Terms of Use

Bickster Apps Terms of Use

Subscription terms:

Payment will be charged to iTunes Account once your trial period has ended or at confirmation of purchase. The subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal. Payment will be charged to iTunes Account at confirmation of purchase. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s iTunes Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. Monthl y subscription users are billed per month, yearly subscription users are billed the whole annual amount from the date of purchase. Lifetime is a one-time purchase. Cancel any time.

AI / ChatGPT

Please note that the Chatster app, and any other Bickster apps with an AI chat interface, utilizes the ChatGPT API developed by OpenAI. Users are required to adhere to OpenAI's Terms of Use while using these features. Bickster is not responsible for the content generated or any outcomes resulting from the use of the ChatGPT API, as the technology and service are provided by OpenAI. For information on data handling and privacy, please refer to OpenAI’s Privacy Policy.

Last Revised January 19, 2022

Download Terms & Conditions PDF

THESE TERMS ESTABLISH AN AGREEMENT WITH YOU, AND YOU AGREE TO BE

BOUND BY THESE TERMS UPON THE EARLIER OF: (A) VISITING THIS WEBSITE; (B)

CLICKING THE “ACCEPT” OR “AGREE” SELECTOR; OR (C) ORDERING, PAYING FOR,

RECEIVING OR USING ANY PRODUCTS OR SERVICES THAT WE MARKET

THROUGH THIS WEBSITE. NOTE: THESE TERMS INCLUDE A WAIVER OF THE

RIGHT TO A JURY TRIAL.

1. Introduction

1.1 Us. This website is owned and managed by Bickster LLC, a New York limited liability

company (“our,” “us,” or “we”). These Terms of Use (“Terms”) apply to this website, our

other Marketing Channels (defined below), and the transactions related to our products and

services.

1.2 Minimum Age Requirement. All users of the Marketing Channels must be at least 13

years old. If any user is between 13 years and the Adult Age (defined below), the user’s parent

or legal guardian (“Parent”) must review and agree to these Terms before the non-Adult user

accesses the Marketing Channels. In these Terms, “Adult Age” will mean the age of majority,

which is 18 years of age or older according to applicable law in the user’s state or jurisdiction.

1.3 You. These Terms are binding on: (a) the person who visits, accesses or uses any of our

Marketing Channels, products or services; and (b) the person’s Parent if the person is under the

Adult Age. In these Terms, the terms “you” and “your” will mean such person together with

any such Parent.

1.4 Binding. By registering with, accessing or otherwise using our Marketing Channels,

products or services, you hereby agree to be bound by these Terms set forth below.

1.5 Our Third Party Associates. We rely on our relationships with various Associates

(defined below) to conduct our business. In these Terms, “Associates” will mean third parties

with whom we conduct business for our business purposes, including:

(a) any affiliates that control us, that we control, or that are under common control

with us, such as our parents, subsidiaries and sister entities;

(b) any third parties to whom we provide products, services or data, such as

collaborators, advertisers and marketing agencies; and

customer support providers, credit card and payment processors, order fulfillment providers,

market and data analyzers, product developers, real estate owners and managers, event managers,

publishers, website hosts, providers of communication systems (such as phone, text and email

systems), providers of information technology systems (such as databases and data servers),

online platform providers, information technology consultants, business advisors, auditors,

accountants and attorneys.

1.6 Our Marketing Channels. We may use one or more Marketing Channels (defined

below) to conduct our business, including marketing our products or services. In these Terms,

“Marketing Channels” will mean the resources used by us or our Associates to receive or

collect information, including the following resources:

(a) www.bickster.com;

(b) any other websites, ecommerce stores, servers, online portals, web portals, mobile

applications and electronic user interfaces;

(d) phones, computers, web cameras and other communication devices operable to

receive your written, text, oral, telephonic and video communications;

(e) real time communications with our representatives, including interviews,

discussions, conversations and conferences via in-person interaction or video, phone or other

means;

(f) any brick-and-mortar facilities (such as stores, offices, trade show buildings and

convention centers) as well as any cameras, beacons, sensors and other tracking equipment

located at such facilities;

(g) any means for personal interaction or observation, such as the collection of survey

results from you when you are located at such facilities; and

(h) surveys, forms and other materials used to document your answers, feedback or

behavior at such facilities.

