Kiosk Terms and Conditions

Schedule A — Terms and Conditions of Sale of Services
Voigt Industries LLC
Version 2.0 | Last Updated: October 16, 2026

1. Applicability

(a) These terms and conditions of sale (these “Terms”) are the only terms that govern the sale and provision of services, including the Customization Services (as defined below) (“Services”) by Voigt Industries LLC, a Wyoming limited liability company (“VOIGT”), to the individual or entity purchasing Services (“Customer”). The electronic order summary reviewed and approved by Customer through the Kiosk (the “Approval of Order”), the electronic receipt issued by VOIGT (the “Invoice”), if any, and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

(b) Customer acknowledges and agrees that these Terms are incorporated in, and are a part of, each quotation, purchase order(s) placed by Customer (“Order”), service order, invoice, release, work order, shipping instruction, specification, and/or any other document, whether expressed verbally, in written form, or electronic communication, relating to the Services (each of the foregoing, an “Other Document”). Notwithstanding anything to the contrary (whether in an Other Document or otherwise), these Terms shall prevail and govern over any other terms and conditions related to the Services that may be proposed by Customer, or that appear on or are referenced in any Other Document, facsimile, email, correspondence, acknowledgement, or other communication, even though such additional or different terms and conditions are issued subsequent to the date of the Agreement. Fulfillment or provision by VOIGT of the Services does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.

(c) To the extent that any Services may involve firearms, firearm components, frames, receivers, or regulated weapons (collectively, “Firearms”), Customer represents and warrants that it: (a) is legally eligible to purchase, possess, and receive Firearms under all applicable federal, state, and local laws; (b) will comply with all applicable laws with respect to the Firearms; (c) holds all required licenses, where required; and (d) Customer shall provide all documentation reasonably requested by VOIGT to verify compliance with applicable law. VOIGT reserves the right to refuse or cancel any Order involving Firearms if, in its sole discretion, Customer does not meet applicable requirements.

(d) VOIGT provides Customer with access to a self-service kiosk and related software interface (the “Kiosk”) through which Customer may select laser engraving, colors, patterns, finishes, and other cosmetic customization options (collectively, the “Customization Options”) to be applied to a Firearm owned by Customer. VOIGT is the sole seller of the Services to Customer. The Services consist of (i) access to the Kiosk, (ii) capturing and confirming Customer’s selected Customization Options, (iii) arranging, through the Dealer and the Vendor, the transfer of the Firearm to and from the Vendor, and (iv) the Customization Services, which VOIGT furnishes to Customer through a Vendor engaged by VOIGT as its subcontractor.

(e) The laser engraving, painting, coloring, patterning, and other physical customization work selected by Customer through the Kiosk (the “Customization Services”) are performed on VOIGT’s behalf by an independent subcontractor engaged and approved by VOIGT to perform such work in its own facility (each, a “Vendor”). The Kiosk displays the Vendors available for the Customization Options selected, and Customer may select the Vendor that will perform the Customization Services. Prices for the Customization Services may vary by Vendor within pricing ranges established by VOIGT, and the price displayed in the Kiosk at the time of the Order is VOIGT’s price for the Services. Customer’s selection of a Vendor does not create any contract between Customer and the Vendor; Customer’s contract for the Services is solely with VOIGT. Each Vendor is required, under its agreement with VOIGT, to perform the Customization Services in accordance with VOIGT’s quality standards and all applicable laws.

(f) Upon Customer’s submission of an Order and payment through the Kiosk, VOIGT will transmit Customer’s selected Customization Options to the selected Vendor. Customer will deliver the Firearm to the Dealer at the Kiosk location, and the Dealer will receive, document, package, and ship the Firearm to the Vendor and receive it back from the Vendor for return to Customer, in each case as required by its agreement with VOIGT and in compliance with all applicable federal, state, and local laws. All Kiosk locations are operated by federally licensed firearms dealers. Customer is responsible for ensuring that Customer is legally eligible to possess the Firearm and to receive it back upon completion, including completing any transfer documentation or background check required by law. Customer authorizes VOIGT to transmit to the Dealer and the Vendor Customer’s selections and such identifying and licensing information as is reasonably necessary to perform the Services or as required by applicable law.

(g) The Kiosk is located at the premises of an independent federally licensed firearms dealer (the “Dealer”) that hosts the Kiosk and serves as Customer’s first point of contact for questions, change requests, status updates, and warranty claims relating to an Order. The Dealer is not a seller of the Services, is not a party to this Agreement, and is not authorized to accept payment for the Services, issue refunds, or make any representation or warranty on VOIGT’s behalf. VOIGT pays the Dealer a referral fee for each completed Order from VOIGT’s own funds; the referral fee is included in VOIGT’s price and is not an additional charge to Customer.

