-party websites that you may be able to access from our Sites, which may have data collection and use practices and policies that materially differ from those described in this Policy, or to any services that may be offered by our business partners. We are not responsible for the content or privacy practices of any third-party sites.

7. ONLINE TRACKING TECHNOLOGY

We and our third-party partners and service providers (such as advertising and analytics providers) may use tags, pixels, web beacons, software developer kits, third–party libraries, cookies, and other similar online tracking technologies (collectively, “online tracking technologies”) to gather information when you interact with our website and email communications. Some online tracking technologies help us maintain the security of our websites and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. We also permit third parties and service providers to use online tracking technologies on our website for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers may use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites. To the extent these online tracking technologies are deemed to be a “sale” / “sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable U.S. state laws, you may be able to opt-out of these online tracking technologies. Please see the section titled YOUR LEGAL RIGHTS OVER YOUR PERSONAL INFORMATION for more information.

8. YOUR LEGAL RIGHTS OVER YOUR PERSONAL INFORMATION

Consistent with applicable law, you may have the right to: (1) access, correct, or delete personal information or (2) opt out of cookies and other online tracking technologies. Please note that these rights may vary depending on your state of residence. Atmosfire will comply with any rights you may have which apply to Atmosfire. If you want to exercise your rights, please contact us at info@atmosfire.co. Please ensure that you include the statement “State Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code.

Identity Verification

For us to process some requests, we will need to verify your identity to confirm that the request came from you. We may contact you to verify your request. Depending on your request, we will ask for certain information to help us verify your identity.

Authorized Agent

Depending on applicable law, you may be able to designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

9. CONTACT INFORMATION

We welcome your comments or questions about this Policy. You may contact us at info@atmosfire.co.

10. DATA SECURITY

We cannot guarantee that our Sites will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. As such, your use of the Sites is at your own risk. When you register an account with us, we encourage you to choose passwords of sufficient length and complexity and not used to access any other site or services, install the latest security updates and anti-virus software on your computer/device to help prevent malware and viruses, not share your password with others, and review your account information periodically. For your convenience, our Site may include functionality that allows you to remain logged in so that you do not have to re-enter your password each time you want to access your account. If you choose to remain logged in, you should be aware that anyone with access to your device will be able to access and make changes to your account. For that reason, if you choose to remain logged in, we strongly recommend that you take appropriate steps (such as requiring a password when waking your computer from sleep or enabling the “Passcode Lock” security feature on your device) to protect against unauthorized access to, and use, of your account. If there is any unexpected activity or inaccurate information, if you have reason to believe that your information is no longer secure, or if you have any questions about our security, please contact us using the contact information provided above.

11. CHANGES TO THIS POLICY

We reserve the right to revise this Policy from time to time (for example, to keep up with changes in the law or to reflect changes in how we are doing business). We will post the date it was last updated at the top of this Policy and provide additional notice to you if we make any changes that materially affect your

privacy rights.

This website is operated by Atmosfire LLC (“Atmosfire”). These Terms of Service (“Terms”) apply to our company website, https://www.atmosfire.co/, and to all other websites that are owned or operated by Atmosfire or its affiliates (referred to collectively herein as “Atmosfire”, “us”, “we” or “our”) and that have these Terms posted (collectively, the “Site” or “Sites”). Atmosfire offers the Sites, including all information, products, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you are accessing or using the Service on behalf of a business, you represent and warrant to Atmosfire that you have authority to accept these Terms on behalf of that business and that the business agrees to these Terms. For the purposes of these Terms, all references to “you” or “your” shall mean you, the individual or business accessing the Service, including the customers of any businesses using the Service.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Sites, purchase our products, interact with us, or give us any information. Your continued use of the Sites and/or of our Service means that you agree to these Terms.

THESE TERMS INCLUDE, WITHOUT LIMITATION, BINDING ARBITRATION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS OPPOSED TO JURY TRIALS OR CLASS ACTION LAWSUITS).

1. Account Registration. In order to access the Service, you may be asked to register for an account with Atmosfire (“Account”) by providing certain requested information. You represent and warrant that: (a) all information you submit is true, accurate, current, and complete and (b) you will maintain the accuracy of such information. You may not impersonate someone else to create an Account; create or use an Account for anyone other than yourself; permit anyone else to use your Account; or provide another person’s personal information for purposes of Account registration.

