Terms and Conditions

Last Updated: December 14, 2024

1. AGREEMENT TO TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and 5 Speed Running Inc, doing business as Now Shop Local ("Company," "we," "us," or "our"), governing your access to and use of our website and services.

By accessing our website or purchasing our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access our website or use our services.

Company Information:

  • Legal Entity: 5 Speed Running Inc

  • Doing Business As: Now Shop Local

  • Location: California, United States

2. SERVICES DESCRIPTION

Now Shop Local provides software-as-a-service (SaaS) solutions, artificial intelligence tools, and related digital marketing services through our white-label partnership with Go High Level. Our services include but are not limited to:

  • CRM and marketing automation software

  • AI-powered business solutions

  • Website and funnel builders

  • Email and SMS marketing tools

  • Appointment scheduling systems

  • Reporting and analytics tools

  • Other Go High Level platform features and integrations

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to active subscribers.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts to use our services. By creating an account, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to:

  • Provide accurate, current, and complete information during registration

  • Maintain and promptly update your account information

  • Maintain the security and confidentiality of your account credentials

  • Notify us immediately of any unauthorized use of your account

  • Accept responsibility for all activities that occur under your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

3.4 Account Inactivity

Inactive Account Policy:

  • An account is considered inactive if there has been no login or activity for 180 consecutive days (6 months)

  • We will send email notifications at 150 days, 170 days, and 175 days of inactivity

Consequences of Inactivity:

  • After 180 days of inactivity, we may suspend your account

  • After 365 days (1 year) of inactivity, we may permanently delete your account and associated data

  • Suspended accounts may be subject to a reactivation fee

Data Preservation:

  • You are responsible for regularly backing up and exporting your data

  • We are not liable for data loss due to account inactivity

  • Data deletion due to inactivity is permanent and irreversible

Reactivation:

  • Suspended accounts (less than 1 year inactive) may be reactivated by contacting support

  • A reactivation fee of $50 may apply to restore access to suspended accounts

  • Accounts inactive for over 1 year cannot be reactivated

Active Subscription Exception:

  • Paying subscribers with current subscriptions are not subject to inactivity deletion

  • However, we may contact you to confirm continued use of services

  • Unused subscriptions do not entitle you to refunds for past billing periods

4. FEES AND PAYMENT TERMS

4.1 Pricing Structure

Our services are provided on a fee-basis structure that includes:

  • One-time setup fees: Charged at the initiation of service

  • Monthly subscription fees: Charged on a recurring basis for continued access to services

All fees are quoted in United States Dollars (USD) unless otherwise specified.

4.2 Payment Processing

  • Payment is due in advance for subscription services

  • Setup fees are due upon service initiation

  • We accept payment via credit card, debit card, and other payment methods as indicated on our website

  • You authorize us to charge your designated payment method for all fees incurred

4.3 Automatic Renewal

Monthly subscriptions automatically renew unless cancelled in accordance with Section 5. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel your subscription.

4.4 Fee Changes

We reserve the right to modify our fees with at least 30 days' advance notice to active subscribers. Continued use of services after fee changes take effect constitutes acceptance of the new fees.

4.5 Taxes

All fees are exclusive of applicable federal, state, local, and foreign taxes, duties, tariffs, or similar governmental assessments ("Taxes"). You are responsible for all applicable Taxes associated with your purchase.

4.6 Late Payments

Failed or late payments may result in:

  • Suspension or termination of service access

  • Late fees of 1.5% per month on outstanding balances (or the maximum permitted by law, whichever is less)

  • Collection costs and reasonable attorney fees

4.7 Billing Disputes

If you believe you have been incorrectly charged, you must notify us within 30 days of the charge appearing on your statement. To dispute a charge:

Dispute Process:

  • Contact us in writing via email or through your account portal

  • Include your account information, the charge date, amount, and reason for dispute

  • Provide any supporting documentation

Resolution Timeline:

  • We will acknowledge receipt of your dispute within 5 business days

  • We will investigate and respond within 30 days

  • If the dispute is valid, we will issue a credit or refund within 10 business days

Disputed Amount:

  • You are not required to pay the disputed amount during investigation

  • All other charges remain due and payable

  • Service will not be suspended for non-payment of disputed amounts under investigation

