tcktpass, Inc helps consumers manage and resolve parking tickets, registration fines, and moving violations at the New Jersey Courts Online Portal (“The State Portal”), The Washington, DC Department of Motor vehicles (DMV), and New York City CityPay (“The City Portal”). The City of New York includes the Bronx, Brooklyn, Manhattan, Staten Island and Queens. The following Terms of Service outline your obligations when using the TCKTPASS websites, mobile applications, and services.

1. ACCEPTANCE OF TERMS. The TCKTPASS website available at www.tcktpass.com, the TCKTPASS mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, (collectively, the “Sites and Services”) are owned and operated by TCKTPASS and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

2. MODIFICATIONS OF TERMS OF USE. TCKTPASS may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide TCKTPASS notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITES AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3. USE OF THE SITES AND SERVICES. Subject to full compliance with these Terms of Use, TCKTPASS grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of TCKTPASS. TCKTPASS may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. TCKTPASS shall not be liable to any user or other third party for any such modification, update, suspension, or discontinuance.

4. USER CONDUCT. As a condition of your access and use of the Sites and Services and your submission or access to any communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TCKTPASS. By way of example, and not as a limitation, you agree not to:

(a) violate these Terms of Use, other applicable agreements with TCKTPASS, and any applicable local, state, national, or international law, and any rules and regulations having the force of law;

(b) use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;

(c) use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

(d) reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of TCKTPASS, which consent may be withheld by TCKTPASS in our sole discretion;

(e) post irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;

(f) falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with TCKTPASS, or otherwise attempt to mislead others as to the identity of the sender or the origin;

(g) knowingly provide or submit false or misleading information;

(h) use the Sites and Services if you are under the age of sixteen (16);

(i) use the Sites and Services in any way that could interfere with the rights of TCKTPASS or the rights of other users of the Sites and Services;

(j) attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by TCKTPASS by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;

(k) sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;

(l) modify, enhance, or expand upon the Sites and Services;

(m) transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Sites and Services;

(n) use or attempt to use SQL injections or queries;

(o) access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or

(p) probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of TCKTPASS, including any TCKTPASS account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by TCKTPASS and provided for by the Sites and Services.

5. REGISTRATION INFORMATION. We require that you create an account to use or access certain parts of the Sites and Services and use certain products and features (the “Account”). We require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide TCKTPASS with true, accurate, current, and complete information as prompted by the TCKTPASS’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial, or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

6. TCKTPASS’S SERVICES. When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. All uses of the terms “tckt” and “tckts” are to refer to traffic and parking tickets issued by a city or the state of New Jersey, Washington DC (District of Columbia) or the City of New York.

A. Purpose You can use your Account to pay for parking tickets, registration fines, and moving violations at the New Jersey Courts Online Portal, The Washington, DC Department of Motor vehicles(DMV) and the New York City CityPay. You agree to appoint TCKTPASS as your representative and/or agent for the purpose of paying such fines and fees and that TCKTPASS may take any action reasonably necessary, including contacting state and municipal employees on your behalf, to accomplish this purpose. You can access your prior transactions and review your recent account history through your Account on the Sites and Services. To pay a ticket on TCKTPASS is to agree to plead guilty to the offense, where applicable. You cannot pay tickets on TCKTPASS that require a court appearance. If a ticket that requires a court appearance is available for payment on TCKTPASS, and you pay the ticket, you will be refunded the full amount and notified of the error by email. TCKTPASS can only pay tickets in accordance with the State or City Portal’s operating hours (see the State or City Portal for “online payment hours”). However, TCKTPASS can collect payment for tickets at any time. When payment is submitted outside of the State or City Portal’s operating hours, TCKTPASS will pay the respective ticket at the earliest available opportunity.

B. Use of Account, Password, and your Cell Phone When you open an Account, you will be asked to enter a confidential password to securely access your Account. You will also provide us with the number of the phone you will use to access the Account. The Account and password are for your use and protection. You agree: - Not to disclose the password and not to record it on your phone or otherwise make it available to anyone else. - To use the Account, the password, and your phone as instructed. - To promptly notify us of any loss, unauthorized use, or theft of your Account or password. - To be liable for any transactions made by a person you authorize or permit to use your Account and/or password. If you permit someone else to use the Account, we will treat this as if you have authorized this person to use the Account and you will be responsible for any transactions initiated by such person with the Account.

