DMDC Designs L.L.C. dba DMDC DISTINCT™

TERMS AND CONDITIONS

Effective Date: 10/16/2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions (hereinafter "Terms," "Agreement," or "Terms and Conditions") constitute a legally binding agreement made and entered into as of the Effective Date set forth above, by and between DMDC Designs L.L.C. dba DMDC DISTINCT™, a limited liability company organized and existing under the laws of the State of California, with its principal place of business at 65 Pine Ave, Long Beach, Ca 90802 (hereinafter "DMDC DISTINCT™," "the Company," "we," "us," or "our"), and any individual or entity who accesses or uses the Company's website located at www.dmdcdistinct.com (hereinafter "User," "you," or "your").

These Terms govern your access to and use of the Company's website, digital content, products, and services. By accessing or using this Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, including all policies and terms incorporated herein by reference. If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, in which case "you" and "your" will refer to that organization.

1. AGREEMENT TO TERMS

By accessing, browsing, or otherwise using the Site located at www.dmdcdistinct.com, or by clicking a button or checkbox that references these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any additional guidelines, policies, or rules applicable to specific features or sections of the Site, all of which are incorporated herein by reference.

If you do not agree with any part of these Terms, you are expressly prohibited from accessing or using the Site and must discontinue use immediately. Your continued access to or use of the Site following the posting of any modifications to these Terms constitutes your binding acceptance of those modifications.

DMDC DISTINCT™ reserves the right, in its sole discretion, to update, revise, supplement, or otherwise modify these Terms at any time and from time to time, without prior notice. The most current version of these Terms will be posted on the Site with the updated Effective Date. It is your responsibility to review these Terms periodically. If any modification is unacceptable to you, your sole remedy is to cease using the Site.

Your use of this Site is also governed by the Company's Privacy Policy, which is incorporated into these Terms by reference and made a part hereof. Please review the Privacy Policy carefully prior to using the Site.

2. DEFINITIONS

As used throughout these Terms and Conditions, the following terms shall have the meanings ascribed to them below:

"Company" means DMDC Designs L.L.C. dba DMDC DISTINCT™, its members, managers, officers, employees, agents, successors, and assigns.

"Site" means the Company's website located at www.dmdcdistinct.com, including all subdomains, subpages, content, features, tools, and services available thereon.

"User" means any individual or entity that accesses, browses, registers on, or otherwise uses the Site in any capacity, whether as a visitor, registered member, customer, or otherwise.

"Services" means all products, services, features, functions, content, applications, and tools offered by DMDC DISTINCT™ through or in connection with the Site, whether provided free of charge or for a fee.

"Content" means all text, graphics, photographs, images, logos, icons, audio clips, video, digital downloads, data compilations, software, code, design elements, trade dress, and any other material or information available on or through the Site.

"Intellectual Property" means all patents, copyrights, trademarks, trade dress, trade secrets, service marks, domain names, moral rights, rights of publicity, and all other intellectual property rights and proprietary rights, whether registered or unregistered, and all applications and registrations therefor, recognized under the laws of any jurisdiction worldwide.

"User Content" means any content, data, information, text, images, photographs, video, audio, comments, reviews, feedback, ratings, messages, or other material that a User submits, posts, uploads, transmits, or otherwise makes available through or in connection with the Site or Services.

"Third-Party Links" means hyperlinks, references, or connections to websites, platforms, applications, products, or services owned, operated, or provided by parties other than DMDC DISTINCT™, which may appear on or be accessible through the Site.

3. ELIGIBILITY

The Site and Services are intended solely for individuals who are at least eighteen (18) years of age, or the age of majority in their applicable jurisdiction, whichever is greater. By accessing or using the Site in any manner, you represent and warrant that: (a) you are at least 18 years of age or the applicable age of majority in your jurisdiction; (b) you have the legal capacity and authority to enter into a binding agreement; (c) you are not barred from receiving Services under applicable law; and (d) all information you provide to the Company is accurate, current, and complete.

The Site is not directed to, and DMDC DISTINCT™ does not knowingly collect personal information from, children under the age of 13. If you are under the age of 13, you are strictly prohibited from using this Site. If the Company becomes aware that a user under the age of 13 has provided personal information without verifiable parental consent, it will take steps to remove such information promptly.