Chargebacks:

  • Chargebacks initiated without first contacting us may result in account suspension

  • We reserve the right to charge a $25 processing fee for invalid chargebacks

  • Fraudulent chargebacks may result in account termination and legal action

Final Decision:

  • Our decision on billing disputes is final unless you pursue legal remedies

  • If you disagree with our decision, you may pursue resolution through the dispute resolution process in Section 14

5. CANCELLATION AND REFUND POLICY

5.1 Cancellation Requirements

To cancel your subscription, you must provide written notice at least 30 days in advance of your next billing date. Notice can be submitted via:

  • Email to our designated support address

  • Written notice through your account portal

  • Other methods as specified on our website

5.2 Cancellation Processing

  • Cancellations take effect at the end of your current billing period

  • You will retain access to services until the end of the paid period

  • No partial refunds are provided for unused portions of a billing period

  • Cancellation must be initiated by the account holder or authorized representative

5.3 Refund Policy

  • Setup fees: Non-refundable once services have been initiated

  • Monthly subscription fees: Non-refundable; service continues through the end of the current billing period upon cancellation

  • Exceptions: Refunds may be considered on a case-by-case basis at our sole discretion for extenuating circumstances

5.4 Termination by Company

We reserve the right to terminate your service immediately for:

  • Violation of these Terms

  • Non-payment of fees

  • Fraudulent, abusive, or illegal activity

  • Actions that harm or negatively impact our systems, services, or other users

Upon termination by the Company for cause, no refunds will be provided.

6. DATA PRIVACY AND SECURITY

6.1 Data Collection

We collect and process data necessary to provide our services in accordance with our Privacy Policy. This includes contact information, payment information, and usage data.

6.2 Third-Party Platform

Our services are provided through the Go High Level platform. Your data will be processed and stored in accordance with Go High Level's data practices and security measures. We do not collect or store customer data beyond what is collected by the Go High Level platform.

6.3 Your Responsibilities

You are responsible for:

  • The accuracy and legality of any data you input into our systems

  • Compliance with all applicable data protection and privacy laws

  • Obtaining necessary consents from your customers or contacts

  • Maintaining appropriate security measures for your account

6.4 Data Retention

Upon cancellation or termination, your data may be retained in accordance with Go High Level's data retention policies and applicable legal requirements.

6.5 Customer Data Ownership

Your Data Rights:

  • You retain all ownership rights to your customer contact lists, content, and data uploaded to our platform

  • We claim no ownership rights to your customer data

  • Your data is yours, and you have the right to export it at any time

Data Export:

  • You may export your data at any time through your account dashboard

  • Exported data will be provided in commonly used formats (CSV, JSON, or other standard formats)

  • Data export includes customer lists, contact information, campaign data, and other content you have created

Post-Termination Data Access:

  • Upon account termination or cancellation, you will have 30 days to export your data

  • After the 30-day period, we cannot guarantee data availability or export capability

  • We strongly recommend exporting your data before cancellation

Data Deletion:

  • You may request deletion of your data at any time

  • Deletion requests will be processed in accordance with our Privacy Policy and legal obligations

  • Some data may be retained for legal, regulatory, or backup purposes as outlined in our Privacy Policy

Platform Limitations:

  • Data export and ownership are subject to Go High Level's platform capabilities and terms

  • We will use commercially reasonable efforts to facilitate data export but cannot guarantee all data types are exportable

7. ACCEPTABLE USE POLICY

You agree not to use our services to:

  • Violate any applicable laws, regulations, or third-party rights

  • Send spam, unsolicited communications, or engage in phishing

  • Distribute malware, viruses, or other harmful code

  • Infringe on intellectual property rights

  • Engage in fraudulent or deceptive practices

  • Harass, threaten, or harm others

  • Attempt to gain unauthorized access to our systems or other users' accounts

  • Interfere with or disrupt our services or servers

  • Use our services for any illegal or unauthorized purpose

  • Resell or redistribute our services without authorization

Violation of this Acceptable Use Policy may result in immediate termination of your account and services without refund.

