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TERMS OF SERVICE 

Last updated April 11, 2024 

AGREEMENT TO OUR LEGAL TERMS 

We are Pavewise, a Delaware corporation,  (“Company,” “we,” “us,” “our”), a company registered in North  Dakota, United States at 8 the Green, Ste B in Dover, DE. 

We operate the website https://app.pavewisepro.com (the “Site”), the mobile application  Pavewise Pro (the “App”), as well as Pavewise’s GroundTruth and any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). 

You can contact us by phone at (US) (701) 426-7873, email at  

support@pavewisepro.com, or by mail to PO Box 472, Bismarck, ND 58502, United  States. 

These Legal Terms constitute a legally binding agreement made between you, whether  personally or on behalf of an entity (“you”), and Pavewise, concerning your access to  and use of the Services. You agree that by accessing the Services, you have read,  understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE  WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING  THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

We will provide you with prior notice of any scheduled changes to the Services you are  using. The modified Legal Terms will become effective upon posting or notifying you by  support@pavewisepro.com, as stated in the email message. By continuing to use the  Services after the effective date of any changes, you agree to be bound by the modified  terms. 

The Services are intended for users who are at least 18 years old. Persons under the age  of 18 are not permitted to use or register for the Services. 

We recommend that you print a copy of these Legal Terms for your records. TABLE OF CONTENTS

1. OUR SERVICES 

2. INTELLECTUAL PROPERTY RIGHTS 

3. USER REPRESENTATIONS 

4. USER REGISTRATION 

5. PURCHASES AND PAYMENT 

6. TRIAL PERIOD 

7. CANCELLATION 

8. PROHIBITED ACTIVITIES 

9. USER GENERATED CONTRIBUTIONS 

10. CONTRIBUTION LICENSE 

11. MOBILE APPLICATION LICENSE 

12. SERVICES MANAGEMENT 

13. PRIVACY POLICY 

14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY 15. TERM AND TERMINATION 

16. MODIFICATIONS AND INTERRUPTIONS 

17. GOVERNING LAW 

18. DISPUTE RESOLUTION 

19. CORRECTIONS 

20. DISCLAIMER 

21. LIMITATIONS OF LIABILITY 

22. INDEMNIFICATION 

23. USER DATA 

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 25. CALIFORNIA USERS AND RESIDENTS 

26. MISCELLANEOUS 

27. CONTACT US 

1. OUR SERVICES 

The information provided when using the Services is not intended for distribution to or  use by any person or entity in any jurisdiction or country where such distribution or use  would be contrary to law or regulation or which would subject us to any registration  requirement within such jurisdiction or country. Accordingly, those persons who choose  to access the Services from other locations do so on their own initiative and are solely  responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Services are not tailored to comply with industry-specific regulations (Health  Insurance Portability and Accountability Act (HIPAA), Federal Information Security 

Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,  you may not use the Services. You may not use the Services in a way that would violate  the Gramm-Leach-Bliley Act (GLBA). 

2. INTELLECTUAL PROPERTY RIGHTS 

Our intellectual property: 

We are the owner or the licensee of all intellectual property rights in our Services,  including all source code, databases, functionality, software, website designs, audio,  video, text, photographs, and graphics in the Services (collectively, the “Content”), as  well as the trademarks, service marks, and logos contained therein (the “Marks”). 

Our Content and Marks are protected by copyright and trademark laws (and various  other intellectual property rights and unfair competition laws) and treaties in the United  States and around the world. 

The Content and Marks are provided in or through the Services “AS IS” for your internal  business purpose only. 

Your use of our Services: 

Subject to your compliance with these Legal Terms, including the “PROHIBITED  ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable  license to: access the Services; and download or print a copy of any portion of the Content to which you have properly  gained access solely for your internal business purpose. 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services  and no Content or Marks may be copied, reproduced, aggregated, republished,  uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,  sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without  our express prior written permission. 

If you wish to make any use of the Services, Content, or Marks other than as set out in  this section or elsewhere in our Legal Terms, please address your request to:  support@pavewisepro.com. If we ever grant you the permission to post, reproduce, or  publicly display any part of our Services or Content, you must identify us as the owners 

or licensors of the Services, Content, or Marks and ensure that any copyright or  proprietary notice appears or is visible on posting, reproducing, or displaying our  Content. 

We reserve all rights not expressly granted to you in and to the Services, Content, and  Marks. 