DMDC DISTINCT™ reserves the right, in its sole and absolute discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders to any person or entity, at any time, for any reason or no reason, without liability.

4. USE OF THE SITE

4.1 Permitted Uses. Subject to your compliance with these Terms, DMDC DISTINCT™ grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site solely for your own personal, non-commercial, and lawful purposes. You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set forth in these Terms.

4.2 Prohibited Uses. You agree that you will not, under any circumstances, directly or indirectly:

(a) Use the Site or Services for any unlawful purpose, or in violation of any applicable local, state, national, or international law or regulation;

(b) Use any automated system, robot, spider, scraper, crawler, or other data mining or extraction tool to access, scrape, index, copy, or collect any Content from the Site without the Company's express prior written consent;

(c) Reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to derive or gain access to the source code of any portion of the Site or its underlying software;

(d) Circumvent, disable, damage, or otherwise interfere with any security feature, authentication mechanism, or access control system of the Site, or any feature that prevents or restricts use or copying of any Content;

(e) Impersonate any person or entity, including any employee, member, manager, or representative of DMDC DISTINCT™, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(f) Upload, transmit, distribute, or otherwise make available any malware, virus, Trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful;

(g) Harass, threaten, intimidate, stalk, defame, or otherwise engage in conduct that is abusive, harmful, or objectionable toward any person;

(h) Attempt to gain unauthorized access to any part of the Site, or to any account, computer system, or network connected to the Site, by hacking, password mining, or any other means;

(i) Submit, post, or transmit any false, misleading, or fraudulent information, content, or communications through or in connection with the Site;

(j) Interfere with, disrupt, or create an undue burden on the servers, networks, or infrastructure connected to the Site, or attempt to do so;

(k) Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use or enjoyment of the Site;

(l) Collect, harvest, or compile any personally identifiable information of other Users without their express consent; or

(m) Use the Site to advertise or offer to sell any goods or services for any commercial purpose without the Company's express prior written consent.

4.3 Enforcement. DMDC DISTINCT™ reserves the right, at its sole discretion and without prior notice or liability, to investigate any suspected violation of these Terms and to suspend, restrict, or permanently terminate your access to the Site and Services, in whole or in part, for any violation or suspected violation of these Terms or any applicable law. The Company may also refer suspected unlawful activity to appropriate law enforcement authorities.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership. The Site and all of its Content — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, video, data compilations, software, code, design elements, look and feel, and trade dress — are the exclusive property of DMDC Designs L.L.C. dba DMDC DISTINCT™ or its content suppliers, partners, or licensors. All rights not expressly granted herein are reserved.

5.2 Intellectual Property Protections. All Content on the Site is protected by applicable United States and international copyright, trademark, trade dress, trade secret, patent, and other intellectual property laws and treaties. Unauthorized use of any Content may violate such laws and may subject you to civil and criminal penalties, including possible monetary damages, injunctive relief, and attorneys' fees.

5.3 Restrictions on Use. No Content on the Site may be reproduced, duplicated, copied, sold, resold, visited, distributed, publicly displayed, modified, translated, adapted, transmitted, published, broadcast, scraped, framed, deep-linked, or otherwise used or exploited for any commercial purpose, or in any manner not expressly permitted by these Terms, without the prior express written consent of DMDC DISTINCT™. Any unauthorized use automatically and immediately terminates any permission or license granted to you.

5.4 Limited License to Users. Subject to your full compliance with these Terms, DMDC DISTINCT™ grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Content on the Site solely for your personal, non-commercial use. This license does not include the right to: (a) modify or create derivative works based on the Site or its Content; (b) use the Content for any commercial purpose; (c) remove any copyright, trademark, or other proprietary notice from any Content; or (d) use any data mining, robots, or similar data gathering and extraction tools on any Content.

5.5 Trademarks. The name "DMDC DISTINCT™," the DMDC DISTINCT™, DMDC™ Stylized logo and all related names, logos, product and service names, designs, slogans, and trade dress are registered or common law trademarks of DMDC™ Designs L.L.C. dba DMDC DISTINCT™. You may not use such marks without the prior written permission of DMDC DISTINCT™. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

All content, designs, logos, trademarks, and digital assets displayed on this site—including DMDC DISTINCT™ and DMDC™ (D. Mitch Designs Collections)—are protected under U.S. and international intellectual property laws. Unauthorized use, reproduction, or distribution is strictly prohibited and will be pursued legally.

