Purple Ocean Terms and Conditions

Last updated: October 1st, 2026

Welcome to the Terms and Conditions. This is a legal agreement between you and Barges Technologies, Inc., doing business as Purple Ocean and referred to in this Agreement as “Purple Ocean,” “we,” or “us.” Our policies may also be referred to as “policies,” “terms,” or “terms and conditions.” If Purple Ocean accepts your account registration, you will become a “User” and may access the Site and Services only under the terms described below. Some Users also become Advisors. Because successful registration as an Advisor enables you to use the Site and Services as both an Advisor and a User, this Agreement will refer to you in both capacities where appropriate.

Notice of Class Action Waiver and Arbitration Provision: these Terms and Conditions include a class action waiver and a mandatory arbitration requirement. Except for certain limited exceptions, any dispute, action, claim, or cause of action arising out of or related to these terms or these Terms and Conditions must be resolved through individual arbitration and may not be arbitrated or otherwise pursued as a class action. Please see the mutual arbitration provision described below for additional details.

Please read these Terms and Conditions carefully before using the Purple Ocean website or mobile application. This Agreement governs your use of the Purple Ocean mobile application (including all related documentation, the “Application”) and the Purple Ocean website (“Website”). Together, the Application and Website are referred to as the “Service.” The Application is licensed, not sold, to you under the terms of this Agreement.

The Service is for entertainment purposes only.

By accessing, downloading, or using the Service, you acknowledge and represent that:

i. You are eighteen (18) years of age or older and otherwise capable of entering legally binding contracts under applicable law; and

ii. You have read, understand, and accept the terms of these Terms and Conditions and agree to be legally bound by them.

If you do not agree to the terms of these Terms and Conditions, do not download, install, or use the Application, and delete it from your device.

The policies below limit our liability and obligations to you and permit us to change, suspend, or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to review this Agreement along with all other applicable policies, including our Privacy Policy and our Advisor Terms and Conditions.

By accessing or using the Service, you agree to be bound by these terms as well as any additional terms contained in our other policies and agreements that may apply to you. These terms apply to all visitors, clients, advisors, and others who access or use the Service. Your use of the Service is conditioned on your acceptance of and compliance with these terms. Advisors must also read and agree to the additional policies applicable to their use of the Service.

For convenience, we refer to the Purple Ocean website, Mail (emails sent from your User account to another User), Chat (live chats between Users), phone services, video services, and all related content as the “Site.” We refer to any advice, information, entertainment, or other products or services you may receive from other Users or from their listings on the Site as the “Services.” All individuals who access the Site or provide or receive Services are referred to as “Users.”

The policies and terms below limit Purple Ocean’s liability and obligations to you. Purple Ocean may change, suspend, or terminate your access to the Site and Services at any time if, in Purple Ocean’s sole discretion, you violate any terms or policies. Please read all terms and conditions carefully, along with any additional policies referenced here or available on the Site.

The following policies and rules are incorporated into these Terms and Conditions by reference and include additional terms and conditions that Purple Ocean may modify from time to time:

• User Services Rules Policy
• Payment Policy
• Privacy Policy
• Advisor Terms and Conditions
• Photo and Video Policy
• Mobile Messaging Terms of Service
• Adult Content Policy

If any conflict exists between the terms of these policies and these Terms and Conditions, the terms of these Terms and Conditions will govern.

1. Acceptable Use

Eligibility to use the Site and Services is limited. The Site and Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Services are not available to Advisors or Users who have not accepted these Terms and Conditions, or who Purple Ocean has suspended from use of the Site or Services. You shall also not use this Site or Services if your use is prohibited by the laws of the United States or any other country.

2. You consult with Users or provide Services at your own risk

(a) Purple Ocean does not evaluate, provide, produce or control the Services, or information or exchanges between Users, in any manner. Although Advisor profiles may contain verified credentials, the verification services are provided by third parties. Purple Ocean does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the credentials, identity or qualifications of any User. Further, Purple Ocean does not make editorial or managerial decisions concerning content, nor will Purple Ocean be held responsible for any User’s failure to comply with laws or regulations concerning the content of listings. Purple Ocean provides a technology service that allows Users to share advice, information and other products or Services among themselves. Although Purple Ocean enables its Users to connect with each other, it does not monitor the advice exchanged, and, as a result, Purple Ocean does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users, including without limitation any information contained in User listings or made available through this Site.

Purple Ocean is not responsible for the use or exchange of any information, files or goods between Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services, in evaluating the qualifications of, and statements made by Users in listings or through the User feedback system, and in disclosing personal information to other Users. Purple Ocean prohibits any User from requesting that another User disclose personal contact information. Purple Ocean prohibits any user from exchanging personal contact information. If you voluntarily disclose your own personal contact information to another User, you do so at your own risk.

Placement of a User in a particular category does not mean that they are qualified in any such area or category. Purple Ocean assumes no responsibility for monitoring any User feedback or otherwise policing its Users in any way. If you ever believe that a User has violated the law or is defrauding, threatening or endangering anyone, Purple Ocean urges you to immediately contact the law enforcement, welfare services or other appropriate authorities directly for help. In addition, Purple Ocean prohibits Users from using the Site or Services to solicit other Users to meet with them in person. If you do meet with other Users, you do so at your own risk.

