These Terms of Service (Agreement) is specifically designed for the FASST Plan, LLC website (together with its pages and features, the “Site”) and all associated “Services”. This Agreement is makes and entered into by and between you and any person helping you access or use the Site or the Services, whether as a guest or a registered user (you, your) on one side and the FASST Plan, LLC on the other side, You and FASST Plan can be referred to herein each as a “Party” or collectively as “Parties”.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE FASST PLAN, LLC.

You are automatically accepting and agreeing with the most recent version of this Agreement whenever you access or us the Site or the Services. Your continuing use of the Site and Services reaffirms your acceptance and agreement in any instance.

If you do not accept and agree to this Agreement in its entirety, then your are strictly prohibited rom accessing FASST Plan, LLC including any of the services offered.

FASST Plan, LLC may supplement, amend, or otherwise modify this Agreement at any time. All modifications will be posted on this or another page of the Site and deemed effective on the modification date. It is your responsibility to review this Agreement each time you access the Site or the Services.

1. ELIGIBILITY

The Site and Services are offered only to users eighteen (18) years of age and older and who have accepted this Agreement. By accessing or using the Site and/or Services you represent that you meet these eligibility requirements and you agree to comply with all applicable laws for accessing and using the Site and/or Services.

2. PRIVACY

FASST Plan, LLC’s policies concerning the collection and use of your personal information in connection with theSite and/or Services are set forth in the Site’s Privacy Policy, which you should carefully review each time you access the Site or use the Services. If you do request or obtain any video materials or Services from FASST Plan, LLC, by giving such consent you agree that no such disclosure will violate the video privacy protection act or any other applicable laws, rules, regulations.

3. DESCRIPTION OF SERVICES

The following describes a few of the various services offered or provided on or through FASST Plan, LLC.

• Content Distribution Services; which include FASST Plan, LLC’s publication, distribution, or transmission of various

  articles, messages, videos, podcasts, recordings, photos, images, graphics, software, and other content owned or

  licensed on or through the Site as well as advertising and event marketing services.

• Platform or Product for purchase; the Services include a platform that allows you to purchase select products

  provided by FASST Plan, LLC or third parties or through the website (e.g. books, merchandise, event tickets).

• Relationship; IN NO EVENT SHALL THIS AGREEMENT, THE PERFORMANCE OF A PARTY’S RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, THE SITE, A PARTY’S ACCESS OR USE OF THE SITE AND/OR SERVICES, OR A PARTY’S OFFERING, MARKETING, PROVISION, PERFORMANCE, ACCEPTANCE OR USE OF ANY PRODUCT OR SERVICE ON, THROUGH, OR IN RELATION TO THE SITE CREATE ANY TYPE OF FIDUCIARY, FRANCHISE, AGENCY, EMPLOYMENT, INDEPENDENT CONTRACTOR, PARTNERSHIP, OR JOINT VENTURE RELATIONSHIP BETWEEN YOU AND FASST PLAN, LLC OR ANY OTHER USER OF THE SITE.

• Parental control; the services may include the publication distribution or transmission of certain content that may not be suitable for children. Such content is intended only for persons who are at least eighteen (18) years of age. FASST Plan, LLC is not responsible for policing and does not track or police the age or maturity of its viewers. This responsibility solely falls you you, the parent, or the legal guardian of any child who may view such content.

  4. YOUR DEVICES

  Certain portions of the Site and/or Services may be configured for and offered through certain computers, tablets, smart phones, or other electronics devices (“Device(s)”). This agreement spans with equal force and measure to you access and use of the Site and/or Services through such Devices. You are responsible for obtaining and updating your Device(s), software, operating systems, career and network access necessary to properly access and use the Site and/ or Services. FASST Plan, LLC does not guarantee that the Site and or Services or any portion thereof will function on or in connection with any particular device, software, operating system, carrier, or network. ALL OR ANY PARTY OF YOUR VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE(S) CARRIER NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICES, FASST PLAN, LLC IS NOT RESPONSIBLE FOR, AND YOU FURHER ACCEPT FULL RESPONSIBILITY FOR ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES,AND TAXES WHICH MAY APPLY.