6. USER CONTENT

6.1 License Grant. By submitting, posting, uploading, transmitting, or otherwise making available any User Content through or in connection with the Site or Services, you hereby grant to DMDC DISTINCT™ a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, access, store, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly perform, publicly display, and otherwise exploit such User Content, in whole or in part, in any media formats and through any media channels now known or hereafter devised, for any lawful purpose, including without limitation for promoting, advertising, and operating the Site and Services, without further notice to or consent from you, and without payment of any compensation to you.

6.2 Representations and Warranties. By submitting User Content, you represent and warrant that: (a) you own or otherwise have all necessary rights and permissions in and to the User Content and the right to grant the license described herein; (b) the User Content does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, moral rights, or any other rights; (c) the User Content does not and will not violate any applicable law or regulation; and (d) the User Content does not contain any material that is false, misleading, defamatory, obscene, indecent, offensive, harassing, threatening, or otherwise objectionable.

6.3 Retention of Ownership. You retain all ownership rights in and to your original User Content. The license you grant to DMDC DISTINCT™ under Section 6.1 does not transfer ownership of your User Content to the Company.

6.4 Company's Right to Remove Content. DMDC DISTINCT™ reserves the right, but not the obligation, to monitor, review, screen, edit, refuse, remove, or disable access to any User Content at any time, for any reason or no reason, in its sole and absolute discretion, without notice or liability to you. The Company does not assume any responsibility or liability for User Content, nor does it assume any obligation to monitor or review User Content.

6.5 Feedback. If you provide DMDC DISTINCT™ with any feedback, suggestions, ideas, improvements, or other information regarding the Site or Services ("Feedback"), you hereby assign to the Company all rights, title, and interest in and to such Feedback, and the Company shall be free to use such Feedback without restriction or compensation to you.

7. DMCA / COPYRIGHT INFRINGEMENT NOTICE

7.1 DMCA Policy. DMDC DISTINCT™ respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) ("DMCA"), the Company has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers.

7.2 Designated Copyright Agent. If you believe that any Content on the Site infringes your copyright or the copyright of someone you are authorized to represent, you may submit a written notification of claimed infringement to the Company's designated copyright agent at the following address:

Designated Copyright Agent: [DMCA AGENT NAME]

Email: support@dmdcdistinct.com

Mailing Address: 65 Pine Ave, Long Beach, CA 90802

7.3 Required Elements of a Valid DMCA Notice. To be effective, your written notice of claimed copyright infringement must include all the following:

(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(b) A description of the copyrighted work or works that you claim have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) A description of the material that you claim is infringing and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit the Company to locate the material on the Site;

(d) Your contact information, including your name, mailing address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

(f) A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

7.4 Counter-Notification Procedure. If you believe that your User Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law to post and use the material in question, you may send a written counter-notification to the Company's designated copyright agent at the address provided in Section 7.2. To be effective, your counter-notification must include all of the following:

(a) Your physical or electronic signature;

(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and

(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in the judicial district in which your address is located, or if your address is outside of the United States, in any judicial district in which DMDC DISTINCT™ may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

7.5 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, DMDC DISTINCT™ has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, the accounts or access of Users who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit or terminate access to the Site and Services of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. PRIVACY POLICY

Your use of the Site is also governed by the Company's Privacy Policy, which is hereby incorporated into and made a part of these Terms by this reference. The Privacy Policy is available on the Site at www.dmdcdistinct.com /privacy-policy (or such other URL as the Company may designate from time to time). By using the Site, you consent to the collection, use, storage, processing, and disclosure of your personal information and data as described in the Privacy Policy.

Please review the Privacy Policy carefully before using the Site. If you do not agree with the terms of the Privacy Policy, you must not access or use the Site. In the event of any conflict between these Terms and the Privacy Policy with respect to data privacy and collection practices, the Privacy Policy shall control.

The Company may update the Privacy Policy from time to time. Your continued use of the Site following any such changes constitutes your acceptance of the updated Privacy Policy.

