DRIVER PROGRAM TERMS OF SERVICE AGREEMENT

Last updated on January 21, 2026

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS” INCLUDING GENERAL WEBSITE TERMS) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.STICKR.CO OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTION 21). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 20 . THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Important Billing Notice – Please Read

When you join a Stickr campaign, you may see two related entries on your bank or card statement. This is normal and expected.

First, you’ll see a temporary $19 authorization. This is not a charge. It is simply a standard verification hold used to reserve your custom decal and confirm your card is valid. No funds are taken at this stage.

If your decal is not installed and verified within 14 days, that same authorization is then captured as a one-time $19 charge to cover the cost of printing and shipping your decal. If you install and verify your decal on time, the authorization automatically drops off and you are never charged.

Because this process involves an authorization followed later by a capture, some banks display it as two separate entries. This does not mean you were charged twice.

If you have any questions at all, please contact us directly at hello@stickr.co and we will resolve it immediately. We ask that you do not file a chargeback, as doing so can delay resolution and is unnecessary—we are always happy to help.

Satisfaction Guarantee & Refund Policy

At Stickr, we want every driver to feel completely confident participating in our programs. If at any time you are not satisfied with any product or service we provide, you may request a full refund for any reason.

Our Guarantee

You may request a full refund for any payment made to Stickr within the past 90 days
Refunds are available even if a decal was installed or a campaign was activated
Refunds may include multiple monthly payments made within the 90-day period
No explanation is required

Our goal is simple: if you’re not happy, you don’t pay.

How to Request a Refund

You may request a refund in either of the following ways:

Email hello@stickr.co from the email address associated with your account, or
Go to www.stickr.co and click “Manage Account,” and submit a refund request through your dashboard

Please include your name and the email address used at signup so we can locate your account quickly.

Refund Processing

Refunds are issued to the original payment method
Please allow up to 10 business days for the refund to appear, depending on your bank or card issuer
Once a refund is issued, your participation in the applicable program or membership will be cancelled with no further obligation

Gift Cards, Cash & Incentives

If gift cards or other incentives were issued as part of your participation, Stickr may deduct the value of any issued or redeemed incentives from the refunded amount, where permitted by law.

Decals & Physical Items

Refunds are available whether or not a decal was installed
In some cases, we may ask that unused decals be returned but refund will be issued regardless.
Replacement decals may also be returned unused within 30 days of purchase for a full refund, including any shipping

Fair Use

This policy is intended to be generous and driver-friendly. We reserve the right to limit or deny refunds in cases of fraud, abuse, or repeated refund activity.

1. General

This Driver Program Terms Of Service Agreement (the “Driver Terms” or “Agreement”) serves as a binding legal contract between Stickr LLC, a Delaware limited liability company (“Stickr,” “we”, “us”, or “our”) and you (“you”, “your” or “user”) regarding your participation in the Stickr Driver Program (the “Driver Program”). Because you must use our website, Stickr.co (the “Site”) to participate in the Driver Program, you are required to agree to our General Terms, which include our Privacy Policy, in addition to these Driver Terms. By registering to participate in the Driver Program, you are agreeing to these Driver Terms and our General Terms (collectively “All Terms” or “Terms”), which are incorporated as part of this Agreement. You must carefully read and agree to All Terms before registering. If you do not agree to any of these Terms, you are prohibited from participating in the Driver Program and you may be completely prohibited from using this Site for any purpose.

We may update any Terms or All Terms at any time without specific notice to you. However, you will be required to reread All Terms each month you verify your decal installation. The date of the last modification to each set of Terms will be posted at the top of each set of Terms.

2.Your Obligations After Registration; Compensation

The month that you install and properly verify installation of your sticker is the month that your campaign begins (you have 90 days to verify installation of your sticker and receive your full refund). At the beginning of the following month and each month after that until your campaign ends you will verify participation in the applicable campaign in order to receive your allotted Restaurant gift cards. Each month, you must submit a new photo to Stickr.co showing that the decal is still installed properly on the vehicle. This photo submission MUST be received NO EARLIER than 12:00 am (Mountain Time) on the 1st day of the month and NO LATER than 12:00 pm (Mountain Time) on the 2nd day of the month. Any photo submissions received after Noon on the 2nd day of the month (Mountain Time) will not be accepted and the driver you will not receive compensation for that month. NO EXCEPTIONS.

