Haultail^® Terms of Use

1. Acceptance of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement (the “Agreement”) between you, as a “Customer” and PUT Corporation (“PUT”), governing your use of the “Haultail” application, website and technology platform (collectively “Haultail”).

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND PUT CAN BE BROUGHT (SEE SECTION 18 BELOW). THESE PROVISIONS, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS AGAINST PUT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A MEMBER OF ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 18) and accept all of the Terms. If you do not agree to be bound by the terms and condition of this Agreement you may not use or access Haultail.

2. Haultail

Haultail provides a marketplace where persons or companies (“Customer” or “Customers”) who seek to dispose of certain materials, including construction/demolition debris (the “Demo Collection”) and/or desire pickup and delivery services (the “Delivery”) (Demo Collection and Delivery are sometimes collectively the “Services”) can be matched with persons who have made their vehicles available to provide such services to the Customers (“Drivers”) (Customers and Drivers are sometimes referred to herein as “Users”).

Construction/Demolition Debris Collection (“Demo Collection”) . If a Customer chooses Demo Collection, they will be prompted to first identify the type and amount of materials to be picked up (i.e. number of Demobags^® or other construction clean up bags, boxes or other materials), and then be prompted to take photographs of the items. Upon arrival the Driver will confirm the amount of material to be picked up matched the order. Drivers shall have the right to refuse Services for any materials not expressly documented by Customer during the ordering process. Users are expressly prohibited from seeking to use Haultail for any items other than those identified. Please note that depending on local laws and ordinances, Haultail may not be used to dispose of certain materials, including but not limited to household trash or recyclables which would otherwise be disposed of by municipal waste/recycling companies. For a description of prohibited uses, please see Section 7, below, or for any questions with regard to restrictions in your area, you can also contact PUT through the Help Center at [email protected].

Delivery . If a Customer chooses Delivery, Haultail will request that the Customer identify the items to be picked up and delivered, as well as the address for pick-up and delivery. Drivers are prohibited from picking up or delivering items other than to/from the addresses submitted to Haultail by the Customer. Delivery is curbside only. Drivers have the right to refuse Services if the items do not match those submitted by the Customer to Haultail.

Order Confirmation A Customer may request Services by first selecting the type of service the Customer requires (i.e. Demo Collection or Delivery), the vehicle (i.e., truck, van) that the Customer requires and the address for pickup and/or delivery. Haultail will calculate the Service Charges and the Customer will be prompted to confirm the order (the “Order”). Upon confirmation, PUT will match the Customer with an available Driver. Once matched, the Customer and Driver may only communicate regarding the Services through Haultail. PUT uses a third-party provider to facilitate text, voice and other communications between Customer and Driver (to mask a party’s phone number and promote privacy). The third party’s terms of service will apply to the services the third party performs.

For purposes of this Agreement, any decision by a Customer to accept Services from any Driver is made at the Customer’s sole and absolute discretion. Each Service provided by a Driver to a Customer shall constitute a separate agreement between such person(s) or entity(ies). No joint venture, partnership, employment, or agency relationship exists between you, PUT, any Driver or other third party as a result of this Agreement or use of the Service.

Driver Verification. Each Driver is required to drive only those vehicles which he or she has registered with Haultail. Drivers are not permitted to have any passengers in their vehicles while performing the Services. All Drivers must also pass PUT’s vetting system, which includes a background check, driving record review, insurance, vehicle suitability, and other factors. Customers are responsible for ensuring that the Driver’s vehicle matches the vehicle on the Order confirmation and the Driver is as identified in the application. Drivers are responsible for insuring their vehicles to either PUT or the State of the vehicle’s registration requirements, whichever are greater.

PUT AND ITS AFFILIATES DO NOT PROVIDE MOVING SERVICES OR FUNCTION AS A MOVING CARRIER OR A DRIVER. PUT OFFERS INFORMATION AND A METHOD TO OBTAIN AND SCHEDULE DRIVING SERVICES WITH INDEPENDENT THIRD-PARTY PROVIDERS. YOU AGREE THAT PUT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MOVING, LOGISTICS, OR TRANSACTIONS PROVIDED TO YOU BY THIRD-PARTY PROVIDERS THROUGH THE USE OF THE SERVICES. PUT DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS EXCEPT AS NOTED HEREIN. IT IS YOUR RESPONSIBILITY TO MAKE SURE A DRIVER MEETS YOUR REQUIREMENTS. PUT WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD-PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK.

