Terms and Conditions

Last Modified: April 18, 2024

These terms of use are entered into by and between You and Riggys.com, LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of riggys.com, including any content, functionality, and services offered on or through riggys.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://riggys.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions (collectively “United States”). By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

● Making all arrangements necessary for you to have access to the Website.

● Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://riggys.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

● You may store files that are automatically cached by your Web browser for display enhancement purposes.

● You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal,

non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

● If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

● Modify copies of any materials from this site.

● Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks
The Company name, the terms Riggys.com, Riggy’s, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent – which may be in the form of an e-mail message, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

● To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

● Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

● Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

● Use any device, software, or routine that interferes with the proper working of the Website.

● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

● Otherwise attempt to interfere with the proper working of the Website.

Copyright Infringement
Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

● Your physical or electronic signature.

● Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

● Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

● Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

● A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

● A statement that the information in the written notice is accurate.

● A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

● Our designated copyright agent to receive DMCA Notices is:

Copyright Agent Riggy’s 2105 Taft St, Houston TX
e-mail: [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy https://riggys.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods or services, made through the Website, or resulting from visits made by you, are governed by these Terms of Sale.

Trucker Terms

Application. These Trucker Terms apply to any person who drives vehicles and seeks a place to park that vehicle for a period of time (“Trucker”).

Searching. If you are a Trucker, you can search for a parking listing (“Listing”) by using criteria such as destination, dates, and parking area size. We may also make filters available to refine any search results.

Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, and any applicable fees including truckbays.com’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Cost”). You are also agreeing that truckbays.com may charge your selected payment method used to book the Listing in order to collect such amounts. When you receive the booking confirmation, a contract for parking area services (a “Reservation”) is formed directly between you and the parking area lister (“Host”). In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.

Listing Reservations. A Listing Reservation is a limited license to enter, occupy, and use the Listing. The Host retains the right to re-enter the Listing during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past your departure time, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.

Cancellations and Refunds. If you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. If the Host cancels, you may be eligible for a partial or full refund. Different policies may apply to different Listings.

Cancellation Policy. Month-to-Month Membership can be cancelled at anytime via a phone call to (281) 296-3714 or email to [email protected]. The cancellation request must be at least 24 hours before the next recurring payment. This applies to all Reservations.

Reservation Changes. Truckers and Hosts are responsible for any reservation changes they agree to make via the riggys.com platform and agree to pay any additional amounts, fees, or taxes associated with any such Reservation changes.

Trucker Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join you or provide access your vehicle. You are responsible for leaving a parking area in the condition it was in when you arrived. You are responsible for paying all reasonable amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a parking area and/or to any third-party property located on or about the parking area. You must comply with applicable laws at all times.

Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the riggys.com platform, including your stay at any parking area, or any other interaction you have with other riggys.com members whether in person or online. It is your responsibility to investigate a Listing to determine whether it is suitable for you and your vehicle. Accordingly, you freely and willfully assume all risks by choosing to use our website and services.

Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

● Link from your own or certain third-party websites to certain content on this Website.

● Send emails or other communications with certain content, or links to certain content, on this Website.

● Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

● Establish a link from any website that is not owned by you.

● Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

● Link to any part of the Website other than the homepage.

● Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, HOST, OR THEIR RESPECTIVE AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH PROPERTY DAMAGE, THEFTS, INJURY, OR OTHER LOSSES SUFFERED WHILE PARKING AT A LOCATION, LISTED, RESERVED, OR PROCURED THROUGH THE WEBSITE, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY

WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, Host, and their respective affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be

eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use, and our Privacy Policy, constitute the sole and entire agreement between you and Riggy’s regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns
This website is operated by Riggy’s 2105 Taft St, Houston TX 77006.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].

SCHEDULE 1 RIGGYS.COM SERVICES AGREEMENT

THIS RIGGYS.COM, LLC SERVICES AGREEMENT (this “Agreement”), is
made and entered into as of (the “Effective Date”) by and between Riggys.com, LLC, a Texas limited liability company (Riggys.com”) and

(“Host” and, together with Riggys.com, the “Parties” and each, a “Party”).

