Terms of Use

Last Updated: April 11, 2025

Welcome to www.ToBeFormed.com (the "Website"). These Terms of Use ("Terms") govern your use of the Website operated by To Be Formed Corp., a Florida corporation ("TBF”, “Company”, "we", "us", or "our"). By accessing or using the Website, you agree to be bound by these Terms as these Terms set forth a legally binding agreement between you and TBF, and govern your use of any website, mobile application, or online service location that posts a link to these Terms (a “Site”), and all features, content, subscriptions, products, and other services that we own, control, and make available to you that mention or identify these Terms (collectively, with the Sites, the “Service”). These Terms govern your access to and use of the Service. If you do not agree to these Terms, please do not use the Website.

1. Acceptance of Terms

By using the Website, Site, or Service, you agree to comply with and be legally bound by these Terms and, as stated in Section 15 of the Terms, our Privacy Policy as well as you acknowledge and agree to Terms related to conduction this transaction electronically, disclaimers of TBF’s warranties, damage and remedy exclusions and limitation, binding arbitration, waiver of jury trial, and a choice of Florida Law. If you do not agree to these Terms, you must refrain from using the Website.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after any changes constitutes your acceptance of the new Terms.

3. Use of the Website and the Service

You agree to use the Website and our Service only for lawful purposes and in accordance with these Terms. The Service includes, but is not limited to, (i) materials and other items relating to TBF, and its products and services, and similar items from our licensors, affiliates, and other third parties including layout, information, product descriptions, databases, pricing information, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of TBF; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of TBF or our licensors or

certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

A. Accounts and Guest Check-out.

Our Website and Service may require you to register should you, for instance, wish to subscribe to our emails, or check out when buying our merchandise in our Shop. When registering, you agree to provide true, accurate, and complete information. You further agree to : (i) maintain and update your information to keep it true, accurate, current, and complete; (ii) protect and prevent unauthorized access to your registration; (iii) not transfer or share your registration with any third party; and (iv) immediately notify us of any suspected or actual unauthorized use of your registration or breach of security.

Please note that you are solely responsible for all activities that occur under your registration or during checkout, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

If you provide us with payment information, such as your credit card or bank information, you represent and warrant that you are the rightful owner of such payment method and that you are authorized to legally use such payment method.

B. Unlawful Use of Website and Service

You shall not:

• Use the Website and/or Service in any way that violates any applicable federal, state, local, or international law or regulation.

• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.

• Use the Website to exploit, harm, or attempt to exploit or harm minors or anyone else in any way.

• Transmit any advertising or promotional material without our prior written consent.

• Use AI to reproduce, transform, and/or use any part of the Service and Website for any purpose whatsoever.

• Should you be a minor between the age of 13 years and 18 years, you are allowed to use the Service only with the permission of your parent or guardian. We do not sell products or services to children, but only to adults who can make such purchases with a valid credit card or other permitted payment method. Our Services and the Content are not directed

at or meant for individuals under the age of 13. NO ONE UNDER THE AGE OF 13 IS PERMITTED TO USE OR ACCESS THE SERVICE OR CONTENT. Anyone under the age of 13 who uses the Service or Content, or who assists anyone under the age of 13 to use the Service or Content, is in violation of these Terms and will have their account immediately terminated.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall not, therefore, reproduce, scan, or distribute any part of this Website in any form without prior express written approval from us. Further, no part of this Website may be used or reproduced in any manner for the purpose of training, using, servicing, and/or furthering artificial intelligence technologies or systems.

4.1 Trademarks

All trademarks, service marks, logos, and trade names used on the Website are proprietary to the Company or its licensors. You may not use, reproduce, or display any of these trademarks without our express prior written consent, as stated in Section 4.0. Unauthorized use of any trademarks shall violate trademark laws.

4.2 Copyrights

All content on the Website, including but not limited to text, graphics, images, videos, and software, is protected by copyright laws. You may not copy, distribute, modify, or create derivative works from any content without our express prior written consent. Unauthorized use of copyrighted material shall violate copyright laws.

4.4 User Contributions

You may have the opportunity to submit ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through the Service or other platforms, including “tagging” us or engaging with us on third party platforms (collectively, “Submissions”).By submitting any content or materials to the Website, you grant the TBF a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or have the necessary rights to the content you submit and that your submission does not violate any intellectual property rights of others.

4.5 Infringement Claims

If you believe that any content on the Website infringes your intellectual property rights, please contact us at legal@tobeformed.com with a detailed description of the alleged infringement. We will investigate and take appropriate action, which may include removing the infringing content.

5. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms.

6. Content Standards

User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.

7. Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

8. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

9. Disclaimer of Warranties

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

10. Limitation of Liability

In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website, or any services or items obtained through the Website.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

12. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, Broward County, without giving effect to any choice or conflict of law provision or rule.