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5. OWNERSHIP

The site and all elements and derivatives of the Site (including but not limited to all content, information, source codes, object codes data, instructions, documentation, and expressions), as well as copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by FASST Plan, LLC. In no event shall you have or retain any rights ,title, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver of limitation of FASST Plan, LLC’s or its licensors’ respective rights and remedies under applicable law. For the avoidance of doubt, this Agreement persist you to sue the Site and the Services for you personal, non-commercial use only.

6. USER ACCOUNT

• Registration; To secure the right to access the FASST Plan Course (“COURSE”) you must register with the Site and create a personal user account with FASST Plan, LLC through the Site (a “User Account”), as well as reaffirm you acceptance of and agreement to the Agreement and those additional terms, conditions, and policies referenced herein as FASST Plan, LLC may require from time to time. Unless otherwise permitted by FASST Plan, LLC in writing, you may only have one (1) non transferrable user account. You are responsible for all of the activity that occurs under your User Account and are prohibited from authorizing or allowing any third party to access your User Account. Accordingly you should take the necessary steps to protect and keep your User Account and access information details protected and secret including your login name and password. You need to also maintain

accurate, complete, and up to date information in your User Account details (valid and current payment method and email address) because you failure to do so may result in your inability to access, use, or receive all or any part of the Site and/or Services and may lead to FASST Plan, LLC termination of this Agreement. For the sake of security you must immediately notify FASST Plan, LLC if you suspect that a third party has gained access or is making any use of your User Account without authorization. For the avoidance of doubt, FASST Plan, LLC has the unencumbered right to access and use, and allow its agents, employees, representatives, contractors, and vendors to access and use the information in your User Account to facilitate the exercise and performance of FASST Plan, LLC’s rights an obligations under this Agreement.

IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS, ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS, AND ANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT. YOU AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS FASST PLAN, LLC, ALL OF FASST PLAN, LLC’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES AND RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES. TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGEMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITIES ARISING OUT OP OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS AND CONDITIONS.

7. RIGHTS, PERMISSIONS, AND CONSENTS

• License of the Site; Subject to the terms and conditions of this Agreement, FASST Plan, LLC grants your a limited non-exclusive, personal, freely revocable, non-transferrable, and non sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and the content found therein. You must not access or use for any commercial purposes any part f the Site or any services or materials (including, without limitation, the Services) available on or thought the Site. Your unauthorized use of the Site, or any breach of the Agreement, automatically terminates this license.

• License of User Materials; All names, videos, photographs, information, statements, communications, and any other content that you submit to or publish on, through, or in relation to the Site, including those which you submit to or publish on an social media account (Facebook, Instagram, Twitter, Tik-Tok, etc) that you own and link or otherwise associate with the Site, if any and as applicable, is hereinafter defined as “User Materials”. You hereby grant FASST Plan, LLC an irrevocable, non-exclusive, royalty-free, fully paid, transferable, sub-licensable, perpetual, and universe-wide license for FASST Plan, LLC to host, store, reproduce, display, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, rate derivative works, communicate, publish, syndicate, publicly perform, archive, and otherwise use and exploit all or any part of such User Materials in any language, manner, medium, or form as FASST Plan, LLC sees fit in its sole discretion.

  8. SUSPENSION OR TERMINATION OF SERVICE, DISCLAIMER

  FASST Plan, LLC has the right, but not the obligation to suspend or terminate the function or existence of all or any part of the Site. FASST Plan, LLC shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such suspension or termination (including, without limitation and by way of

example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content.

9. PAYMENTS, TRANSACTIONS

Sale transactions conducted on or through the Site will take place through a third party processing vendor (e.g. PayPal, Stripe Venmo, Apple Pay, Google Pay). This is subject to any additional terms and conditions for the third party vendor. FASST Plan, LLC reserves the rights to limit or prohibit orders that in FASST Plan, LLC’s sole discretion appear to be placed by dealers, resellers, or distributors. If you provide FASST Plan, LLC with your payment information then you authorize FASST Plan, LLC to use your payment information to charge payments under you account or accounts in accordance with this Agreement. You agree that you are responsible for the payment of all amounts that accrue on you account(s) with FASST Plan, LLC or in relation to the performance of the Services, if any. • Waiver of Claims in Connection; TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGRTEE TO WAIVE ALL

CLAIMS AGAINST FASST PLAN, LLC ANDITS AFFILIATES RELATED TO ANY UNAUTHORIZED PAYMENTS MADE OJ, THROUGH OR IN RELATION TO YOUR ACCOUNT(S)WITH FASST PLAN, LLC, FASST PLAN, LLC’S THIRD PARTY SELLERS AND PAYMENT PROCESSING VENDORS, AND ANY OTHER THIRD PARTY PROVIDERS OR OTHER PERSON OR ENTITY REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED.