Any breach of these Intellectual Property Rights will constitute a material breach of our  Legal Terms and your right to use our Services will terminate immediately. 

Your submissions and contributions: 

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to  using our Services to understand the (a) rights you give us and (b) obligations you have  when you post or upload any content through the Services. 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback,  or other information about the Services (“Submissions”), you agree to assign to us all  intellectual property rights in such Submission. You agree that we shall own this  Submission and be entitled to its unrestricted use and dissemination for any lawful  purpose, commercial or otherwise, without acknowledgment or compensation to you. 

Contributions: The Services may invite you to chat, contribute to, or participate in blogs,  message boards, online forums, and other functionality during which you may create,  submit, post, display, transmit, publish, distribute, or broadcast content and materials to  us or through the Services, including but not limited to text, writings, video, audio,  photographs, music, graphics, comments, reviews, rating suggestions, personal  information, or other material (“Contributions”). Any Submission that is publicly posted  shall also be treated as a Contribution. 

You understand that Contributions may be viewable by other users of the Services. 

When you post Contributions, you grant us a license (including use of your name,  trademarks, and logos): By posting any Contributions, you grant us an unrestricted,  unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,  worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish,  broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt  (in whole or in part), and exploit your Contributions (including, without limitation, your  image, name, and voice) for any purpose, commercial, advertising, or otherwise, to  prepare derivative works of, or incorporate into other works, your Contributions, and to 

sublicense the licenses granted in this section. Our use and distribution may occur in any  media formats and through any media channels. 

This license includes our use of your name, company name, and franchise name, as  applicable, and any of the trademarks, service marks, trade names, logos, and personal  and commercial images you provide. 

You are responsible for what you post or upload: By sending us Submissions and/or  posting Contributions through any part of the Services or making Contributions  accessible through the Services by linking your account through the Services to any of  your social networking accounts, you: 

confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not  post, send, publish, upload, or transmit through the Services any Submission nor post  any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene,  bullying, abusive, discriminatory, threatening to any person or group, sexually explicit,  false, inaccurate, deceitful, or misleading; 

to the extent permissible by applicable law, waive any and all moral rights to any such  Submission and/or Contribution; 

warrant that any such Submission and/or Contributions are original to you or that you  have the necessary rights and licenses to submit such Submissions and/or Contributions  and that you have full authority to grant us the above-mentioned rights in relation to  your Submissions and/or Contributions; and 

warrant and represent that your Submissions and/or Contributions do not constitute  confidential information. 

You are solely responsible for your Submissions and/or Contributions and you expressly  agree to reimburse us for any and all losses that we may suffer because of your breach  of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 

We may remove or edit your Content: Although we have no obligation to monitor any  Contributions, we shall have the right to remove or edit any Contributions at any time  without notice if in our reasonable opinion we consider such Contributions harmful or in  breach of these Legal Terms. If we remove or edit any such Contributions, we may also  suspend or disable your account and report you to the authorities. 

Copyright infringement: 

We respect the intellectual property rights of others. If you believe that any material  available on or through the Services infringes upon any copyright you own or control,  please immediately refer to the “DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE  AND POLICY” section below.

3. USER REPRESENTATIONS 

By using the Services, you represent and warrant that: (1) all registration information  you submit will be true, accurate, current, and complete; (2) you will maintain the  accuracy of such information and promptly update such registration information as  necessary; (3) you have the legal capacity and you agree to comply with these Legal  Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not  access the Services through automated or non-human means, whether through a bot,  script or otherwise; (6) you will not use the Services for any illegal or unauthorized  purpose; and (7) your use of the Services will not violate any applicable law or  regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we  have the right to suspend or terminate your account and refuse any and all current or  future use of the Services (or any portion thereof). 

4. USER REGISTRATION 

You may be required to register to use the Services. You agree to keep your password  confidential and will be responsible for all use of your account and password. We  reserve the right to remove, reclaim, or change a username you select if we determine,  in our sole discretion, that such username is inappropriate, obscene, or otherwise  objectionable. 

5. PURCHASES AND PAYMENT 

We accept the following forms of payment: 

– Visa 

– Mastercard 

– American Express 

– Discover 

– ACH Debit 

– ACH Credit 

You agree to provide current, complete, and accurate purchase and account information  for all purchases made via the Services. You further agree to promptly update account  and payment information, including email address, payment method, and payment card  expiration date, so that we can complete your transactions and contact you as needed. 