2. Orders

(a) Customer shall issue all Orders only through the Kiosk. By placing an Order, Customer makes an offer to purchase the Services under the commercial terms listed in the Order and these Terms. Each Order shall contain: (i) the Services to be purchased; (ii) the quantities ordered; (iii) the Vendor selected by Customer; and (iv) a description of the Firearm to be customized.

(b) An Order is accepted by VOIGT when the Kiosk confirms the Order and payment is successfully authorized, and VOIGT will then issue an electronic receipt. VOIGT may decline any Order before acceptance, in which case Customer will not be charged. No Order is binding on VOIGT unless accepted by VOIGT as expressly provided herein.

(c) VOIGT may, in its sole discretion, without liability or penalty, cancel any Order placed by Customer and accepted by VOIGT, in whole or in part, at any time, including without limitation: (i) if VOIGT discontinues its sale of Services; or (ii) if VOIGT determines that Customer is in violation of its payment obligations under or has breached or is in breach of the Agreement. VOIGT may also cancel an Order upon notice from the Dealer or the Vendor, in accordance with their respective agreements with VOIGT, if (iii) the Firearm cannot lawfully be received, transferred, shipped, or customized; (iv) the Firearm is unsafe, damaged, or otherwise unsuitable for the selected Customization Options; or (v) the Dealer or the Vendor is unable to perform. If an Order is cancelled under this Section 2(c) before the Customization Services are performed, other than for Customer’s breach, VOIGT will refund the amount paid for the cancelled Services to Customer’s original payment method.

3. Change Orders

(a) Customer may request changes to an Order by submitting the request to the Dealer, which will communicate the request to the Vendor and VOIGT. VOIGT may reject any change request in its sole discretion. Any approved change, and any resulting adjustment to the price or estimated completion date, will be confirmed to Customer in writing or electronically, and any additional amount must be paid to VOIGT through the Kiosk before the change is performed. Customer may not request changes or cancellations once the Firearm has been shipped to the Vendor or the Customization Services have begun.

(b) Notwithstanding anything to the contrary contained in the Agreement or otherwise, VOIGT may, in its sole discretion and from time to time, add, remove, or change the Services without the consent of Customer. Prices and applicable discounts for Services reflected in any publication, including, but not limited to, VOIGT’s marketing materials and websites, or as offered to other third parties are subject to change by VOIGT in its sole discretion without notice to Customer.

4. Risk of Loss; Inspection; Claims and Refunds

(a) All sales are final once the Order is placed in the Kiosk, except as provided in Section 2(c), this Section 4, and Section 14. Any time quoted for completion or return of the Firearm is an estimate only.

(b) Customer retains title to the Firearm at all times. While the Firearm is in the custody of the Dealer, the Vendor, or any carrier engaged by either of them, the Dealer or the Vendor having custody is responsible, under its agreement with VOIGT, for the Firearm’s safekeeping and lawful handling and is required to maintain insurance covering loss of or damage to customer firearms in its custody and in transit. Any claim for loss of or damage to the Firearm while in such custody shall be submitted through the Dealer, and VOIGT will coordinate the claim with the responsible Dealer, Vendor, carrier, and their insurers. Customer agrees to cooperate with the claim process, including by providing proof of ownership and value. VOIGT shall not be liable for any loss, confiscation, delay, or seizure of the Firearm resulting from Customer’s failure to comply with applicable laws, regulations, or requirements.

(c) Customer shall inspect the Firearm when it is returned at the Dealer. Customer shall be deemed to have accepted the Customization Services on the seventh (7th) day after the Firearm is made available for pickup unless Customer earlier notifies the Dealer in writing, with photographs or other documentation reasonably requested, that the Customization Services (i) are materially defective or (ii) do not materially conform to the Customization Options shown on the Approval of Order. No claim will be allowed (i) if the claimed defect arises out of improper storage, use, cleaning, or handling by Customer or its agents, or (ii) for any claimed defect that does not materially impair the appearance or conformity of the Customization Services. Except as provided under Section 2(c), this Section 4, and Section 14, all sales of Services to Customer under the Agreement are final and, except where prohibited by law, Customer has no other right to return Services purchased under the Agreement.

