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Privacy Policy

Effective Date: April 30, 2026
Last Updated: April 30, 2026

This Privacy Policy ("Policy") is a binding legal agreement between you ("you," "your," or "User") and Ortega Companies, a South Dakota general contractor ("Ortega Companies," "we," "us," or "our"). This Policy governs the collection, use, storage, sharing, and disclosure of information through our website located at ortegacompanies.com (the "Site"), our mobile or desktop applications, our forms, our phone and text message systems, and any other online or offline channel through which we collect information (collectively, the "Services").

PLEASE READ THIS POLICY CAREFULLY. IT INCLUDES A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (SECTION 17). IT ALSO INCLUDES YOUR EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MARKETING CALLS AND TEXT MESSAGES (SECTION 6) AND TO HAVE YOUR PHONE CALLS RECORDED (SECTION 7). BY USING OUR SITE OR SERVICES, OR BY PROVIDING US WITH YOUR INFORMATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS POLICY IN ITS ENTIRETY.

If you do not agree with any provision of this Policy, you must not use our Site or Services and you must not provide us with your information.

1. Information We Collect

We collect a broad range of information from and about you. The categories below are illustrative and non-exhaustive. We reserve the right to collect any information that you provide voluntarily or that is generated through your interactions with us.

1.1 Information You Provide Directly

This includes, without limitation: full legal name; aliases and preferred names; email addresses; phone numbers (mobile, landline, work, and any other numbers you provide); mailing address; project address and property address; billing and shipping addresses; date of birth (where requested); project scope, specifications, drawings, blueprints, and timeline; property characteristics including square footage, age, materials, existing conditions, easements, and encroachments; photographs, videos, and audio recordings you submit; contracts, change orders, and signed documents; payment card information, bank account information, and other financial details; insurance policy information; financing details; references and referral sources; communication preferences; and any other information you submit through forms, emails, text messages, phone calls, in-person meetings, job site visits, or any other channel.

1.2 Information Collected Automatically

When you access our Site or interact with our digital Services, we and our service providers automatically collect technical and behavioral information, including: IP address; device identifiers, including mobile advertising identifiers; browser type, version, language, and configuration; operating system and device type; screen resolution and viewport dimensions; referring URL and search terms; pages, sections, and links viewed and clicked; time spent on pages; mouse movements, scroll depth, and clickstream data; session recordings and replays; approximate and precise geographic location based on IP address, GPS, Wi-Fi, or cellular signals; date and time of access; and crash, error, and diagnostic logs.

1.3 Information from Cookies, Pixels, and Tracking Technologies

We and our partners use cookies, pixels, web beacons, tags, scripts, software development kits, local storage, fingerprinting, and similar technologies to collect information about your interactions with our Site and other websites. See Section 9 for additional information about cookies.

1.4 Information from Third Parties and Public Sources

We may obtain information about you from third parties, including: advertising and marketing networks; social media platforms (when you interact with our content, mention us, or connect your account); analytics providers; lead generation companies and referral partners; data brokers and enrichment services; public records, including property records, court records, and government databases; credit reporting agencies; insurance carriers; commercial databases; and our subcontractors, suppliers, and business partners.

1.5 Information About Others

If you provide us with information about another person (such as a spouse, co-owner, tenant, or other party related to your project), you represent and warrant that you have the legal authority to provide that information to us and to authorize us to use it as described in this Policy.

1.6 Sensitive Information

We do not request sensitive personal information (such as Social Security numbers, government identifiers, health information, biometric data, or precise geolocation) except where reasonably necessary for a specific business purpose, including identity verification, tax reporting, payroll for subcontractors, lien or bond filings, or background checks. If you provide sensitive information voluntarily and outside of these contexts, you do so at your own risk and consent to our use of that information consistent with this Policy.

