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Agreement between User and www.itsabullything.com

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Welcome to www.itsabullything.com. The www.itsabullything.com website (the "Site") is comprised of various web pages operated by

It's a Bully thing!, LLC ("It's a Bully thing!"). www.itsabullything.com is offered to you conditioned on your acceptance without modification

of the terms, conditions, and notices contained herein (the "Terms").

Your use of www.itsabullything.com constitutes your agreement

to all such Terms. Please read these terms carefully and keep

a copy of them for your reference.

 

www.itsabullything.com is an E-Commerce Site.

 

By clicking "sign in", "create account" or "submit order" and entering

or otherwise using our website or mobile application (the "Site"),

you agree to and accept these terms and conditions. Certain products and services on our Site may have additional terms that apply

(for example, if you subscribe to our Autoship & Save subscription program, you also will be subject to the Autoship Terms & Conditions).

If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.


THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH IT'S A BULLY THING!, LLC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS

OF UES ARE POSTED ("IT'S A BULLY THING!"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE

AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE,

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT

AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND IT'S A BULLY THING AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND IT'S A BULLY THING WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Privacy

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Your use of www.itsabullything.com is subject to It's a Bully thing!'s Privacy Policy. Please review our Privacy Policy, which also governs

the Site and informs users of our data collection practices.

 

Electronic Communications

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Visiting www.itsabullything.com or sending emails to It's a Bully thing! constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

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If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that It's a Bully thing! is not responsible for third party access to your account that results from theft or misappropriation of your account.

It's a Bully thing! and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

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It's a Bully thing! does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.itsabullything.com only with permission

of a parent or guardian.

 

Cancellation/Refund Policy

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Return

You have 30 calendar days to return an item from the date you received it.

To be eligible for a return, your item must be unused and in the same conditions that you received it. Your item must be in the original packaging.

Your item needs to have the receipt or proof of purchase.

Refunds

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If the return is approved, we will initiate refund to your credit card

(or original method of payment). You will receive the credit within

a certain amount of days, depending on your card issuer's policies.

Shipping

You will be responsible for paying for your own shipping cost

for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Contact Us

If you have any questions on how to return your item to us, contact us.

 

Links to Third Party Sites/Third Party Services

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www.itsabullything.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of It's a Bully thing! and It's a Bully thing! is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site,

or any changes or updates to a Linked Site. It's a Bully thing! is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by It's a Bully thing! of the site

or any association with its operators.

 

Certain services made available via www.itsabullything.com

are delivered by third party sites and organizations. By using

any product, service or functionality originating

from the www.itsabullything.com domain, you hereby acknowledge

and consent that It's a Bully thing! may share such information and data with any third party with whom It's a Bully thing! has a contractual relationship to provide the requested product, service or functionality

on behalf of www.itsabullything.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

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You are granted a non-exclusive, non-transferable, revocable license

to access and use www.itsabullything.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant

to It's a Bully thing! that you will not use the Site for any purpose that

is unlawful or prohibited by these Terms. You may not use the Site

in any manner which could damage, disable, overburden, or impair

the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided

for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used

on the Site, is the property of It's a Bully thing! or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained

in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate

in the transfer or sale, create derivative works, or in any way exploit

any of the content, in whole or in part, found on the Site. It's a Bully thing! content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular

you will not delete or alter any proprietary rights or attribution notices

in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of It's a Bully thing! and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of It's a Bully thing! or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

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The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable

you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material

that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using

a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent

or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws

(or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer

to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin

or source of software or other material contained in a file that

is uploaded; restrict or inhibit any other user from using and enjoying

the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including

e-mail addresses, without their consent; violate any applicable laws

or regulations.

 

It's a Bully thing! has no obligation to monitor the Communication Services. However, It's a Bully thing! reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. It's a Bully thing! reserves the right

to terminate your access to any or all of the Communication Services

at any time without notice for any reason whatsoever.

 

It's a Bully thing! reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in It's a Bully thing!'s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. It's a Bully thing! does not control or endorse the content, messages or information found in any Communication Service

and, therefore, It's a Bully thing! specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized It's a Bully thing! spokespersons, and their views

do not necessarily reflect those of It's a Bully thing!.