(d) The Dealer is Customer’s first point of contact for all questions and claims relating to an Order, and the Dealer will forward each claim to VOIGT and the Vendor. VOIGT will review each properly submitted claim and determine, in its reasonable discretion, whether to reject the claim, have the Customization Services corrected or reperformed by the Vendor (or, at VOIGT’s option, another Vendor), or refund all or part of the price paid for the affected Services. If the Dealer does not acknowledge Customer’s claim within five (5) business days, Customer may submit the claim directly to VOIGT at [email protected].

(e) All refunds will be issued solely by VOIGT to Customer’s original payment method. Neither the Dealer nor the Vendor is authorized to issue refunds, credits, or payments to Customer on VOIGT’s behalf. Before initiating any chargeback or payment dispute, Customer agrees to submit the claim through the process in this Section 4, and VOIGT may respond to any dispute with the Approval of Order, receipt, and related records.

5. Fees; Payment Terms

(a) In consideration of the Services, Customer shall pay VOIGT the total price shown on the Approval of Order, which includes the price of the Customization Services performed by the selected Vendor, any disassembly and shipping fee, and any applicable taxes. All amounts for the Services are payable only to VOIGT. Customer shall not make any payment for the Services to the Dealer or the Vendor, and Customer’s payment to VOIGT fully satisfies Customer’s payment obligation for the Services. VOIGT is solely responsible for compensating the Dealer and the Vendor under its separate agreements with them; those payments are made by VOIGT from its own funds and are not made on Customer’s behalf.

(b) Payment in full is due at the time the Order is placed and must be made through the payment terminal at the Kiosk; provided, that for full custom projects designated as such by VOIGT, VOIGT may require a deposit at the time of the Order, with the balance due before the Firearm is returned to Customer. Charges will appear on Customer’s statement under the name of VOIGT or Customization Station. If permitted by applicable law and payment card network rules, VOIGT may charge, and Customer agrees to pay to VOIGT, a surcharge equal to 2% on amounts paid by credit card, which will be disclosed in the Kiosk before payment. VOIGT will not perform the Services until payment in full (or any required deposit) is received. Customer will pay all court costs, attorneys’ fees, and other costs and expenses incurred by VOIGT in collecting any unpaid balance or any charge improperly disputed by Customer.

6. Taxes

VOIGT will collect from Customer, as part of the total price shown on the Approval of Order, applicable state and local sales and use taxes on the Services at the combined rate in effect for the location of the Kiosk at which the Order is placed, and VOIGT will remit those taxes to the taxing authorities of the state and locality in which that Kiosk is located. Customer shall be responsible for all such taxes and any other similar taxes, duties, and charges of any kind imposed by any foreign, federal, state, or local governmental authority on any amounts payable by Customer hereunder.

7. Customer’s Obligations

Customer shall: (a) cooperate with VOIGT, the Dealer, and the Vendor in all matters relating to the Services; (b) respond promptly to any request from VOIGT, the Dealer, or the Vendor for direction, information, approvals, authorizations, or decisions reasonably necessary to perform the Services; (c) provide complete and accurate information and materials, including any artwork, text, or logos, needed to perform the Services; and (d) obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Firearm and the Services.

8. Customer’s Acts or Omissions

If VOIGT’s performance of its obligations under the Agreement (or the performance of the Dealer or the Vendor) is prevented or delayed by any act or omission of Customer (or any of its agents, subcontractors, consultants, or employees, if applicable), VOIGT shall not be deemed in breach of its obligations under the Agreement, and none of VOIGT, the Dealer, or the Vendor shall be otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

9. Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), U.S. and foreign trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, brand names, corporate names, and domain names, and all drawings, designs, tooling, dyes, patterns, printing plates, and other items used in connection with the Services, together with all of the goodwill associated therewith, derivative works and all other rights, in each case whether registered or unregistered including all registrations and applications for, and renewals or extensions of, these rights and all similar or equivalent rights or forms of protection in any part of the world (all of the foregoing, collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Customer under the Agreement or prepared by or on behalf of VOIGT in the course of providing the Services (collectively, the “Deliverables”) shall be owned by VOIGT; provided, that drawings provided by Customer to VOIGT will remain the property of Customer. Customer represents and warrants that it owns or has the right to use any artwork, text, logos, or other content it submits for the Customization Services, and grants VOIGT and the Vendor a limited license to reproduce such content solely to perform the Services. VOIGT or the Vendor may refuse any content that either believes infringes third-party rights or is unlawful or offensive.