3. Modification to the Agreement

In the event that changes are made to these Terms, they shall become binding upon you only upon your acceptance of the modified agreement. PUT reserves the right to modify any information referenced by this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of Haultail after such changes are made or posted shall constitute your consent to such changes.

You expressly agree that any changes to this Agreement or the information referenced herein does not create an opportunity to opt out of the binding mediation/arbitration clauses located at Section 18 (to the extent applicable).

4. Age Restrictions; Eligibility

Haultail is only available to person(s) over the age of eighteen (18). By becoming a Customer, you represent and warrant to PUT that you are at least 18 years old, and that you have the right, authority and legal capacity to enter into and abide by the terms and conditions in this Agreement. In certain instances, PUT may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity. PUT also expressly reserves the right to suspend or permanently deactivate any Customer account for any reason, including but not limited to a violation of this Agreement.

You also represent and warrant that you will not allow other persons to use your Customer account, and you agree to be the sole authorized user of your account.

Unless otherwise expressly permitted in writing, you are only eligible for one Customer account.

5. Charges

As a Customer, you agree to pay the amount charged for your use of Haultail (hereafter the “Service Charges”). Service Charges for an Order are all inclusive, meaning all fares and other applicable fees, such as disposal costs, taxes, surcharges and any other fees are calculated into the amount provided to you prior to your confirmation of the order. Pricing for Orders may vary depending on the type of Services you request. You are responsible for reviewing the Service Charges provided prior to confirming the Order. Your use of Haultail constitutes your consent to those Service Charges, whether you actually reviewed them or not.

By using Haultail, you also expressly agree to the following:

Transaction Facilitation . All Service Charges are facilitated through a third-party payment processing service. PUT may replace its third-party payment processing service at any time without notice to you. Service Charges shall only be made through Haultail, including voluntary gratuities. Cash payments are strictly prohibited.

Refunds . All Service Charges are non-refundable unless otherwise noted during the ordering process. This no-refund policy shall apply at all times regardless of your decision to terminate usage of Haultail, disruptions to Haultail, or any other reason whatsoever, unless expressly noted otherwise herein.

Credits and Discounts. PUT may provide you with credits or discounts to be applied to your future use of Haultail. These credits or discounts are only valid on Haultail, and are not transferable and have no cash value, unless otherwise required by law. Credits and discounts cannot be combined, and if the cost of your service exceeds any available credits or discounts, you agree to permit PUT to charge your credit card for the balance of the Service. Credits and discounts are also subject to any additional restrictions communicated to you in any relevant promotion.

Credit Card Authorization . You have the right to submit your chosen payment method for the Services. Upon the addition of any new payment method, PUT reserves the right to require pre-authorization from your selected payment method to ensure Service Charges will be covered, and to protect against unauthorized conduct. While the authorization is not a “charge” it may reduce your available credit or balance for varying lengths of time depending on your institutions policies and procedures. PUT is not responsible for overdraft or NSF charges on your accounts and cannot provide assistance to you in attempting to recover any of those charges. By using Haultail you expressly agree that PUT shall be entitled to recover from you any overdraft or NSF charges it incurs in processing payments for any Service Charges accepted by you.

Gratuities. PUT does not designate any portion of your payment as a tip or gratuity to any Driver or other third party. Gratuities are voluntary. You understand that while you are free to choose to give a gratuity, you are under no obligation to do so. In the event any Driver suggests to you that gratuities are expected or required for using the Services, please notify PUT through the Help Center at [email protected].

Repair or Cleaning Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from your improper packaging of items for pickup or delivery and/or your submission of an Order for Services which are prohibited by these Terms.