1.7 Additional Contracts. You may be bound by additional contracts related to your

relationship with us or any products or services that you receive from us (collectively,

“Additional Contracts”). By way of a non-limiting example, the Additional Contracts will

include: (a) our App License Agreement; and (b) any other terms, conditions or agreements

applicable to any other products or services you order by accessing the Marketing Channels. If

any provisions of the Additional Contracts conflict with any provisions of these Terms, the

provisions of these Terms will control and prevail.

1.8 Set of Online Documents. These Terms include and incorporate our Privacy Policy,

which, in turn, includes and incorporates our Privacy Notice and Cookie Policy.

1.9 Non-Limiting Words. In these Terms, we use the words “including,” “includes,” and

“such as” in a non-limiting fashion.

1.10 Updates. We reserve the right to change these Terms from time to time without notice.

You acknowledge and agree that it is your responsibility to review these Terms periodically to

familiarize yourself with any changes. Your continued use of the Marketing Channels after such

changes will constitute your acknowledgement of and agreement to the changed modified Terms.

2. Intellectual Property

We or our Associates own all of the trademarks, service marks, marks, domain names, logos,

slogans, symbols, designs, trade dress, works of authorship, software, graphical user interfaces,

content, text, images, photos, audio recordings, videos, data, information and resources displayed

by or accessible within the Marketing Channels (collectively, “Channel Resources”). The

Channel Resources are protected by United States and international copyright laws and other

intellectual property laws. You will not use, copy, reproduce, perform, display, distribute,

embed into any electronic medium, alter, reverse engineer, decompile, transfer, download,

transmit, monetize, sell, market or commercialize any Channel Resources in any form without

our prior written consent. We reserve all rights in and to the Channel Resources. Your violation

of any of the restrictions in this Section may subject you to penalties and liabilities under

copyrights laws, trademark laws, intellectual property laws, and civil and criminal statutes.

3. Idea Submission

If you have any intellectual property (including concepts, ideas, inventions, works of authorship,

information, suggestions and proposed product improvements) that you would like to present to

us, you will not submit such intellectual property to us unless we have first signed a written

agreement with you regarding the disclosure of such intellectual property to us. If you disclose

any such intellectual property to us absent such written agreement, we will have a perpetual,

irrevocable, worldwide, transferrable, sublicensable, royalty-free, paid-up, non-exclusive license

to use, reproduce, distribute, perform, display, create derivatives of, modify, make, use,

monetize, market, sell, offer for sale, import, export and commercialize such intellectual

property. Such license will automatically become effective when you make such disclosure to us

absent such written agreement.

4. Third Party Property

4.1 In these Terms, “Third Party Property” will mean the portions of the Marketing

Channels and Channel Resources that are owned by our Associates.

4.2 The Marketing Channels may provide you with access to Third Party Property. Also, the

Marketing Channels may include links to Third Party Property that is accessible outside of the

Marketing Channels. If we include a link in the Marketing Channels to any website of any

Associate, we may take one or more of the following approaches to notify you that such link will

direct you to the Associate’s website:

(a) the link (or image or content associated with the link) will display or output the

name, brand, trademark or logo of the applicable Associate; and/or

(b) the Marketing Channels will display a popup message indicating that you will be

departing the Marketing Channels.

4.3 We will not be responsible for any Third Party Property or for any changes or updates to

any Third Party Property. You bear all risks associated with the access to, lack of access to, and

use of, Third Party Property and any related third party services. Please review the terms and

conditions of the applicable Associate.

5. Interruption

You will not interrupt or attempt to interrupt the operation of the Marketing Channels in any

way. You will not link the Marketing Channels to another website, nor will you link any other

website to the Marketing Channels. Notwithstanding the foregoing, you may forward the

Marketing Channels addresses to others who may be interested in visiting the Marketing

Channels.

6. Responsible Use and Conduct

6.1 By visiting the Marketing Channels and accessing the Channel Resources, either directly

or indirectly, you agree to use the Channel Resources only for the purposes intended and as

permitted by these Terms, any Additional Contracts with us, the terms of our Associates, and

applicable laws, regulations and generally accepted online practices and industry guidelines.