13. Agreement to Arbitrate Disputes

You and TBF shall agree to first go to mandatory pre-suit mediation for any and all legal claims that may arise in connection with the use of the Site and its Service (including but not limited to its Content, any Additional Terms, and/or our Privacy Policy). Should such legal claims not be resolved by mandatory pre-suit mediation, then both you and TBF agree to resolve any claims that may arise in connection with the use of the Site and its Service (including but not limited to its Content, any Additional Terms, and/or our Privacy Policy) by final and binding mandatory arbitration as described herein.

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. DO NOT USE THIS SITE AND SERVICE IF YOU DO NOT AGREE TO THE FOLLOWING BINDING ARBITRATION TERMS (“ARBITRATION AGREEMENT”).

A. You and TBF Agree to Arbitrate.

You and TBF agree to resolve any claims relating to the Service, Content, Site, any further Additional Terms, and our Privacy Policy through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Notwithstanding the foregoing, should you have in any way violated TBF’s intellectual property rights (including but not limited to trademark, trade secret, or copyright), we have the right to bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or TBF’s Intellectual Property infringement. You knowingly and voluntarily waive your right to appeal the arbitration award and understand, acknowledge, and accept that the arbitration award is therefore non-appealable.

B. What is Arbitration?

Arbitration seeks to resolve legal disputes quickly and efficiently. Instead of having a judge or jury, a neutral arbitrator, who has the power to award the same relief as a judge, decides the issue. If any provision of the arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall remain enforced.

C. No Class Actions.

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

D. Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and TBF in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TBF WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

E. Choice of Law/Forum Selection.

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a federal or state court of competent jurisdiction located in Broward County, FL.

14. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and TBF regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

16. User Data Privacy

We are committed to protecting your privacy and handling your personal data responsibly. This section outlines our practices regarding the collection, use, and disclosure of your data. Should you wish to unsubscribe to our Website, you may send us an email at info@tobeformed.com with the subject line “Unsubscribe”.

16.1 Data Collection

We collect personal data that you voluntarily provide to us when you use the Website, such as your name, email address, and any other information you choose to provide. We may also collect data automatically through cookies and similar technologies.

16.2 Use of Data

We use your personal data to:

• Provide, operate, and maintain the Website.

• Improve, personalize, and expand the Website.

• Understand and analyze how you use the Website.

• Communicate with you, either directly or through one of our partners, including customer service, to provide you with updates and other information relating to the Website, and for marketing and promotional purposes.

• Process your transactions and manage your orders.

• Send you emails.

• Find and prevent fraud.

16.3 Data Sharing

We do not sell, trade, or otherwise transfer your personal data to outside parties except as described in this section:

• We may share your data with trusted third-party service providers who assist us in operating the Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

• We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

16.4 Data Security

We implement a variety of security measures to maintain the safety of your personal data when you enter, submit, or access your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee its absolute security.

16.5 Your Rights

Depending on your location, you may have the following rights regarding your personal data: • The right to access – You have the right to request copies of your personal data.

• The right to rectification – You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.

• The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

• The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

• The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

• The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

17. User Consent

By using the Website, you consent to our collection, use, and sharing of your personal data as described in these Terms and our Privacy Policy. You acknowledge that you have read and understood these Terms and our Privacy Policy, and you agree to be bound by them. If you do not consent to these practices, please do not use the Website.

18. Sale of Merchandise

The Website may offer merchandise for sale. All merchandise purchases through the Website are subject to the following terms:

18.1 Payment Options

Our Website contains all of the payment methods for merchandise purchases.

18.2 Order Processing

Orders will be processed once payment is received and verified. You will receive a confirmation email with your order details and estimated delivery time.

Please note that product and pricing descriptions may change at any time without notice. We also reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected.

18.3 Shipping and Delivery

We offer various shipping options, which will be displayed at checkout. Delivery times may vary based on your location and the shipping method selected.

All physical products you purchase from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you as soon as we provide the product to the carrier or shipping company.

Products shipped to destinations outside the United States will be imported on your behalf. You authorize us to import the products on your behalf. Further, you agree that we may delegate the obligation to import the products on your behalf to a subcontractor (e.g., customs broker). You will pay the taxes & duties in addition to the purchase price of the products.

You are responsible for providing an accurate and current delivery address each time you place an order. We are not responsible or liable for lost packages if the item is delivered to the address you indicated in your purchase, and we are not responsible or liable for stolen packages. We may or may not replace lost or stolen packages in our sole discretion.

18.4 Returns and Refunds

We do not accept returns. If you have an issue once you have received your order, please email us at info@tobeformed within seven days of receipt of your order, and we will try to resolve the matter. You must include your order number in the subject line, and should we decide to accept your return, your item must remain unopened and returned within twenty (20) days of placing your order. You are responsible for all costs of return shipping on all exchanges we accept. We cannot exchange one item for a different item. Please understand that sizes may be limited.

18.5 Taxes

Applicable sales tax will be added to your order based on your shipping address. You are responsible for any additional taxes or duties that may apply to international orders.

19. Contact Information

To ask questions or comment about these Terms, our Privacy Policy, please contact us at info@tobeformed.com.