Delivery. Delivery times - including pre-scheduled times - are also non-binding estimates and may vary for the same or similar reasons. CUSTOMERS SHOULD REASONABLY EXPECT VARIANCES OF UP TO 90 MINUTES FROM ESTIMATED OR PRE-SCHEDULED DELIVERY TIMES. Customers will receive notice through Haultail’s messaging system of the arrival of the Driver. Customers are given a five (5) minute grace period from the time of the Driver’s arrival to the designated delivery address for the Customer to accept delivery. Wait times longer than five minutes will be subject to an additional fee.

Inability to Complete Service. In the event that by no fault of the Driver or PUT the Services cannot be completed, the Customer will be charged 100% of the estimated fee and all items scheduled for Delivery will be returned and/or the pickup of items scheduled for Delivery will be cancelled. Neither PUT nor the Driver shall be responsible for any damage to Customer’s property as a result of the inability to complete Services under this section. In the event of the inability to complete Services due to mechanical breakdown or other issues with a Driver’s vehicle, PUT will notify Customer of the issue and make every effort to find a replacement Driver to complete the Services at no additional cost to Customer.

Stranding and Abandonment. Use of Haultail to strand or abandon items may result in a stranding and abandonment fee of up to $500.00, in addition to actual disposal charges.

Technology. You agree and understand that you are responsible for providing your own mobile device to operate Haultail, including the cost of any data charges. You also agree to maintain the minimum software required, which is Android 5.0 or iOS 9.0 (or newer).

6. Insurance

Haultail insures each Delivery of newly purchased goods up to $250.00. Customers shall have the option to purchase additional insurance for newly purchased goods in their original packaging in amounts in excess of $250.00, up to $2,500, for an additional fee by selecting such option and amount of coverage prior to order confirmation. Items of extraordinary value (i.e. over $2,500) or items that are irreplaceable should not be moved via Haultail. Items valued over $2,500 and shall require additional consents from the Customer and pre-approval by PUT.

Customers are not required to purchase Insurance through Haultail at full replacement value for newly purchased goods but agree that their failure to do so will limit PUT’s liability for damage to the amount of insurance actually purchased. Customer expressly waives any right to claim damages against Haultail for failure to insure their goods up to full replacement value and under no circumstances may Customer seek to hold Haultail liable for damage to their goods in excess of the chosen insurance amount.

Damage that occurs during transportation (from the time the goods are placed on the truck to the time they are removed) will be repaired or replaced up to the insured amount chosen by Customer. Customers will receive a receipt from our third-party insurance provider at the time of Order confirmation which will contain instructions on how to submit a claim in the event of damage. Failure to submit a claim in accordance with the instructions provided may result in the denial of a claim.

Existing damage will be noted and photographed by Drivers prior to transport. Goods and other property that are damaged as a result of improper packaging for transport in a pickup truck (such as, but not limited to, televisions and other sensitive electronics) may not be covered. It is your responsibility to ensure that items are reasonably packaged and prepared for moving in the chosen vehicle type.

HAULTAIL IS NOT A MOVING COMPANY, THEREFORE HAULTAIL DOES NOT INSURE USED GOODS, AND CUSTOMER AGREES TO THAT THEIR USE OF HAULTAIL FOR DELIVERY OF USED GOODS IS AT THEIR OWN RISK.

7. Prohibited Uses

There are a number of prohibitions and limitations on the use of Haultail. Examples include:

· No Hazardous materials of any kind, including explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives pool chemicals, paint and solvents, or anything designated by the Department of Transportation as Hazardous Materials;

· No live animals or humans, illegal substances, or anything that may place a Driver in conflict with Federal, State, or local laws or regulations;

· No Articles of exceptional value (antiques, fine art, jewels /jewelry, gold or other precious metals);

· No food waste or recyclable goods which would otherwise be disposed of by municipal waste/recycling (certain exceptions may apply, including if your area does not provide municipal waste/recycling);

· No firearms, ammunition or other explosive materials; and,

• No illegal goods

For a complete list of prohibited uses, please see our Prohibited Uses Page.