RECITALS:

WHEREAS, Riggys.com has the capability and capacity to provide certain parking-related services, as more particularly described in this Agreement; and

WHEREAS, Host owns or is otherwise authorized to use that certain real property being more particularly described on Schedule 1, attached hereto and made a part hereof, (the “Parking Area”) for the purposes contemplated in this Agreement, including utilizing said real property for providing such space suitable for the parking of vehicles, such as, semi-trucks and trailers; and

WHEREAS, Host desires to retain Riggys.com to provide certain parking-related services with respect to the Parking Area, as provided in this Agreement.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, riggys.com and Host agree as follows:

1. Riggys.com Obligations. riggys.com shall provide to Host the services set forth on Schedule 2, attached hereto and made a part hereof, (the “Services”), which Services may be modified or amended only upon written agreement of riggys.com and Host. In connection with its performance of the Services, riggys.com shall designate such employees and contractors that riggys.com determines, in its sole discretion, to be capable of filling the following positions:

a. A primary contact to act as riggys.com’s authorized representative with respect to all matters pertaining to this Agreement (the “riggys.com Contract Manager”), which riggys.com Contract Manager shall initially be David Olson whose contact information is as follows: email: [email protected].

b. One or more persons, as deemed by riggys.com, in its sole discretion, sufficient to perform the Services (such persons, collectively with the riggys.com Contract Manager, the “riggys.com Representatives”).

2. Limited Warranty and Limitation of Liability.

a. Riggys.com hereby warrants that it shall perform the Services: (i) in accordance with the terms and subject to the conditions set out on Schedule 2 to this Agreement, (ii) using riggys.com Representatives of commercially reasonable skill, experience and qualifications; and (iii) in a timely, workmanlike and professional manner in accordance with generally recognized industry standards for similar services.

b. Riggys.com’s sole and exclusive liability and Host’s sole and exclusive remedy for breach under this Agreement shall be as follows. riggys.com shall use reasonable commercial efforts to promptly cure any such breach; provided that, if riggys.com cannot cure such breach within a reasonable time (but no more than 30 days) after Host’s written notice of such breach, Host may, at its option, terminate this Agreement by serving written notice of termination in accordance with Section 9(b)(i).

c. Riggys.com MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 6(a) ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

7. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, domains, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to Host under this Agreement or prepared by or on behalf of riggys.com in the course of performing the Services (collectively, the “Deliverables”) shall be owned exclusively by riggys.com. Subject to Trucker’s revocation, riggys.com hereby grants Host a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis, solely to the extent necessary to enable Host to make reasonable use of the Deliverables and the Services.
8. Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” or if disclosed orally, is identified as confidential when disclosed and within five days thereafter, is summarized in writing and confirmed as confidential (”Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section 8; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using

any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would use to protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. For purposes of this Section 8 and Section 9.4 only, Receiving Party’s Group shall mean the Receiving Party’s affiliates and its or their employees, officers, directors, shareholders, partners, members, managers, agents, independent contractors, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.

9. Term, Termination and Survival.

a. This Agreement shall commence as of the Effective Date and shall continue thereafter until terminated pursuant to Section 9(b) or Section 9(c) (the “Term”).

b. Either Party may terminate this Agreement effective upon fourteen (14) calendar days’ written notice to the other Party. In addition, either Party may terminate this Agreement, effective upon notice to the other Party (the “Defaulting Party”), if the Defaulting Party:

i. Breaches this Agreement, and such breach is incapable of cure, or with respect to a breach capable of cure, the Defaulting Party does not cure such breach within thirty (30) days after receipt of written notice of such breach.

ii. Becomes insolvent or admits its inability to pay its debts generally as they become due.

iii. Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven days or is not dismissed or vacated within 45 days after filing.

iv. Is dissolved or liquidated or takes any corporate or limited liability company action for such purpose.

v. Makes a general assignment for the benefit of creditors.

vi. Has a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

c. Notwithstanding anything to the contrary in Section 9(b)(i), riggys.com may terminate this Agreement before the expiration of the Term on written notice to Host if Host fails to pay any amount when due hereunder more than twice in any six-month period.

d. The rights and obligations of the Parties set forth in this Section 9(d) and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, including, but not limited to Host’s obligation to pay amounts due to

riggys.com under this Agreement, and the non-compete provisions of Section 2e of this Agreement, will survive any such termination or expiration of this Agreement.

10. Indemnification; Limitation of Liability.

a. Host hereby agrees to defend, indemnify and hold harmless riggys.com, its affiliates, and their respective officers, directors, managers, employees and agents (“riggys.com Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising out of or in connection with this Agreement and riggys.com’s provision of Services hereunder; provided that, notwithstanding the foregoing, Host shall not be obligated to defend, indemnify or hold harmless any riggys.com Indemnitee for grossly negligent or intentionally wrongful conduct of such riggys.com Indemnitee that has been proven in a court of law.