By completing your registration to participate in the Driver Program, you acknowledge, agree, warrant and represent as follows:

The Driver Program is not a job and should not be considered a form of employment. You will not be earning an income that would allow you to support yourself as if it were a traditional job. You could potentially earn upwards of $2,400 in Restaurant gift cards (total combined value assuming a driver chooses a campaign paying $200/mo in gift cards and participates each month) by participating for a year. If you do not install the decal you could lose money. If you do not verify the sticker placement on your car each month you will not earn gift cards that month and therefor will not earn $2,400 for the year. If you do not participate with a sticker on your car each month for the whole year you will not earn $2,400. If you do not choose a campaign that offers at least $200/mo in gift card earnings you will not earn $2,400 for the year. It is important to note that when we use the term “compensation,” we are referring Restaurant gift cards. The $2,400 in gift cards is to demonstrate what you COULD earn assuming you choose a campaign that pays at least $200/mo in gift cards and continue with that campaign or another campaign for 12 months straight. If the campaign chosen has a typical expiration date of 4 months you'll need 3 campaigns back to back to back each verifying installation properly and on time along with proper sticker verification each month for all 12 months. Most drivers earn less than this $2,400, and many do not participate every month. This figure is an example only, not a guarantee of typical results.

Example only: A driver who (i) selects a campaign offering up to $200 per month in Restaurant.com gift cards, (ii) installs the decal correctly, and (iii) completes all required monthly verification steps for twelve (12) consecutive months could receive up to $2,400 in Restaurant.com gift cards over a year. Most drivers earn less than this amount, and many drivers do not participate in a campaign every month.

If you enrolled under prior terms, those prior terms continue to govern your original agreement. These updated terms apply to new driver enrollments as of the ‘Last updated’ date above.

Current Driver Model Terms:

By joining a campaign and reserving your custom decal, you authorize Stickr to process a refundable verification charge of $19. This charge confirms your eligibility and covers the cost of producing and shipping your decal and is processed immediately and is not an authorization or hold.

How the refund works:
• Install your decal and complete verification within 90 days → Your $19 is refunded in full. Refunds are issued to the original payment method within 7-10 business days after approval as dictated by bank timelines.

When the charge may not be refunded:
• If installation is not completed within 90 days
• If verification steps are not followed
• If the decal is not placed as required

Your card information remains secure, and no additional fees are ever charged without your consent.

There are optional programs and benefits the driver can opt into but these programs are NOT required for participation.

3. Sticker Installation

This image below shows proper installation of your sticker as required for sticker refund:

4. Compensation by Gift Card

Each driver who elects to participate in a campaign that offers a gift card as compensation, in whole or part, will (presuming the driver remains eligible) receive a gift card to Restaurant.com. The gift card amount may vary depending on the campaign or terms. Gift card compensation is not offered as anything other than a gift card through Restaurant.com. We do not use any other type of gift card as compensation. By agreeing to the terms of a campaign as published on the Site, drivers are agreeing to receive a gift card for Restaurant.com. Any applicable gift card will be made available to the driver after decal installation has been verified for the month during a campaign. Gift cards are sent to each applicable driver via email to the email address provided at signup or via the driver’s online dashboard (or both). Gift cards are not sent via mail and are not physical gift cards; they are digital gift cards redeemable with a unique code through Restaurant.com in $25 increments. Gift cards must be redeemed within 60 days of receipt or they may be forfeited. We may send notices about Gift Card compensation expiring but we are not obligated to do so. The face value of any gift card provided will be considered and counted as compensation for driver earnings.

Redeeming your Restaurant.com Gift Cards

Only one $25 gift card can be redeemed at a time. Once a gift card is successfully redeemed and added to your restaurant.com account, you can redeem the next gift card. For any questions, please email hello@stickr.co. Do NOT contact restaurant.com if you have any issues with your gift card, they will direct you to us.