8. Communications

By becoming a Customer, you agree to receive communications from PUT, including via e-mail, text message, calls or push notifications. You understand and consent to texts, calls or pre-recorded messages being generated by our automated system. Communications from PUT, its affiliated companies, or Drivers, may include but are not necessarily limited to: operational communications related to chosen Services and/or regarding the use of your Account, updates to Haultail’s features and the Services, promotions run by us or third-party partners and industry related news and updates.

You will have the choice to opt out of receiving promotional related communications by following the link in any email, or instructions contained in any text message or manually changing the settings in your User account.

You agree that any communications with PUT, including questions, comments, suggestions or feedback, is not confidential and is the sole property of PUT. PUT shall own all rights to any intellectual property arising out of such communications, and shall be entitled to the unrestricted use or and dissemination of same for any purpose. Be entering this Agreement you consent to PUT using these communications without the need for acknowledgment or compensation to you.

You are responsible for all text, messaging, data or other charges associated with any communications sent/received by you through Haultail, including to/from other Users.

9. Your Information

Your information (the “Information”) is any information you provide, post or publish to or through your use of Haultail (including profile information) or send to other Users (including “feedback” submitted through Haultail or information posted to social media).

You agree to maintain accurate, current and complete Information and that we and others may rely on your Information as such.

PUT does not own your Information. By using Haultail, you grant PUT a non-exclusive, world-wide, perpetual, irremovable, royalty-free, transferable, sub-licensable right and license to exercise any and all rights to your Information (including but not limited to copyright, publicity, and database rights). You hereby consent to PUT using the Information, including PUT’s right to perform, display and distribute such Information for any purpose related to PUT’s business, either directly or indirectly.

You agree to not provide Information or other User content which is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PUT in its sole discretion, whether or not such material may be protected by law. PUT may, but shall not be obligated to, review, monitor, or remove Information or other content, at PUT's sole discretion and at any time and for any reason, without notice to you

10. Promotions and Referral Programs

PUT may, in its sole and absolute discretion, make available to certain Users or prospective Users, various promotions and referral programs. Unless made to you, these promotions create no rights, and have no bearing (of any kind) on your Agreement with PUT. PUT reserves the right to withhold or deduct credits or benefits if PUT determines that the conveying of such promotion or benefit on you was done in error, or in violation of the applicable promotion terms or this Agreement.

As part of your Customer account, you may receive a unique code (composed of some combination of letters, numbers and/or symbols) for you to distribute to anyone you deem fit, including other Users and prospective Customers or Drivers. You may only distribute these codes for promotional purposes and they must be given away for free. You are prohibited from selling, bartering or otherwise profiting in any way from these codes and you may not publish/advertise any codes related to Haultail in any manner or form, including on social media such as Facebook, Twitter or Instagram.

PUT reserves the right to suspend or terminate any codes for any reason it sees fit and in its sole and absolute discretion.

From time-to-time, PUT may offer you incentives for referrals of new Users (the “Referral System”). These incentives may come in the form of Haultail credits or otherwise. Any such incentive or referral offered to you will be subject to the terms, restrictions and requirements stated therein. Your participation in the Referral System is subject to this Agreement and any additional Referral System rules published on Haultail or included with the offer.

11. Restricted Activities

With respect to your use of Haultail, you agree that you will not:

a. Violate any local, state or Federal laws;

b. Infringe on any third party’s rights, including but not limited to intellectual property rights or rights of publicity or privacy;

c. Impersonate any person or entity;

d. Stalk, threaten or harass any person or entity, including Customers or Drivers;

e. Post, email or otherwise transmit to PUT or any other person or entity any malicious code, files or programs designed to interfere with, damage or destroy any computer software or hardware of any person or entity;

f. Intercept any communications or other data, including User Information;

g. Copy or otherwise attempt to “mirror” Haultail, including the sale, lease or license of any portion of Haultail, without PUT’s prior written authorization, or use meta tags or code or other devices intended to direct any person or entity using Haultail to a different website for any purpose;

h. Utilize robots, spiders or search retrieval applications or any other type of manual or automatic device to data mine or in any way reproduce Haultail;

i. Transfer or sell your Customer account to any other person or entity;

j. Discriminate or harass any person on the basis of race, national origin, religion, gender, gender identify, physical or mental disability or conditions, marital status, age, or sexual orientation; and/or,

k. Cause or encourage any third party to engage in any of the foregoing conduct.