10. Serial Number

All Firearms under this Agreement shall bear a valid and legible serial number in compliance with applicable law. Customer shall not alter, remove, deface, or obscure any serial number or identifying mark on any Firearm. Customer acknowledges that any violation of this provision may constitute a criminal offense and agrees to indemnify and hold harmless VOIGT from any claims, damages, or liabilities arising out of Customer’s breach of this section.

11. Transaction Records

Customer acknowledges and agrees that VOIGT may collect, store, and disclose personal and transactional information related to Firearms purchases, including identifying information, licensing documentation, and transfer records, as required by applicable law. VOIGT may disclose such information to law enforcement agencies, regulatory authorities, and licensed dealers to comply with legal obligations. All such data shall be handled in accordance with VOIGT’s privacy practices and applicable data protection laws; however, VOIGT makes no representation or warranty that such information will be confidential where disclosure is required by law. Customer acknowledges that the Dealer and the Vendor will also collect, maintain, and have access to such information as necessary to perform the Services and to comply with their own recordkeeping obligations under applicable law.

12. Indemnification

Customer shall defend, indemnify, and hold harmless VOIGT, the Dealer, the Vendor, and their respective officers, members, employees, and agents from and against any and all claims, demands, suits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer’s violation of any applicable law relating to Firearms; (b) Customer’s improper or unlawful use, transfer, storage, or modification of Firearms; (c) any third-party claims arising from Customer’s possession or use of Firearms after delivery; or (d) any artwork, text, logos, or other content supplied by Customer.

13. Confidential Information

All non-public, confidential, and/or proprietary information of VOIGT, including, but not limited to, Intellectual Property Rights, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, trade secrets, technology, and information pertaining to business operations and strategies (collectively, “Confidential Information”), disclosed by VOIGT to Customer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential,” in connection with the provision of the Services and the Agreement is confidential and shall not be disclosed or copied by Customer without the prior written consent of VOIGT. Confidential Information does not include information that is: (a) in the public domain other than as a result of the Customer’s breach of this section; (b) known to Customer at the time of disclosure, as established by documentary evidence; or (c) rightfully obtained by Customer on a non-confidential basis from a third party that was not prohibited from disclosing such information. Customer agrees to use the Confidential Information only to make reasonable use of the Services and Deliverables. VOIGT shall be entitled to injunctive relief for any violation of this section.

14. Limited Warranty; Disclaimer

(a) VOIGT warrants to Customer that, for a period of three hundred sixty-five (365) days after the Firearm is made available for pickup (the “Warranty Period”), the Customization Services will be performed in a professional and workmanlike manner, free from material defects in workmanship, and will materially conform to the Customization Options shown on the Approval of Order. Customer’s sole and exclusive remedy, and VOIGT’s sole obligation, for breach of this warranty is, at VOIGT’s option, correction or reperformance of the nonconforming Customization Services by the Vendor (or another Vendor), or a refund of the price paid for the nonconforming Customization Services. Warranty claims must be submitted through the Dealer in accordance with Section 4.

(b) VOIGT shall have no obligation or liability under the warranty set forth above (i) if Customer (A) fails to promptly notify VOIGT in writing during the warranty period of a non-conformity, (B) uses, misuses, or neglects the Services in a manner inconsistent with the Services’ specifications or use or maintenance directions, or (C) modifies, repairs, refinishes, or improperly cleans, handles, stores, or maintains the Firearm; and/or (ii) for normal wear and tear, holster wear, exposure to solvents or chemicals, minor variations in color, texture, or finish inherent in the customization process, or any condition of the Firearm that existed before the Customization Services were performed.

(c) TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 14, NEITHER VOIGT NOR ANY PERSON ON VOIGT’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF (I) MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE, (III) TITLE, OR (IV) NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY VOIGT OR ANY OTHER PERSON ON VOIGT’S BEHALF.

(d) THE REMEDIES SET FORTH IN THIS SECTION 14 ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND VOIGT’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION 14.

(e) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the Services. Third Party Products are not covered by the warranty in this Section 14. FOR THE AVOIDANCE OF DOUBT, VOIGT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT. The Firearm itself, and any part of the Firearm not altered by the Customization Services, is a Third Party Product, and VOIGT makes no warranty regarding the Firearm’s function, safety, or condition.

15. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL VOIGT OR ANY VOIGT REPRESENTATIVE, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, LOSS OF DATA, DIMINUTION IN VALUE, LOST PROFITS OR BUSINESS OPPORTUNITIES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, ENHANCED, OR EXEMPLARY DAMAGES, LOSSES, COSTS, OR EXPENSES WHATSOEVER, OR FOR COSTS OF COVER OR ATTORNEY OR EXPERT WITNESS FEES, REGARDLESS OF WHETHER ANY OF THE FOREGOING WERE FORESEEABLE, WHETHER VOIGT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL VOIGT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT PAID OR PAYABLE TO VOIGT BY CUSTOMER FOR THE SERVICES UNDER THE APPLICABLE ORDER. THE FOREGOING LIMITATION SHALL NOT APPLY TO LOSS OF OR DAMAGE TO A FIREARM WHILE IN THE CUSTODY OF THE DEALER, THE VENDOR, OR ANY CARRIER, FOR WHICH VOIGT’S LIABILITY SHALL NOT EXCEED THE ACTUAL CASH VALUE OF THE FIREARM AND SHALL BE REDUCED BY ANY AMOUNT CUSTOMER RECOVERS FROM THE DEALER, THE VENDOR, A CARRIER, OR ANY INSURER. SUCH CLAIMS SHALL BE SUBMITTED AND HANDLED AS PROVIDED IN SECTION 4(b). NOTHING IN THE AGREEMENT LIMITS ANY RIGHT OR REMEDY OF CUSTOMER THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. THIS SECTION 15 EXPRESSLY SURVIVES ANY EXPIRATION OR TERMINATION OF THE AGREEMENT.

16. Waiver

No waiver by VOIGT of any of the provisions of the Agreement is effective unless explicitly set forth in writing and signed by VOIGT. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising under the Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

17. Force Majeure

VOIGT shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached the Agreement, for any failure or delay in fulfilling or performing any term of the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of VOIGT, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies or materials, or telecommunication breakdown or power outage.

18. Assignment

Customer shall not assign any of its rights or delegate any of its obligations under the Agreement without the prior written consent of VOIGT. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves Customer of any of its obligations under the Agreement. VOIGT may, without Customer’s consent, delegate, assign, or subcontract (including to Vendors and Dealers) any or all of its duties, rights, or obligations under the Agreement.

19. Relationship of the Parties

Nothing contained in the Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. Each Vendor is an independent subcontractor of VOIGT, and each Dealer is an independent business that hosts the Kiosk and receives a referral fee from VOIGT. Neither the Dealer nor the Vendor is an employee, partner, or joint venturer of VOIGT, and neither is authorized to accept payment for the Services, issue refunds, make warranties, or otherwise bind VOIGT. Nothing in the Agreement limits any right of VOIGT to indemnification, reimbursement, insurance proceeds, or other recovery from any Dealer or Vendor under VOIGT’s separate agreements with them.

20. No Third-Party Beneficiaries

The Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms, except that each Dealer and Vendor is an intended third-party beneficiary of Sections 8 and 12.

21. Governing Law

All matters arising out of or relating to the Agreement are governed by and shall be construed in accordance with the internal laws of the State of Texas, without giving effect to any conflict of law provision or rule (whether of the state where the Services were rendered or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

22. Dispute Resolution; Arbitration

Any dispute, claim, or controversy arising out of or relating to the Agreement, the Services, or any Order, including the scope or enforceability of this Section, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules before a single arbitrator. The arbitration shall be held in Kendall County, Texas, or, at Customer’s election, in the Texas county in which the Kiosk where the Order was placed is located, or by telephone, video conference, or written submissions. Payment of all filing, administrative, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. Either party may instead bring an individual claim in a justice court or other small claims court of competent jurisdiction in Texas. Claims may be brought only in a party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Judgment on the award may be entered in any court of competent jurisdiction. This Section is governed by the Federal Arbitration Act.

23. WAIVER OF JURY TRIAL

CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THE AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES.

24. Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage prepaid). All Notices shall be deemed to have been given (a) when delivered in person, (b) on the day following delivery if sent by a nationally recognized overnight courier, or (c) on the fifth day after the date mailed by certified or registered mail, return receipt requested, postage prepaid.

25. Severability

If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

26. Survival

Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of the Agreement, including, but not limited to, the following provisions: Intellectual Property, Confidential Information, Indemnification, Limited Warranty; Disclaimer (for the Warranty Period), Limitation of Liability, Governing Law, Dispute Resolution; Arbitration, Waiver of Jury Trial, and Survival.

27. Amendment

These Terms may be unilaterally amended or modified by VOIGT at any time. Any such amended or modified version of these Terms shall become effective for all Orders placed after such amended or modified Terms on the earlier of (a) notice to Customer and (b) posting to VOIGT’s website.