Redeem Instructions:

To request a gift card, login to your driver profile and click the button that says "Request New Gift Card," then “Click Here” in the “Redeem URL” column. The URL is ONLY available for 24 hours. If you do not redeem the gift card within 24 hours after doing this your gift card will reset to "Not Requested" and you will have to request it again.

After you click “Click Here,” the gift card should have opened up in a new tab. On the gift card, click "Redeem" to be redirected to the restaurant.com page.

On that page, you see $25 in the upper righthand corner and an area for you to enter your zip code. Enter your zip code and click "Search".

Now you can see a list of the restaurants that accept restaurant.com, simply select the certificate you want. From there, all you have to do is click the desired certificate amount ($10 or $25) and click "sign in". This will direct you to a sign in/ create an account page. Follow the steps to either sign in or create an account and the certificate you selected will be redeemed to that account!

Once your gift card amount is BELOW $25, you can request the next gift card. Repeat the instructions above to request a new card!

5. Compensation by Cash Earnings

Cash earnings are available through the occasional cash paying campaign. These campaigns are rare but we are working towards adding more of them. They are made available to drivers who have properly verified their participation in a valid campaign as explained above. Cash earnings are loaded into each driver’s virtual wallet located on their individual profile on our system. If earnings are not cashed out by a driver and are left in the driver’s virtual wallet for more than 60 days, Stickr may expire those earnings. You may receive prior notice to the expiration of those earnings but Stickr is not obligated to do so. If Stickr expires any earnings, the driver will forfeit the right to those earnings and/or any type of reimbursement for those earnings including any rebates. To avoid forfeiting any cash earnings, reimbursement or rebates, we recommend that drivers cash out their earnings within 60 days of receipt. Except for occasional cash campaigns all other earnings will be through Restaurant gift cards.

6. Refund and Return Policy

Important Billing Notice – Please Read

When you join a Stickr campaign, you may see two related entries on your bank or card statement. This is normal and expected.

Because this process involves an authorization followed later by a capture, some banks display it as two separate entries. This does not mean you were charged twice.

Satisfaction Guarantee & Refund Policy

Our Guarantee

You may request a full refund for any payment made to Stickr within the past 90 days
Refunds are available even if a decal was installed or a campaign was activated
Refunds may include multiple monthly payments made within the 90-day period
No explanation is required

Our goal is simple: if you’re not happy, you don’t pay.

How to Request a Refund

You may request a refund in either of the following ways:

Email hello@stickr.co from the email address associated with your account, or
Go to www.stickr.co and click “Manage Account,” and submit a refund request through your dashboard

Please include your name and the email address used at signup so we can locate your account quickly.

Refund Processing

Refunds are issued to the original payment method
Please allow up to 10 business days for the refund to appear, depending on your bank or card issuer
Once a refund is issued, your participation in the applicable program or membership will be cancelled with no further obligation

Gift Cards, Cash & Incentives

If gift cards or other incentives were issued as part of your participation, Stickr may deduct the value of any issued or redeemed incentives from the refunded amount, where permitted by law.

Decals & Physical Items

Refunds are available whether or not a decal was installed
In some cases, we may ask that unused decals be returned but refund will be issued regardless.
Replacement decals may also be returned unused within 30 days of purchase for a full refund, including any shipping

Fair Use

This policy is intended to be generous and driver-friendly. We reserve the right to limit or deny refunds in cases of fraud, abuse, or repeated refund activity.

7. Lifetime Driver Terms; Automatic Payment; Cancellation; Early Termination ; Uninstalled Decal

If you opt into this Lifetime Driver Program you agree to pay Stickr a monthly membership fee of $9.99 of $7.99 until your membership is cancelled. The monthly fee will be automatically charged on the same day of each month that you completed your membership registration. You many cancel your membership at any time and for any reason by sending notice via email to Stick at hello@stickr.co. We reserve the right to cancel your membership at any time and for any reason. If we elect to cancel your membership, we will notify you through the email address linked to your driver profile, unless membership is terminated for payment reasons, in which we are not required to provide you with any notice. Any notice of cancelation will be effective upon being sent; however, YOU MUST PROVIDE NOTICE OF CANCELLATION AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH TO AVOID BEING CHARGED THE MEMBERSHIP FEE.

