TERMS

Member Agreement

Last updated on April 15, 2020

Welcome to Pico. Pico Networks, Inc. (“Pico”) offers an online tool (“Pico Plugin”) that is integrated into the websites of certain communities (“Communities”). The Pico Plugin allows members to register for, sign up for emails and other membership programs from, and purchase access to certain premium (paid) content ("Content") provided by community websites (“Community Websites”) or make donations to those communities, in accordance with these Terms of Use and Pico's Privacy Policy (together, the “Terms of Use”). Your access and use of the Pico website, trypico.com (the “Site”), the Pico Plugin and any online services, applications and tools that Pico owns or controls (regardless of how you access or use them) and any products or services provided through the Site, the Pico Plugin or otherwise by Pico (collectively, the "Services”) are governed by these Terms of Use. In these Terms of Use, the term “you” or “yours” refers to the person using the Services, or in the case of the use of the Services by or on behalf of a minor, the terms refer to and include both (i) the parent or legal guardian who provides consent to the use of the Services by such minor or uses the Services on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the Services are being utilized.If you do not agree to these Terms of Use, do not register with or otherwise access or use the Services. By registering an online Pico account via the Pico Plugin (“Pico Account”), using the Services, or engaging in any transactions via the Services, you are agreeing to these Terms of Use, and you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use. You also agree and consent to Pico sending you disclosures, messages, notices, and other communications to your designated email account.

1. These Terms of Use May Change

Due to the evolving nature of the Services, Pico reserves the right to modify the terms in these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use will become effective when Pico posts the revised Terms of Use on the Site or Services. Your use of the Services following these changes indicates your acknowledgment and agreement to be bound by the revised Terms of Use. If you do not wish to be bound by any new or modified terms, you must cease all use of the Services. The date on which these Terms of Use were last updated is shown in the “Last Updated” legend on the top of this document.

2. Use of Services

We may share your Personal Information as required or permitted by law as follows:

2.1

You may only access and use the Services for your internal, personal and non-commercial purposes, and for no other purpose. These Terms of Use do not grant you any other rights in connection with the Services.

2.2

The Services are available only to members who have registered and have been granted Pico Accounts in accordance with the tools made available on the Pico Plugin. By clicking on the “Log In” or other similar icon you will automatically be registered with a Pico Account through your existing social media account corresponding to the icon that you selected unless you opt to register via email or phone number.

2.3

Without limiting anything else in these Terms of Use, when accessing or using the Services you shall not and shall not assist or permit any person to:

(a)

engage in or authorize any activity that you know or reasonably should know is an unlawful, unauthorized, fraudulent or malicious activity;

(b)

disrupt, interfere with, disable, impair, overburden, violate the security of, or attempt to gain unauthorized access to, the Services or any computing device or computer network;

(c)

probe, scan, test the vulnerability of, or circumvent any technological measure or authentication measures to protect the Services;

(d)

upload, transmit, distribute, or run any computer virus, worm, trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device or property;

(e)

run Maillist, Listserv, or any form of auto-responder or “spam” via the Services;

(f)

attempt, in any manner, to gain unauthorized access to any other Pico Accounts;

(g)

access, use or modify any data, information, or other materials not intentionally made available or accessible to you by Pico;

(h)

manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology;

(i)

use any robot, spider, scraper, or other automated or manual means to access the Services, Content, or any Community Website, or copy any Content or information from the Services or Community Website;

(j)

create more than one Pico account (and if Pico disables your account, you may not create another one without Pico's written permission);

(k)

license, sublicense, assign, convey or transfer any rights granted hereunder;

(l)

publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise exploit the Services or Content;

(m)

copy, reproduce, modify, create derivative works of, translate, adapt, disassemble, reverse engineer, decompile, reverse compile or create compilations of the Services;

(n)

use the Services or Content in any manner that may infringe any intellectual property rights, rights of privacy or other rights of any third party;

(o)

use the Services for any service bureau, time-sharing, resale or similar purposes;

(p)

remove, obscure, or alter any trademark or intellectual property rights notices on or related to the Services; or

(q)

access or use the Services for any purpose other than as expressly permitted under this Agreement.

2.4

If you access or use, or provide any other individual or entity with access, to any part of the Services in breach of these Terms of Use, your right to use the Services will terminate immediately. If a Community informs us of your violation or breach of the Community terms of use or unauthorized use of Content, Pico reserves the right to terminate your Pico Account immediately. Pico also reserves the right to terminate your authorization to use any products or services available on or through the Services, including access to any Content and to delete any one or more of your related Pico Accounts immediately and at any time if you breach or threaten to breach these Terms of Use. Pico further reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing. You will immediately notify Pico of any unauthorized use of your Pico Account or any other breach of security that you become aware of involving or relating to the Services by emailing Pico at [email protected].

