THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 8 BELOW THAT IS APPLICABLE TO YOU AND US.

Welcome to PublicSquare! These PublicSquare Terms and Conditions (this “Agreement”) is a legally binding agreement between you (also referred to as the “Customer” or “User”) and PSQ Holdings, Inc. as well as its corporate affiliates (referred to as “PublicSquare,” “us,” “we,” and “our”). This Agreement governs your use of www.publicsq.com and the PublicSquare mobile app (collectively, “PublicSquare”). This Agreement also governs your purchases of products or services on PublicSquare, and the entirety of your relationship with PublicSquare as a Customer or User of PublicSquare. By using or accessing PublicSquare, creating a PublicSquare User or Customer profile, or purchasing or acquiring products or services via PublicSquare, you agree that you have read, understood, and voluntarily accept all of the terms and conditions contained or incorporated by reference in this Agreement, including, but not limited to, our .

PLEASE READ ALL OF THESE TERMS AND POLICIES CAREFULLY BEFORE USING PublicSquare, BEFORE ACCEPTING THESE TERMS WHEN REGISTERING TO USE PublicSquare, AND BEFORE PURCHASING OR OTHERWISE ACQUIRING ANY PRODUCTS OR SERVICES THROUGH PublicSquare. THESE TERMS HAVE IMPORTANT LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR LEGAL PROCEEDING AGAINST PublicSquare.

AS USED IN THESE TERMS, “PublicSquare” MEANS THE ENTIRETY OF www.publicsq.com AND THE PublicSquare MOBILE APP, THEIR VARIOUS PAGES AND SUBPAGES, INCLUDING, BUT NOT LIMITED TO, ALL DISPLAYED CONTENT, GOODS, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF. BY ACCESSING PublicSquare, OR PURCHASING OR OTHERWISE ACQUIRING PRODUCTS OR SERVICES THROUGH PublicSquare, YOU AFFIRM THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND OTHERWISE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND THAT YOU VOLUNTARILY ACCEPT AND WILL BE BOUND BY ALL TERMS AND POLICIES CONTAINED AND REFERENCED HEREIN. YOU MAY NOT ACCESS OR USE PublicSquare IF YOU (1) DO NOT AGREE TO ALL SUCH TERMS AND POLICIES, (2) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH PublicSquare, OR (3) ARE PROHIBITED BY ANY APPLICABLE LAW FROM ACCESSING OR USING PublicSquare.

1. GENERAL PROVISIONS

1.1 Products. PublicSquare is an online marketplace that enables eligible Users to purchase and acquire goods, products, and services (collectively, “the Products”).

1.2 Updates to Our Terms and Policies. We reserve the right to change, modify, add or remove sections of this Agreement or our Policies referenced herein (collectively, “Terms”), at any time, in our discretion. You agree that you are responsible for checking these Terms for changes when you access or use PublicSquare, and that any failure by you to read such changes will not, without more, negate your assent to those changes. When changes are made, we will make a new copy of these Terms available on PublicSquare, and we will also update the “Last Updated” date at the top of these Terms. If we make any material revisions to the Terms, we may provide notice by means of conspicuous alert or notification displayed on the Services or other contact methods we have on file. By continuing to use PublicSquare after the posting of any changes or updates, you accept and agree to any such changes and updates. IF YOU DO NOT AGREE TO ANY CHANGES OR UPDATES, YOU MUST IMMEDIATELY STOP USING PublicSquare.

1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of PublicSquare, and your ordering, purchasing or acquiring of Products may be subject to additional terms (“Supplemental Terms”). For example, if you purchase Products, your order will be fulfilled by the merchant offering the Products (“Merchant”). You are purchasing directly from the Merchant, not PublicSquare. All warranty, invoicing, shipping, and cancellation will be handled in accordance with the applicable policies provided by the Merchant who fulfills the order. Returns and refunds will be determined based on PublicSquare’s . Public Square shall not be responsible for examining or evaluating, and we do not warrant the offerings or Products of any Merchant. You should carefully review the Supplemental Terms, including Merchant policies, which will be linked at the time of applicability.

2. USE OF PUBLICSQUARE

2.1 Access and Use. Subject to the Terms of this Agreement, PublicSquare hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use PublicSquare for the purpose of personal, non-commercial shopping for Products displayed on PublicSquare, and not for commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in our immediate revocation of the license granted you in this paragraph, without notice to you.