8. A2P (APPLICATION-TO-PERSON) MESSAGING COMPLIANCE

8.1 A2P Messaging Overview

Our services include SMS and text messaging capabilities for Application-to-Person (A2P) communications. A2P messaging refers to automated or programmatic text messages sent from our platform to mobile phone users. Use of these messaging features is subject to strict compliance requirements under federal and state laws, wireless carrier regulations, and industry standards.

8.2 TCPA Compliance (Telephone Consumer Protection Act)

You agree to comply with all requirements of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and related FCC regulations, including but not limited to:

Prior Express Written Consent:

  • You must obtain prior express written consent before sending marketing or promotional text messages to recipients

  • Consent must be clear, conspicuous, and separate from other authorizations

  • Consent must clearly disclose that the recipient will receive text messages

  • You must maintain records of all consents obtained

Opt-Out Requirements:

  • Every marketing message must include clear opt-out instructions

  • You must honor opt-out requests immediately (within the same business day)

  • Opt-out mechanisms must be free and simple (e.g., "Reply STOP to unsubscribe")

  • Once opted out, recipients may not be contacted again unless they provide new consent

Prohibited Conduct:

  • No autodialed or prerecorded calls/texts without prior express consent

  • No messages to numbers on the National Do Not Call Registry without consent

  • No calling times outside 8 AM - 9 PM recipient's local time (where applicable)

8.3 CTIA Messaging Principles and Best Practices

You agree to adhere to the CTIA (Cellular Telecommunications Industry Association) Messaging Principles and Best Practices:

Transparency:

  • Clearly identify your business as the message sender

  • Disclose the nature, frequency, and purpose of messages

  • Provide clear terms and conditions for messaging programs

Consent:

  • Obtain consent before sending messages

  • Provide double opt-in confirmation where appropriate

  • Keep consent records for at least 4 years

Control:

  • Provide easy opt-out mechanisms (STOP, UNSUBSCRIBE, QUIT, CANCEL, END)

  • Honor opt-out requests within 24 hours or less

  • Provide HELP/INFO keywords for customer support information

Content:

  • Send only content that recipients have agreed to receive

  • Avoid deceptive, misleading, or fraudulent content

  • No profane, abusive, or harassing messages

8.4 Carrier-Specific Requirements

Wireless carriers (AT&T, T-Mobile, Verizon, etc.) enforce additional A2P messaging standards through programs like 10DLC (10-Digit Long Code), Short Code, and Toll-Free verification:

10DLC Registration:

  • All A2P messaging through standard 10-digit phone numbers requires carrier registration

  • You must complete brand and campaign registration through our platform

  • Registration includes business verification and use case approval

  • Registration fees may apply and are your responsibility

Message Throughput Limits:

  • Carriers impose message-per-minute and daily volume limits

  • Limits vary based on your verified business type and trust score

  • Exceeding limits may result in filtering, blocking, or account suspension

Prohibited Content Categories:

  • Cannabis-related messages (even in states where legal)

  • High-risk financial services

  • Get-rich-quick schemes or work-from-home programs

  • Debt collection or debt relief

  • Gambling (restrictions apply)

  • Phishing or fraud

  • Illegal substances or SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco)

Message Filtering:

  • Carriers use spam filters and AI to detect non-compliant messages

  • Filtered messages may not be delivered without notification

  • Repeated violations result in permanent number blocking

8.5 State-Specific Requirements

You agree to comply with state laws that may impose additional messaging restrictions:

California:

  • California Consumer Privacy Act (CCPA) requirements

  • Additional consent requirements for automated texts

Florida:

  • Florida Telephone Solicitation Act (FTSA) compliance

Other States:

  • Various states have additional auto-dialing and consent requirements

  • You are responsible for researching and complying with applicable state laws

8.6 Message Content Requirements

Required Disclosures:

  • Clear identification of your business name

  • Purpose of the message

  • Opt-out instructions (e.g., "Reply STOP to opt out")

  • Message and data rates may apply disclosure (for marketing messages)

  • Customer support contact information (via HELP keyword)

Message Frequency:

  • Disclose expected message frequency to recipients

  • Do not exceed the frequency disclosed to recipients

  • Reduce frequency if recipients complain

Timing:

  • Send messages only during reasonable hours (generally 8 AM - 9 PM local time)