10. ELECTRONIC COMMUNICATIONS

• Express Consent; You hereby expressly consent to FASST Plan, LLC, its affiliates, and any of their respective vendors sending you any type of electronic message (including, without limitation, advertisements and other commercial emails, informational emails, and electronic notices, updates, and newsletters, whether through the site or by email, online social media, or any there electronic media means or forms. By giving such consent, you agree

that no such communication shall violate the can-spam act or any other applicable laws, rules, or regulations. Voice, message, data fees, charges and/or taxes may apply to you , and you are responsible for payment of the same. You may opt-out of receiving any electronic messages from FASST Plan, LLC as described above at any time by any reasonable means, including and without limitation and by way of example by sending an email to info@fasstplan.com with a subject line of Opt-Out of electronic communications. You acknowledge that by opting out of receiving any such communication you may impact your receipt, the success, and/or the performance of all or any part fo the Site and/or your ability to receive messages or notifications from FASST Plan, LLC.

11. PROHIBITED ACTIVITIES

You shall not engage in any of the following activities at any time with respect to the Site: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by FASST Plan, LLC or its licensors with respect to the Site); (c) the reproduction of the Site or any communications, information or content found thereon or therein, in whole or in-part, or the creation of any derivative works of the foregoing (unless expressly authorized by FASST Plan, LLC); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer, or randomly generated content; (g) supplying or publishing any information or statements on, through, or in relation to the Site that is false, misleading, deceptive, or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications; (i) the systematic retrieval-or copying of any information or content found on, through, or in relation to the Site or its

servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (j) the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through, or in relation to the Site or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through, or in relation to the Site or its servers; or (n) any other act that FASST Plan, LLC becomes aware of and believes in good faith is improper, illegal, or harmful to the Site, its servers, or any person, entity, or other property.

12. LINKS TO OTHER SITES, APPS, NETWORKS, PLATFORMS, SERVERS

• Linked Technologies; the Site, or any communications sent on, through, or as a function of the Site, may contain links

  to third-party websites, networks, platforms, servers, or applications, and, similarly, third-party websites, networks, platforms, servers, applications, or communications may contain links to the Site (collectively, “LinkedTechnologies”). The Linked Technologies are not under the control of FASST Plan, LLC. The Site and any such communications contain the outgoing links as a convenience to you, if for any purpose.

• Disclaimer About Linked Technologies; FASST PLAN, LLC IS NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS,CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY,MALICIOUS SOFTWARE, SPYWARE PROGRAMS, INACCURATE INFORMATION,

AND ILLEGAL CONTENT). FASST PLAN, LLC DOES NOT MAKE, NOR HAS FASST PLAN, LLC MADE, ANY REPRESENTATION SOR WARRANTIES (WHETHER EXPRESS, IMPLIED, OR OTHERWISE) CONCERNING THE TERMS OFUSE OR SERVICE, PRIVACY POLICIES, AGREEMENTS, INFORMATION, CONTENT, GOODS,SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES; NOR SHALL THE FACT THAT THE SITE MAY LINK TO OR FROM ANY LINKED TECHNOLOGIES CONSTITUTE AN AFFILIATION WITH, ASSOCIATION WITH, OR ENDORSEMENT OF SUCH LINKED TECHNOLOGIES OR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS,PROGRAMS, CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM SUCH LINKED TECHNOLOGIES. IF YOU DECIDE TO ACCESS ANY LINKED TECHNOLOGIES, THEN YOU DO SO AT YOUR OWN RISK.

13. TAKE DOWN

FASST Plan, LLC reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, statements, names, photographs, information, and/or content made or submitted by you or others on or through the Site that FASST Plan, LLC believes, at any time and in its sole discretion, to be infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; defamatory, disparaging, or embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or something that FASST Plan, LLC considers unsuitable for the Site or its users.