C. Correspondence In registering for TCKTPASS, you agree to receive text messages from TCKTPASS. The only text message correspondence is for initial onboarding to verify your phone number. All of the following text, email, and push notifications are optional, and their respective frequencies can be changed at any time in the TCKTPASS application: - Notification of a new ticket - Reminder to pay a ticket - Notification that a ticket has turned late

7. PAYMENT.

(a) Prices & Charges. Your use of the Services may result in charges to you for the amount due for outstanding parking tickets, registration fines, and moving violations and applicable fees (“Charges”). Upon receipt of funds, TCKTPASS will submit payment of the applicable Charges which will include applicable taxes where required by law. Charges may include other applicable fees such as service fees, cancellation fees, government-mandated fees, and/or surcharges. There also may be certain Charges you incur that will be owed and paid directly to TCKTPASS or its affiliates. For the avoidance of doubt, TCKTPASS does not charge a fee for you to access the Sites and Services but may charge you a fee or any other Charge relating to services rendered through your access of the Sites and Services. All Charges and payments will be enabled by TCKTPASS using the preferred payment method designated in your Account, after which you will receive a receipt in your account and via email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that TCKTPASS may use another available payment method in your Account. As between you and TCKTPASS, TCKTPASS reserves the right to establish or adjust Charges for any or all services obtained through the use of the Sites and Services at any time. TCKTPASS will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

(b) Refunds. Charges paid by you are final and non-refundable, unless otherwise determined by TCKTPASS. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please contact help@tcktpass.com to initiate such requests within 30 days after the Charge took place or TCKTPASS will have no further responsibility and you waive your right to later dispute the amounts charged.

(c) Promotional Offers. Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services obtained through the use of the Sites and Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Sites and Services or the Charges applied to you. Promotional offers and discounts have no cash value and are subject to change or withdrawal at any time and without notice.

(d) Verification of Charges Details of your Charges will be available in real time in your Account. You agree that we may provide you periodic statements and any other notices related to the Sites and Services electronically via your Account. Statements provided electronically will describe each Charge during the statement period. Your statement will be available to you in electronic format for viewing and printing online. You may review your recent Charges history in your Account at any time.

8. SUBMITTING CONTENT. As a condition of submitting any Content or other materials to the Sites or Services, you agree that:

(a) you grant to TCKTPASS a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such Content into other works;

(b) you grant to TCKTPASS all rights necessary to publish or refrain from publishing your name and address in connection with your Content, sublicense the Content through multiple tiers, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;

(c) you grant to TCKTPASS all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;

(d) you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, TCKTPASS, and others as described and otherwise contemplated in these Terms of Use; and

(e) you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.

9. PUBLICATION AND DISTRIBUTION OF CONTENT. TCKTPASS does not guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted to or through the Sites and Services. You agree that TCKTPASS may establish general practices, policies, and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that TCKTPASS has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that TCKTPASS has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. TERMINATION. TCKTPASS may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that TCKTPASS reserves the right to take action -- technical, legal, or otherwise -- to block, nullify, or deny your ability to access the Sites and Services. You understand that TCKTPASS may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to TCKTPASS. All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

11. TRADEMARKS AND COPYRIGHTS. TCKTPASS, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of TCKTPASS in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of TCKTPASS and/or its licensors and are protected by all United States and international copyright laws.

12. NOTICES. You agree that TCKTPASS may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to TCKTPASS will be provided by sending a letter, first class certified mail, to 651 N. Broad St., Suite 201 Middletown DE 19709. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), TCKTPASS will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

TCKTPASS
Attn: Designated Agent
651 N. Broad St., Suite 201
Middletown DE 19709
Email: help@tcktpass.com

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;

(c) 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;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TCKTPASS will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

13. DELAYS AND ACCESSIBILITY. The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the internet and electronic communications. Furthermore, third-party sites, such as the New Jersey Courts Online Portal, The Washington, DC Department of Motor vehicles(DMV) and the New York City CityPay, may be subject to similar problems inherent in the use of the internet and electronic communications. TCKTPASS is not responsible for any delays, failures, or other damage resulting from such problems.

14. USER FEEDBACK. TCKTPASS appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, or other information (collectively, the “Submissions”), such Submissions will be the property of TCKTPASS. In addition, none of the Submissions will be subject to any obligations of confidentiality and TCKTPASS will not be liable for any future use or disclosure of such Submissions.

