TERMS AND CONDITIONS

Last Update: April 27th, 2021

Picket Now, LLC (“Picket,” “we ,” “us” or “our”) owns or licenses all right, title and interest in and to the mobile-enabled website located at www.picketnow.com (the “Site”). We welcome you to view and use the Services (as defined below) and wish to inform you about important terms which apply while doing so. We have established the following terms and conditions, together with our Privacy Policy (collectively, the “Agreement ”) with which you must comply when you access, view and use the Site and/or Services offered by Picket.

The following defined terms are used in this Agreement:

· “Agent” means a professional real estate agent who uses the Site to locate an Inspector for a Homebuyer client seeking a home inspection.

· “Homebuyer” means anyone who visits the Site to identify and hire an Inspector.

· “Inspection” means a home inspection performed by an Inspector referred to a Homebuyer through the Site,

· “Inspector” means a commercial provider of home inspection services who registers with the Site to provide Inspections to Homebuyers.

· “Services” means the functionality, applications and services available on or through the Site.

· “Users,” “you” or “ your” refer to the people and/or entities visiting the Site or registered to use the Services as Homebuyers, Inspectors and Agents.

BY ACCESSING AND VIEWING THE SITE AND USING THE SERVICES, USERS AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. YOU AFFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS AND REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT, AND YOU HEREBY ACCEPT THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR VIEW THE SITE OR USE THE SERVICES.

1. Ownership of Intellectual Property

A. Picket Material. With the exception of User Information (as defined below), Picket and its licensors own all information, text, reports, analyses, data, graphics, files, documents, images, sound recordings, audio and visual clips, interactive features, photographs, programs, applications, software, scripts and any other content that you may access and view on the Site, as well as the collection, design, production, selection, layout, function, arrangement and “look and feel” thereof (collectively, the “ Picket Material”). We may incorporate third party software as part of the Site, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, logos, slogans and taglines appearing on the Site (collectively, the “ Trademarks”) are owned by or licensed to Picket and, if licensed, are used with permission of the owner. The Trademarks and Picket Material are protected by trademark, copyright and other intellectual property laws. Picket requires you to respect the intellectual property rights that we and our third party licensors have in the Picket Material and in the Trademarks, as the case may be.

B. Feedback. You acknowledge and agree that any questions, comments, ideas, feedback or other information provided by you to Picket (“ Feedback”) are not confidential and that Picket may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. If you suggest any new features and/or functionality for the Site that Picket subsequently incorporates into the Site (or any other website, product or service of Picket), you further acknowledge that (i) Picket shall own, and has all rights to use, such suggestions, and the Site (or any other website, product or service of Picket) incorporating such new features and/or functionality shall be the sole and exclusive property of Picket and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon Picket.

2. Your License

Picket hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and view the Site and Picket Material in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in the Site, Picket Material or Trademarks. Other than as required to facilitate your permissible use of the Site and Services, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Picket Material or the Trademarks. All rights not expressly granted to you under this Agreement are reserved by Picket.

3. User Information

You grant to Picket a royalty free, perpetual, worldwide, non-exclusive, transferable and sublicensable license to any and all content submitted by you on or through the Site, including without limitation any text, documents, photographs, videos and any other information transmitted, uploaded, posted or entered by you while accessing the Site and Services (“ User Information”) to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such User Information into other works for our commercial and non-commercial purposes in accordance with this Agreement. You acknowledge that Picket exercises no control whatsoever over the content of the User Information and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Furthermore, Picket is under no obligation to review User Information for accuracy, potential liability, or for any other reason. If we do, Picket may remove any User Information which it finds violates this Agreement or other Picket policies.

PICKET SHALL NOT BE RESPONSIBLE FOR THE CONTENT OR ACCURACY OF USER INFORMATION AND DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO USER INFORMATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You represent that you own or have secured all legal rights necessary for the User Information submitted by you to be used by you, Picket, and others as described and otherwise contemplated in this Agreement. You represent and warrant that each person identified, depicted or shown in the User Information, if any (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Information consistent with this Agreement.