2.5

You will be responsible for all costs and expenses associated with using the Services or subscribing for Content, including ensuring that you have the necessary and compatible technology, hardware, systems and software to use the Services as directed by Pico.

3. Purchases Through Your Pico Account

3.1

Once you have registered a Pico Account, you may purchase access to certain premium content made available by Communities according to terms and conditions set out by such Communities. Some Content may be available on a one-time, monthly, or annual subscription basis. In most instances, fees for Content are not refundable. Check with the specific Network Provider for more details related to the specific Content before you subscribe. Unless otherwise noted, subscriptions or memberships are not transferable and you shall not transfer, sell or assign or attempt to transfer, sell or assign any good or service purchased via Pico to any third party.

3.2

Subject to Section ‎8.2, unless otherwise noted, any purchase of Content, including one-time and recurring subscriptions, made from a Community through your Pico Account is non-refundable and final. To the extent permitted by applicable law, you waive any right to a refund once your purchase is complete. Your purchase is complete once you have confirmed your purchase at the end of the order process.

3.3

Communities may set their own prices for goods, services, and Content accessible through the Services and such prices may change from time to time. Pico reserves the right to modify the prices of Content available through your Pico Account on notice to you.

4. Payments and Donations

4.1

Pico Account holders have the option to purchase goods, services, or subscription Content from Communities or make Donations (as defined below) any time via a third-party payment processor through a user’s Pico Account (the “Payment Services”). Pico Account holders agree to be subject to and abide by the terms and conditions of the third-party payment processor. You agree to keep your payment information associated with your Pico Account up-to-date. You also agree that you are responsible for all fees for Services and Content requested through your Pico Account. If Pico or its third-party processor is unable to process your transaction in a timely manner, Pico reserves the right to revoke access to the Content. [You may change or update your payment information at any time through your Pico Account settings.]

4.2

The fees payable by you vary depending on the specific Content selected by you. Some subscriptions may be available on a one-time, monthly, or annual basis. Please check the specific Community information for more details before you subscribe to specific Content. If you select Content with a recurring subscription fee your Pico Account will be charged such subscription fees until the earlier to occur of (i) expiration of the subscription or (ii) termination of your Pico Account in accordance with these Terms of Use.

4.3

Pico also allows members to make donations to a Community via the Pico Plugin (“Donation”). By making a Donation you agree to allow Pico to collect a service fee in consideration for using the Pico Plugin (the “Service Fee”). Pico reserves the right to change the Service Fee at any time. You understand that any Donation you make is being made to the designated Community via the Pico Plugin. Deduction of charitable and other nonprofit contributions is governed by Internal Revenue Service rules. You and the Community to which you are providing a Donation are entirely responsible for compliance with all laws and legal obligations regarding charitable donations and receipts or other rules on such transfers. Pico makes no representations as to your legal rights or obligations or as to whether all or any portion of your Donations are tax deductible. Pico will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you. You should not rely on Pico for legal advice. Pico recommends that you consult with legal counsel if you have any questions regarding your Donations. Pico CANNOT confirm the Section 501(c)(3) or 501(c)(4) or other legal status, or the truthfulness of any other representations or statements, of any Community or its content. Pico may seek confirmation that a Community is a legally recognized person or entity, but Pico is not required to undertake any such investigation or to make any other inquiries as to the actions or status of any Community. In the event that your contribution is not used by a Community as represented, or otherwise pursuant to your understanding or expectations, you understand that remedies may not be pursued or obtained from Pico.

4.4

Because of occasional failures of some credit cards and/or bank account withdrawals, Pico cannot guarantee that Pico or the Community will receive your payment or Donation. Pico is not responsible for the policies of any Payment Services, including for withdrawing funds from your account. Pico reserves the right to use other methods of payment aside from any Payment Services. Due to Pico’s reliance on third party payment processors in providing you the Payment Services, Pico is not responsible for the ultimate success or failure of any payment or Donation.

4.5

You are responsible for all taxes that you incur in connection with your use of the Services, including, without limitation, your purchase of any Content, good, or service via Pico. You agree that Pico may include additional charges for all sales taxes and any other applicable charges depending on the applicable laws, rules and regulations with any payment made in connection with and/or the Services.

5. Third-Party Services

5.1

Your access or use of the Services may involve interaction or use of third party services, websites, information, advertising, products, content, data, tools, materials, software, intellectual property rights, or other tangible or intangible items owned or controlled by third parties, such as third party social media providers who provide you a means to create a Pico Account, third party payment processors who process your purchase of Services and Donations, and Communities who provide you with Content which you may access using Pico (“Third-Party Services”). The Services may also contain links to or have features that are hosted by Third Party Services.