2.2 Third Party Links and Resources. PublicSquare contains links to third-party sites that are neither owned nor controlled by us. References on PublicSquare to third parties’ names, marks, or Products, as well as any links to third parties’ sites, are not an endorsement, sponsorship or recommendation of any third party or their Products, representations, or information.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or Products, including, but not limited to, any third party’s social media or mobile app platform with which PublicSquare may operate or otherwise interact (directly or indirectly). You agree that PublicSquare is not responsible for the acts or omissions of any operator of any such site or platform, and that your use of any such third-party site or platform is at your own risk and will be governed by such third party’s own terms, conditions and policies (if any). We make no representations or warranties about the accuracy, completeness or timeliness of any content posted on PublicSquare by anyone other than us. We strongly advise you to read any applicable third-party terms, conditions and policies before using third-party sites.

2.3 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit for your personal or commercial gain PublicSquare or the Products displayed thereon, or any portion of them, unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on PublicSquare or make any use of PublicSquare or the Products for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our discretion and without prior notice, terminate your access to PublicSquare at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of PublicSquare, including, but not limited to, the ability to submit orders, make payments, send communications, or access information.

You may not and will not upload to, distribute, or otherwise publish through or from PublicSquare any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree not to:

(a) use PublicSquare for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of PublicSquare, or the rights of any third party;

(b) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of PublicSquare or the Products, or which, as determined by us, may harm us or other persons using PublicSquare or the Products or expose us or them to liability;

(c) use PublicSquare in any manner that could disable, overburden, damage, or impair PublicSquare or any other party’s use of PublicSquare or the Products;

(d) use any robot, spider or other manual or automated device, process, software or means to index or access PublicSquare for any purpose;

(e) use PublicSquare to distribute unsolicited promotional or commercial content, or solicit other persons using PublicSquare or the Products for commercial purposes; or

(f) otherwise attempt to interfere with the proper working of PublicSquare.

2.4 Unavailability of PublicSquare. Access to PublicSquare may become degraded or unavailable during times of maintenance, significant volatility or volume, or due to other causes within or beyond our control. This could result in significant response time delays. Although we strive to provide you with excellent service, we do not represent that PublicSquare or the Products will be available without interruption, and we do not guarantee that any order will be timely executed, accepted, processed, shipped, or recorded. PublicSquare shall not be liable for any losses resulting from or arising out of delays in processing orders, any inability to fulfill orders, or any lack of timely response from third parties or from PublicSquare customer support.

2.5 User Profiles and Accounts. In order to purchase or acquire Products or access some features or services available on PublicSquare, you are required to create a PublicSquare user account (“User Account”), which may include setting up a password. You may not use another person’s User Account or password.

You are solely responsible for protecting the confidentiality of your User Account and the information you submit or hold for your User Account, including your password, and you are solely responsible for any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any breach or threatened breach of PublicSquare’s or your User Account’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using PublicSquare as provided herein.

We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests in any way. If your User Account is discontinued by PublicSquare due to your violation or breach of any portion these Terms, or for conduct otherwise deemed inappropriate or harmful to our interests, then you agree that you will not attempt to re-register with or access PublicSquare through use of a different member name, User Account, or otherwise. You may terminate your User Account at any time, for any reason, by following the applicable instructions within PublicSquare. To the fullest extent permitted by applicable law, you agree that PublicSquare will not have any liability whatsoever to you for any suspension or termination of your User Account.

By creating a User Account with us, you acknowledge that we, or merchant business on our app and website, may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our, or their, email list.

3. PRIVACY POLICY

PublicSquare’s , which is fully incorporated by reference into this Agreement, applies to all aspects of your access to and use of PublicSquare, including but not limited to your submission of personal information to us, as well as to your ordering, purchase or acquisition of the Products. To view our Privacy Policy, click here.

4. ERRORS

While we strive to provide complete and accurate information on PublicSquare, errors, inaccuracies, or omissions, including those that relate to pricing, Product descriptions, availability, offers or other information may occur. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or modify information or cancel orders if any information on PublicSquare is inaccurate at any time, without prior notice, including after your order has been submitted. In the event we cancel all or part of an order, we will provide you with notice and a refund.