2. Account Security. Once you have an Account, you are responsible for all activities that occur in connection with your Account. You will keep your Account access credentials confidential and will not disclose such credentials to any third party. You agree to immediately notify us if you have any reason to believe that your Account credentials have been compromised or that there is, was, may be, or may have been any unauthorized use of your account or password, or any other breach of security.

3. Privacy Policy. All personal information we collect on the Site or through the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy, hereby incorporated herein. To view our Privacy Policy, please visit [URL].

4. Prohibited Uses. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (b) use the Service in a manner that disrupts third parties’ similar use of the Service; (c) violate or tamper with the security of any software included in the Service; (d) modify, reverse engineer, or attempt to hack or otherwise discover any source code or Atmosfire LLC Terms of Service Page 2 of 6 underlying code, ideas, or algorithms of the Service (except to the extent that applicable law prohibits reverse engineering restrictions); (e) sell, resell, license, sublicense, provide, lease, lend, use for timesharing, or service bureau purposes, or otherwise use the Service or allow others to use the Service for the benefit of any third party, except as expressly permitted herein; (f) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights; (g) attempt to gain unauthorized access to the Service or its related systems or networks; (h) copy the Service or any part, feature, function or user interface thereof, or access the Service in order to build a competitive product or service; or (i) use the Service for any purpose other than as expressly licensed herein. If we have reasonable grounds to believe you are utilizing the Service in violation of this Section, we may, in our sole discretion, suspend the Service immediately with or without notice to you.

5. IP Ownership. Atmosfire shall retain all right, title, and interest in and to all intellectual property rights related to the Sites and Service, including any designs, images, software, materials, documentation, data, instructions, methods, processes, inventions, know-how, and other content, and all improvements, enhancements, modifications, and derivative works thereof. No rights are granted to you hereunder other than as expressly set forth herein.

6. Products. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

7. Shipping. When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Service. All purchases from the Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Service pass to you upon delivery of the items to the carrier. By using the Service, you acknowledge and agree that you are responsible for filing any claims with carriers for damaged or lost shipments.

8. Purchase Orders. The Service may include the creation of a final purchase order reflecting the products to be ordered. You are solely responsible for reviewing such purchase order to ensure its accuracy and submitting the purchase order correctly. Atmosfire assumes no responsibility, and disclaims all liability for the accuracy, completeness, reliability, or availability of any purchase orders.

9. Errors and Inaccuracies. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

10. Payment Terms. Some features of the Service may require you to make certain payments, such as any transaction, order, or purchase of products. Any fees that Atmosfire may charge you for your use of or access to the Service are due immediately when charged by Atmosfire. Atmosfire reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. Product prices and related fees will be in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay all costs and fees as well as all shipping and handling charges and applicable taxes. Atmosfire may use third-party services to process payments, which have their own separate terms of service. While Atmosfire will use commercially reasonable efforts to ensure the security of all payment Atmosfire LLC Terms of Service Page 3 of 6 information such as credit cards or bank account numbers, Atmosfire expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold Atmosfire harmless for any damages that may result therefrom. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.

11. Third-Party Content. The Service may contain links or provide access to third-party websites, content, and services (“Third-Party Content”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Content. We provide access to such Third-Party Content as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use all Third-Party Content at your own risk, and we recommend you apply a suitable level of caution and discretion in doing so. Whenever you click on any link to any Third-Party Content, the applicable third party’s terms and policies will apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Third-Party Content.

12. Feedback. If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Atmosfire all rights in such Feedback and agree that Atmosfire has the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Atmosfire will treat any Feedback as non-confidential and non-proprietary. You agree not to submit to Atmosfire any information or ideas that you consider to be confidential or proprietary.