5.2

These Terms of Use do not address the policies or practices of the providers, owners or controllers of the Third Party Services (“Third-Party Providers”) and do not grant you any rights in or to any Third Party Services. Your use and access of any Third Party Services and the provision of the Third Party Services to you are governed by your separate agreement with such Third Party Provider (including their online terms and privacy policies), and not these Terms of Use. You are responsible for making the necessary or appropriate investigations before using or accessing any such Third Party Services. Consequently, you should review the terms and conditions governing the Third Party Services before using the Third Party Services, and you are solely responsible for complying with those terms and conditions. You should contact the Third Party Providers directly if you have any questions about their terms and conditions or Third Party Services.

5.3

To the extent permitted by applicable law, you agree that Pico shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third Party Services or your interactions with the Third Party Providers. Pico does not approve, monitor, review, control or endorse, or make any representations, guarantees or warranties with respect to, any Third Party Services. Pico’s warranties, obligations and liabilities and your remedies with respect to any Third Party Services or any other materials, tangible or intangible, provided by a third party in connection with these Terms of Service will be limited to whatever recourse may be available against the Third Party Provider.

5.4

Pico acts solely as a technology platform to provide you with a means to access Content of Pico’s Communities. You acknowledge and agree that Pico is not a content provider or social media provider.

5.5

Pico reserves the right to add, modify or discontinue any Third Party Services made available via the Services at any time without prior notice to you.

6. Ownership

6.1

Subject to the rights expressly granted by Pico to you under this Agreement, Pico or its licensors exclusively own all rights, title and interest in and to the Pico Plugin and Services, including all intellectual property rights therein.

6.2

Pico will be free to use its general knowledge, skills and experience, and any ideas, concepts, know-how, methodologies, and techniques that it acquires or uses in the course of providing the Services for any purpose. In addition, you may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to Pico concerning the Services or other products, services, technology, techniques, processes or materials (“Feedback”). All Feedback and any other content, idea, design, drawing, information, communication, document, or other material submitted or transmitted to Pico (“Submitted Information”) becomes the sole property of Pico. Pico may freely use, copy, disclose, license, distribute and otherwise exploit such Submitted Information in any manner, including in connection with any of its products and/or services, without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.

7. Children

The Services are not intended for direct use by children under 13 years of age under any circumstances. In order to use the Services, you must be at least 18 years of age. If you are between the ages of 13 and 18, you may still use the Services, but you must have a parent or legal guardian provide valid and verifiable consent to your use of the Services and accept these Terms of Use and acknowledge Pico’s Privacy Policy, in each case as required by the Services or as otherwise required by Pico from time to time. If you are under the age of 13, the Services may still be utilized by your parent or legal guardian on your behalf, but you may not use the Services directly. If Pico determines at any time that a child under the age of 13 has created a Pico Account through the Services, Pico may terminate such child’s Pico Account and remove all information regarding such child from Pico’s systems. By using the Services, you are representing and warranting to Pico that you satisfy at least one of the following: (a) you are at least 18 years of age, (b) you are at least 13 years of age and your parent or legal guardian has provided Pico with valid and verifiable consent to your use of the Services, and (c) you are the parent or legal guardian of a minor child and are using the Services on such minor child’s behalf with full capacity and legal authority to do so. Pico’s Services are subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

8. Term and Termination; Changes to and Discontinuation of the Services

8.1

Your Pico Account will remain in effect until cancelled by you or terminated by Pico in accordance with these Terms of Use. Unless your Pico Account or subscription Content is cancelled before the end of the billing cycle (as determined by the specific Content to which you are subscribed), your access to such Content will renew and you will be charged the fees associated with such Content. Pico reserves the right to suspend, revoke, terminate, discontinue or otherwise cancel your Pico Account or use of the Services at any time and for any reason without prior notice to you. Pico also reserves the right to suspend, revoke, terminate, discontinue or otherwise cancel your access to Content and your Pico Account if any Community informs Pico of any violation of such Community’s terms of use or unauthorized use of Content by your or any persons using your Pico Account. These Terms of Use will remain in full force and effect until such time as Pico terminates these Terms of Use, terminates or cancels your Pico Account or discontinues your access to Content or the Services (any of which constitutes a “Termination”).

8.2

Upon a Termination as set forth in Section 8.1, your right to access Content and use the Services will automatically terminate and Pico may delete any or all information related to your Pico Account. In the event of a Termination for a reason other than your breach of these Terms of Use, your Pico Account and access to any Content or Services will remain in effect until the end of the billing cycle at which time access to your Pico Account, the Services, and Content will be revoked. If your Pico Account is terminated as a result of your breach of these Terms of Use or the terms of use of any Community, access to your Pico Account will be immediately revoked and no refund shall be issued for any pre-paid Content or Services.