b. Host acknowledges that when Host agrees to a reservation with a Trucker, Host is voluntarily granting such Trucker access to the Parking Area. Host hereby acknowledges and agrees that riggys.com is not responsible for any damage or loss to property or person that may occur while Truckers are at the Parking Area or otherwise on any premises owned or controlled by Host. All parking transactions are entered into at Host’s own risk. riggys.com cannot and does not guarantee in any way the security or safety of the Parking Area or any other portion of any premises owned or controlled by Host. It is Host’s responsibility to ensure that Host’s property is properly secured. If Host’s property is damaged by a Trucker, Host agree to first attempt to resolve the matter directly with such Trucker. If the matter cannot be resolved through direct contact with the Trucker, Host must contact the riggys.com Contract manager within 24 hours of the end of the applicable reservation. riggys.com shall review the case and offer such recourse as riggys.com, in its sole discretion, deems necessary. riggys.com does not and shall not be required to provide any insurance coverage to or for the benefit of Host at any time. Host is solely responsible for obtaining insurance coverage necessary or appropriate in connection with the rental of property for use by others.

c. Host agrees that riggys.com shall not be liable to Host in any manner whatsoever for any loss suffered by Host in any proceeding brought by any governmental or any other relevant public authority or the taking of any other action of any such authority against Host as a result of the listing of the Parking Area on the Website.

d. IN NO EVENT SHALL riggys.com BE LIABLE TO HOST OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT riggys.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE

e. IN NO EVENT SHALL riggys.com’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO riggys.com IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

f. Host acknowledges that use of Host’s Parking Spaces by Truckers carries inherent risks and agrees that Host assume the entire risk arising out of Host’s access to and use of the riggys.com website and app, offering Parking Spaces to Truckers, or any interaction Host may have with one or more Truckers. Host agrees that Host has had the opportunity to investigate the riggys.com website and app, the Parking Area, or any of riggys.com platforms and that Host is not relying upon any statement of law made by riggys.com.

11. Entire Agreement. This Agreement, including exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
12. Notices. In connection with the execution of this Agreement, riggys.com shall provide to Host appropriate contact information for the riggys.com Contract Representative and Host shall provide to riggys.com appropriate contact information for the Host Contract Representative. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other Party’s designated representative using the contact information provided (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 12.
13. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
15. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
16. Assignment; Successors and Assigns. Host shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement, including by virtue of any merger or corporate reorganization, which will be a deemed assignment, without the prior written consent of riggys.com. Any purported assignment or delegation in violation of this Section 16 shall be null and void. No assignment or delegation shall relieve the Host of any of its obligations under this Agreement. riggys.com may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of riggys.com’s assets without Host’s consent. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
17. Relationship of the Parties. The relationship between the Parties is that of independent contractors. The details of the method and manner for performance of the Services by riggys.com shall be under its own control, Host being interested only in the results thereof. riggys.com shall be solely responsible for supervising, controlling and directing the details and manner of the completion of the Services. Nothing in this Agreement shall give Host the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. Except as otherwise expressly provided, nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
18. Choice of Law. This Agreement and all related documents including all schedules attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.
19. Choice of Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, in any forum other than the United States District Court for the Middle District Court of Texas or the courts of the State of Texas and any appellate court thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the United States District Court for the Middle District Court of Texas or the courts of the State of Texas. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
20. Counterparts. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.

IN WITNESS WHEREOF, each of the undersigned Parties has executed this riggys.com Services Agreement effective as of the Effective Date.

riggys.com:
riggys.com LLC

By: Name: David Olson
Its: Co-founder, Director of Operations

HOST:
Entity Name

By: Name Its:
SCHEDULE 1

Parking Area
SCHEDULE 2

Host
Address:

Host Contract Manager:
Email:

Services: Riggys.com, LLC will provide website and app-based services for advertising and selling the Host’s identified Parking Spaces1. riggys.com’s Website allows the Host to manage and sell truck parking spaces to the public. riggys.com will also provide the initial setup services as detailed below under “Setup Services,” and the ongoing services as listed in “Ongoing Services.” riggys.com is not responsible for the Parking Area, including, without limitation, maintenance and upkeep of the Host’s Parking Spaces, safety, security, and compliance with local governmental regulations. riggys.com will also handle customer service requests.

Setup Services

● Designing and ordering of physical signage for parking spots (as needed as determined in riggys.com’s sole discretion)

● Managing signage installation (as needed as determined in riggys.com’s sole discretion)

● Creation of parking spot listing on website and app

● Host Training (if necessary as determined in riggys.com’s sole discretion)

Ongoing Services

● Advertise Host’s Parking Spaces

● Provide an online dashboard for Host to track earnings and utilization.

● Provide Technical Support to Host and/or Truckers via telephone and electronic mail on weekdays during the hours of 9:00 am through 5:00 pm EST time. During non-business hours, riggys.com will respond within 24 hours of any request.

1 Capitalized terms used herein shall have the meaning ascribed to such terms as set forth in that certain riggys.com Services Agreement between riggys.com LLC and Host to which this Exhibit B is attached and made a part of.