5. ORDERS AND PURCHASES

5.1 Affiliated and Third-Party Sellers. In your use of PublicSquare, you may send or receive communications with, purchase Products from, and/or view advertisements or promotions from various affiliates of PSQ Holdings, Inc., or from independent merchants of PublicSquare (collectively, “Sellers”). Unless otherwise stated in writing, any such correspondence, advertisement, transaction, or promotion, including, but not limited to, any payment for Products, and any term, condition, warranty, or representation related to such correspondence, advertisement, transaction or promotion, is solely between you and the Seller, regardless of whether the Seller is an affiliate of PSQ Holdings, Inc. You hereby acknowledge and agree that no non-Seller entity, whether affiliated with or independent of PublicSquare, shall have any liability, obligation, or responsibility for any correspondence, transaction, advertisement or promotion between you and the Seller, including, without limitation receiving and opting out of any promotional or marketing emails from Sellers.

No PublicSquare affiliate endorses or warrants any Product by virtue of any advertisement, information, material, or content presented on, referred to, or linked from or to, PublicSquare (unless the Seller is a PublicSquare affiliate, in which case only that affiliate endorses or warrants its own Products). PublicSquare is linked to other websites that are not maintained by, or under the control of, PublicSquare. You agree to the Terms in this paragraph, and further agree that Public Square shall not be responsible or liable for any loss, damage, or legal injury incurred as a result of your dealings with a Seller (unless the Seller is a PublicSquare affiliate, in which case only that affiliate may be a party to any dispute regarding such loss, damage or legal injury.) If such a dispute arises, you understand and agree that PublicSquare shall be under no obligation to become involved in any way.

5.2 Release of Claims. You acknowledge that the arbitration and informal dispute resolution procedures set out in Section 8 apply only to disputes between you and us. Any dispute between you and any third-party (including other users or Sellers), whether arising from PublicSquare or otherwise, must be resolved directly between you and such third party. If you have a dispute with one or more Sellers or other third-parties, you hereby release us from and agree to indemnify and hold us harmless for any claims, demands, and damages of any kind and any nature, known or unknown, arising out of or in any way related to such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

5.3 Order Acceptance and Cancellation. You agree that your order is an offer to buy from a Seller (who may be either a third party, or a corporate affiliate of PublicSquare) the Products listed in your order. All orders must be affirmatively accepted by us and the Seller, or else the Seller will not be obligated to sell the ordered Products to you, and we will be under no obligation to process your order from the Seller. Either we or the Seller may choose, in our or their sole discretion, not to accept any given order. If and after your order is received and accepted, we and/or the Seller will send you a confirmation email containing your order number and the details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and the Seller will not occur, unless and until you have received a corresponding order confirmation email.

5.4 Prices and Payments. All Product prices listed on PublicSquare are exclusive of shipping and handling fees, all sales and use taxes, and any other applicable taxes or fees. Any applicable taxes and fees will be charged to you separately, at the applicable rate for each order; such taxes and/or fees will be added to your total order price, and itemized in your shopping cart as well as your order confirmation email.

Product prices may change at any time, without notice to you. However, price changes will not retroactively affect any Product order for which we have already sent a confirmation email. In placing a Product order via PublicSquare, you represent and warrant that (i) all payment information you supply to us is true, correct, and complete; (ii) you are duly authorized to use the given payment method for your purchase; (iii) any charges incurred by you will be honored by the relevant credit or debit card issuer, if any; and (iv) you will pay all charges incurred by you at the agreed upon prices, including any and all applicable taxes and fees.

5.5 Title and Shipment. Any Product shipping or delivery dates displayed are estimates only, and cannot be guaranteed. You will pay all shipping and handling charges specified during the ordering process. If you order and purchase Products via PublicSquare, and your order is fulfilled outside the United States, then title to the purchased Products transfers to you as the Customer once the Products are loaded onto the international carrier outside of your country. If you order and purchase Products via PublicSquare, and your order is fulfilled in the United States, then title to the purchased Products transfers to you when the Products are delivered to the shipping address that you provide for your order.

5.6 Returns and Refunds. Returns and refunds will be determined based on PublicSquare’s .

6. DISCLAIMER & EVENTS BEYOND OUR CONTROL

YOUR ACCESS TO AND USE OF PublicSquare IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT PublicSquare AND THE PRODUCTS CONTAINED WITHIN ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” BASIS AND WE EXPRESSLY DISCLAIM WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER PublicSquare AND THE PRODUCTS CONTAINED WITHIN: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT PublicSquare, ANY PRODUCTS, OR YOUR INTERACTION WITH ANY THIRD-PARTY PROVIDERS OR SELLERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE EXCLUSIONS CONTAINED IN THIS SECTION MAY NOT APPLY TO YOU.

