REC TECHNOLOGIES, INC.

USER TERMS OF SERVICE

Last Update: April 9, 2024

Thank you for visiting us. We are Rec Technologies, Inc. (“Rec”, “we”, “our” or “us”), a California based technology company modernizing the recreation experience for communities through their local parks and recreation departments. We work directly with parks and recreation agencies to simplify the experience for you to register for sports and recreation activities, reserve facilities or find instructors to learn from. These User Terms of Service (“User TOS”) apply to your access to and use of our platforms, mobile applications, programming and other services (collectively, the “Rec Services”). Please note that by accessing or using the Rec Services, you are agreeing to these User TOS, including the mandatory arbitration provision below. If you do not agree to these User TOS, you may not access or use the Rec Services. If you are accessing or using the Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these User TOS on their behalf.

PLEASE NOTE THAT THESE USER TOS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND REC CAN BE BROUGHT. SEE SECTION 19 BELOW FOR MORE DETAILS. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 19 BELOW.

Our community is of paramount importance. When using the Rec Services, you agree to conduct yourself in accordance with our Community Guidelines, which are designed to help ensure a positive experience for Rec’s community of users, and which shall form a part of these User TOS between you and Rec.

Please note that the Rec Services may allow you to access or use Third Party Offerings (as defined below) that are excluded from the Rec Services and are not subject to any of the terms or obligations set forth in this User TOS. These Third Party Offerings, which include all local parks and recreation departments, are subject to additional terms, conditions and policies that are set by the applicable providers of such Third Party Offerings. For more information, see Section 3 below.