4. Reviews and Ratings

Users may be permitted to submit reviews and ratings about Inspectors and/or other parties involved with their Inspection process through the Site. You are solely responsible for your reviews and ratings, and Picket may, in its sole discretion, choose to remove or not to remove reviews and ratings once published. You will not submit any reviews that may be considered by Picket to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory or otherwise violates any relevant law or right of any other party, or that is racially, ethnically or otherwise objectionable. All of your reviews and ratings will be based upon your actual first-hand experiences. All of your reviews and ratings must be accurate, honest, truthful and complete in all respects. You acknowledge and agree that you do not work for, own any interest in or serve on the board of directors of, any of the Users for which you submit reviews and ratings, and that you have not received any form of compensation to post reviews and ratings. You will not submit reviews that comment on the reviews of other Users, and you will not submit reviews with hyperlinks.

Reviews and ratings provided by Users do not necessarily reflect the views of Picket, its officers, managers, owners, employees, agents or designees.

5. Account Credentials

As a registered User of the Site, your “ Account Credentials” include the following information:

A. Picket Account. You will be asked to register for a customer account with Picket (a “Picket Account”) in order to user the Services and interact with other Users of the Site. You will be asked to provide certain Personal Information when registering for a Picket Account as more fully described in our Privacy Policy.

B. Usernames and Passwords. The usernames and passwords you create when establishing a Picket Account are a part of your Account Credentials.

You shall be solely responsible for ensuring the security and confidentiality of your Account Credentials. You acknowledge that you will be fully responsible for all liabilities incurred through the inappropriate use of any of your Account Credentials and that any transactions under your Picket Account will be deemed to have been performed by you. Use or disclosure of your Account Credentials, other than as provided in this Agreement, shall be considered a breach of this Agreement by you. You may not share your Account Credentials with any other User of the Site.

As a condition of your use of the Site, you agree to (i) provide Picket with true, accurate, current and complete information as prompted by the Site when registering for or using the Site and Services, (ii) update and maintain the truthfulness, accuracy and completeness of such information within your Picket Account, and (iii) comply with all of Picket's rules and regulations and security restrictions in connection with use of the Site.

6. Contracting, Inspections and Payments

A. Contracting. Homebuyers and Inspectors agree among themselves to terms and conditions for an Inspection and they may enter into a contract for an Inspection (a “ Home Inspection Contract”) outside of the functionality of the Site. We encourage Inspectors to upload Home Inspection Contracts to the Site so that they are readily accessible and retained as part of Inspection Materials. Picket does not and cannot warrant that the terms agreed to by a Homebuyer and Inspector for any Inspection are complete, reliable, accurate or appropriate for individual circumstances. You agree that you enter into any Home Inspection Contract for an Inspection directly with the other party (and not through the Site) and that you must rely entirely upon your own independent assessment of all relevant matters and not any warranty, statement or representation made or given by Picket. Homebuyers and Inspectors acknowledge that each party will enter into a binding agreement to perform its obligations with respect to the Inspection; HOWEVER, PLEASE NOTE THAT PICKET SOLELY CONNECTS USERS TO FACILITATE INSPECTIONS AND DOES NOT AND CANNOT GUARANTEE THAT A USER WILL FULFILL ITS OBLIGATIONS AS REQUIRED BY A HOME INSPECTION CONTRACT OR ANY OTHER TERMS AGREED TO BY THE PARTIES FOR THE INSPECTION AND/OR IMPOSED BY APPLICABLE LAW.

B. Inspections. Once a Homebuyer and Inspector agree on terms and conditions for an Inspection and/or enter into a Home Inspection Contract, the parties must schedule a date for completion of the Inspection, on which date an Inspector must perform her or his obligations for the Inspection in accordance with the applicable terms and conditions and/or Home Inspection Contract, as the case may be. Once an Inspection is completed, the Inspector must prepare and upload her or his Inspection report to the Site (an “Inspection Report”).

C. Payment. Once an Inspection Report is uploaded to the Site, the Company's Payment Processor (as defined in its Privacy Policy) will automatically charge the Homebuyer for whom the Inspection was performed for the total fees associated with the Inspection. The fees collected by the Payment Processor will be routed directly to (i) the Inspector in satisfaction of all amounts due to the Inspector from the Homebuyer for the Inspection, and (ii) to Picket for its referral fee associated with the Inspection. Please note that the amount collected from a Homebuyer by Picket's Payment Processor for an Inspection will include all fees due to Picket in connection with its referral for the Inspection. For the avoidance of doubt, all fees paid to Picket in connection with a transaction are non-refundable.