15. WARRANTIES AND DISCLAIMERS. You acknowledge that TCKTPASS has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the Content on or in connection with the Sites and Services may have on you; how you may interpret or use the Content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Sites and Services. You release TCKTPASS from all liability for you having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. TCKTPASS makes no representations concerning any Content contained in or accessed through the Sites and Services, and TCKTPASS will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Sites and Services. TCKTPASS makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER TCKTPASS NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF TCKTPASS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL TCKTPASS OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL TCKTPASS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES. ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TCKTPASS OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, TCKTPASS DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TCKTPASS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TCKTPASS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TCKTPASS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

The Sites and Services may display links to other Internet sites or resources. Because TCKTPASS has no control over such sites and resources, you acknowledge and agree that TCKTPASS is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TCKTPASS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

16. INDEMNITY. You agree to indemnify, defend and hold harmless TCKTPASS, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to TCKTPASS or that you submit, transmit or otherwise make available through the Service; (c) the inefficiency, latency, and/or incompleteness of the State or City Portal; or (d) any intentional or willful violation of any rights of another or harm you may have caused to another. TCKTPASS will have sole control of the defense of any such damage or claim.

17. LIMITATIONS OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TCKTPASS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TCKTPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY TCKTPASS OR THE FAILURE OF TCKTPASS TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TCKTPASS CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENTS TO TCKTPASS THROUGH THE USE OF A CREDIT CARD, DEBIT CARD, APPLE PAY, APPLE PAY LATER OR OTHER ELECTRONIC PAYMENT (A “PAYMENT PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A PAYMENT PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE PAYMENT PROCESSING PROCESS FOR TCKTPASS, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT OR DEBIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF TCKTPASS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TCKTPASS. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF TCKTPASS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TCKTPASS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT TCKTPASS SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT. USE OF APPLE PAY LATER AS A PAYMENT METHOD IS SUBJECT TO THE TERMS OF USE SET OUT BY APPLE FINANCING.

18. LOSS, THEFT, OR UNAUTHORIZED USE. You are responsible for all authorized uses of your Account. Applicable law may protect you from liability for unauthorized purchases. You understand that your Account is not a credit account and is not protected by laws covering credit accounts. You agree to tell us immediately if you believe that your Account has been used by an unauthorized person. If you believe that your phone has been stolen, or that someone has transferred or improperly charged the Account without your permission, contact help@tcktpass.com. If you fail to notify us promptly and you are grossly negligent or fraudulent in the handling of the Account, you could incur additional charges. If your phone or payment method has been reported lost, stolen, or otherwise tampered with, we may close the Account to keep your and our losses down.

19. NOTICE REGARDING YOUR RIGHT TO DISPUTE ERRORS. In case of errors or questions about Charges on your Account, contact help@tcktpass.com as soon as possible, including if you think the statement or receipt is wrong or if you need more information about a Charge listed on the statement or receipt. Where the disputed payment was charged by us, you must contact us no later than thirty (30) days after the transaction in question has been made available to you on the online statement. The following information must be contained in that notice:

- Your name, username, and phone number or email address used for the Account.

- Description of the error or the transaction you are unsure about and an explanation as clearly as possible of why you believe it is an error or why you need more information.

- The amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. Generally, we will tell you the results of our investigation within ten (10) business days after we hear from you and will promptly correct any error. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.

20. ENTIRE AGREEMENT. These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms constitute the entire agreement between you and TCKTPASS. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and TCKTPASS regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to TCKTPASS under these Terms of Use.

21. MUTUAL ARBITRATION AGREEMENT.

(a) Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy, or claim, past, present, or future, between you and TCKTPASS, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and TCKTPASS shall attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your physical address that you have provided to TCKTPASS. TCKTPASS's address for such notices is: 651 N. Broad St., Suite 201 Middletown DE 19709.

(b) Arbitration. If a Dispute is not resolved through Informal Negotiations, you and TCKTPASS agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, TCKTPASS will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (D) below.

(c) Excluded Disputes. You and TCKTPASS agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

(d) Waiver of Right to be a Plaintiff or Class Member in a Class Action. To fullest extent permitted by applicable law, You and TCKTPASS agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard, or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

(e) Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

(f) Severability. You and TCKTPASS agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

22. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, Washington DC(District of Columbia) and the City of New York where applicable, without giving effect to any choice or conflict of law provision or rule (either of the State of New Jersey, Washington DC(District of Columbia), City of New York, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey, Washington DC(District of Columbia) or the City of New York.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the City of New York where applicable, without giving effect to any choice or conflict of law provision or rule (either of the the State of New York and the City of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Yorks.