12. Intellectual Property

Any and all intellectual property rights associated with Haultail are solely and absolutely owned by PUT in their entirety. This includes copyright, database, design, trademark, patent and other similar rights worldwide. All other trademarks (or service marks), logos, company names or product names otherwise appearing in Haultail are the property of their respective owners. Your use of Haultail grants you no rights in any intellectual property of PUT or any other party unless otherwise expressly set forth in these Terms

13. Term and Termination

This Agreement is effective upon your creation of a Customer account and acceptance of these Terms. This Agreement may be terminated by either a Customer or PUT at any time for any reason.

14. Disclaimers

The following disclaimers are made on behalf of PUT, our affiliates, subsidiaries, parents, successors, and assigns, together with our officers, directors, employees, agents and shareholders:

· We cannot control the quality or safety of the transportation that occurs as a result of the Services and shall not have any liability to a Customer unless otherwise expressly provided for in these Terms.

· Use of Haultail is provided on an as-is basis and without any warranty or condition, express, implied or statutory other than as expressly stated in these Terms. We do not guarantee or promise any specific result unless otherwise expressly stated, including the ability to provide or receive Services at any given time or in any given location. We do not warrant that use of Haultail will meet your requirements or be error-free, uninterrupted or reliable.

· We disclaim liability for, and make no warranty respecting, connectivity or the availability of Haultail or the Services.

· We also specifically disclaim, to the extent permitted by law, any and all implied warranties, such as title, merchantability and fitness for a purpose. If your local or state law prohibits such disclaimer, this shall not apply to you.

· We disclaim all liability arising out of your misuse of your Customer Account. To the extent that you believe that there has been unauthorized use of your account, you agree to notify us immediately, but in no event less than thirty (30) days after receiving a charge which you suspect is unauthorized.

· We are not responsible for the use by others of any information you publish in connection with your use of Haultail, including the use by others of personal information you disclose other than as set forth in our Privacy Policy.

· We disclaim any liability for the acts or omissions of other Customers, including unauthorized users.

· You may not rely on any statements not directly made by us relating to Haultail or the Services and under no circumstances can you hold PUT liable for your reliance on such statements. We reserve the right, in our sole and absolute discretion, to monitor information shared by others through Haultail and to remove any material that, in our opinion, violates the law, this Agreement or which is offensive, illegal or which constitute threats to others.

· PUT is not responsible for data charges you incur from your use of the Services, and you are solely responsible for any and all charges, including text message fees.

· To the extent you purchase Haultail through a third-party provider, such as the Apple Store, Google Play Store, or android Market, you agree by entering into this Agreement that the third-party provider (e.g. Apple, Inc.), is not a party hereto and this Agreement creates no rights in you or any other person against that third-party. Be entering into this Agreement you permit such third-party provider, as a third-party beneficiary, to enforce these Terms. This Agreement incorporates by reference all the terms of any third-party “End User License Agreement” for purposes of which You are the end-user. In the event of a conflict between that agreement and this Agreement, the terms of this Agreement shall control.

· While PUT will seek to establish that its Drivers are vetted, qualified and drive pickup trucks that are owned and insured by the named Driver, including driving and criminal background checks, we cannot be held responsible for any Driver’s conduct and/or misrepresentations or failures to disclose pertinent information or his/her failure to maintain insurance.

· We cannot guarantee that each Customer/Driver is who he or she claims to be. Please utilize Haultail, including information provided to you, to ensure that each Customer/Driver is the proper person, including looking at photos of the Customer/Driver or confirm license plate information.

· We disclaim liability for dealing with underage persons or people acting under false pretense. We disclaim all responsibility or liability for any content, communication or other use or access of Haultail by persons under the age of 18 in violation of this Agreement.

15. State and Local Disclosures

Certain jurisdictions may require additional disclosures to you. You may view any such disclosures by clicking on this link here State/Local Disclosure Page. We will update these disclosures as necessary to incorporate changes to the required disclosures. Please check this regularly.