6.2 To access the Channel Resources, you may be required to provide certain information

about yourself (such as your identification, contact details, etc.) as part of the registration

process, or as part of your ability to use the Channel Resources. You agree that any information

you provide will always be accurate, correct, and up to date.

6.3 Accessing, or attempting to access, any of the Channel Resources by any means other

than through the means we provide, is strictly prohibited. You specifically agree not to access, or

attempt to access, any of the Channel Resources through any robotic, automated, hacking,

unethical or unconventional means.

6.4 Engaging in any activity that disrupts or interferes with the Channel Resources, including

the servers or networks that store or manage the Channel Resources, is strictly prohibited.

Attempting to reverse engineer, decompile, modify, copy, duplicate, reproduce, publicly

perform, publicly display, distribute, lease, sell, trade, resell or commercialize any of the

Channel Resources is strictly prohibited.

7. Security

You are responsible for all activities that occur under any user accounts provided by us. You

may be required to choose a password and a user name. Access to and use of password-

protected or secure areas of the Marketing Channels are restricted to authorized users only. You

agree not to share your passwords, account information, or secured access to the Marketing

Channels with any other person. You are responsible for maintaining the confidentiality of

passwords and account information, and you are responsible for all activities that occur through

the use of your passwords or accounts or as a result of your access to the Marketing Channels.

You agree to notify us immediately of any use of your passwords or accounts that you did not

authorize or that violates these Terms.

8. Content Posted by You

We may provide various open communication tools on the Marketing Channels, such as blog

comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and

reviews, various social media services, etc. You understand that it might not be feasible for us to

pre-screen or monitor all content posted by users of these various communication tools, which

means that if you choose to use these tools to submit any type of content to the Marketing

Channels, then it is your personal responsibility to use these tools in a responsible and ethical

manner. By posting information or otherwise using any open communication tools as mentioned,

you agree that you will not upload, post, submit, share, or otherwise distribute any content that:

(a) is illegal, threatening, defamatory, abusive, harassing, bullying, degrading,

intimidating, fraudulent, deceptive, invasive, racist, sexist, hateful or offensive, or contains any

type of suggestive, inappropriate, or explicit language or images;

(b) infringes on any trademark, patent, trade secret, copyright, or other proprietary

right of any party;

(d) impersonates any person or entity, including any of our employees or

representatives.

9. Monitoring

It might not be feasible for us to screen or monitor all content that you or others may share or

submit on or through the Marketing Channels. However, we reserve the right to review the

Marketing Channels and content and to monitor all use of, and activity on, the Marketing

Channels, and to remove or reject any content in our sole discretion. We may remove

confidential or proprietary content of a third party that has been uploaded or submitted without

that third party's permission.

10. Copyright Infringement – Digital Millennium Copyright Act

If the Marketing Channels enable you or others to share or submit content, we recognize the risk

that such content could cause copyright infringement. The United States Copyright Act

(“Copyright Act”) provides service providers like us with a limitation of liability regarding any

such infringement. Accordingly, pursuant to 17 U.S.C. § 512 of the Copyright Act, we provide

the information and procedures set forth below in this Section 10.

10.1 Designated Agent

The following is the contact information of our designated agent (“Designated Agent”) to

receive notices of copyright infringement:

Bickster LLC

Legal Department

60 Railroad Place

Saratoga Springs, New York 12866

Phone No.: 1-518-212-7312

Email Address: legal@bickster.com

10.2 Infringement Notice

If you or any other party (“Complaining Party”) concludes that the use or display of any

materials or works on the Marketing Channels is infringing upon any copyrights, the

Complaining Party may send a written notice to the Designated Agent (“Infringement Notice”).

The Infringement Notice, to be effective, must include 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 claimed to have been infringed, or, if

multiple copyrighted works at a single online site are covered by a single notification, a

representative list of such works at that site;

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 such material;

(d) information reasonably sufficient to permit us to contact the Complaining Party,

such as an address, telephone number, and, if available, an electronic mail address at which the

Complaining Party may be contacted;

(e) a statement that the Complaining Party has a good faith belief that use of the

material in the manner complained of is not authorized by the copyright owner, its agent, or the

law; and

(f) a statement that the information in the notification is accurate, and under penalty

of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive

right that is allegedly infringed.