13. Electronic Communications Consent. Email, text messaging, push notifications and other electronic communication (“Electronic Communications”) allow us to exchange information with you in connection with the Service. You agree and consent to the use of Electronic Communications as an acceptable form of communication regarding the Service. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that Electronic Communications may not be a completely secure means of communication, and there may be the potential for such communications to be accessed in storage or during transmission. Applicable laws require that some of the information or communications we send to you should be in writing. You acknowledge and agree that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

14. NO WARRANTY. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ATMOSFIRE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW Atmosfire LLC Terms of Service Page 4 of 6 LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATMOSFIRE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY YOU INCUR THROUGH USE OR AS A RESULT OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

16. Indemnification. You agree to indemnify and hold Atmosfire (and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents) harmless from any claim or demand made by any third party, and any related liability, damage, loss or expense, including costs and attorneys’ fees, caused by or arising out of (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. Atmosfire reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Atmosfire. Atmosfire will use reasonable efforts to promptly inform you in writing of any such claim, demand, action, or suit, provided that any failure to so inform you will not affect your obligation of indemnity, except to the extent you are materially prejudiced by such failure.

17. Governing Law. These Terms, and the license granted herein, shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in San Diego, California.

18. Arbitration. PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ATMOSFIRE, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ATMOSFIRE, INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements between you and us. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms shall be resolved exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, then in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Arbitration can resolve only your or our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or Atmosfire LLC

Terms of Service Page 5 of 6 representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. The Applicable Rules can be found at www.jamsadr.com. The Arbitration will be conducted in San Diego, California, unless you and Atmosfire mutually agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ATMOSFIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

19. Changes to these Terms. We reserve the right to modify these Terms, and to add new or additional terms or conditions on your use of the Service, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately. Your continued use of the Service will be deemed acceptance hereof. We will notify you of material changes by email or posting a notice on our website prior to the effective date of such changes. 20. No Guarantee of Service. Although we hope to make the Service available at all times, there may be times when we need to disable the Service either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove, and/or disable access to the Service and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. Prices for our products are subject to change without notice. In no event will we be liable for changes to pricing or the discontinuance, modification, suspension, or removal of, or disabling of access to, the Service at any time and/or for any period of time.

21. Force Majeure. Atmosfire shall not be responsible for any delay or failure to comply with these Terms or for any liability arising under these Terms to the extent due to causes beyond Atmosfire’s reasonable control, including eminent domain, earthquake, flood, civil unrest, acts of God, war, or terrorist attacks, whether physical or electronic, or failure of the Internet.

22. Products. Your purchase of any products through the Service is subject to your acceptance of the Product Liability Disclaimer, hereby incorporated herein, and available at [URL].

23. Miscellaneous. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties. The section headings are provided merely for convenience and shall not be given any legal import. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Atmosfire’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Atmosfire may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. The parties’ relationship to each other under these Terms is strictly that of independent contractors. The word “including” means “including without limitation”. If any provision of these Terms is for any reason held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by

law.

Atmosfire LLC

Terms of Service Page 6 of 6

24. Contact Information. Questions about these Terms should be sent to us at info@atmosfire.co.

This agreement releases Atmosfire LLC (“Atmosfire”) from all liability relating to injuries or claims that may occur hereinafter after receiving any Atmosfire outdoor fire tables (“Products”) and from warranties on the Products except as expressly provided herein. In no event shall Atmosfire be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our Products.

Atmosfire offers its Products with the terms, conditions, and notices as follows (the “Terms”). These Terms apply to all sales and uses of the Products. Please review carefully. These Terms include limited warranties and disclaimers of liability. Keeping, using, or allowing use of Atmosfire’s Products indicates your agreement to these Terms and you agree to hold harmless Atmosfire entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence. Atmosfire makes no warranties of any kind regarding the Products, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or of noninfringement of third-party rights, except as expressly provided below. Use of the Product by a user is at the user’s risk.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Terms of Use

This Product is offered to you conditioned upon your acceptance without modification of these Terms.

Use Limitation

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained from Atmosfire’s website or its Products. The Products may not be used for unlawful purposes and such use is expressly prohibited under these Terms.

Warning

Use and misuse of Products sold by Atmosfire involves serious risks including property damage, injury, disability and death. Users assume all risks.

Safety Instructions

Following the below instructions may minimize the risk of serious injury. Use the Product outdoors only. Keep the Product covered when not in use.

 Handle with care to avoid injury from sharp edges.

 Follow all safety instructions provided by the burner manufacturer.

 Keep the Product away from flammable materials.

 Do not leave the Product unattended while in use.

 Ensure all flames are completely extinguished and gas valve is fully shut after each use.