2. How We Use Your Information

We use information we collect for any lawful purpose, including but not limited to:

(a) Providing, processing, performing, and completing estimates, proposals, contracts, construction, remodeling, repair, and related services;

(b) Coordinating with you regarding scheduling, site access, project status, change orders, billing, payment, warranty claims, and post-project support;

(c) Communicating with you through any channel, including telephone calls, text messages, emails, postal mail, and in-person communications;

(d) Marketing and promoting our services, including via email, SMS, MMS, RCS, voice calls, prerecorded or artificial-voice calls, automated dialing systems, postal mail, retargeted digital advertising, paid social advertising, push notifications, and any other communication method now existing or hereafter developed;

(e) Personalizing your experience, including content, recommendations, and offers;

(f) Conducting market research, customer surveys, and analytics;

(g) Developing, testing, and improving our Services, products, business processes, and customer experience;

(h) Training our personnel, including using recorded calls, transcripts, and customer interactions for quality assurance and instructional purposes;

(i) Training, fine-tuning, evaluating, and improving artificial intelligence and machine learning models, whether owned by us or by our service providers, in each case subject to applicable law;

(j) Detecting, investigating, preventing, and responding to fraud, security incidents, unauthorized access, and other prohibited or illegal activity;

(k) Establishing, exercising, and defending legal claims, including claims related to breach of contract, construction defects, mechanic's liens, payment disputes, and warranty matters;

(l) Maintaining records for tax, accounting, audit, insurance, warranty, regulatory, statutory, and contractual purposes;

(m) Complying with applicable laws, regulations, court orders, subpoenas, governmental requests, and lawful investigations;

(n) Enforcing our contracts, terms, and policies;

(o) Negotiating, evaluating, and completing corporate transactions, including mergers, acquisitions, financings, joint ventures, asset sales, reorganizations, and bankruptcies;

(p) Any other purpose disclosed to you at the time we collect your information or to which you have otherwise consented.

We may use information for purposes that are not described in this Policy where permitted by law and reasonably compatible with the purposes described above.

3. How We Share and Disclose Your Information

We share your information with the categories of recipients described below. We may share any category of information for any purpose described in Section 2.

Service Providers and Vendors. Hosting providers; email, text, and voice messaging services; CRM and lead management platforms; payment processors; analytics providers; marketing and advertising platforms; project management and scheduling software; accounting and bookkeeping providers; document storage; legal, accounting, and professional advisors; insurance brokers; and IT and security services.

Subcontractors, Suppliers, and Trade Partners. Plumbers, electricians, framers, drywallers, roofers, HVAC technicians, masons, painters, flooring installers, landscapers, surveyors, engineers, architects, designers, inspectors, and any other trade partners involved in your project. We may share project details, contact information, site access information, and project specifications with these parties as needed.

Affiliates. Our parent companies, subsidiaries, and corporate affiliates, in each case subject to this Policy.

Marketing and Advertising Partners. Advertising networks; social media platforms; retargeting and remarketing providers; demand-side platforms; supply-side platforms; data management platforms; lookalike audience providers; and analytics partners.

Business Partners and Referral Sources. Real estate professionals, lenders, mortgage brokers, insurance providers, title companies, building product manufacturers, suppliers, and other parties who refer customers to us or who we refer customers to.

Legal and Regulatory Recipients. Law enforcement, courts, regulatory agencies, and other governmental authorities when we believe disclosure is necessary or appropriate to comply with applicable law, respond to valid legal process, protect our rights or the rights of others, prevent or investigate fraud or wrongdoing, or address public safety or national security matters.

Successors and Acquirers. In the event of any actual or proposed merger, acquisition, sale of all or substantially all of our assets, financing, reorganization, bankruptcy, receivership, dissolution, or similar transaction or event, we may share information with counterparties, advisors, and successors.

With Your Consent. With any other third party with your consent or at your direction.

Aggregated and De-Identified Data. We may share aggregated, anonymized, or de-identified information that cannot reasonably be used to identify you, with any third party for any purpose.

Sale or Sharing of Personal Information. Some of the disclosures described above may be considered a "sale" or "sharing" of personal information under California or other state privacy laws. See Section 8 for your rights.

4. Data Retention

We retain your information for as long as we determine necessary or appropriate to fulfill the purposes for which it was collected, to comply with our legal, regulatory, accounting, tax, and contractual obligations, to resolve disputes, to enforce our agreements, or to protect our legitimate business interests.

For construction and contracting services, we typically retain project records for a minimum of fifteen (15) years following project completion to address statute of limitations periods (including the South Dakota statute of repose for construction defects), warranty claims, mechanic's lien rights, indemnification obligations, and licensing requirements. We may retain financial records for a minimum of seven (7) years for tax purposes. We may retain marketing consent records for as long as you remain a contact and for at least four (4) years after the last marketing communication for TCPA recordkeeping purposes. We may retain other information indefinitely where retention serves a legitimate business purpose and is consistent with applicable law.