1. What Is Rec? Rec is a technology platform that works with local parks and recreation departments and facilities to modernize the recreation experience for you to register for activities, book facilities and discover new ways to be active in your community. Rec Services are currently available in various locations within the United States.2. Using Rec. By using the Rec Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from Rec, or engaged in any activity that could result in suspension or removal from Rec, and (c) have full power and authority to enter into these User TOS and in so doing will not violate any other agreement to which you are a party. If you use Rec on behalf of another person or entity, including on behalf of anyone under the age of 18, (i) you agree to these User TOS on behalf of yourself and that person or entity, (ii) you represent that you are authorized to agree to these User TOS on that person’s or entity’s behalf, and (iii) all references to “you” throughout these User TOS other than this sentence will include you and that person or entity.The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before knowingly collecting personally identifiable information online from children who are under 13. If you are under the age of 13, please do not attempt to use Rec or the Rec Services or send any personal data about yourself to us. If you are using the Rec Services on behalf of anyone under the age of 18, you further represent and warrant that you are legally authorized to enter into these User TOS on their behalf.3. Third Party Offerings.Your use of the Rec Services may allow you to access or use third party products, applications, websites, local facilities, implementations or services that the Rec Services link to or that are used in conjunction with the Rec Services (collectively, “Third Party Offerings”). These Third Party Offerings are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to Services hereunder. The availability of any Third Party Offerings through the Services does not imply Rec’s endorsement of or affiliation with the provider. Rec does not control Third Party Offerings and will have no liability to you or Affiliates in connection with any Third Party Offerings. Rec has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting Rec to disclose your Data or other information to the extent necessary to utilize the Third Party Offering. YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE, CANCELLATION POLICIES OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS).4. Intellectual Property.a. Your Right to Use Rec. Subject to these User TOS, you are granted a revocable, limited, non-exclusive, non-transferable, non-sublicensable license solely to access and use Rec.b. Restrictions. Like all software platforms, your rights to use Rec come with important and customary restrictions. You may not, nor may you enable anyone else to, (i) impersonate any person or entity, (ii) stalk, threaten, or otherwise harass any person or carry any weapons, (iii) violate any law, rule or regulation, (iv) sell or resell the Rec Services, (v) collect and use any service listings, pictures or descriptions, (vi) distribute, publicly perform or publicly display any of our content outside of Rec (“Rec Content”), (vii) modify or otherwise make any derivative uses of Rec or the Rec Services, or any portion thereof, (viii) use any data mining, robots or similar data gathering or extraction methods, (ix) download any portion of Rec or Rec Content or any information contained therein, (x) use Rec or Rec Content in violation of these User TOS or for any purposes other than their intended purposes, or (xi) post information or interact on or otherwise use Rec in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing or illegal. Any use of Rec other than as specifically authorized in these User TOS (including, without limitation, in our Community Guidelines) will automatically terminate the license granted above and result in the termination of Your User Account.c. Our IP. Rec and Rec Content and all content and other materials provided or otherwise made available by Rec, including, without limitation, our marks, logo and all designs and website and app content, are Rec’s exclusive property or that of our licensors or users, and are protected by U.S. and international intellectual property laws. Except for the license granted above, no additional rights are granted and nothing in these User TOS will be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything to the contrary in these User TOS, Rec may include software components provided by us or a third party that are subject to separate license terms.5. Account Creation. In order to access or use certain areas and features of Rec, you need to create a user account (“Your User Account”). By registering for an account, you agree to (a) provide accurate, truthful, current and complete account information, (b) maintain and promptly update your account information to maintain its accuracy and completeness, (c) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device, (d) promptly notify us if you discover or otherwise suspect any security breaches related to Rec or Your User Account; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.6. Financial Terms a. Fees. You may use Rec to do various things, including reserving sports facilities such as tennis and pickleball courts (“Reservations”) and booking sessions with qualified athletic instructors (“Instructors”), with such sessions referred to as “Instructor Sessions”. Use of Rec, including for Reservations and Instructor Sessions, is subject to payment of associated fees (collectively, “Fees”). Unless otherwise specified by us at the time of booking or by the provider of the applicable Third Party Offering directly all fees are non-refundable and non-cancelable. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase and use of Rec. We may charge and collect these taxes, fees, and duties from you if we determine, in our sole discretion, they may apply. If you believe you have been charged for any taxes that do not apply, you agree to contact our support team within 30 days of invoice of such tax. You may have a duty to directly report and pay taxes if we do not collect such taxes. Prices may be adjusted at any time and for any reason (or no reason) with or without notice to you. Reservations and Instructor Sessions are subject to availability, and Rec reserves the right to cancel or discontinue them in its discretion without prior notice. In the event of a billing error, we reserve the right to correct the error and revise your payment accordingly, which includes charging the correct price.b. Payment and Billing Information. In order to make Reservations or book Instructor Sessions, you will be required to include an acceptable payment method (a credit, debit or other payment method accepted by Rec), which we will keep on file to charge you for Fees incurred by you in connection with your use of Rec (“Payment Method”). By doing so, you represent and warrant that you are authorized to use such Payment Method and that you authorize us or our third-party payment processor to charge this Payment Method for the total amount of your purchase (including any applicable taxes and other charges). If your Payment Method cannot be verified, is invalid or is otherwise unacceptable, the order you placed may be suspended (if and until resolved) or canceled. You can update your Payment Method at any time in Your User Account. Upon addition of a new payment method, we may seek authorization of your selected payment method for verification purposes, ensure the applicable Fees will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of non-sufficient funds charges by the bank issuing your debit or prepaid card. We are not responsible for these charges and are unable to assist you in recovering them from your issuing bank.7. Communications With You. When you create Your User Account, you consent to receive electronic communications from us, which may be via email, SMS, push notification, through Rec, or otherwise or at any of the phone numbers provided by you or on your behalf. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. These communications may include transactional notices regarding Your User Account, including related to payments, password changes and other information. We may also send you promotional communications, including, without limitation, newsletters, special offers, surveys and other news and information we think will be of interest to you. You can opt out of receiving these promotional communications at any time by following the unsubscribe instructions provided in these communications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that opting out of receiving all communications may impact your use of Rec and/or related services. When you opt out of SMS or calls, you may receive a one-time opt-out confirmation text message.8. Procedure for Claiming Intellectual Property Infringement - DMCA Notice. We respect intellectual property laws and expect our users to do the same. It is Rec’s policy to terminate, in appropriate circumstances, users who infringe or are believed to be infringing the intellectual property rights of others. If you believe that anything on Rec infringes any copyright that you own or control, you may notify us at support@rec.us. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.9. Information We Collect About You. All information we collect about you when you visit Rec or use the Rec Services is subject to our Privacy Policy. By using Rec, you acknowledge the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.10. Termination and Account Cancellation If you breach any of these User TOS, we will have the right to suspend or disable Your User Account or terminate these User TOS in our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of Rec at any time, with or without cause. In the event we terminate these User TOS for your breach, you will remain liable for all amounts due hereunder. You may cancel Your User Account at any time by contacting us at support@rec.us. We reserve the right to at any time, with or without prior notice, in our sole discretion and for any reason, modify, suspend, terminate, or stop providing all or portions of Rec. Unless otherwise specified by us at the time of cancellation or termination, all licenses granted to you hereunder shall terminate automatically and your right to use Rec shall cease immediately if your account is terminated. We are not responsible for any loss or harm related to your inability to access or use Rec.11. DISCLAIMERS.

REC, REC CONTENT AND THE REC SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT REC WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH REC OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REC OR THROUGH REC, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF REC AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF REC. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF REC AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF REC.