You are responsible for paying all sums due to Stickr as required by these Terms. The first fee payable is due at the time you register as a member in the Lifetime Driver Program. Your ability to participate in the Program is conditioned upon your compliance with All Terms, which includes successfully setting up autopayment for the monthly membership fee and timely making payment when due.

Every calendar month, on the same day that you completed your registration (the “Enrollment Date”), your account will be charged the monthly membership fee, plus any applicable tax, for your membership for the following month, together with any other fees due for the following month, plus any previously accumulated charges (collectively, “Fees”). Your failure to actively participate in the Program does not relieve you of your payment obligations under these Driver Terms.

The Fees may be paid by credit card or debit card, and you expressly authorize us to charge the card you provided for all Fees, including the monthly membership fee, on a recurring basis on the Enrollment Date. Payment information will be collected and stored by a third-party provider. Other than the last four digits and the expiration date of the card used to make payment, we do not store any banking information. All banking information is stored with our third-party payment processor. As a result, you are responsible for reviewing, agreeing and complying with any obligations, terms or policies required by such third-party. We assume no liability and make no representations or warranties concerning any third-party payment processor.

We reserve the right to immediately terminate your membership in the Program without notice for failure to pay any Fees when payment is due. Termination of your membership in no way relieves or excuses you from any payment obligations owed under these Driver Terms.

8. Shipping Fees

Unless expressly stated otherwise, we reserve the right charge you for any applicable shipping and handling fees when sending you any physical product. We will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are only estimates and are subject to change. If your order will be delayed, we may attempt to contact you at the e-mail address you provided. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

9. Service Fees

We reserve the right to charge new members a one-time service fee, which may range between $1 and $5, at the time of membership enrollment. This fee allows us to defray the administrative and other costs associated with introducing new members into the Driver Program. This fee is not hidden and will always be visible you as a line item on the order summary page BEFORE checkout.

10. Minimum Age Required

You must be at least 18 years of age to participate in the Stickr Driver Program.

11. Compliance with Local and State Laws; Disclaimer

Stickr does not endorse, suggest the use of, or support the use of decal or window sticker advertisements for drivers in states that may have specific laws governing decal/ window sticker size and placement, or completely prohibit window stickers. It is your sole responsibility to first check the local and state laws applicable to you before putting a decal on your car. Stickr is not liable or responsible for any driver who places a decal on a vehicle in violation of any applicable law. Simply because Stickr ships a decal to a driver in a certain state, this does not mean that Stickr has verified that the driver’s participation in the Driver Program would not violate any applicable law. Laws change frequently in all 50 states. Unfortunately, we simply do not have the resources or ability to keep abreast of every local and state law across the nation concerning decal restrictions on vehicles.

It is your sole responsibility to ensure that your participation in the Driver Program does not violate any regulations, laws, property rights, or other legal obligations applicable to you. You are prohibited from participating in the Driver Program if your participation would violate any regulations, laws, property rights, or other legal obligations applicable to you.

12. Decal Risks; Disclaimer

After applying the decal, we recommend that you allow the decal to properly dry and then clean the entire window to ensure maximum visibility. The material Stickr uses for the decal advertisements is a perforated, one-way vision vinyl material designed for the rear window of the vehicle. The material is typically 50/50 rated, which means it should be nearly see through from the inside of the vehicle. However, this may not be the case, and it is each driver’s sole responsibility to ensure that the vehicle can be operated safely, with adequate visibility. Some drivers may experience reduced, limited or zero visibility through the vinyl material, particularly when adverse weather conditions occur, such as rain or snow. The operation of a vehicle without sufficient visibility may cause serious bodily injury or death.

By participating in the Driver Program, you agree, warrant and represent that (1) you assume any and all risks associated with the vehicle’s operation with any and all decals; (2) Stickr makes no representations or warranties as to whether any vehicle will be safe to operate with any decal provided by Stickr, and STICKR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, AS WELL AS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (3) you are solely responsible for determining whether your vehicle may be operated with any decal we provide to you; (4) neither Stickr, nor its owners, officers, or employees will be liable to you or any third party for any injury, damage, loss, or harm related to the use of, or operation of a vehicle containing, any decal provided by Stickr; and (5) you will defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon the operation of a vehicle with any Stickr decal, your use of any Stickr Decal, your participation in the Driver Program, or your breach of any of our Terms.