5. Communications and Marketing

By providing your contact information to us, you affirmatively consent to receive communications from Ortega Companies and our authorized agents, including transactional, informational, account-related, service-related, and marketing communications, through any channel you have provided to us, including telephone calls, voicemail, prerecorded messages, artificial-voice messages, SMS and MMS text messages, RCS messages, email, push notifications, postal mail, and in-person communications.

You may opt out of marketing communications at any time as described in Section 6 (for SMS) or by clicking "unsubscribe" in any marketing email or by contacting us as described in Section 18. Opting out of marketing communications will not stop transactional or service-related communications, including project updates, billing notices, scheduling confirmations, warranty notices, safety notices, lien notices, and similar communications.

6. SMS and Telephone Marketing — Express Written Consent (TCPA Disclosure)

This Section 6 constitutes your prior express written consent under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations at 47 C.F.R. § 64.1200 (collectively, the "TCPA").

By providing your telephone number to Ortega Companies, including but not limited to entering your number on our Site, on a form, in person, by text, by email, or in any other manner, you expressly authorize Ortega Companies and its agents, vendors, affiliates, subcontractors, and authorized partners to contact you at the number(s) provided through any of the following methods: live agent calls; calls and text messages made using an automatic telephone dialing system or autodialer; calls and text messages using prerecorded or artificial voice technology; SMS, MMS, and RCS text messages; ringless voicemail; and any other current or future automated telephone or messaging technology. You further consent to be contacted at the number(s) provided regarding marketing, promotional offers, advertising, sales, account information, project updates, scheduling, billing, customer service, surveys, and any other lawful purpose, even if your number is registered on a state or federal Do-Not-Call list, internal do-not-call list, or any other registry.

You acknowledge and agree that:

(a) Consent is not a condition of purchasing any goods or services from Ortega Companies;

(b) Message and data rates may apply, and message frequency varies;

(c) You may revoke consent at any time using any reasonable method, including by replying STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or OPT-OUT to any text message; by replying with a substantively similar opt-out instruction; by emailing us at support@ortegacompanies.com with the subject line "STOP TEXTS"; or by calling (605) 318-0120 and stating that you wish to opt out;

(d) Following revocation, we will honor your opt-out within ten (10) business days;

(e) We may send a single confirmation message in response to your opt-out;

(f) The carrier is not liable for delayed or undelivered messages;

(g) For help with text messages, reply HELP or contact us at support@ortegacompanies.com or (605) 318-0120;

(h) Your consent extends to any number you provide, including landline, mobile, residential, business, and VoIP numbers;

(i) You represent and warrant that you are the subscriber or customary user of the telephone number(s) you provide and have the authority to consent on behalf of any other parties associated with that number; and

(j) If you change your telephone number, you will promptly notify us so that we can update our records.

You agree that this consent satisfies all federal and state requirements for prior express written consent under the TCPA, the Telemarketing Sales Rule, and any similar applicable law, and that an electronic signature, checking a box, submitting a form, or providing your number constitutes a valid signature for these purposes under the federal Electronic Signatures in Global and National Commerce Act and any applicable state equivalent.

7. Recording of Telephone Calls and Communications

Telephone calls, video calls, voicemails, and other communications between you and Ortega Companies (including its employees, agents, subcontractors, and authorized representatives) may be monitored and recorded for quality assurance, training, dispute resolution, recordkeeping, contract documentation, and other lawful business purposes.

By initiating, accepting, continuing, or otherwise participating in a call or other communication with Ortega Companies after notice of this Policy or after any verbal disclosure that the call may be recorded, you expressly consent to the monitoring and recording of all such communications. If you do not consent to monitoring or recording, you must not initiate or continue any telephone or video communication with us.

This consent applies in all jurisdictions, including jurisdictions that require consent from all parties to a communication for lawful recording (sometimes called "two-party consent" or "all-party consent" jurisdictions). South Dakota is a one-party consent jurisdiction under SDCL § 23A-35A-20.

You waive any claim arising from such monitoring or recording, including any claim under any federal or state wiretap, eavesdropping, or privacy statute, to the maximum extent permitted by law.