Warranty

Atmosfire warrants that each Product (excluding the burner) is free from defects in workmanship, including structural defects (i.e. a weld separates), for a period of 1 year from the date of delivery (the “Warranty Period”). If you discover any defects in the Products during the Warranty Period, contact Atmosfire at info@atmosfire.co.

If your Product qualifies, as your sole and exclusive remedy, Atmosfire will repair or replace your Product without charge, as determined by Atmosfire in its sole discretion.

Atmosfire will use commercially reasonable efforts to pass through any burner manufacturer warranties to the extent such warranties are applicable to your Products.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

Disclaimers

The warranty stated above will not apply to the extent that there has been misuse or use contrary to specifications or the appropriate user or operating manual, installation defect, accident, modification, unsuitable physical or operating environment, operation in other than the specified operating environment (e.g., the Products should only be used outdoors), improper maintenance by you, or failure caused by a product for which Atmosfire or its burner manufacturer is not responsible. The warranty is voided by removal or alteration of any identification labels or marks on any burner or part.

Atmosfire does not warrant against any damage to Products occurring during or after installation or for normal wear and tear, including fading due to exposure to sunlight. The flush mounted lids are susceptible to damage due to their intended use. Chips may occur on the corners and edges of the lids over time and are not covered by warranty.

Media made from ceramic or steel must be at least 4” from edges of the products as excessive heat can cause warping and damage to the structure of the product. Atmosfire does not warrant against the natural process of steel aging or rusting. Atmosfire does not warrant any services related to our Products, including installation, unless Atmosfire directly provided those services to you. You may have warranty rights from the service provider, but we make no representations or warranties express or implied regarding any third-party service provider.

Atmosfire does not warrant against damage caused by improper ventilation. Products are equipped with leveling feet which are to be used to create ventilation around the entire base perimeter of up to 2” of clear space.

ALL PRODUCTS MUST BE COVERED WHEN NOT IN USE OR WARRANTY IS NULL AND VOID.

No Returns or Refunds

Atmosfire does not accept any returns or offer any refunds on its Products.

Assumption of Risk

BY BUYING, USING, OR ALLOWING THE USE OF THE PRODUCTS, YOU UNDERSTAND AND AGREE THAT YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY SUSTAINED WHILE USING THE PRODUCTS WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF ATMOSFIRE, INCLUDING, BUT NOT LIMITED TO MALFUNCTION FROM WHATEVER CAUSE, OR ANY OTHER FAULT OF ATMOSFIRE.

Additionally, you agree to indemnify, defend, and hold Atmosfire harmless from any third-party claims arising from your use or misuse of the Products.

Product Modification

Modification of the Products, through the use or misuse of the Products, can lead to Product malfunction causing serious risk. Risks include but are not limited to serious property damage, physical injury, disability and/or death. You are responsible for any modifications you perform or allow anyone else to perform on your Products.

Atmosfire is not responsible and will not be held liable for any modifications done to Products, including but not limited to, bypassing or eliminating safety features, installing or replacing parts, and/or improper installation and adjustment of the Products.

Limitation Of Liability

ATMOSFIRE’S LIABILITY IS LIMITED TO REPAIR OR REPLACEMENT OF ITS PRODUCTS. IN NO EVENT SHALL ATMOSFIRE’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD. IN NO EVENT SHALL ATMOSFIRE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF ANY OF THE PRODUCTS.

Inspect Before Use

The Product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately contact Atmosfire.

Entire Obligation

These Terms state the entire obligation of Atmosfire with respect to the Products. If any part of these Terms is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall remain in full force and effect.

Applicable Law

Your order from Atmosfire and these Terms are governed by the laws of the State of California.

Arbitration

Except for actions to enforce an arbitrator’s decision hereunder, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in San Diego, California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator shall apply the laws of the State of California to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the Federal Arbitration Act.

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Modification of Terms

Atmosfire reserves the right to change the Terms under which the Products are offered.

For California Residents

WARNING: Atmosfire Products can expose you to chemicals including nickel, which is known to the State of California to cause cancer, carbon monoxide, and Bisphenol A, which is known to the State of California to cause birth defects or other reproductive harm, and lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

Contact Information

For any questions or concerns regarding the Products or these Terms, please contact us at info@atmosfire.co.