Sales tax will be added to the price of purchases as deemed required by us. We may  change prices at any time. All payments shall be in US dollars. 

You agree to pay all charges at the prices then in effect for your purchases and any  applicable shipping fees, and you authorize us to charge your chosen payment provider  for any such amounts upon placing your order. If your order is subject to recurring  charges, then you consent to our charging your payment method on a recurring basis  without requiring your prior approval for each recurring charge, until such time as you  cancel the applicable order. We reserve the right to correct any errors or mistakes in  pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Services. We may, in our  sole discretion, limit or cancel quantities purchased per person, per household, or per  order. These restrictions may include orders placed by or under the same customer  account, the same payment method, and/or orders that use the same billing or shipping  address. We reserve the right to limit or prohibit orders that, in our sole judgment,  appear to be placed by dealers, resellers, or distributors. 

6. TRIAL PERIOD 

A trial period may be offered; if so, details will be indicated in your invoice. 

7. CANCELLATION 

You can cancel your subscription at any time by logging into your account. Your  cancellation will take effect at the end of the current paid term. 

If you are unsatisfied with our Services, please email us at support@pavewisepro.com or  call us at (US)(701) 426-7873. 

8. PROHIBITED ACTIVITIES 

You may not access or use the Services for any purpose other than that for which we  make the Services available. The Services may not be used in connection with any  commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile,  directly or indirectly, a collection, compilation, database, or directory without written  permission from us. 

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive  account information such as user passwords. 

Circumvent, disable, or otherwise interfere with security-related features of the  Services, including features that prevent or restrict the use or copying of any Content or  enforce limitations on the use of the Services and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm  another person. 

Make improper use of our support services or submit false reports of abuse or  misconduct. 

Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services. 

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other  material, including excessive use of capital letters and spamming (continuous posting of  repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the  Services or modifies, impairs, disrupts, alters, or interferes with the use, features,  

functions, operation, or maintenance of the Services. 

Engage in any automated use of the system, such as using scripts to send comments or  messages, or using any data mining, robots, or similar data gathering and extraction  tools. 

Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a  passive or active information collection or transmission mechanism, including without  limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or  other similar devices (sometimes referred to as “spyware” or “passive collection  mechanisms” or “pcms”). 

Interfere with, disrupt, or create an undue burden on the Services or the networks or  services connected to the Services. 

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in  providing any portion of the Services to you. 

Attempt to bypass any measures of the Services designed to prevent or restrict access  to the Services, or any portion of the Services. 

Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML,  JavaScript, or other code. 

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse  engineer any of the software comprising or in any way making up a part of the Services.

Except as may be the result of standard search engine or Internet browser usage, use,  launch, develop, or distribute any automated system, including without limitation, any  spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or  launch any unauthorized script or other software. 

Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the Services, including collecting usernames and/or email  addresses of users by electronic or other means for the purpose of sending unsolicited  email, or creating user accounts by automated means or under false pretenses. Use the Services as part of any effort to compete with us or otherwise use the Services  and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Services to advertise or offer to sell goods and services. 

Sell or otherwise transfer your profile. 

9. USER GENERATED CONTRIBUTIONS 

The Services may invite you to chat, contribute to, or participate in blogs, message  boards, online forums, and other functionality, and may provide you with the  opportunity to create, submit, post, display, transmit, perform, publish, distribute, or  broadcast content and materials to us or on the Services, including but not limited to  text, writings, video, audio, photographs, graphics, comments, suggestions, or personal  information or other material (collectively, “Contributions”). Contributions may be  viewable by other users of the Services and through third-party websites. As such, any  Contributions you transmit may be treated as non-confidential and non-proprietary.  When you create or make available any Contributions, you thereby represent and  warrant that: 

The creation, distribution, transmission, public display, or performance, and the  accessing, downloading, or copying of your Contributions do not and will not infringe  the proprietary rights, including but not limited to the copyright, patent, trademark,  trade secret, or moral rights of any third party. 

You are the creator and owner of or have the necessary licenses, rights, consents,  releases, and permissions to use and to authorize us, the Services, and other users of  the Services to use your Contributions in any manner contemplated by the Services and  these Legal Terms. 

You have the written consent, release, and/or permission of each and every identifiable  individual person in your Contributions to use the name or likeness of each and every  such identifiable individual person to enable inclusion and use of your Contributions in  any manner contemplated by the Services and these Legal Terms. 