  • Respect time zones

  • Avoid sending messages on holidays unless specifically relevant and consented to

8.7 Your Responsibilities and Representations

You represent, warrant, and agree that:

  • You will obtain and maintain all required consents before sending messages

  • You will honor all opt-out requests immediately

  • You will maintain accurate opt-out lists and consent records

  • You will not send messages to reassigned or disconnected numbers

  • You will comply with all applicable messaging laws and regulations

  • You will only send messages to recipients who have a legitimate business relationship with you

  • You will not engage in spoofing, number manipulation, or deceptive sender identification

  • You are solely responsible for the content of all messages sent through our platform

  • You will maintain consent documentation for at least 4 years

  • You will regularly scrub your contact lists against opt-out and DNC lists

8.8 Prohibited Messaging Practices

The following practices are strictly prohibited:

  • Sending unsolicited commercial messages (spam)

  • Message spoofing or falsifying sender information

  • Pumping (artificially inflating message volumes for profit)

  • Snowshoeing (spreading messages across many numbers to avoid filtering)

  • Phishing or smishing attacks

  • Sharing or selling SMS opt-in lists

  • Using purchased or scraped phone number lists

  • Sending messages after consent is revoked

  • Messaging numbers on your internal Do Not Contact list

  • Exceeding disclosed message frequency

  • Sending messages outside permitted hours

8.9 Number Reputation and Suspension

Trust Score:

  • Carriers assign trust scores to phone numbers based on compliance and user complaints

  • Poor trust scores result in reduced throughput, filtering, or blocking

  • You are responsible for maintaining good sending reputation

Suspension and Termination: We reserve the right to immediately suspend or terminate your messaging capabilities if:

  • You violate TCPA, CTIA, or carrier requirements

  • Your number receives excessive spam complaints or STOP requests

  • Carriers flag or filter your messages

  • You send prohibited content

  • We receive legal complaints or regulatory inquiries

  • Your trust score falls below acceptable thresholds

No Refunds: Suspension or termination due to messaging violations does not entitle you to refunds of any fees paid.

8.10 Compliance Monitoring

We may monitor your messaging activity to:

  • Ensure compliance with applicable laws and regulations

  • Maintain good standing with carriers

  • Protect our platform and other users

  • Respond to complaints or regulatory inquiries

You consent to such monitoring as a condition of using our messaging services.

8.11 Carrier Fees and Changes

Registration Fees:

  • 10DLC brand and campaign registration fees are your responsibility

  • Fees vary by carrier and are subject to change

  • We will notify you of applicable fees before registration

Carrier Policy Changes:

  • Carriers may change requirements, fees, or policies at any time

  • We will notify you of material changes when possible

  • Your continued use constitutes acceptance of updated requirements

8.12 Indemnification for Messaging Violations

In addition to the general indemnification in Section 12, you specifically agree to indemnify, defend, and hold us harmless from any claims, damages, fines, penalties, or costs arising from:

  • Your violation of TCPA, CTIA guidelines, or carrier policies

  • Regulatory enforcement actions related to your messaging practices

  • Lawsuits from message recipients

  • Carrier fines or penalties

  • Damage to our reputation or carrier relationships

  • Number blocking or platform suspension due to your violations

8.13 Records Retention

You must maintain the following records for at least 4 years:

  • Proof of consent for all message recipients

  • Opt-out requests and processing dates

  • Sent message logs and content

  • Customer complaints and resolutions

  • Disclosure statements and terms provided to recipients

  • Campaign registration documentation

You must provide these records to us or regulatory authorities upon request.

8.14 Compliance Resources

We recommend familiarizing yourself with:

8.15 Updates to A2P Requirements

A2P messaging regulations and carrier requirements change frequently. We will make reasonable efforts to notify you of material changes, but you are ultimately responsible for staying informed about and complying with current requirements.

Your continued use of messaging services after changes constitutes acceptance of updated requirements.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and design, are owned by us, our licensors, or Go High Level and are protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your business purposes in accordance with these Terms.

9.3 Your Content

You retain ownership of any content, data, or materials you upload to or create using our services ("Your Content"). By using our services, you grant us a license to host, store, and process Your Content solely to provide services to you.