13. Commercial Auto Insurance; Disclaimer

It is your responsibility to determine if (1) you need or should purchase commercial auto insurance, and (2) you are required to do so by law in your state as a result of your participation in the Driver Program. Stickr makes no representations as to whether commercial auto insurance is needed, required or recommended in any state.

14. Testimonials, Reviews, and Pictures/Videos

Stickr is pleased to hear from its participants. If you provide us with a testimonial or review, which may or may not include pictures or video, you agree, represent and warrant as follows:

You hereby irrevocably and permanently grant, assign and convey to Stickr, its employees, officers, agents, assigns, owners, attorneys, or insurers (the “Released Parties”) the exclusive right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites (collectively “Publications”), your name, likeness, image, photograph, voice, and video as related to and in conjunction with any testimonial or review that you provide to Stickr, as well as the text of the review or testimonial itself (collectively “Materials”);

You irrevocably and permanently WAIVE ANY RIGHT TO ROYALTIES OR OTHER COMPENSATION arising from or related to the use of the Materials;

You irrevocably and permanently authorize the Released Parties to edit, alter, copy, exhibit, publish, and/or distribute all Materials for any and all purposes, including the purpose of promoting Stickr and/or its goods or services;

You irrevocably and permanently WAIVE FINAL RIGHT OF APPROVAL pending publication of any Materials; and,

You hereby acknowledge and agree that the Released Parties will be the exclusive owner of all rights, title, and interest, including copyrights, in any and all Materials, whether or not published.

15. Disclaimer of Warranties

WE DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY WEBSITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE, ANY INFORMATION ON THIS SITE AND/OR ANY SERVICES PROVIDED THROUGH THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE OR ANY SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SITE, PRODUCTS, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA, SERVICE OR PRODUCT WILL BE FREE FROM DEFECTS OR RELIABLE; (D) ERRORS OR DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; AND (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Unless specifically and expressly stated otherwise, WE PROVIDE ANY AND ALL ITEMS, INFORMATION, SERVICES AND PRODUCTS ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

16. Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR OWNERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY PRODUCTS OR SERVICES, REGARDLESS IF CAUSED BY OUR NEGLIGENCE OR GROSS NEGLIGENCE AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR ATTORNEYS FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

THE TOTAL AGGREGATE LIABILITY OF STICKR UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO STICKR UNDER THIS AGREEMENT. IN JURISDICTIONS WHERE LIMITATIONS ARE PROHIBITED, THE MAXIMUM DAMAGES SHALL NOT EXCEED THE STATUTORY LIMIT.

IF YOU ARE A CALIFORNIA RESIDENT THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

17. Indemnity

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon your breach of any of these Terms, your use of the Site, and/or your participation in the Driver Program. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.

18. Governing Law

This Agreement shall be governed in accordance with the laws of the State of Utah, USA, notwithstanding any conflict-of-law provisions to the contrary.

19. Waiver of Jury Trial

You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.

20. Jurisdiction; Disputes; Arbitration

With the exception of Stickr’s claims against you relating to intellectual property or injunctive relief, all disputes and claims relating to these Terms or any other agreement entered into between the parties, the rights and obligations of the parties, or any other claims or causes of action relating to the making, interpretation, or performance of either party under this Agreement, shall be settled by arbitration in Salt Lake City, Utah, in accordance with the Federal Arbitration Act and the Arbitration Rules of the American Arbitration Association (“AAA”). Once a written demand for arbitration is made by a party, the other party shall respond to the demand within ten (10) business days; failure to respond will permit the demanding party to seek resolution through the applicable courts located Salt Lake City, Utah. However, in the event the non-responding party attempts to subsequently participate in the court litigation, the demanding party, at its election, may compel the matter to be arbitrated in accordance with these Terms. To the extend a party attempts to contest the enforceability of this arbitration provision, arbitrability will be decided by the arbitrator, and the parties hereby waive any statutes that appear to state that a party may contest arbitrability based upon grounds available in law or in equity for the revocation of any contract. Neither party shall pursue class claims and/or consolidate the arbitration with any other proceeding to which Stickr is a party. Each party must bear its own costs of arbitration; provided, however, that all arbitration fees shall be initially shared equally by the parties. Any failure to equally share arbitration fees prior to the issuance of an arbitration award shall be considered a default and shall permit the non-defaulting party to move for judgment by default, which shall be awarded unless the default is cured within five (5) business days. The arbitrator’s award shall include all arbitration fees, costs and attorneys’ fees for the prevailing party. The arbitrators shall have no authority to amend or modify these Terms. Judgment upon the award of the arbitrator shall be submitted for confirmation to the United States District Court for the District of Utah and, if confirmed, may be subsequently entered in any court having competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of these Terms.