8.3

Sections ‎1, ‎6, ‎7 and ‎9 to ‎15 (inclusive) will survive any Termination. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after Termination, Pico is entitled to recover damages, costs, and attorneys’ fees incurred by it as a result thereof.

8.4

Except as otherwise provided in the Privacy Policy or as required by applicable law, Pico has no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any content, any information you provide to Pico or any other information that Pico may have that relates to you.

9. Indemnification

You will defend, indemnify and hold harmless Pico, its affiliates, officers, directors, agents, representatives, and employees from any claim, suit, or demand (including legal fees) that is based on or arising out of your: (a) breach of these Terms of Use, (b) violation of any third party’s rights, including without limitation any intellectual property, or privacy rights, (c) access to, use, or misuse of the Services, or (d) other actions or omissions resulting in liability or loss to Pico. Pico will promptly notify you in writing of a claim or suit and provide reasonable cooperation (at your expense) and full authority to defend the claim or suit. You may not settle any claims which relate to or otherwise impact Pico without Pico’s written consent which may be withheld in its sole discretion.

10. Disclaimers

10.1

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH ALL FAULTS AND ERRORS. ANY ACCESS TO OR USE OF THE SERVICES ARE VOLUNTARY AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

10.2

YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. PICO DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, DISRUPTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION OR ADVERSE INCIDENT, AND PICO DISCLAIMS ANY LIABILITY RELATING THERETO.

11. Limitation of Liability

11.1

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICO, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, LOST PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SERVICES OR THE SERVICES OR CONTENT MADE AVAILABLE BY THE COMMUNITIES, SECURITY BREACHES, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SERVICES OR BY FAILURES OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

11.2

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PICO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO PICO FOR SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

11.3

Pico shall be free from any claim, liability or responsibility pursuant to these Terms of Use for failure to perform or delay in performing any obligation where such failure is due to any event beyond Pico’s reasonable control, including but not limited to any natural or environmental disaster, power outage, war, terrorism, accident, government law or regulation or requirement or any other cause beyond the control of Pico.

11.4

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Pico and you.

12. Governing Law; Disputes

12.1

Pico is the owner of the Services and is based in the State of New York in the United States. Pico makes no claims that Pico’s Services are available or appropriate for use outside of the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. You may not use or export or re-export the Services or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

12.2

You expressly agree that the Terms of Use and any dispute, claim, action, cause of action, issue, or request for relief between you and Pico arising out of or relating to Pico; the Services; any payment or Donation through the Pico Account; or any content accessed through the Pico Account; and these Terms of Use (collectively “Disputes”) will be governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Subject to Section ‎14, you and Pico irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Kings County, State of New York, for all Disputes that are heard in court.

12.3

Our priority is to learn about and address any of your concerns related to the Services. You agree that you will first notify Pico about any Dispute you have with Pico regarding these Terms of Use or Pico’s Services by contacting Pico at [email protected]. Once Pico receives your notice, Pico will try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after your submission, you or Pico may bring a formal proceeding as provided in Section ‎12.4 below.

12.4

You and Pico agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Except for the remedies listed in Section ‎12.5, arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and Pico. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Brooklyn, New York. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and Pico shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Pico shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.

12.5

Notwithstanding the above, without limiting any other remedies that may be available to Pico, if a Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, Pico may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of New York. A bond of no greater than $2,000 shall be sufficient to seek an injunction.

13. Limitation on Disputes

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

14. General

14.1

These Terms of Use, which include Pico’s Privacy Policy, and any other agreements or terms that Pico may post on the Services, constitute the entire agreement between you and Pico in relation to the Services and supersede any prior agreements between you and Pico regarding the Services, including prior versions of these Terms of Use. These Terms of Use may be assigned by Pico at any time as a matter of law.

14.2

All parts of these Terms of Use apply to the maximum extent permitted by applicable law. Pico’s failure to enforce any provision of these Terms of Use will not constitute a waiver of such right. If a part of this Agreement as written cannot be enforced, then that part will be replaced with terms that most closely match the intent of the parties to the extent permitted by applicable law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions.

14.3

The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. The words “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms of Use.

14.4

Neither these Terms of Use nor the Services create any partnership, joint venture, employment, or other agency relationship between Pico and you. You may not enter into any contract on Pico’s behalf or bind Pico in any way.

14.5

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Pico may, in its sole discretion, transfer, delegate, subcontract or assign, without notifying you, any rights or obligations under these Terms of Use.

14.6

These Terms of Use are for the benefit of Pico and you only, and only Pico and you may enforce it. The parties do not intend for these Terms of Use to confer any right or benefit on any third party. No third party may commence or prosecute an action against a party to these Terms of Use claiming to be a third-party beneficiary of these Terms of Use or any of the transactions contemplated in these Terms of Use.

If you have any questions or concerns about these Terms of Use, please contact Pico at [email protected].