8. Your Privacy Rights

Depending on your state of residence and applicable law, you may have certain rights regarding your personal information. These rights are subject to verification, exceptions, and limitations under applicable law.

Access. You may request to know the categories and specific pieces of personal information we have collected about you, the sources of that information, the purposes for collection, and the categories of recipients with whom we have shared it.

Correction. You may request that we correct inaccurate personal information.

Deletion. You may request that we delete personal information we have collected from you, subject to legal exceptions, including the need to complete a transaction, comply with legal obligations, exercise legal rights, defend against legal claims, retain records required by law, and other exceptions permitted under applicable law.

Opt-Out of Sale or Sharing. You may request that we not sell or share your personal information for cross-context behavioral advertising purposes, where applicable.

Limit Use of Sensitive Information. Where applicable law provides such a right, you may request that we limit the use or disclosure of sensitive personal information.

Portability. You may request a copy of certain personal information in a portable format.

Non-Discrimination. We will not discriminate against you for exercising your privacy rights.

To exercise these rights, contact us using the information in Section 18. We may require you to verify your identity before processing your request and may decline requests where permitted by law. If you submit a request through an authorized agent, we may require proof of authorization and verification of identity.

California Residents. California residents have additional rights under the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"). California's "Shine the Light" law (Civil Code § 1798.83) permits California residents to request information regarding disclosure of personal information to third parties for direct marketing purposes.

Other States. Residents of Colorado, Connecticut, Delaware, Iowa, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, Virginia, and other states with comprehensive privacy laws may have rights similar to those described above. We will respond to verifiable requests in accordance with applicable law.

Nevada Residents. Pursuant to Nevada Revised Statutes Chapter 603A, Nevada residents may submit requests directing us not to sell their covered personal information to certain third parties.

9. Cookies and Tracking Technologies

Our Site uses cookies and similar tracking technologies, including:

Strictly Necessary Cookies that are required for our Site to function;

Performance and Analytics Cookies that help us understand Site usage;

Functional Cookies that remember your preferences;

Advertising and Targeting Cookies that deliver and measure advertising; and

Third-Party Cookies set by our analytics, advertising, and marketing partners.

You may control cookies through your browser settings. Most browsers allow you to refuse, delete, or be notified about cookies. Disabling cookies may affect Site functionality. We do not currently respond to "Do Not Track" browser signals, but we may honor Global Privacy Control signals where required by applicable law.

10. Third-Party Links and Services

Our Site may contain links to or integrations with third-party websites, applications, services, plug-ins, and content. We are not responsible for the privacy practices, content, or security of any third party. We encourage you to review the privacy policies of all third parties before providing your information.

11. Data Security

We implement administrative, technical, and physical safeguards designed to protect your information from unauthorized access, use, disclosure, alteration, and destruction. However, no system is perfectly secure, and we cannot and do not guarantee the security of any information. You provide your information at your own risk. To the maximum extent permitted by law, you release us from any liability arising from unauthorized access, use, disclosure, or theft of your information.

In the event of a data breach affecting your personal information, we will notify you and applicable authorities as required by, and within the time periods specified by, applicable law.

12. Children's Privacy

Our Site and Services are not directed to, and we do not knowingly collect personal information from, children under the age of sixteen (16). If you are under 16, do not use our Site or Services and do not provide any information to us. If we become aware that we have inadvertently collected personal information from a child under 16, we will delete the information consistent with applicable law.

13. International Users and Data Transfers

Our Site and Services are intended for users located in the United States. If you access our Site or provide information to us from outside the United States, you understand and consent that your information will be transferred to, stored in, and processed in the United States, which may have data protection laws that differ from those in your jurisdiction. By using our Site or providing information to us, you consent to this transfer.

14. Changes to This Policy

We may update this Policy from time to time. When we do, we will revise the "Last Updated" date above. For material changes, we may provide additional notice, such as a prominent notice on our Site or by email. Your continued use of our Site or Services after any change constitutes your acceptance of the updated Policy. If you do not agree with any change, you must stop using our Site and Services and contact us to request deletion of your information.

15. Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) OUR SITE, SERVICES, AND ALL INFORMATION PROVIDED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

(b) IN NO EVENT WILL ORTEGA COMPANIES OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS POLICY, OUR SITE, OR OUR SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS POLICY OR YOUR USE OF OUR SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THIS LIMITATION APPLIES IN THE AGGREGATE TO ALL CLAIMS, REGARDLESS OF NUMBER OR THEORY.