10.3 Takedown

Upon receiving an Infringement Notice from a Complaining Party in accordance with Section

10.2 above, we will respond expeditiously to remove, or disable access to, the material that is

claimed to be infringing or to be the subject of infringing activity.

10.4 Notice of Takedown; Replacement

If you are a subscriber of us and we remove or disable access to materials provided by you in

accordance with Section 10.3 above, we will:

(a) take reasonable steps promptly to notify you that we have removed or disabled

access to the material;

(b) upon receipt of a counter notification from you (in accordance with Section 10.5

below), promptly provide the applicable Complaining Party with a copy of the counter

notification, and inform such Complaining Party that we will replace the removed material or

cease disabling access to it within ten (10) business days; and

(10), nor more than fourteen (14), business days following receipt of the counter notice, unless

the Designated Agent first receives notice from the applicable Complaining Party indicating that

such Complaining Party filed an action seeking a court order to restrain you from engaging in

infringing activity relating to the material on our system or network.

10.5 Counter Notice

If you, as a subscriber of us, wish to provide a counter notification, you must provide the counter

notification in writing to the Designated Agent. The counter notification, to be effective, must

include substantially the following:

(a) your physical or electronic signature;

(b) identification of the material that has been removed or to which access has been

disabled and the location at which the material appeared before it was removed or access to it

was disabled;

material was removed or disabled as a result of mistake or misidentification of the material to be

removed or disabled; and

(d) your name, address, and telephone number, and a statement that you consent to

the jurisdiction of Federal District Court for the judicial district in which the address is located,

or if your address is outside of the United States, for any judicial district in which we may be

found, and that you will accept service of process from the applicable Complaining Party or an

agent of such Complaining Party.

11. Termination of Use

We may, in our sole discretion, at any time discontinue providing the Marketing Channels (or

any portion thereof) or limit access to the Marketing Channels, any areas of the Marketing

Channels or any Channel Resources. Also, we may, in our sole discretion, at any time, terminate

or limit your access to, or use of, the Marketing Channels or any Channel Resources if we

suspect that you have infringed upon the rights of a third party, violated these Terms, or engaged

in any wrongdoing. You agree that we will not be liable to you or any third party for any

termination or limitation of your access to, or use of, the Marketing Channels, any Channel

Resources or any content that you may have shared.

12. Indemnification

You agree to indemnify, defend and hold harmless, us, our Associates, and the parents,

subsidiaries, affiliates, equity holders, officers, directors, employees and agents of us and our

Associates, from and against any and all claims, liabilities, damages, losses and expenses,

including reasonable attorneys' fees and costs, relating to or arising out of: (a) information,

materials, works or content that you share or submit; (b) your violation of these Terms, any

Additional Contracts or any other rules, guidelines or terms of use posted for a specific area of

the Marketing Channels or any Channel Resources; (c) your violation of applicable law; or (d)

your violation or infringement of any third party rights, including intellectual property rights and

privacy rights. Upon our request before or after any court judgment, you will promptly

reimburse us for our damages, losses, costs and expenses relating to or arising out of such

claims. You will cooperate as fully as reasonably requested in our defense of any such claim.

We reserve the right, at our own expense, to assume the exclusive defense and control of any

claim otherwise subject to indemnification by you, and you will not in any event settle any claim

without our prior written consent.

13. Disclaimers

THE FOLLOWING PROVISIONS OF THIS SECTION 13 WILL APPLY TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

13.1 ALL CHANNEL RESOURCES ACCESSED, DOWNLOADED OR OTHERWISE

OBTAINED ON OR THROUGH THE MARKETING CHANNELS ARE USED AT YOUR

SOLE DISCRETION AND RISK. WE WILL HAVE NO RESPONSIBILITY FOR ANY

DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM

THE DOWNLOAD OR USE OF ANY CHANNEL RESOURCES.

13.2 WE RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND

MONITOR THE USE OF, THE MARKETING CHANNELS AND CHANNEL RESOURCES

AT ANY TIME WITHOUT NOTICE.