23. INTELLECTUAL PROPERTY. All Intellectual Property in the Sites and Services (the “Intellectual Property”) is the sole property of TCKTPASS and our affiliates or other representatives (as applicable) together with any goodwill, derivatives, new versions, enhancements, updates, changes, etc. of our intellectual property, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like. Other than as expressly set forth herein, TCKTPASS does not grant you any express or implied ownership or other rights to any Intellectual Property and all such rights are retained by TCKTPASS. You are liable for any and all damages of every kind resulting from any infringement by you of our intellectual property rights. TCKTPASS and other marks indicated on our Sites and Services are registered trademarks of TCKTPASS or our affiliates. Other TCKTPASS graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TCKTPASS or our affiliates. TCKTPASS’s trademarks and trade dress may not be used in connection with any product or service that is not TCKTPASS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TCKTPASS. All other trademarks not owned by TCKTPASS or our affiliates that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TCKTPASS or our affiliates.

24. MISCELLANEOUS. If you breach any term of these Terms of Use or other agreement with TCKTPASS, TCKTPASS may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. TCKTPASS’s remedies are cumulative and not exclusive. Failure of TCKTPASS to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable, or sublicensable by you except with TCKTPASS’s prior written consent. We may transfer, assign, or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment, or agency relationship exists between you and TCKTPASS as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use. You agree to receive email, text, or push notifications from TCKTPASS unless you choose to opt-out of such communications.

25. SUBSCRIPTION TERMS OF SERVICE. Thank you for using tcktpass ("we," "us," or "our"). By subscribing to our services, you agree to comply with and be bound by the following Terms of Service ("Agreement"). Please read these terms carefully before using our service.

25.1 SUBSCRIPTION AND ACCOUNT
25.1.1 ELIGIBILITY. To subscribe to our service, you must be at least 18 years old or the legal age of majority in your jurisdiction. By using the service, you represent and warrant that you meet the eligibility requirements.
25.1.2 SUBSCRIPTION PLANS. We offer subscription-based access to our services. Subscription plans, pricing, and features may change from time to time. We will notify you of any changes, and you may choose to accept the new terms or cancel your subscription.
25.1.3 ACCOUNT CREATION. To access the service, you must create an account with us. You are responsible for providing accurate and complete information and for maintaining the confidentiality of your account credentials.

25.2 PAYMENTS AND BILLING.
25.2.1 SUBSCRIPTION FEES. You agree to pay the subscription fees as indicated during the checkout process. Subscription fees are billed on a recurring basis, and the frequency will depend on the plan you choose (e.g., monthly, annually). Fees may vary based on your location or any promotions we offer. If billed monthly, you will be billed immediately or at the termination of the free trial (if applicable), and then on this same day for each successive monthly period.
25.2.2 PAYMENT METHODS. We accept payments via the payment methods available at the time of subscription. By subscribing, you authorize us to charge your chosen payment method for the subscription fees, or any active payment method on file.
25.2.3 BILLING CYCLES. Your subscription will renew automatically unless you cancel it. You will be billed for the renewal based on your chosen subscription cycle. If your payment method is declined or your account is overdue, we may suspend or terminate your access to the service until payment is received.
25.2.4 FREE TRIALS. If you are offered a free trial, it will be subject to the terms of this Agreement. After the trial period ends, your subscription will automatically convert to a paid plan unless you cancel the trial before the end date.

25.3 SUBSCRIPTION CANCELLATION AND REFUNDS.
25.3.1 CANCELING YOUR SUBSCRIPTION. You may cancel your subscription at any time by following the instructions provided in your account settings. Your cancellation will take effect at the end of the current billing cycle, and you will not be charged for the following period.
25.3.2 REFUNDS. We do not offer refunds for payments made before the cancellation date. However, you may contact us for assistance if you believe there was an error in billing.

25.4 USE OF SERVICE.
25.4.1 PERMITTED USE. You may use the service for personal and lawful purposes only. You agree not to misuse or disrupt the service, including engaging in fraud, harassment, or unauthorized access to any part of our platform.
25.4.2 INTELLECTUAL PROPERTY. The content, features, and functionality of the service are owned by tcktpass or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the service for its intended purpose.