9.4 Restrictions

You may not:

  • Copy, modify, or create derivative works of our services

  • Reverse engineer, decompile, or attempt to extract source code

  • Remove or alter any proprietary notices

  • Use our trademarks or branding without written permission

10. THIRD-PARTY SERVICES AND INTEGRATIONS

10.1 Go High Level Platform

Our services are provided through a white-label partnership with Go High Level. Your use of our services is also subject to Go High Level's terms of service and policies, which are incorporated by reference.

White Label Relationship:

  • Now Shop Local is an authorized white-label reseller of Go High Level software

  • We rebrand and resell Go High Level's platform under our own name

  • The underlying technology and infrastructure are provided by Go High Level

  • Go High Level's terms of service apply to the platform functionality

Service Dependencies:

  • Our service availability depends on Go High Level's platform uptime and performance

  • Go High Level may modify, update, or discontinue features at their discretion

  • We will make reasonable efforts to notify you of material platform changes

  • We are not liable for disruptions caused by Go High Level's platform issues

Direct Relationship:

  • Your contractual relationship is with Now Shop Local (5 Speed Running Inc), not Go High Level

  • All billing, support, and customer service is provided by us

  • You do not have a direct contractual relationship with Go High Level

  • Go High Level is not responsible for our business practices, billing, or customer service

Platform Limitations:

  • We cannot modify core Go High Level platform features or functionality

  • Feature availability is subject to Go High Level's platform capabilities

  • Some features may require additional Go High Level licensing or fees

  • We will clearly communicate which features are available in your subscription tier

No Resale Rights:

  • You may not resell, sublicense, or white-label our services to third parties

  • You may not represent yourself as a reseller or partner of Go High Level

  • Commercial use is permitted for your own business purposes only

  • Contact us for information about reseller or agency partnership opportunities

10.2 Third-Party Integrations

Our services may integrate with or provide access to third-party applications, services, or websites. We are not responsible for:

  • The availability, accuracy, or content of third-party services

  • Third-party privacy practices or terms of service

  • Any damages or losses resulting from your use of third-party services

Your use of third-party services is at your own risk and subject to their respective terms and conditions.

11. SERVICE LEVEL AGREEMENT (SLA)

11.1 Uptime Commitment

We strive to provide reliable and consistent service availability. However, our service availability is dependent on the Go High Level platform infrastructure.

Target Uptime:

  • We target 99.5% uptime on a monthly basis (excluding scheduled maintenance)

  • Uptime is measured based on the Go High Level platform availability

  • Uptime percentages are calculated on a calendar month basis

Exclusions from Uptime Calculation: Downtime does not include and we are not responsible for:

  • Scheduled maintenance windows (see Section 11.2)

  • Go High Level platform outages or performance issues

  • Internet service provider failures

  • Issues caused by your actions or third-party services

  • Force majeure events (natural disasters, acts of God, etc.)

  • DDoS attacks or other malicious activities

  • Issues with your local network, hardware, or software

11.2 Scheduled Maintenance

Maintenance Windows:

  • We may perform scheduled maintenance that temporarily affects service availability

  • Scheduled maintenance will be performed during off-peak hours when possible (typically 12 AM - 6 AM Pacific Time)

  • We will provide at least 48 hours advance notice for planned maintenance via email or account dashboard

Emergency Maintenance:

  • Emergency maintenance may be performed without advance notice to address critical security issues or system failures

  • We will notify you as soon as reasonably possible during or after emergency maintenance

11.3 Service Interruptions

Notification:

  • We will make reasonable efforts to notify you of unplanned service interruptions

  • Status updates will be posted to our website or sent via email

  • For extended outages, we will provide regular updates on resolution progress

No Uptime Credits:

  • We do not offer uptime credits, refunds, or service level credits for downtime

  • Our liability for service interruptions is limited as described in Section 12

  • Downtime does not entitle you to refunds or extensions of your subscription period

11.4 Performance and Speed

No Performance Guarantees:

  • We do not guarantee specific performance metrics, page load times, or processing speeds

  • Performance may vary based on usage patterns, data volume, and internet connectivity

  • Third-party integrations and API performance are outside our control

Fair Use:

  • Services are subject to fair use policies

  • Excessive usage that impacts platform performance for other users may be throttled or restricted