These limitations form an essential basis of our willingness to provide the Site and Services to you. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Ortega Companies and its owners, officers, directors, employees, agents, affiliates, subcontractors, and licensors from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our Site or Services; (b) your violation of this Policy; (c) your violation of any law or third-party right; or (d) any information you provide to us, including any false, misleading, or unauthorized information.

17. Binding Individual Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ORTEGA COMPANIES TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.

17.1 Agreement to Arbitrate. Except as provided in Section 17.5, you and Ortega Companies agree that any and all disputes, claims, or controversies arising out of or relating to this Policy, our Site, our Services, the collection or use of your information, your interactions with us, or any communications between us (collectively, "Disputes"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), governs the interpretation and enforcement of this arbitration agreement. South Dakota Codified Laws Chapter 21-25A applies to the extent consistent with the FAA.

17.2 Class Action Waiver. YOU AND ORTEGA COMPANIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court determines that this class action waiver is unenforceable as to any particular claim, then that claim (and only that claim) will proceed in court rather than in arbitration.

17.3 Jury Trial Waiver. YOU AND ORTEGA COMPANIES EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS POLICY OR ANY DISPUTE, REGARDLESS OF FORUM.

17.4 Arbitration Procedure. Arbitration will take place in Sioux Falls, South Dakota, or at another location mutually agreed by the parties or, if applicable, by remote means. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs except as otherwise required by applicable law or the AAA rules. The arbitrator will have the authority to award any relief that would be available in court under applicable law, except that the arbitrator may not award relief on a class or representative basis.

17.5 Exceptions. Notwithstanding the foregoing: (a) either party may bring an individual action in small claims court for any Dispute within the small claims court's jurisdiction; (b) either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or non-disparagement obligations; and (c) Ortega Companies may bring an action in court to collect amounts owed by you, to enforce mechanic's lien rights, or to pursue any remedy available under South Dakota construction or contractor law.

17.6 30-Day Right to Opt Out. You may opt out of this arbitration agreement (Sections 17.1 through 17.4) by sending written notice of your decision to opt out to: Ortega Companies, 1110 N Cliff Ave, Sioux Falls, SD 57103, Attn: Privacy / Arbitration Opt-Out, postmarked or delivered within thirty (30) days after the date you first agreed to this Policy or any updated version that materially modifies this Section 17. Your notice must include your full name, address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out of arbitration will not affect any other provision of this Policy. If you do not opt out within 30 days, you will be bound by this arbitration agreement.

17.7 Severability. If any portion of this Section 17 is found unenforceable, the remainder will continue in effect, except that if the class action waiver in Section 17.2 is found unenforceable as to a particular claim, only that claim will proceed in court.

17.8 Survival. This Section 17 will survive termination of your relationship with Ortega Companies and any termination, expiration, or amendment of this Policy.

18. Contact Information

For questions, concerns, requests, or notices regarding this Policy, please contact:

Ortega Companies
1110 N Cliff Ave
Sioux Falls, SD 57103
Phone: (605) 318-0120
Email: support@ortegacompanies.com

19. Governing Law; Venue

This Policy and any Dispute arising out of or relating to this Policy will be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of laws principles. The Federal Arbitration Act governs the arbitration provisions in Section 17. Subject to the arbitration agreement in Section 17, any action that proceeds in court will be brought exclusively in the state or federal courts located in Minnehaha County, South Dakota, and you and Ortega Companies each consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

20. Severability; No Waiver; Entire Agreement; Assignment

If any provision of this Policy is held invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later. This Policy, together with any other agreements you have entered into with us, constitutes the entire agreement between you and Ortega Companies regarding the subject matter and supersedes all prior or contemporaneous understandings. We may assign this Policy and our rights and obligations under it, in whole or in part, to any third party without notice. You may not assign your rights or obligations under this Policy without our prior written consent.

21. Headings; Construction

Headings in this Policy are for convenience only and do not affect interpretation. Words such as "including" and "such as" are illustrative and not limiting. Ambiguities, if any, will not be construed against the drafter. This Policy has been knowingly and voluntarily entered into by the parties.