7. Obligations of All Users

By using the Site and Services, you agree to all of the following:

• You will immediately remedy any failed payment initiated through your Picket Account and you will not engage in any illegal, fraudulent, deceptive and/or suspicious activities while using the Site and/or Services;
• You will not violate the intellectual property rights of Picket or third parties, including, without limitation, patents, trade markets, trade names, copyright and design rights and whether registrable, registered or unregistered or other rights of any person in any jurisdiction in the world;

· You will not upload viruses, Trojans, worms, time bombs, logic bombs, corrupted files or any other malicious code or similar software or programs that may damage the operation of the Site, Services or computer systems of Picket;

· You will not bully, harass or intimidate any User, including, but not limited to, the publishing of hate speech, threats, endorsements of violence, or pornographic content;

· You will not use automated methods of information collection on the Site, including, but not limited to, scrapers, bots, spiders or framing, or deep link to any Picket Materials, Trademarks, or other proprietary information of Picket or its licensors;

· You will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, transcribe, store, translate, sell, lease, transfer, distribute or create derivative works of the Site, Picket Materials and/or Trademarks, in whole or in part, without the prior written approval of Picket;

· You will not engage in any action that might disable or impair the Site or Services, such as, but not limited to, instigating denial of service attacks;

· You will not use any information contained on the Site for purposes of constructing a competing business;

· You will not provide any false information to the Services, or attempt to impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Picket, or otherwise attempt to mislead others as to your identity;

· You will only create one Picket Account for yourself or as authorized by someone else on her or his behalf and you will not access any other User's Picket Account;

· You will not take any action that would undermine the Site's review and rating process;

· You will not post information, or take any action using the Site and Services, that infringes or violates Picket's or anyone else's rights, including, but not limited to, privacy rights and intellectual property rights; and

· You will not take any action that would violate, or induce others to violate, this Agreement.

Picket may take whatever remedial action it determines in its sole discretion is appropriate if you engage in any prohibited acts, including, but not limited to, immediate suspension or cancellation of your Picket Account and access to the Site. Furthermore, Picket reserves the right to investigate and take appropriate legal action against anyone who, in Picket's sole discretion, violates this Agreement, including without limitation, reporting such violations to law enforcement authorities. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in Picket suffering irreparable harm and that, in the event of such a dispute, Picket may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.

8. Privacy Matters

We may collect and store personal information about you when you use the Site and Services. You acknowledge and agree to our Privacy Policy (as it is amended from time to time) which is available here and to the collection, use and disclosure of personal information in accordance with that statement. We will only collect, use, store and/or disclose any personal information in accordance with our Privacy Policy and to the extent explicitly required by law.

9. Disputes and Indemnification

A. You agree that Picket cannot and does not control or direct our Users' online or offline actions and that we cannot and do not take responsibility for User Information and/or any other User Generated Content (as defined in the Privacy Policy), including but not limited to any critical reviews provided by Users. Picket specifically takes no responsibility for any inaccurate, obscene, offensive, unlawful or objectionable User Information or User Generated Content.

B. You agree to indemnify and hold Picket harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim brought by another User or third party against us in connection with (i) your access, viewing or use of the Site or the Services, (ii) any conduct by you that violates the terms of this Agreement, (iii) your infringement of the intellectual property rights of third parties, (iv) all User Information and User Generated Content submitted to the Site and Services, (v) losses or liabilities of Picket related to payments, refunds and/or other payment activity initiated and/or facilitated by you through the Site, and (vi) your failure to comply with any applicable laws and regulations.

C. Picket shall indemnify and hold Users harmless from and against any third party claims related to alleged infringement or wrongful use of any patent, trademark, trade secret, copyright or other intellectual property rights in connection with the Site. In the event that some or all of the Site is held or is reasonably believed by Picket to infringe the rights of a third-party, Picket shall have the option, at its expense, to: (i) modify the Site to make it non-infringing; or (ii) obtain a license that permits Users to continue using the Site. If neither of such options can be exercised by Picket on a commercially reasonable basis and the infringing content or code materially affects the Site or Services or the ability of Picket to meet its obligations under this Agreement, then Picket may terminate this Agreement in its discretion. Notwithstanding the foregoing, Picket shall not have any obligation to indemnify Users to the extent that any infringement claim arises out of (or is contributed to) by (1) any modification of the Site or Services other than by Picket; or (ii) any materials or content provided by Users. The foregoing states Picket's entire liability and your exclusive remedy for infringement of third-party intellectual property rights.