14. USER REPRESENTATIONS, WARRANTIES, AND COVENANTS

You represent, warrant and covenant to FASST Plan, LLC that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that, by accepting this Agreement, you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of thisAgreement; (f) you will not violate any applicable international, federal, state, or local laws which may concern the Site, the Site’s servers or any information, communications, or content found on or through them; (g) you are the exclusive user of all rights, title, and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity, and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you;(i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (l) FASST Plan, LLC is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under thisAgreement; (m) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to FASST Plan, LLC, in connection with your access or use of the Site and/or the Services is truthful and

accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
 


15. RELEASE OF CLAIMS

You hereby release and hold harmless FASST Plan, LLC, FASST Plan, LLC’s parents, subsidiaries, and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, unpaid benefits, unpaid wages, overtime, discrimination, personal injury, property damage, negligence, and/or any other legal theory arising from or in connection with the Site, the products or Services made available on, through, or in relation to the Site(including, without limitation, the Services), and/or the rights and privileges granted or conveyed by you under this Agreement (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives, or marketing of the foregoing). Further, you waive your right to, and in no event shall you seek to, (a) enjoin FASST Plan, LLC, or any of FASST Plan LLC’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees or (b) exercise any of the rights or privileges granted or conveyed by you under this Agreement (including, without limitation, the User Materials).

16. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS FASST PLAN, LLC, FASST PLAN, LLC’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES,REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS,JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY SUCH INDEMNITIES, OR ASSERTED AGAINST SUCH INDEMNITIES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A)YOUR ACTS, ERRORS, OR OMISSIONS, (B) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OFTHIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.


17. FORCE MAJURE

FASST Plan, LLC shall not be liable for delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, or any other cause beyond FASST Plan, LLC’s reasonable control, and the time for FASST Plan, LLC’s performance shall be extended by the period of any such delay. FASST Plan, LLC reserves the right to apportion its production among its customers as it may determine.


18. TERMINATION SURVIVAL

If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to FASST Plan, LLC, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to or accrued in favor of FASST Plan, LLC, any of FASST Plan, LLC’s parents, subsidiaries, or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications, and promises made by you under this Agreement.

19. GOVERNING LAW

This Agreement, the additional terms, conditions, and policies referenced herein (including the Site’s Privacy Policy and Refund Policy), your access or use of the Site or any Services, your registration with the Site, any transactions made on, through, or in relation to the Site, any products or services purchased on, through, or in relation to the Site (including, without limitation, the Services), the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) is governed by the laws of the State of Montana in the United States of America and the applicable federal laws of the United States ofAmerica, regardless of its place of execution, its place of performance, and any conflicts of law analysis.


20. DISPUTE RESOLUTION

• Binding Arbitration Waiver; Each Party hereby irrevocably submits all disputes ,controversies and claims arising from or concerning this Agreement, any additional terms, conditions or policies referenced in this Agreement (including the Site’s PrivacyPolicy and Refund Policy), your access or use of the Site or the Services, any transactions made on, through, or in relation to the Site, any products or services purchased on, through, or in relation to the Site (including, without limitation, the Services), and/or theParties’ relationship (whether grounded in contract, tort, statute, law, or equity)(collectively, the “Dispute(s)”) to binding arbitration and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT HE/SHE/IT IS WAIVING THE RIGHT TO A TRIAL BY JURYOR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.

• Arbitration Rules; The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”),as supplemented by the Federal Rules of Civil Procedure and the Federal Rules ofEvidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and theFederal Rules of Evidence, and the JAMS Rules shall control and govern over theFederal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 23 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

• Arbitration Decisions and Awards; The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45)calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Montana, United States of America, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidentially the Parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal

• Arbitration Fees and Expenses; JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.

• Litigation; Waiver; In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to thisAgreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of Missoula County, Missoula, MT, United States of America and the United States Federal Courts.

• Waiver of Jury Trial and Class Action; REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, AND TO THE FULLEST EXTENT PERMITTED BYLAW, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING, OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING.


  21. NOTICES

  Unless otherwise expressly stated in this Agreement, FASST Plan, LLC may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, as applicable, or by email to your email address as you may provide to FASST Plan, LLC on or through the Site, and such notices shall be deemed effective as of their stated effective dates.


  22. ACCEPTANCE

• Electronic Signatures; IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX”ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT ALONE SUFFICES.


23. CONTACT

Please direct any questions you may have about the Site or this Agreement to info@fasstplan.com with a subject line of “Website Question”. The foregoing contact information may change from time to time by supplementation, amendment, or modification of this Agreement.


DATE: JUNE 1, 2020