Notwithstanding the foregoing, Stickr’s claims against you relating to intellectual property or injunctive relief may be litigated in the applicable courts located in Salt Lake City, Utah, and the parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding. In the event you participate in the court litigation by asserting any defense and/or claim, Stickr, at its election and while continuing to seek injunctive relief from the Court, may compel all other matters, not pertaining to Stickr’s pursuit of injunctive relief against you, to be arbitrated in accordance with these Terms. These Terms and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and worldwide. Furthermore, you specifically agree, warrant and represent that neither these Terms nor any performance hereunder in any way constitutes the conducting of business by Stickr in any location other than Salt Lake City, Utah, and indeed agree that Stickr is not carrying on business in any jurisdiction other than the state of Utah.

YOU UNDERSTAND THAT YOU AND/OR YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

21. Class Action Waiver

You hereby agree to waive any class action proceeding or counterclaim against Stickr, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to these Terms or your use of the Site.

22. Our Non-exclusive Remedies

In the event of a breach or threatened breach by you of any of these Terms pertaining to intellectual property or unauthorized use of the Site, you hereby consent and agree that Stickr shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Upon the issuance of any injunctive relief, Stickr shall be entitled to recover from you, as part of the its costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

23. Attorneys’ Fees and Costs

If any arbitration, proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of these Terms, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

24. Assignability

This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party. However, Stickr may assign its rights under this Agreement at any time, without notice to you.

25. Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

26. Severability; Construction

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction and/or arbitrator such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments hereto.

27. Survival of Terms

Any provision of this Agreement which by its nature may survive the termination of this Agreement shall survive such termination, including, but not limited to, the provisions herein pertaining to indemnity, intellectual property rights, waiver or limitations of liability.

28. Limitation on Actions

You agree that any claim or defense arising out of or related to the use of the Site, or otherwise relating to these Terms, must be brought or asserted by you within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. This limitation provision shall not apply to Stickr’s claims or defenses asserted against you and/or any related third-party.

29. Force Majeure

Stickr shall not be responsible for, or be considered in breach or default of this Agreement, on account of any failure to perform or delay in the performance of any obligation hereunder caused by the death or disability of a member of Stickr, an act of God, fire, war, act of terrorism, insurrection, riot, labor disturbance (including strike and lockout), equipment malfunction, computer hacker, cut wire or fiber, governmental regulation or interference or other events not within the reasonable control of Stickr, regardless of whether such events or interference could or should have been foreseeable.

30. Electronic Signature

You agree that we may communicate electronically (such as through email or your driver profile) with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. Documents executed and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act ("E-Sign Act"), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act ("UETA") and any applicable state law. You agree that any document electronically accepted, executed or agreed to will be binding on each party as if it were physically executed.

31. Your Additional Representations and Warranties

You hereby further represent and warrant that: (1) you are at least eighteen years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) you have the legal right to enter into this Agreement and legally perform all actions contemplated by this Agreement, whether or not those actions are expressed or implied; (3) you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) you will not re-sell, re-distribute, or export any product or service that you obtain from us or through the Site. You further represent that Stickr has the right to rely upon all information you provide to Stickr, and Stickr may contact you and/or your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Site.

32. Contact

Any inquires or concerns should be sent to hello@stickr.co.