D. No matter where you are located, you agree that any claim, cause of action, or controversy associated with Picket, this Agreement, or the Site and/or Services will be governed, without regard to conflict of law provisions, by the laws of the United States and the State of New York, and will be subject to the jurisdiction of the U.S. District Court or a state court in or around Long Island, New York.

10. General Disclaimers

Picket confirms that Inspectors are licensed to provide home inspections by the New York Department of State and/or other applicable jurisdiction; however, Picket does not otherwise screen, interview, vet or confirm that any Inspector is a legitimate ongoing business, or conduct background checks on Inspectors, which activities are the sole responsibility of Users. PLEASE NOTE THAT PICKET IS NOT AND CANNOT BE RESPONSIBLE FOR the actions or inaction of a User. ALL USERS ACKNOWLEDGE AND AGREE THAT THEY USE THE SITE AND SERVICES AT THEIR OWN RISK.

Picket is not a home inspector nor real estate agent and does not own, operate, recommend or endorse any specific Inspector or Agent using the Site. Picket is not responsible or liable for any information provided by a User, including but not limited to data, advertising, products, goods or services available or unavailable from, or through, any User or other third party. You agree that should you use or rely on any of the foregoing, Picket is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any User, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User exclusively and do not involve Picket. You should conduct whatever investigation and research you deem necessary or appropriate before engaging in an Inspector for an Inspection.

You agree that Picket is not responsible for the accessibility or unavailability of any User or for your interactions and dealings with them, waive the right to bring or assert any claim against Picket relating to any interactions or dealings with any User, and release Picket from any and all liability for or relating to any interactions or dealings with other Users. You agree that Picket assumes no liability or responsibility for the cost of repairing or replacing any reported or unreported defects or deficiencies, either current or arising in the future, with respect to your home, or for any property damage.

11. Disclaimer of Warranties

A. NEGOTIATIONS AND TRANSACTIONS. You agree that negotiations, TRANSACTIONS AND ALL HOME INSPECTION CONTRACTS BETWEEN YOU AND OTHER USERS OF THE SITE ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. It is your responsibility to verify any information FROM OTHER USERS before relying on it. You agree that any INSPECTIONS, sales, exchange of monies and/or of gOODS, or any other TRANSACTIONS will be made solely in reliance on your owN inquiries and RESEARCH and that PICKET HAS not made any warranties about the suitability AND/OR quality OF ANY INSPECTORS and/or the ability of users to actually enforce or complete AN INSPECTION.

B. INSPECTION REPORTS. An Inspection Report is not a guarantee or warranty, express or implied, regarding the adequacy, performance or condition of any inspected structure, item, or system. picket is not an insurer of any inspected conditions or premises.

C. CONTENT OF RATINGS AND REVIEWS. The content of RATINGS AND REVIEWS relies on data FROM USERS AND IS RECEIVED BY PICKET in good faith AND on the basis of warranties made by them; however, we are unable to verify the accuracy of ANY Information CONTAINED IN RATINGS OR REVIEWS.

D. OPERATION AND INTEGRITY OF THE SITE. YOU RECOGNIZE THAT, WHILE WE TRY TO KEEP THE SERVICES BUG-FREE AND SAFE, WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE SITE OR SERVICES. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR (I) BACKING UP ALL YOUR DATA AND (II) INSTITUTING APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM TRANSACTIONS THROUGH THE SITE.

E. USE OF SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AS IS AND AS AVAILABLE WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. PICKET, ITS LICENSORS, AGENTS AND INDEPENDENT CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, PICKET MATERIAL AND TRADEMARKS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, TITLE, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT.