9. THIRD-PARTY LINKS & SERVICES

The Site may contain links, references, or connections to third-party websites, platforms, applications, products, or services ("Third-Party Links") that are not owned, operated, or controlled by DMDC DISTINCT™. The inclusion of any Third-Party Link on the Site does not imply endorsement, approval, affiliation, or sponsorship by DMDC DISTINCT of the linked website, its content, products, services, or operators. DMDC DISTINCT™ has no control over, and assumes no responsibility for, the content, privacy policies, data practices, terms of service, accuracy, or availability of any third-party websites or services.

You acknowledge and agree that your access to and use of any third-party website or service linked from the Site is entirely at your own risk and subject to the terms and conditions and privacy policies of such third-party websites and services. DMDC DISTINCT™ shall not be liable for any harm, loss, damage, or dissatisfaction arising from or related to your use of any third-party website, service, product, or content.

You are encouraged to read the terms of service and privacy policies of any third-party websites you visit. DMDC DISTINCT™ does not warrant the accuracy, legality, decency, or any other aspect of any third-party site or service. If you choose to access a third-party site through a link on our Site, you do so at your own risk.

10. DISCLAIMERS OF WARRANTIES

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DMDC DISTINCT, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, DMDC DISTINCT MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED.

DMDC DISTINCT™ DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR DEVICE OR SYSTEMS ARISING FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DMDC DISTINCT™ OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. If you reside in such a jurisdiction, some of the above exclusions may not apply to you to the extent prohibited by applicable law. In such cases, the Company's warranties shall be limited to the fullest extent permitted by applicable law.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DMDC DISTINCT™, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF BUSINESS; LOSS OF GOODWILL; LOSS OF DATA OR INFORMATION; LOSS OF ANTICIPATED SAVINGS; BUSINESS INTERRUPTION; COST OF SUBSTITUTE GOODS OR SERVICES; DAMAGE TO REPUTATION; COMPUTER DAMAGE OR SYSTEM FAILURE; OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR SERVICES, ANY CONTENT OBTAINED FROM THE SITE, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF DMDC DISTINCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF DMDC DISTINCT™ AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DMDC DISTINCT™ IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS (USD $100.00).

The foregoing limitations of liability shall apply even if any limited remedy set forth herein fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or certain other types of damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of DMDC DISTINCT™ shall be limited to the fullest extent permitted by applicable law.

12. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DMDC Designs L.L.C. dba DMDC DISTINCT™ and its members, managers, officers, directors, employees, contractors, agents, partners, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, judgments, awards, fines, penalties, costs, and expenses, including without limitation reasonable attorneys' fees and court costs, arising out of or in any way related to:

(a) Your access to or use of the Site or Services, or any activity conducted by you through or in connection with the Site or Services;

(b) Your breach or alleged breach of any representation, warranty, covenant, obligation, or other provision of these Terms;

(c) Your violation of any applicable law, rule, or regulation, including but not limited to any applicable data privacy laws;

(d) Your infringement, misappropriation, or violation of any intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; or

(e) Any User Content you submit, post, transmit, or otherwise make available through or in connection with the Site or Services.

DMDC DISTINCT™ reserves the right, at its own cost and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with the Company in asserting any available defenses. You agree not to settle any matter giving rise to your indemnification obligation without the prior written consent of DMDC DISTINCT™. Your indemnification obligation shall survive the termination or expiration of these Terms and your use of the Site.

13. GOVERNING LAW & JURISDICTION

These Terms and Conditions, and any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any choice of law or conflict of law rules, provisions, or principles that would cause the application of the laws of any jurisdiction other than the State of California.

Subject to the binding arbitration provisions set forth in Section 14 below, for any legal action or proceeding not subject to arbitration or in which arbitration is waived, you expressly and irrevocably consent to personal jurisdiction and exclusive venue in the state and federal courts of competent jurisdiction located in Los Angeles County, State of California, United States of America. You hereby waive any objection to such jurisdiction and venue, including any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

14. DISPUTE RESOLUTION & BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact DMDC DISTINCT™ in writing at legal@dmdcdistinct.com or 65 Pine Ave, Long Beach, CA 90802 and provide a written description of the dispute, the relief sought, and your contact information. The parties agree to use good faith efforts to resolve the dispute informally for a period of thirty (30) days from the date the written notice is received by the Company (the "Negotiation Period"). If the dispute is not resolved during the Negotiation Period, either party may proceed to binding arbitration as set forth below.