12. Indemnity. You agree to defend, indemnify, and hold Rec and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, partners, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers, facilities providers, and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation, reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these User TOS, any law or the rights of a third party, and your use of Rec. You also agree that Rec will have control of the defense or settlement, at Rec’s sole option, of any third-party claims.13. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF REC AND ANY FACILITIES AND PARTICIPATING IN ANY INSTRUCTOR SESSIONS REMAINS WITH YOU. NEITHER REC NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING REC OR ASSOCIATED FACILITIES OR INSTRUCTOR SESSIONS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE USER TOS OR FROM THE USE OF OR INABILITY TO USE REC OR ANY FACILITIES OR THROUGH ANY INSTRUCTOR SESSIONS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF REC WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF REC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL REC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TOS OR FROM THE USE OF OR INABILITY TO USE REC OR FACILITIES OR PARTICIPATE IN ANY INSTRUCTOR SESSIONS EXCEED US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

REC OFFERS, AMONG OTHER THINGS, TOOLS, RESOURCES AND PLATFORM ACCESS TO CONNECT THOSE SEEKING THE PROVISION OF CERTAIN SERVICES WITH THOSE SEEKING TO PROVIDE INSTRUCTOR SERVICES. WE DO NOT EMPLOY ANY INSTRUCTORS AND WE HAVE NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USERS. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE PERFORMANCE OR CONDUCT OF ANY USERS (INCLUDING INSTRUCTORS) OR OTHER THIRD PARTIES ONLINE OR OFFLINE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY INSTRUCTOR OR ABOUT YOUR INTERACTIONS OR DEALINGS WITH ANY INSTRUCTOR EXCEPT AS EXPRESSLY STATED ON REC. WE HEREBY EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE US FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR RELATED TO REC, ASSOCIATED FACILITIES OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS (INCLUDING INSTRUCTORS) OR THIRD PARTIES, INCLUDING ANY ACTS OR OMISSIONS OF USERS (INCLUDING INSTRUCTORS) ONLINE OR OFFLINE. PLEASE NOTE THAT WHEN USING ANY FACILITIES OR PARTICIPATING IN AN INSTRUCTOR SESSION, REC IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN ITEMS AND THAT YOU AND ANY GUESTS ACCOMPANYING YOU ARE REQUIRED TO ADHERE TO THEN-CURRENT POLICIES IN PLACE AT SUCH FACILITIES. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE YOU OR YOUR GUESTS CAUSE TO ANY SUCH FACILITIES.

14. Feedback. You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, or other feedback about us or Rec. You understand that we own and may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that we may treat feedback as non-confidential.15. Export Control. You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither Rec nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.16. Assignment You may not assign or transfer these User TOS, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these User TOS without such consent will be null and of no effect. Rec may assign or transfer these User TOS in its sole discretion without restriction. Subject to the foregoing, these User TOS will bind and inure to the benefit of the parties, their successors and permitted assigns.17. Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these User TOS, will be in writing and given (a) by Rec via email (in each case to the primary account email address that you provide) or (b) by posting to Rec. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.18. Controlling Law and Jurisdiction. These User TOS and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.19. DISPUTE RESOLUTION - ARBITRATION. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. You and Rec agree that any dispute, claim or controversy arising out of or relating to these User TOS or the breach, termination, enforcement, interpretation or validity thereof or the use of Rec (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to (a) bring an individual action in small claims court, (b) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, (c) pursue an enforcement action through the applicable federal, state or local agency if that action is available, and (d) seek injunctive relief in a court of law in aid of arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND REC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rec otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.a. Arbitration Rules and Governing Law The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The parties agree that the Federal Arbitration Act applies and will govern the interpretation and enforcement of this Arbitration Agreement.b. Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an experienced (15+ years practicing) attorney licensed to practice law in the state of California.c. Arbitration Location and Procedure Unless you and Rec otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed US$10,000, then the arbitration will be conducted solely on the basis of documents you and Rec submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds US$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.d. Arbitrator’s Decision The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent, to the extent permitted by law, with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.e. Fees Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Dispute Resolution provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.f. Changes Notwithstanding the provisions of Section 21 below, if Rec changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by contact us at support@rec.us) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Rec’s email to you notifying you of such change. By failing to rejecting any change within 30 days, you are agreeing that you will arbitrate any Dispute between you and Rec in accordance with the arbitration provisions of this “Dispute Resolution” section (however entitled) as of the date you first accepted these Terms or accepted any subsequent changes to these User TOS.20. Entire Agreement. These User TOS constitute the entire and exclusive understanding and agreement between Rec and you regarding Rec, and these User TOS supersede and replace any and all prior oral or written understandings or agreements between Rec and you regarding Rec.21. Miscellaneous. The failure by Rec to enforce any right or provision of these User TOS will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rec. Except as expressly set forth in these User TOS, the exercise by either party of any of its remedies under these User TOS will be without prejudice to its other remedies under these User TOS or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these User TOS, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of Rec will survive. We may make changes to these User TOS from time to time. If we make changes, we will post the amended User TOS to Rec and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through Rec. Unless we say otherwise in our notice, the amended User TOS will be effective immediately and your continued access to and use of Rec after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended User TOS, you must stop accessing and using Rec.22. Contact Us. If you have any questions about these User TOS, please contact us at support@rec.us.