The parties hereto agree that PublicSquare will not be liable for any non-compliance, or delay in compliance, with any of the obligations we assume under these Terms or under other contracts, when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

(a) Strike, lockout, or other forms of protest;

(b) Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster;

(d) Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private;

(e) Inability to use public or private telecommunication systems;

(f) Acts, decrees, legislation, regulations or restrictions of any government or public authority; and

(g) Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.

It shall be understood that our obligations deriving from these Terms or other contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfill such obligations by an amount of time equal to the amount of time that the Force Majeure lasted. We will make all reasonable efforts either to end the Force Majeure (to the extent we can) or to find a solution that enables us to fulfill our obligations under these Terms despite the Force Majeure.

7. YOUR REPRESENTATIONS AND WARRANTIES

While using PublicSquare, you represent, warrant, and covenant, as applicable:

(a) You will comply with all applicable laws, including, without limitation, federal, state, and local laws and regulations;

(b) You are not located in, ordinarily a resident of, or organized under the laws of any jurisdiction that is subject to comprehensive United States government embargo (“Embargoed Jurisdiction”);

(c) You are not subject to any sanctions administered by any agency of the United States government, any other government, or the United Nations (“Sanctions”);

(d) You are not owned or controlled, directly or indirectly, by any person that is subject to sanctions, or that is located in, ordinary a resident of, or organized under the laws of any Embargoed Jurisdiction; and

(e) None of your officers, managers, directors, shareholders, or authorized representatives are (a) subject to Sanctions or are located in, ordinarily residents of, or organized under the laws of any Embargoed Jurisdiction or (b) owned or controlled, directly or indirectly, by any person or entity that is subject to Sanctions or that is located in, ordinarily a resident of, or organized under the laws of any Embargoed Jurisdiction.

8. GOVERNING LAW AND RESOLUTION OF DISPUTES; ARBITRATION AGREEMENT

8.1 General Arbitration Provisions. You and PublicSquare agree that—if we cannot informally resolve any dispute, controversy, or disagreement as set forth below (this “Arbitration Agreement”)—then any dispute, controversy, claim, or disagreement between us arising out of or relating to your use of PublicSquare, this Agreement, or prior or future versions of this Agreement, or any other aspect of your economic relationship with PublicSquare, including but not limited to any disputes, controversies, claims, or disagreements that arose before the effective date of this Agreement (hereinafter, any “Dispute” ), will be resolved by binding arbitration, rather than in court, except that you or we may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights. YOU AND PUBLICSQUARE HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT OR TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PublicSquare are instead electing that all Disputes shall be resolved by arbitration pursuant to these Arbitration Provisions. There is no judge or jury in arbitration, and judicial review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

8.2 All arbitration provisions herein shall be interpreted, applied, and enforced in accordance with the Federal Arbitration Act (“FAA”), and with any applicable state arbitration laws that are not expressly or impliedly preempted by the FAA. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. JAMS’s rules are available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you if you complied with the dispute resolution process set forth in Section 8.5. In addition, we will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth in Section 8.5, except that if you have initiated the arbitration claim, you will still be required to pay $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you.

8.3 Authority of Arbitrator. The arbitrator, and not any court, shall have exclusive authority to resolve any Dispute, including, without limitation, any dispute arising out of or related to the interpretation, application, revocability, or enforceability of these Arbitration Provisions or any portion thereof. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction to enter such judgment.

8.4 Class Action Waiver. YOU AND PUBLIC SQUARE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief (if applicable) only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by the party’s individual claim and injury. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action. This means that you may not seek relief on behalf or for the benefit of any other person, entity, or party in arbitration.

8.5 Informal Dispute Resolution Is A Pre-Condition To Arbitration. You and PublicSquare agree to try to resolve any Dispute informally before resorting to arbitration. You and PublicSquare therefore agree that before either party commences arbitration against the other, the parties will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). The party initiating a Dispute must give notice to the other party in writing of his, her, or its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within thirty (30) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to us that you intend to initiate an Informal Dispute Resolution Conference must be sent to us via www.publicsq.com and/or the PublicSquare mobile app. The Notice must include: (a) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); and (b) a reasonably specific description of your Dispute. Notice to you will be sent to the address or email address associated with your account, or to your publicly available address or email address if you do not have an account with us. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, unless all parties agree otherwise; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference, unless all parties agree otherwise. Engaging in the Informal Dispute Resolution Conference is a condition precedent and contractual requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this paragraph.