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional  materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of  solicitation. 

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,  slanderous, or otherwise objectionable (as determined by us). 

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms)  any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not violate any applicable law concerning child pornography, or  otherwise intended to protect the health or well-being of minors. 

Your Contributions do not include any offensive comments that are connected to race,  national origin, gender, sexual preference, or physical handicap. 

Your Contributions do not otherwise violate, or link to material that violates, any  provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may  result in, among other things, termination or suspension of your rights to use the  Services. 

10. CONTRIBUTION LICENSE 

By posting your Contributions to any part of the Services, you automatically grant, and  you represent and warrant that you have the right to grant, to us an unrestricted,  unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,  worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,  broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat,  translate, transmit, excerpt (in whole or in part), and distribute such Contributions  (including, without limitation, your image and voice) for any purpose, commercial,  advertising, or otherwise, and to prepare derivative works of, or incorporate into other  works, such Contributions, and grant and authorize sublicenses of the foregoing. The  use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter  developed, and includes our use of your name, company name, and franchise name, as  applicable, and any of the trademarks, service marks, trade names, logos, and personal  and commercial images you provide. You waive all moral rights in your Contributions,  and you warrant that moral rights have not otherwise been asserted in your  Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all  of your Contributions and any intellectual property rights or other proprietary rights  associated with your Contributions. We are not liable for any statements or  representations in your Contributions provided by you in any area on the Services. You  are solely responsible for your Contributions to the Services and you expressly agree to  exonerate us from any and all responsibility and to refrain from any legal action against  us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise  change any Contributions; (2) to re-categorize any Contributions to place them in more  appropriate locations on the Services; and (3) to pre-screen or delete any Contributions  at any time and for any reason, without notice. We have no obligation to monitor your  Contributions. 

11. MOBILE APPLICATION LICENSE 

Use License 

If you access the Services via the App, then we grant you a revocable, non-exclusive,  non-transferable, limited right to install and use the App on wireless electronic devices  owned or controlled by you, and to access and use the App on such devices strictly in  accordance with the terms and conditions of this mobile application license contained in  these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,  reverse engineer, disassemble, attempt to derive the source code of, or decrypt the  App; (2) make any modification, adaptation, improvement, enhancement, translation,  or derivative work from the App; (3) violate any applicable laws, rules, or regulations in  connection with your access or use of the App; (4) remove, alter, or obscure any  proprietary notice (including any notice of copyright or trademark) posted by us or the  licensors of the App; (5) use the App for any revenue-generating endeavor, commercial  enterprise, or other purpose for which it is not designed or intended; (6) make the App  available over a network or other environment permitting access or use by multiple  devices or users at the same time; (7) use the App for creating a product, service, or  software that is, directly or indirectly, competitive with or in any way a substitute for the  App; (8) use the App to send automated queries to any website or to send any  unsolicited commercial email; or (9) use any proprietary information or any of our  interfaces or our other intellectual property in the design, development, manufacture,  licensing, or distribution of any applications, accessories, or devices for use with the  App. 

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store  or Google Play (each an “App Distributor”) to access the Services: (1) the license granted  to you for our App is limited to a non-transferable license to use the application on a  device that utilizes the Apple iOS or Android operating systems, as applicable, and in  accordance with the usage rules set forth in the applicable App Distributor’s terms of  service; (2) we are responsible for providing any maintenance and support services with  respect to the App as specified in the terms and conditions of this mobile application  license contained in these Legal Terms or as otherwise required under applicable law,  and you acknowledge that each App Distributor has no obligation whatsoever to furnish  any maintenance and support services with respect to the App; (3) in the event of any  failure of the App to conform to any applicable warranty, you may notify the applicable  App Distributor, and the App Distributor, in accordance with its terms and policies, may  refund the purchase price, if any, paid for the App, and to the maximum extent  permitted by applicable law, the App Distributor will have no other warranty obligation  whatsoever with respect to the App; (4) you represent and warrant that (i) you are not  located in a country that is subject to a US government embargo, or that has been  designated by the US government as a “terrorist supporting” country and (ii) you are not  listed on any US government list of prohibited or restricted parties; (5) you must comply  with applicable third-party terms of agreement when using the App, e.g., if you have a  VoIP application, then you must not be in violation of their wireless data service  agreement when using the App; and (6) you acknowledge and agree that the App  Distributors are third-party beneficiaries of the terms and conditions in this mobile  application license contained in these Legal Terms, and that each App Distributor will  have the right (and will be deemed to have accepted the right) to enforce the terms and  conditions in this mobile application license contained in these Legal Terms against you  as a third-party beneficiary thereof. 