14.2 Binding Arbitration. Except as set forth in Section 14.6, if the parties are unable to resolve a dispute through informal negotiation within the Negotiation Period, any dispute, controversy, or claim arising out of or relating to these Terms, the Site, the Services, or the breach, termination, or validity thereof (each, a "Dispute") shall be resolved by final, binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules and Procedures (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration shall be conducted by a single, neutral arbitrator.

14.3 Arbitration Proceedings. The arbitration shall be conducted in Los Angeles, CA, or via videoconference at the election of either party if permitted under the AAA Rules. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction. The arbitrator shall issue a written decision setting forth the essential findings and conclusions upon which any award is based. The decision of the arbitrator shall be final, conclusive, and binding upon the parties, and judgment upon the arbitration award may be entered and enforced in any court of competent jurisdiction. The costs and fees of arbitration shall be allocated in accordance with the AAA Rules, provided that DMDC DISTINCT™ reserves the right to pay all costs and fees of the arbitration in order to proceed with arbitration.

14.4 CLASS ACTION WAIVER. YOU AND DMDC DISTINCT™ EACH EXPRESSLY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION, COLLECTIVE ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. IF A DISPUTE IS ARBITRATED, NEITHER YOU NOR DMDC DISTINCT™ MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator shall have no authority to conduct any class-wide arbitration proceeding. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined exclusively by a court of competent jurisdiction, not by an arbitrator.

14.5 Arbitration Award. The arbitrator's award shall be final and binding on the parties. Judgment upon the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

14.6 Exceptions to Arbitration. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction, without first engaging in the informal dispute resolution process or arbitration, in order to: (a) prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (b) prevent unauthorized access to, or misuse of, the Site or Services. The seeking of such emergency relief shall not waive either party's right to demand arbitration of any Dispute.

14.7 Opt-Out Provision. You may opt out of the binding arbitration and class action waiver provisions of this Section 14 by sending written notice of your decision to opt out to DMDC DISTINCT™ at support@dmdcdistinct.com or 65 Pine Ave, Long Beach, CA 90802 within thirty (30) days of the date you first access or use the Site (the "Opt-Out Deadline"). Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms will continue to apply to you, including the Governing Law provision in Section 13. If you do not opt out by the Opt-Out Deadline, you will have irrevocably waived your right to opt out of arbitration.

14.8 Severability of Arbitration Provisions. If the Class Action Waiver in Section 14.4 is found to be unenforceable in a given case, then the arbitration agreement in Section 14.2 shall be severed from these Terms with respect to that case, and the parties agree that any such action shall proceed exclusively in the state or federal courts located in Los Angeles County, State of California. All other provisions of Section 14 shall remain in full force and effect.

15. TERMINATION

DMDC DISTINCT™ reserves the right, in its sole and absolute discretion and without prior notice or liability to you, to suspend, restrict, or permanently terminate your access to the Site and Services, or any portion thereof, at any time and for any reason, including but not limited to your actual or suspected violation of any provision of these Terms, any applicable law or regulation, or for any other conduct that the Company determines, in its sole discretion, to be harmful to other Users, third parties, or the Company's business interests.

Upon any termination of your access to the Site or Services: (a) all licenses and rights granted to you under these Terms shall immediately and automatically cease and terminate; (b) you must immediately cease all use of the Site and Services; and (c) any provisions of these Terms that by their nature are intended to survive termination shall survive, including without limitation the following sections: Section 2 (Definitions), Section 5 (Intellectual Property Rights), Section 6 (User Content), Section 10 (Disclaimers of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Governing Law & Jurisdiction), Section 14 (Dispute Resolution & Binding Arbitration), and Section 18 (Entire Agreement & Severability).

The Company's termination of your access to the Site shall be in addition to, and not in lieu of, any other rights or remedies available to DMDC DISTINCT™ at law or in equity. Termination of these Terms shall not affect any rights or obligations that have accrued prior to the effective date of termination.