14. Warranty Waiver; Exclusion of Damages; Maximum Liability

THE FOLLOWING PROVISIONS OF THIS SECTION 14 WILL APPLY TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

14.1 THE MARKETING CHANNELS AND ALL CHANNEL RESOURCES ARE

PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY

DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING TO THE MARKETING

CHANNELS, CHANNEL RESOURCES, OR OUR PRODUCTS AND SERVICES. WE

MAKE NO WARRANTY THAT: (A) THE MARKETING CHANNELS, CHANNEL

RESOURCES, OR OUR PRODUCTS OR SERVICES WILL MEET YOUR

REQUIREMENTS; (B) THE MARKETING CHANNELS WILL BE AVAILABLE ON AN

UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS

THAT MAY BE OBTAINED FROM THE USE OF THE MARKETING CHANNELS, ANY

CHANNEL RESOURCES OR ANY OF OUR PRODUCTS OR SERVICES WILL BE

ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCT OR SERVICE

PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

14.2 IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY

DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF DATA, OR LOSS OF OR

HARM TO PROPERTY OR DATA) INCURRED BY YOU OR ANY THIRD PARTY,

WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS

TO, OR USE OF, THE MARKETING CHANNELS OR ANY CHANNEL RESOURCES.

14.3 EXCEPT TO THE EXTENT ANY ADDITIONAL CONTRACT EXPRESSLY STATES

OTHERWISE, OUR MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES ARISING

OUT OF OR RELATED TO THE MARKETING CHANNELS, THE CHANNEL

RESOURCES OR ANY PRODUCTS AND SERVICES MARKETED OR SOLD THROUGH

THE MARKETING CHANNELS, REGARDLESS OF THE FORM OF LEGAL ACTION

THAT IMPOSES LIABILITY (WHETHER IN CONTRACT, EQUITY, NEGLIGENCE,

INTENDED CONDUCT, TORT OR OTHERWISE) WILL BE LIMITED TO THE TOTAL

PRICE THAT YOU PAID TO US TO PURCHASE SUCH PRODUCTS OR SERVICES OR

USE THE MARKETING CHANNELS. SUCH LIMIT WILL APPLY IN THE AGGREGATE

TO ALL OF YOUR CLAIMS, ACTIONS AND CAUSES OF ACTION OF EVERY KIND

AND NATURE.

15. Privacy Policy and Accessibility Policy

15.1 We take your privacy seriously and have developed a policy to address privacy concerns.

For more information, please see our Privacy Policy, which is a part of these Terms.

15.2 We are committed to making the content we provide through the Marketing Channels

accessible to individuals with disabilities. If you have a disability and are unable to access any

portion of the Marketing Channels or Channel Resources due to your disability (“Incident”),

you agree to: (a) immediately give us written notice of the Incident in accordance with Section

23 below; and (b) include a detailed description of the Incident in your notice. We will accept

your notice through a writing submitted by your guardian, caretaker or agent on your behalf.

After receiving your notice, we will: (i) promptly investigate the Incident; (ii) promptly resolve

the issue causing the Incident if the issue is readily identifiable and resolvable in accordance with

industry-standard information technology tools and techniques; and (iii) provide you with a

reply, setting forth our remedial steps and findings.

16. Persons Under the Adult Age

16.1 You must be at least 13 years old to use the Marketing Channels.

16.2 If you are over 13 years old but under the Adult Age, your Parent must also be a party to

these Terms, and your Parent will be responsible and liable for all of your acts and omissions.

17. Export Restrictions/Legal Compliance

You may not access, download, use or export the Marketing Channels, or the content provided

on or through the Marketing Channels, in violation of U.S. export laws or regulations, or in

violation of any other applicable laws or regulations. You agree to comply with all export laws,

restrictions and regulations of any United States or applicable agency or authority, and to not

directly or indirectly provide or otherwise make available any Channel Resources in violation of

any such restrictions, laws or regulations, including laws, restrictions or regulations pertaining to

the development, design, manufacture or production of nuclear, chemical or biological weapons

or missile technology. As applicable, you will obtain and bear all expenses related to any

necessary licenses, authorizations, and/or exemptions with respect to your own use of the

Channel Resources outside the U.S. Neither the Channel Resources nor the underlying

information or technology may be downloaded or otherwise provided or made available, either

directly or indirectly, into any country subject to U.S. trade sanctions, to individuals or entities

controlled by such countries, or to nationals or residents of such countries other than nationals

who are lawfully admitted permanent residents of countries not subject to such sanctions. By

agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not

located in, under the control of, or a national or resident of any such country or on any such list.