8.6 If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

8.7 This Arbitration Agreement will survive the termination of your relationship with us.

8.8 Notwithstanding any provision in these Terms to the contrary, if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: 250 S. Australian Avenue, Suite 1300 West Palm Beach, Florida 33401.

9. INTELLECTUAL PROPERTY

9.1 PublicSquare contains information regarding products, services and promotional programs, including advertising, trademarks, pictures, information, digital images, featured articles, surveys, applications, contests and sweepstakes, and other content (collectively, "Content"). Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. All Content included on PublicSquare is the owned or licensed property of Public Square or its Sellers. All such Content, separately and as a compilation, is protected by United States and international copyright laws and federal and state trade dress laws. All software used on PublicSquare is the property of Public Square or its software suppliers and protected by United States and international copyright laws. The Content and software on PublicSquare may be used as a shopping and information resource. Any other use is strictly prohibited.

9.2 No license to or right in any such copyrighted materials, patents, trademarks, trade secrets, technologies, products, processes and other proprietary rights of Public Square or any other Seller or third party is granted to or conferred upon you.

9.3 Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Public Square at 250 S. Australian Avenue, Suite 1300 West Palm Beach, Florida 33401.

10. ADDITIONAL TERMS

10.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. In contrast, we may freely assign or transfer this Agreement without notice to you. This Agreement inures to the benefit of, and is binding upon, the parties and their respective legal representatives and successors, and to Public Square’s assigns.

10.2 Entire Agreement; No Waiver. The Terms set forth herein, together with our , and any other legal notices or policies published on PublicSquare, shall constitute the entire Agreement between you and us concerning your orders and purchases of Products, your accessing and use of PublicSquare, and the whole of your relationship with Public Square as our Customer and as a PublicSquare User. This integrated Agreement supersedes all prior terms, agreements, discussions, and writings concerning the same. If any provision of these Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.3 No Third-Party Beneficiaries. These Terms do not, and are not intended to, confer any rights or obligations on any person other than you and PublicSquare.

10.4 Electronic Communications. Communications between you and PublicSquare may take place via electronic means, whether you visit PublicSquare or send PublicSquare e-mails, or whether PublicSquare posts notices on PublicSquare or communicates with you via e-mail, SMS messaging, or other electronic text messaging. For contractual purposes, you (a) consent to receive communications from PublicSquare in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PublicSquare electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

10.5 Indemnification. You agree to release, indemnify, and defend Public Square and all of its subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of PublicSquare; (2) your conduct or interactions with Sellers or with other users of PublicSq; (3) your breach of these Terms; and (4) your ordering, purchases, acquisitions, offering or sale of Products (whether or not prohibited by this Agreement or applicable law). We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

10.6 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PublicSquare, STATEMENTS OR CONDUCT BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY BUYER OR SELLER ON PublicSquare), AND ANY PRODUCTS PURCHASED, SOLD, OR OTHERWISE TRANSFERRED THROUGH PublicSquare, OR ANY OTHER MATTER RELATED TO THE PublicSquare. ACCESS TO, AND USE OF, PublicSquare IS AT YOUR OWN DISCRETION AND RISK.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF PublicSquare, AND ANY CONTENT OR MATERIAL AVAILABLE THEREIN, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS POSTED THERETO OR INFORMATION ASSOCIATED THEREWITH, EXCEED THE GREATER OF (A) TEN DOLLARS ($10) OR (B) THE AMOUNT RECEIVED BY US DIRECTLY RELATING TO THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.7 Notice. Whenever you provide us an e-mail address, mailing address or phone number to Public Square, you alone are responsible for providing us contact information that is valid and current. In the event that contact information you provide to us is invalid, outdated, or inaccurate, or for any other reason is not capable of delivering to you any notice or communication allowed or required by these Terms, our dispatch of such notice(s) or communication(s) to whatever contact information you provide us will nonetheless constitute effective notice to you.

10.8 Severability. If any provision of these Terms is determined, by an arbitrator or otherwise, to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government entity or agency, such provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under any applicable law, and no other provision’s validity or enforceability shall be affected.

10.9 Survival. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, certain provisions pertaining to access to or use of PublicSquare, Dispute resolution, and/or general or additional provisions, shall survive the termination or expiration of this Agreement.

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