16. CHANGES TO TERMS

DMDC DISTINCT™ reserves the right, at its sole discretion, to modify, amend, update, supplement, or otherwise change these Terms at any time and from time to time, without prior notice, by posting a revised version of these Terms on the Site with an updated Effective Date. The Company may, but is not obligated to, also provide notice of material changes through additional means, such as by posting a notice on the Site's homepage, by sending an email notification to a registered email address on file, or by other reasonable means of notification.

Any changes to these Terms will become effective immediately upon posting on the Site, unless otherwise stated. Your continued access to or use of the Site after any such changes have been posted constitutes your binding acceptance of and agreement to the revised Terms. If you do not agree to any revised Terms, you must immediately cease using the Site.

You are encouraged to review these Terms periodically to ensure you are fully informed of the then-current Terms applicable to your use of the Site. The date of the most recent revision will always be reflected in the Effective Date at the top of this document. Your continued use of the Site following any update shall not be construed as a waiver of any rights you may have to challenge the enforceability of the updated Terms.

17. ACCESSIBILITY

DMDC DISTINCT™ is committed to ensuring that the Site is accessible to all individuals, including those with disabilities, to the greatest extent practicable and in accordance with applicable law. The Company endeavors to conform to the Web Content Accessibility Guidelines (WCAG) and to continuously improve the accessibility of the Site and its digital content and Services.

If you experience any difficulty accessing any portion of the Site, encounter an accessibility barrier, or have suggestions for how the Company can improve accessibility, please contact us at support@dmdcdistinct.com. Please include a description of the specific accessibility issue you encountered, the URL or location on the Site where the issue occurred, and your preferred method of contact. DMDC DISTINCT™ will make reasonable efforts to address accessibility issues in a timely manner and to provide accessible alternatives where feasible.

18. ENTIRE AGREEMENT & SEVERABILITY

18.1 Entire Agreement. These Terms and Conditions, together with the Company's Privacy Policy and any other legal notices, policies, guidelines, or rules published by DMDC DISTINCT™ on the Site from time to time, constitute the entire agreement between you and DMDC DISTINCT™ with respect to your use of the Site and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, warranties, negotiations, and discussions, whether oral or written, between you and the Company regarding the subject matter hereof.

18.2 Severability. If any provision of these Terms, or the application thereof to any person or circumstance, is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if such modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

18.3 Waiver. No waiver by DMDC DISTINCT™ of any right, term, or provision of these Terms shall be deemed a further or continuing waiver of such right, term, provision or any other right, term, or provision. A failure by DMDC DISTINCT™ to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver by the Company must be in writing and signed by an authorized representative of DMDC DISTINCT™ to be effective.

18.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of DMDC DISTINCT™. Any attempted assignment in violation of this Section shall be null and void. DMDC DISTINCT™ may freely assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, and without notice to or consent from you.

18.5 Headings. The section headings in these Terms are for convenience and reference only, do not form a part of these Terms, and shall not affect in any way the meaning or interpretation of these Terms.

18.6 No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and DMDC DISTINCT™.

18.7 Force Majeure. DMDC DISTINCT™ shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by any event beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, war, terrorism, civil unrest, governmental action, Internet service provider failures or delays, third-party service outages, or other similar events.

19. CONTACT INFORMATION

If you have any questions, concerns, or comments regarding these Terms and Conditions, your rights under applicable law, or your use of the Site or Services, or if you need to contact DMDC DISTINCT™ for any purpose set forth in these Terms, please reach out to us using the contact information below:

Legal Entity: DMDC Designs L.L.C. dba DMDC DISTINCT™

Mailing Address: 65 Pine Ave, Long Beach, Ca 90802

Email: legal@dmdcdistinct.com

Website: www.dmdcdistinct.com

The Company will endeavor to respond to all inquiries in a timely and professional manner. Please note that communications sent to DMDC DISTINCT™ via email or through the Site do not constitute legal notice where legal notice is required by applicable law or under these Terms, unless expressly specified otherwise herein. For legal notices requiring written correspondence, please use the mailing address provided above.

ACKNOWLEDGMENT

BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY ALL OF THEIR PROVISIONS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO DO SO.

Effective Date: 10/16/2026 | www.dmdcdistinct.com | legal@dmdcdistinct.com