18. Availability of Products or Services

Channel Resources and information in the Marketing Channels may reference our products,

programs or services that might not be available in your location. Such references do not imply

that we commit or plan to make such products, programs, or services available in your location.

19. Assignment

You will not assign these Terms, in whole or in part, to any third party. Any purported

assignment in violation of this Section will be null and void.

20. Waiver

Our delay or failure to exercise or enforce any rights or provisions in these Terms will not

prejudice or operate to waive such right or provision.

21. Severability

If any part or provision of these Terms is found to be unenforceable under applicable law, such

part or provision will be modified to make these Terms, as modified, legal and enforceable. The

balance of these Terms will not be affected.

22. Dispute Resolution

22.1 Definitions. For the purposes of this Section 22:

(a) the term “Dispute” will mean any dispute, controversy, claim, or cause of action

arising out of or relating to: (i) these Terms or any Additional Contract, the interpretation

thereof, or the breach, termination, applicability or validity of these Terms or any Additional

Contract; (ii) the Marketing Channels, the Channel Resources or any product or service

marketed or sold through the Marketing Channels; or (iii) any other dispute arising out of or

relating to the relationship between you and us;

(b) the term "Our Group" will mean us and our parents, subsidiaries, affiliates,

stockholders, directors, officers, employees, agents, suppliers, beneficiaries, assignees, and

successors in interest;

your beneficiaries;

(d) the term “Parties” means you and us, and the term, “Party” means either you or

us.

22.2 Mediation. If either Party seeks to initiate any legal action against the other Party

arising from any Dispute, the Party seeking such legal action shall provide the other Party with

written notice of such Dispute, specifying and describing the Dispute in detail. If the Parties fail

to resolve such Dispute in writing within thirty (30) days of negotiations after the date of such

notice, either Party may provide the other Party with a written decision to initiate such legal

action (“Decision Notice”).

22.3 Selection of Court of Law or Arbitration. In the case of a Decision Notice provided

by either Party, we will have the right to select, at our sole discretion, whether the legal action

will occur through a court of law or through binding arbitration. If we do not provide you with

our written notice of our selection within ten (10) business days after receiving your Decision

Notice, you will have the right to resolve the Dispute solely through binding arbitration, not

through a court of law.

22.4 Court of Law. If any Dispute is to be resolved by a court of law in accordance with

Section 22.3 above, the terms of this Section 22.4 will apply. The governing law will be the

laws of the State of New York, excluding its conflict of law principles. The State and Federal

courts located in Albany County of New York will have sole and exclusive jurisdiction over such

Dispute. Your Group and Our Group each hereby waives all claims of immunity from such

jurisdiction. Venue for such Dispute will be in Albany County of New York. The United

Nations Convention on Contracts for the International Sale of Goods will not apply to these

Terms. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH

MEMBER OF YOUR GROUP AND OUR GROUP HEREBY KNOWINGLY,

VOLUNTARILY AND INTENTIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN

SUCH DISPUTE. THIS WAIVER WILL BE IRREVOCABLE AND PERPETUAL;

PROVIDED, HOWEVER, THAT IF WE INITIATE SUCH DISPUTE BASED ON THE

INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, WE WILL RETAIN

THE RIGHT TO TRIAL BY JURY FOR SUCH DISPUTE. EACH OF YOU AND US

UNDERSTANDS AND ACKNOWLEDGES THAT: (A) IN THE ABSENCE OF THIS

SECTION 22.4, SUCH PARTY WOULD HAVE HAD A RIGHT TO LITIGATE ACTIONS

THROUGH A JURY TRIAL; AND (B) THIS WAIVER IS A SUBSTANTIVE PROVISION

BARGAINED BY YOU AND US AS CONSIDERATION FOR ENTERING INTO THESE

TERMS.