F. PICKET MATERIAL. PICKET MATERIAL MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. PICKET RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, STALENESS OR OMISSIONS IN PICKET MATERIAL; HOWEVER, PICKET UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY PICKET MATERIAL, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR FRESHNESS DATE APPLIED TO THE SITE SHOULD BE TAKEN TO INDICATE THAT ALL CONTENT HAS BEEN MODIFIED OR UPDATED. PICKET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY PICKET MATERIAL, (II) ANY OPINION, INFORMATION, ADVICE OR STATEMENT EXPRESSED BY PICKET ON THE SITE OR (III) ANY RESULTS TO BE OBTAINED FROM THE SERVICES PRESENTED ON THE SITE OR RELYING ON THE PICKET MATERIAL.

G. THIRD PARTY ACTIONS. YOU AGREE THAT PICKET IS NOT RESPONSIBLE FOR THIRD PARTIES' ACTIONS, DATA, CONTENT OR INFORMATION, AND YOU HEREBY RELEASE PICKET, ITS DIRECTORS AND OFFICERS, AND ITS EMPLOYEES AND AGENTS FROM ANY CLAIM OR DAMAGES, KNOWN OR UNKNOWN, ASSOCIATED WITH ANY CLAIM THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY. We cannot and do not warrant or represent that (I) users are over 18 and otherwise have the capacity to enter into contractual relations'; (II) users have the capacity to perform their obligations PURSUANT TO THE TERMS negotiated via the SITE; OR (III) Any statement made by or attributed to a user of THE SITE is accurate or not misleading.

12. Limitations on Liability

A. any USER INFORMATION, USER-GENERATED CONTENT AND Picket material ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICKET OR THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PICKET SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE SITE OR THE SERVICES, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICKET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. You acknowledge that Picket has no control over, and no duty to take any action regarding, which users gain access to or use the Site and Services, how Content available on the site may effect you or your decisions, how you may interpret or use the SERVICES, or what actions you may take in connection with the Site and Services. You release Picket from all liability for you having acquired or not acquired AN INSPECTION through the Site. Picket makes no representations concerning any content contained in or accessed through the Site and Services, and Picket will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services.

C. PICKET ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, LOST PROFITS, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE. PICKET IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE SITE.

D. YOU AGREE THAT, UNLESS NOT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ASSOCIATED WITH THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THIS AGREEMENT, WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR, IF APPLICABLE, THE AMOUNT YOU HAVE PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE ACTIONS GIVING RISE TO THE CLAIM.

E. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, PICKET'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Termination or Suspension

Picket may terminate or suspend your privilege to use or access the Site and/or Services immediately and without notice for any reason whatsoever, including without limitation in the event of any failed payments and/or your illegal, fraudulent, deceptive and/or suspicious activities while using or accessing the Site and/or Services. Upon such termination, you must immediately cease accessing or using the Site and Services and you agree not to access or make use of, or attempt to use, the Site and Services under such circumstances. You understand that Picket may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Picket.

14. Force Majeure

Picket shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, pandemic, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Picket's control. Certain obligations may require the cooperation of third parties outside the control of Picket. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of Picket's obligations, such failures shall be considered as causes beyond the control of Picket and shall not be the basis for a determination that Picket is in breach of any of its obligations under this Agreement or is otherwise liable.

15. Amendments to this Agreement

This Agreement may be amended from time to time, with or without notice to Users. Picket recommends that you revisit this page frequently, so you are aware of any changes. As appropriate, Picket may provide you additional notice of any material amendments. Your continued use of the Site and Services will be deemed your agreement with the new policy. If you do not agree with the changes, then you should stop using the Site and Services immediately.

16. General Provisions

A. Relationship Between the Parties. This Agreement shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between you and Picket; nor will either party hold itself out as an agent, partner or joint venture party of the other party.

B. Notice. Picket may direct all notices intended for you to your email address provided as part of your Account Credentials upon registration for the Services (which you may update from time to time in the settings available within the Site). All notices to be delivered to Picket shall be delivered to Picket using the contact information provided below.

C. Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto.

D. Assignment. Picket may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Picket.

E. Third Party Beneficiary Rights . This Agreement does not provide for any third party beneficiary rights.

1. Entire Agreement and Severability. This Agreement constitutes our entire agreement with you in connection with the Site and Services. This Agreement supersedes any prior agreements between you and Picket. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.

17. Contact Picket

If you have questions or complaints regarding this Agreement, the Site and Services, or anything else having to do with our business, please contact us at hello@picketnow.com.