12. SERVICES MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of  these Legal Terms; (2) take appropriate legal action against anyone who, in our sole  discretion, violates the law or these Legal Terms, including without limitation, reporting  such user to law enforcement authorities; (3) in our sole discretion and without  limitation, refuse, restrict access to, limit the availability of, or disable (to the extent  technologically feasible) any of your Contributions or any portion thereof; (4) in our sole  discretion and without limitation, notice, or liability, to remove from the Services or  otherwise disable all files and content that are excessive in size or are in any way  burdensome to our systems; and (5) otherwise manage the Services in a manner 

designed to protect our rights and property and to facilitate the proper functioning of  the Services. 

13. PRIVACY POLICY 

We care about data privacy and security. By using the Services, you agree to be bound  by our Privacy Policy posted on the Services, which is incorporated into these Legal  Terms. Please be advised the Services are hosted in the United States. If you access the  Services from any other region of the world with laws or other requirements governing  personal data collection, use, or disclosure that differ from applicable laws in the United  States, then through your continued use of the Services, you are transferring your data  to the United States, and you expressly consent to have your data transferred to and  processed in the United States. 

14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY Notifications 

We respect the intellectual property rights of others. If you believe that any material  available on or through the Services infringes upon any copyright you own or control,  please immediately notify our Designated Copyright Agent using the contact  information provided below (a “Notification”). A copy of your Notification will be sent to  the person who posted or stored the material addressed in the Notification. Please be  advised that pursuant to federal law you may be held liable for damages if you make  material misrepresentations in a Notification. Thus, if you are not sure that material  located on or linked to by the Services infringes your copyright, you should consider first  contacting an attorney. 

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and  include the following information: (1) A physical or electronic signature of a person  authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;  (2) identification of the copyrighted work claimed to have been infringed, or, if multiple  copyrighted works on the Services are covered by the Notification, a representative list  of such works on the Services; (3) identification of the material that is claimed to be  infringing or to be the subject of infringing activity and that is to be removed or access  to which is to be disabled, and information reasonably sufficient to permit us to locate  the material; (4) information reasonably sufficient to permit us to contact the  complaining party, such as an address, telephone number, and, if available, an email  address at which the complaining party may be contacted; (5) a statement that the  complaining party has a good faith belief that use of the material in the manner 

complained of is not authorized by the copyright owner, its agent, or the law; and (6) a  statement that the information in the notification is accurate, and under penalty of  perjury, that the complaining party is authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed upon. 

Counter Notification 

If you believe your own copyrighted material has been removed from the Services as a  result of a mistake or misidentification, you may submit a written counter notification to  [us/our Designated Copyright Agent] using the contact information provided below (a  “Counter Notification”). To be an effective Counter Notification under the DMCA, your  Counter Notification must include substantially the following: (1) identification of the  material that has been removed or disabled and the location at which the material  appeared before it was removed or disabled; (2) a statement that you consent to the  jurisdiction of the Federal District Court in which your address is located, or if your  address is outside the United States, for any judicial district in which we are located; (3)  a statement that you will accept service of process from the party that filed the  Notification or the party’s agent; (4) your name, address, and telephone number; (5) a  statement under penalty of perjury that you have a good faith belief that the material in  question was removed or disabled as a result of a mistake or misidentification of the  material to be removed or disabled; and (6) your physical or electronic signature. 

If you send us a valid, written Counter Notification meeting the requirements described  above, we will restore your removed or disabled material, unless we first receive notice  from the party filing the Notification informing us that such party has filed a court action  

to restrain you from engaging in infringing activity related to the material in question.  Please note that if you materially misrepresent that the disabled or removed content  was removed by mistake or misidentification, you may be liable for damages, including  costs and attorney’s fees. Filing a false Counter Notification constitutes perjury. 

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE  RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS  TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY  PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR  BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE  LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE  YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY  CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN  OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from  registering and creating a new account under your name, a fake or borrowed name, or  the name of any third party, even if you may be acting on behalf of the third party. In  addition to terminating or suspending your account, we reserve the right to take  appropriate legal action, including without limitation pursuing civil, criminal, and  injunctive redress. 

16. MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Services at any  time or for any reason at our sole discretion without notice. However, we have no  obligation to update any information on our Services. We will not be liable to you or any  third party for any modification, price change, suspension, or discontinuance of the  Services. 

We cannot guarantee the Services will be available at all times. We may experience  hardware, software, or other problems or need to perform maintenance related to the  Services, resulting in interruptions, delays, or errors. We reserve the right to change,  revise, update, suspend, discontinue, or otherwise modify the Services at any time or for  any reason without notice to you. You agree that we have no liability whatsoever for  any loss, damage, or inconvenience caused by your inability to access or use the Services  during any downtime or discontinuance of the Services. Nothing in these Legal Terms  will be construed to obligate us to maintain and support the Services or to supply any  corrections, updates, or releases in connection therewith. 

17. GOVERNING LAW 

These Legal Terms and your use of the Services are governed by and construed in  accordance with the laws of the State of North Dakota applicable to agreements made 

and to be entirely performed within the State of North Dakota, without regard to its  conflict of law principles. 

18. DISPUTE RESOLUTION 

Binding Arbitration 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute  (except those Disputes expressly excluded below) will be finally and exclusively resolved  by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU  WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration  shall be commenced and conducted under the Commercial Arbitration Rules of the  American Arbitration Association (“AAA”) and, where appropriate, the AAA’s  Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”),  both of which are available at the American Arbitration Association (AAA) website. Your  arbitration fees and your share of arbitrator compensation shall be governed by the AAA  Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such  costs are determined by the arbitrator to be excessive, we will pay all arbitration fees  and expenses. The arbitration may be conducted in person, through the submission of  documents, by phone, or online. The arbitrator will make a decision in writing, but need  not provide a statement of reasons unless requested by either Party. The arbitrator  must follow applicable law, and any award may be challenged if the arbitrator fails to do  so. Except where otherwise required by the applicable AAA rules or applicable law, the  arbitration will take place in Burleigh, North Dakota. Except as otherwise provided  herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by  the arbitrator. 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall  be commenced or prosecuted in the state and federal courts located in Burleigh, North  Dakota, and the Parties hereby consent to, and waive all defenses of lack of personal  jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such  state and federal courts. Application of the United Nations Convention on Contracts for  the International Sale of Goods and the Uniform Computer Information Transaction Act  (UCITA) are excluded from these Legal Terms. 

In no event shall any Dispute brought by either Party related in any way to the Services  be commenced more than five (5) years after the cause of action arose. If this provision  is found to be illegal or unenforceable, then neither Party will elect to arbitrate any  Dispute falling within that portion of this provision found to be illegal or unenforceable 

and such Disputes shall be decided by a court of competent jurisdiction within the courts  listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction  of that court. 

Restrictions 

The Parties agree that any arbitration shall be limited to the Dispute between the  Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined  with any other proceeding; (b) there is no right or authority for any Dispute to be  arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no  right or authority for any Dispute to be brought in a purported representative capacity  on behalf of the general public or any other persons. 

Exceptions to Arbitration 

The Parties agree that the following Disputes are not subject to the above provisions  concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or  concerning the validity of, any of the intellectual property rights of a Party; (b) any  Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or  unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be  illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling  within that portion of this provision found to be illegal or unenforceable and such  Dispute shall be decided by a court of competent jurisdiction within the courts listed for  jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that  court. 

19. CORRECTIONS 

There may be information on the Services that contains typographical errors,  inaccuracies, or omissions, including descriptions, pricing, availability, and various other  information. We reserve the right to correct any errors, inaccuracies, or omissions and  to change or update the information on the Services at any time, without prior notice. 

20. DISCLAIMER 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT  YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT  PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN  CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT  LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 

PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR  REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’  CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO  THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL  INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM  YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR  USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR  FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF  TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,  OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY  THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND  MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF  THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE  VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME  RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD  PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR  MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE  WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY  TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR  SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM  OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE  CAUTION WHERE APPROPRIATE. 

21. LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU  OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,  INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST  REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE  SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY  TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE  ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY,  BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION  ARISING OR $6,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO  NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR  LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF  THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY  HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,  affiliates, and all of our respective officers, agents, partners, and employees, from and  against any loss, damage, liability, claim, or demand, including reasonable attorneys’  fees and expenses, made by any third party due to or arising out of: (1) your  Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of  your representations and warranties set forth in these Legal Terms; (5) your violation of  the rights of a third party, including but not limited to intellectual property rights; or (6)  any overt harmful act toward any other user of the Services with whom you connected  via the Services. Notwithstanding the foregoing, we reserve the right, at your expense,  to assume the exclusive defense and control of any matter for which you are required to  indemnify us, and you agree to cooperate, at your expense, with our defense of such  claims. We will use reasonable efforts to notify you of any such claim, action, or  proceeding which is subject to this indemnification upon becoming aware of it. 

23. USER DATA 

We will maintain certain data that you transmit to the Services for the purpose of  managing the performance of the Services, as well as data relating to your use of the  Services. Although we perform regular routine backups of data, you are solely  responsible for all data that you transmit or that relates to any activity you have  undertaken using the Services. You agree that we shall have no liability to you for any  loss or corruption of any such data, and you hereby waive any right of action against us  arising from any such loss or corruption of such data. 

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Services, sending us emails, and completing online forms constitute  electronic communications. You consent to receive electronic communications, and you  agree that all agreements, notices, disclosures, and other communications we provide  to you electronically, via email and on the Services, satisfy any legal requirement that  such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC  SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC  DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR  COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements  under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which  require an original signature or delivery or retention of non-electronic records, or to  payments or the granting of credits by any means other than electronic means.

25. CALIFORNIA USERS AND RESIDENTS 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint  Assistance Unit of the Division of Consumer Services of the California Department of  Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,  California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

26. MISCELLANEOUS 

These Legal Terms and any policies or operating rules posted by us on the Services or in  respect to the Services constitute the entire agreement and understanding between you  and us. Our failure to exercise or enforce any right or provision of these Legal Terms  shall not operate as a waiver of such right or provision. These Legal Terms operate to  the fullest extent permissible by law. We may assign any or all of our rights and  obligations to others at any time. We shall not be responsible or liable for any loss,  damage, delay, or failure to act caused by any cause beyond our reasonable control. If  any provision or part of a provision of these Legal Terms is determined to be unlawful,  void, or unenforceable, that provision or part of the provision is deemed severable from  these Legal Terms and does not affect the validity and enforceability of any remaining  provisions. There is no joint venture, partnership, employment or agency relationship  created between you and us as a result of these Legal Terms or use of the Services. You  agree that these Legal Terms will not be construed against us by virtue of having drafted  them. You hereby waive any and all defenses you may have based on the electronic  form of these Legal Terms and the lack of signing by the parties hereto to execute these  Legal Terms. 

27. CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information  regarding use of the Services, please contact us at: 

Pavewise 

PO Box 472

Bismarck, ND 58502 

United States 

Phone: (US)(701) 426-7873 

support@pavewisepro.com

Section X: Product Rental Agreement

A. Agreement Overview: Pavewise offers Customers the opportunity to enter into a Product Rental Agreement, allowing for the evaluation and use of the Company’s GroundTruth and Hyperlocal Weather Stations (“Product”). By accepting and/or making payment for the demo equipment, the Customer agrees to be bound by the terms of this section as well as the overarching Terms and Conditions of this Agreement.

B. Proprietary Rights: The Customer acknowledges that the Product, including but not limited to all underlying technology, software, designs, and associated documentation, is the proprietary and confidential property of Pavewise. The Customer agrees not to assert any ownership rights, title, or interests in the Product or any reproductions or adaptations thereof. The Customer further agrees not to reverse engineer, disassemble, or decompile any portion of the Product, nor to use the Product for any purpose other than evaluation as specified in this Agreement. Any breach of this section will be considered a violation of the Company’s intellectual property rights and may subject the Customer to legal action and damages.

C. Responsibility for Damage: The Customer shall be responsible for any damages to the Product that exceed normal wear and tear. Upon the termination of the Product Rental Agreement, the Customer agrees to compensate the Company for the costs of labor and materials necessary to restore the Product to its original condition prior to usage. If replacement is required, the cost shall be $3,000 per unit.

D. Modifications to the Agreement: Any amendments or modifications to the Product Demo Agreement must be made in writing and signed by both parties.

E. Return of Product: At the end of the Product Rental Agreement term, the Customer must return the Product to the Company within 10 business days.