22.5 Arbitration. If any Dispute is to be resolved by arbitration in accordance with Section

22.3 above, the terms of this Section 22.5 will apply.

(a) No Lawsuit. No member of Our Group or Your Group will submit the

applicable Dispute to any court of law. Our Group and Your Group hereby forfeit their right to

file and litigate a lawsuit in a court of law relating to such Dispute. You understand that, in the

absence of this Section 22.5, you would have had a right to litigate disputes through a court,

including the right, if any and subject to the rules of your jurisdiction, to litigate claims on a

class-wide or class-action basis. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, EACH MEMBER OF YOUR GROUP AND OUR GROUP HEREBY

KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THOSE RIGHTS AND

ALL RIGHT TO TRIAL BY JURY IN CONNECTION WITH SUCH DISPUTE. EACH

SUCH MEMBER AGREES TO RESOLVE SUCH DISPUTE SOLELY THROUGH BINDING

ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 22.5.

NO PART OF THE ARBITRATION WILL BE CONSOLIDATED WITH ANY OTHER

ARBITRATION OR CONDUCTED ON A CLASS-WIDE OR CLASS ACTION BASIS.

YOU AGREE AND ACKNOWLEDGE THAT SUCH WAIVER IS A SUBSTANTIVE

PROVISION BARGAINED BY YOU AND US AS CONSIDERATION FOR ENTERING

INTO THESE TERMS. This arbitration provision will be governed by the Federal Arbitration

Act, 9 U.S.C. Section 1, et seq.

(b) American Arbitration Association. The parties (you and us) may each provide

one another with written notice of any intention to initiate arbitration with respect to any

Dispute that is subject to arbitration in accordance with Section 22.5(a) above. If you do not

amicably resolve or settle such Dispute with us in writing within thirty (30) days after such

notice, the notifying party will have the right to submit such Dispute to the American

Arbitration Association (“AAA”) for binding resolution. Any such Dispute will be resolved

exclusively and finally by the AAA. You and us will agree upon another arbitration forum if

AAA ceases all of its operations. The arbitration will be conducted before a single arbitrator

and will be limited solely to the applicable Dispute between you and us.

(c) Election of Arbitrator. The parties (you and us) will confer after service of

written notice of arbitration to select a single, agreed-upon arbitrator to arbitrate the applicable

Dispute. If you are unable to agree with us upon an arbitrator within thirty (30) days after the

date of such notice, the AAA will assign an arbitrator. Any decision or award rendered in such

arbitration proceeding will be final and binding on Our Group and Your Group, and judgment

may be entered thereon only in the State or Federal courts in Albany County of New York.

(d) Substantive Law; Limitations on Award; Place; Language. In the arbitration,

the arbitrator will apply the laws of the State of New York, excluding its conflict of law

principles. The arbitrator will not have the right to award treble damages, punitive damages or

attorneys’ fees to the prevailing party. The location of the arbitration will be in Albany County

of New York, and the arbitration will be conducted in the English language. The United

Nations Convention on Contracts for the International Sale of Goods will not apply to the

applicable Dispute.

(e) AAA Contact Information. Information may be obtained from the AAA online

at www.adr.org or by calling the phone number or writing to the address specified at such

website.

23. Judicial Modification

If any court deems, in accordance with Section 22.4 above, any provision of these Terms

unenforceable because of its scope in terms of area, time, business activities or ownership, such

court will have the power to modify such provision, through reductions or limitations thereon or

to delete specific words or phrases. In its reduced form, such provision will then be enforceable

and will be enforced under applicable law.

24. English Language

This Agreement will be interpreted and construed exclusively in the English language. All

notices and correspondence related to this Agreement will be written exclusively in the English

language.

25. Contact Information

You may contact us regarding these Terms through our contact page or by writing or emailing us

at the following address:

Bickster LLC

Legal Department

60 Railroad Place

Saratoga Springs, New York 12866

Phone No.: 1-518-212-7312

Email Address: legal@bickster.com

26. Updates of these Terms

As noted above, we may update these Terms from time to time. The date provided at the

beginning of these Terms is the latest revision date of these Terms. To request a prior version of

these Terms, please contact us.

End of Terms of Use