  • We will notify you if your usage is deemed excessive and work with you to resolve the issue

11.5 Support Response Times

Support Availability:

  • Email support: Monday - Friday, 9 AM - 5 PM Pacific Time (excluding holidays)

  • Response time target: Within 24 business hours for standard inquiries

  • Emergency/critical issues: We will make best efforts to respond within 4 hours during business hours

Support Channels:

  • Email support through your account portal

  • Help documentation and knowledge base available 24/7

  • Phone support may be available for certain subscription tiers (contact us for details)

No Guaranteed Response Time:

  • Response time targets are goals, not guarantees

  • Complex issues may require longer investigation and resolution times

  • We will keep you informed of progress on open support tickets

11.6 Data Backup

Platform Backups:

  • Go High Level maintains regular backups of platform data

  • We do not maintain separate backups beyond what Go High Level provides

  • Backup frequency and retention are subject to Go High Level's policies

Your Responsibility:

  • You are responsible for maintaining your own backups of critical data

  • We strongly recommend regular data exports (see Section 6.5)

  • We are not liable for data loss, and recovery is not guaranteed

Data Recovery:

  • Data recovery requests will be handled on a case-by-case basis

  • We cannot guarantee successful data recovery

  • Data recovery may incur additional fees and time delays

12. WARRANTIES AND DISCLAIMERS

12.1 Service Availability

While we strive to provide reliable services, we do not guarantee uninterrupted or error-free access. Services are provided "as is" and "as available" without warranties of any kind.

12.2 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • ACCURACY, RELIABILITY, OR COMPLETENESS OF SERVICES

  • THAT SERVICES WILL MEET YOUR REQUIREMENTS

  • THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE

12.3 No Professional Advice

Our services and any content provided are for informational purposes only and do not constitute legal, financial, or professional advice. You should consult with appropriate professionals for specific advice.

13. LIMITATION OF LIABILITY

13.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

  • LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES

  • DAMAGES RESULTING FROM SERVICE INTERRUPTIONS OR ERRORS

  • DAMAGES RESULTING FROM THIRD-PARTY SERVICES OR INTEGRATIONS

  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

13.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 5 Speed Running Inc, Now Shop Local, and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from or related to:

  • Your use or misuse of our services

  • Your violation of these Terms

  • Your violation of any applicable laws or regulations

  • Your violation of any third-party rights

  • Your Content or data uploaded to our services

  • Your negligence or willful misconduct

  • Your violation of A2P messaging requirements (Section 8)

This indemnification obligation will survive termination of these Terms and your use of our services.

15. DISPUTE RESOLUTION

15.1 Governing Law

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

15.2 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute informally by contacting us with a detailed description of the dispute. We will attempt to resolve the matter within 30 days.

15.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in California, and you consent to personal jurisdiction and venue in such courts.

15.4 Time Limitation

Any claim or cause of action arising from or related to these Terms or our services must be filed within one (1) year after the claim or cause of action arose, or it shall be forever barred.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting updated Terms on our website with a new "Last Updated" date

  • Sending email notification to active subscribers

  • Providing notice through your account dashboard

16.2 Acceptance of Changes

Your continued use of our services after the effective date of modified Terms constitutes acceptance of the changes. If you do not agree to modified Terms, you must cancel your subscription in accordance with Section 5.

16.3 Material Changes

For material changes that adversely affect your rights, we will provide at least 30 days' advance notice before the changes take effect.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced documents, constitute the entire agreement between you and us regarding our services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

17.6 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. You may not bind us or represent that you have authority to do so.

17.7 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: Fees and Payment Terms, Intellectual Property Rights, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

17.8 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict, the English version shall control.

18. CONTACT INFORMATION

If you have questions, concerns, or disputes regarding these Terms or our services, please contact us at:

5 Speed Running Inc (DBA Now Shop Local) Email: [email protected] Address: 17301 Mayerling St. Granada Hills, CA 91344 Phone: 818-468-2547

For legal notices, please send correspondence to the address above, marked "Attention: Legal Department."

19. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


Document Version: 3.0
Effective Date: December 14, 2025
Last Updated: December 14, 2025

© 2025 5 Speed Running Inc. All rights reserved.