 

Materials uploaded to a Communication Service may be subject

to posted limitations on usage, reproduction and/or dissemination.

You are responsible for adhering to such limitations if you upload

the materials.

 

Materials Provided to www.itsabullything.com or Posted

on Any It's a Bully thing! Web Page It's a Bully thing! does not claim ownership of the materials you provide to www.itsabullything.com (including feedback and suggestions) or post, upload, input or submit

to any It's a Bully thing! Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing

or submitting your Submission you are granting It's a Bully thing!,

our affiliated companies and necessary sublicensees permission

to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. It's a Bully thing! is under no obligation to post

or use any Submission you may provide and may remove

any Submission at any time in It's a Bully thing!'s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control

all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

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You will be able to connect your It's a Bully thing! account to third party accounts. By connecting your It's a Bully thing! account to your third party account, you acknowledge and agree that you are consenting

to the continuous release of information about you to others

(in accordance with your privacy settings on those third party sites).

If you do not want information about you to be shared in this manner,

do not use this feature.

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International Users

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The Service is controlled, operated and administered by It's a Bully thing! from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the It's a Bully thing! Content accessed through www.itsabullything.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

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You agree to indemnify, defend and hold harmless It's a Bully thing!,

its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site

or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party,

or your violation of any applicable laws, rules or regulations.

It's a Bully thing! reserves the right, at its own cost, to assume

the exclusive defense and control of any matter otherwise subject

to indemnification by you, in which event you will fully cooperate

with It's a Bully thing! in asserting any available defenses.

 

Arbitration

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In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions,

or any provisions hereof, whether in contract, tort, or otherwise

at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant

to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises

out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.

The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that

the Federal Arbitration Act governs the interpretation and enforcement

of this provision. The entire dispute, including the scope

and enforceability of this arbitration provision shall be determined

by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

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Any arbitration under these Terms and Conditions will take place

on an individual basis; class arbitrations

and class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST

THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY,

AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and It's a Bully thing! agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED

IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES

OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED

TO THE INFORMATION HEREIN. IT'S A BULLY THING!, LLC

AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

IT'S A BULLY THING!, LLC AND/OR ITS SUPPLIERS MAKE

NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. IT'S A BULLY THING!, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES

AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING

ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL IT'S A BULLY THING!, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,

DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED

WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY

OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE

OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT'S A BULLY THING!, LLC

OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY

OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY

TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE,

OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

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It's a Bully thing! reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof

at any time, without notice. To the maximum extent permitted by law,

this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating

to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and It's a Bully thing! as a result of this agreement or use of the Site. It's a Bully thing!'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of It's a Bully thing!'s right

to comply with governmental, court and law enforcement requests

or requirements relating to your use of the Site or information provided to or gathered by It's a Bully thing! with respect to such use. If any part

of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision

and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and It's a Bully thing! with respect

to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and It's a Bully thing! with respect to the Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject

to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents

be written in English.

 

Changes to Terms

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It's a Bully thing! reserves the right, in its sole discretion, to change

the Terms under which www.itsabullything.com is offered. The most current version of the Terms will supersede all previous versions. It's a Bully thing! encourages you to periodically review the Terms to stay informed of our updates.

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Disclaimer

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Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Disclaimer:

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Cookies Policy) refers to It's a Bully thing!, LLC, 44 Cypress Ln, Southern Shores, NC 27949.

• You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Website refers to www.itsabullything.com (It's a Bully thing!).

• Service refers to the Website.

Disclaimer

The information contained on the Service is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. 

The Company does not warrant that the Service is free of viruses or other harmful components.

External Links Disclaimer

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.

"Use at Your Own Risk" Disclaimer

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Contact Us

If you have any questions about the Terms and Disclaimer, You can contact Us:

• By email: info@itabullything.com

• By visiting this page on our website: www.itsabullything.com

• By mail: PO BOX 1099, Kitty Hawk, NC 27949

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Effective as of December 31, 2019