16. Indemnity

You agree to indemnify and hold harmless PUT, its affiliates, subsidiaries, parents, successors and assigns, including each entity(ies) past and present officers, directors, employees and agents, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of Haultail or the Services including: (1) your breach of this Agreement; (2) your violation of any local, state or Federal law or regulation; (3) your violation of the rights of any third parties; (4) allegations that any submission or information provided by you infringes on any intellectual property rights of any third party; (5) any other activity connected with your use of the Services. This indemnity shall be limited only by the willful misconduct of an indemnified person, and shall not be limited by the negligence of any indemnified person.

17. Limitation of Liability

In no event will PUT, or any of its affiliates, subsidiaries, parents, successors or assigns, and each of our respective past and present officers, directors, employees, agents, or shareholders (collectively “PUT” for purposes of this section) be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages arising out of or in connection with your use of Haultail, the Services or this Agreement, however arising, whether through negligence or if such damages were reasonably foreseeable or otherwise known to PUT, or if PUT had been advised of the possibility of such damages. You may use Haultail and the Services, including Delivery or Demo Collection, or other services developed in the future, but you agree that PUT has no responsibility or liability to you related to any transportation, good or other services unless expressly set forth in these Terms.

NOTE: certain jurisdictions may not allow the exclusion of damages set forth in this section. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations, may not apply to you and you may have additional rights. PUT makes no representations or warranties related to those rights or their applicability to you or your use of Haultail.

18. Mediation / Arbitration Clause

In the event of any controversy or claim arising out of or relating to this Agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association (“AAA”) under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

In the event of arbitration, the number of arbitrators shall be one. The place of arbitration shall be Boston, Massachusetts. Massachusetts law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court in Suffolk County, Massachusetts.

If the Parties are not able to agree upon the selection of an arbitrator within thirty (30) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the case administrator assigned by the American Arbitration Association. The arbitrator shall have at least ten years of experience conducting arbitrations governed by applicable AAA Rules.

Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.

Each party shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association.

Class action lawsuits, class-wide arbitrations, private attorney-general actions (including but not limited to the Private Attorneys General Act of 2004, California Labor Code §2698, et seq., and any other proceeding where someone acts in a representative capacity are not allowed (other than an action by an estate representative of an individual), nor is combining individual proceedings without the consent of all parties. Notwithstanding any other provision of this Agreement, disputes regarding the scope, applicability, enforceability revocability or validity of the restrictions in this paragraph may be resolved only by a civil court of competent jurisdiction and not an arbitrator. If any provision of this paragraph is found unenforceable or unlawful for any reason, the remainder of this provision shall survive and the unenforceability of the specific portion of this provision shall not affect the overall enforceability of the requirements to submit disputes to mediation/arbitration.

19. Severability

In addition to the severability provision in Section 18, above, in the event that any portion of this Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of this Agreement shall be given full force and effect.

20. Confidentiality

You agree not to use any technical, financial, strategic, or other proprietary and confidential information relating to Pout’s business or operations, including User Information disclosed to you for any purpose other than as contemplated herein, nor disclose any such information to third parties without PUT’s express written permission.

21. Governing Law

This Agreement shall be governed by Massachusetts law, without regard to choice of law principles.

22. Assignment

You agree that PUT may assign any rights you may have in this Agreement in its sole discretion by providing you written notice thereof.

23. Notices

You agree that PUT may provide you notice by sending it to you through Haultail or through the email or physical address you provide to PUT through the registration process. Unless otherwise state hereinabove, any notices to Haultail must be submitted through Haultail through our Help Center at [email protected].

24. Other Miscellaneous Provisions

You expressly agree that your use of Haultail is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/

Headings are for reference only and shall not operate to limit, define or otherwise construe the scope or content of such section.

A party’s failure to act with regard to any breach of this Agreement shall not constitute a waiver of any subsequent breach, even if a breach of the same provision.

This Agreement sets forth the entire agreement of the parties and supersedes all previous understandings and agreements, whether written or oral. This is an integrated agreement.

If you have any questions or concerns, please contact Customer Support through our Help Center at [email protected].