25.5 TERMINATION.
25.5.1 TERMINATION BY US. We may suspend or terminate your access to the service at our discretion, without notice, for violations of this Agreement, fraud, or other reasons that may harm our platform or users.
25.5.2 TERMINATION BY YOU. You may terminate this Agreement by canceling your subscription as described in Section 25.3.

25.6 PRIVACY AND DATA.
25.6.1 DATA COLLECTION. We collect personal data as outlined in our Privacy Policy. By subscribing to our service, you agree to the collection and use of your information as described in our Privacy Policy.

25.7 LIMITATION OF LIABILITY.
25.7.1 DISCLAIMER OF WARRANTIES. The service is provided "as is," without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
25.7.2 LIMITATION OF LIABILITY. In no event shall we be liable for any indirect, incidental, special, or consequential damages arising from your use of the service, even if we were advised of the possibility of such damages.

25.8 CHANGES TO TERMS OF SERVICE. We may update or modify these Terms of Service at any time. Any changes will be effective immediately upon posting on our website, and your continued use of the service after such changes will constitute your acceptance of the modified terms.

26. TCKTPASS REFERRAL PROGRAM TERMS OF SERVICE.

These Terms of Service (“Terms”) govern your participation in the TCKTPASS Referral Program (“Program”) offered by TCKTPASS (“we,” “us,” or “our”). By participating in the Program, you agree to these Terms. If you do not agree, you may not participate in the Program.

26.1 ELIGIBILITY.
26.1.1 To participate in the Program, you must be at least 18 years old or the age of majority in your jurisdiction.
26.1.2 You must be a registered user of TCKTPASS with an active account.
26.1.3 You may not create multiple accounts for the purpose of generating referrals.

26.2 HOW THE PROGRAM WORKS.
26.2.1 Each eligible user will receive a unique referral link or code (“Referral Code”).
26.2.2 Share your Referral Code with friends, family, or others who may benefit from TCKTPASS.
26.2.3 When a referred user (“Referee”) signs up using your Referral Code and completes a qualifying action (“Qualifying Action”), you (“Referrer”) may receive a reward as outlined in Section 26.3.
26.2.4 Qualifying Actions:
26.2.4.1 A Qualifying Action may include, but is not limited to:
26.2.4.1.1 The Referee signing up for TCKTPASS and successfully paying a parking or speeding ticket.
26.2.4.1.2 Other actions as specified by us in the Program details.

26.3 REWARDS.
26.3.1 Referrers are eligible to receive a $5 discount for each friend (Referee) that uses TCKTPASS to pay a parking or speeding ticket.
26.3.2 Rewards will be applied as a discount on future ticket payments through TCKTPASS.
26.3.3 Rewards are non-transferable, non-refundable, and have no cash value unless explicitly stated.
26.3.4 TCKTPASS reserves the right to limit the number of rewards a single Referrer can earn within a specified period.

26.4 RESTRICTIONS.
26.4.1 Referral Codes must be used for personal and non-commercial purposes only.
26.4.2 You may not:
26.4.2.1 Spam or misuse referral links in ways that could annoy or harm others.
26.4.2.2 Use paid advertising or mass solicitation to promote your Referral Code.
26.4.2.3 Misrepresent your relationship with TCKTPASS.
26.4.2.4 Engage in fraudulent or abusive behavior, including creating fake accounts or providing false information.

26.5 TERMINATION AND MODIFICATION.
26.5.1 We reserve the right to modify, suspend, or terminate the Program or these Terms at any time without notice.
26.5.2 If we suspect any breach of these Terms or fraudulent activity, we may revoke your participation in the Program and forfeit any Rewards earned.

26.6 LIABILITY.
26.6.1 We are not responsible for any lost, delayed, or misdirected Rewards due to technical or other issues.
26.6.2 To the fullest extent permitted by law, we disclaim all liability for any direct, indirect, incidental, or consequential damages arising out of or related to the Program.

26.7 PRIVACY.
By participating in the Program, you consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

26.8 GOVERNING LAW.
These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.
By subscribing to tcktpass+ (“tcktpass Plus”), you acknowledge that you have read, understood, and agree to these Subscription Terms of Service.

By participating in the TCKTPASS Referral Program, you acknowledge that you have read, understood, and agree to these Terms.

27 CONTACT US.
If you have any questions about these Terms, please contact us at:
Email: help@tcktpass.com