(b) Purple Ocean does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information, entertainment services or other products or services provided by Users, or any specific User or Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any User or group of Users by Purple Ocean. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Services. Users who initiate, receive and/or discontinue use of the Services do so entirely at their own risk, and Purple Ocean bears no responsibility in this regard. We may monitor or record your live telephone conversations with other Users for operational purposes, including for technological quality assurance purposes. By agreeing to these Terms and Conditions or by using the Site, you consent to our monitoring or recording your live telephone conversations as just described. Purple Ocean also reserves the right to monitor pre-recorded calls, review Video, Mail and Chat and to contact Users in order to evaluate compliance with the rules and policies set forth in these Terms and Conditions and to take other action as set forth in the Privacy Policy. We urge you to review and understand the Privacy Policy. As part of these Terms and Conditions you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by its terms.

(c) If you have a dispute with another User, or suffer any harm arising out of or connected with any Services provided by another Advisor, you hereby waive all claims against and release Purple Ocean (and its parents, subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such other User or his/her Services or with regard to disputes relating thereto. This provision is further supplemented by Appendix A relating to Release of Liability.

3. Purple Ocean may suspend or terminate your use of the Site or Services, at any time

(a) Purple Ocean reserves the right to suspend, terminate, or modify your use of the Site or Services at any time. We reserve the right to modify the Site or Services or any other software, products or services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation, your sole remedy shall be to terminate this Agreement as set forth herein. Continued use of the Site, Software or any software, products or services following any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the software, products and/or services as so modified. We may change the terms of these Terms and Conditions from time to time, by updating these terms as posted online and/or in the applicable software. Any such changes will become effective when notice is received or when so posted, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Site, Services or any software, products or services following such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes. We may elect in our discretion to notify you of any changes and/or ask you to confirm acceptance of the new terms upon your first visit to use the Site or Services after posting of the change as a condition of continuing to use the Site or Services. If a returning User or Provider does not agree to the new terms, such User or Provider may cease using the Site and Services and cancel his/her Account as the User's sole remedy. Continued use thereafter will indicate your consent.

(b) Without limiting other remedies, Purple Ocean may at any time suspend or terminate your right to use the Site or Services without reason as determined by Purple Ocean in Purple Ocean's absolute and sole discretion. In addition, Purple Ocean may notify your bank and/or authorities or take any actions it deems appropriate or as required by law if Purple Ocean: (i) suspects that you have failed to comply with any provision of these Terms and Conditions or any policies or rules established by Purple Ocean; (ii) is unable to verify or authenticate any billing or payment information you provide to Purple Ocean; or (iii) suspects that your actions may be illegal or cause liability, harm or disruption for you, other Users, Purple Ocean or the Site. You have the right to cancel your acceptance of these Terms and Conditions at any time by filling out the Customer Support form and selecting "Cancel Account" in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Purple Ocean.

4. Purple Ocean's limited role

(a) You (i) appoint Purple Ocean as your limited agent where applicable to receive payments on your behalf for Services you provide and (ii) agree that receipt by Purple Ocean of any such payment constitutes receipt by you and satisfies the payor's obligation to make such payment to you. Except as otherwise set forth in this Section, Purple Ocean acts only as an interface to facilitate communications initiated between Users.

(b) Except as otherwise set forth in this Section, as a User, you are not an employee, agent or contractor of Purple Ocean, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Services, obtaining any licensing required to provide Services or use the Site, and for reporting and payment of all taxes associated with the use of the Site or provision of Services, including any payments you receive for Services you provide. Purple Ocean accepts no responsibility for reporting to law enforcement agencies any threats made by Users to harm themselves or third parties or take any illegal action. Any such responsibility lies with the User alone.

5. Prohibited Content

We reserve the right to monitor any and all communication through the Service. By using the Service, You understand and agree that the following behavior is strictly prohibited and is not permitted at any time while using the Service:

1. Using vulgar, abusive, obscene, racially offensive, sexually offensive or otherwise offensive or discriminatory language.
2. Harassing, threatening or intimidating another User.
3. Engaging in manipulative, deceptive or otherwise unethical behavior toward another User.
4. Sending or requesting sexually explicit images or other offensive content.
5. Requesting advice or predictions related to medical issues. This includes, but is not limited to, diagnosis of illnesses, provision of treatments, prescription of medications, as well as advice or predictions related to pregnancy.
6. Requesting advice or predictions related to legal issues. This includes, but is not limited to, the outcome of court cases, whether criminal charges will be issued or dropped, whether legal action is imminent, as well as whether legal action is necessary.
7. Requesting advice on topics wherein a minor is or could be in danger. This includes, but is not limited to, situations such as grooming, child abuse and domestic violence.
8. Requesting advice related to taxes, the value of securities, or the advisability of investing in, purchasing, or selling securities or any other negotiable instruments.
9. Requesting advice related to gambling activities or the payment or acceptance of payments relating to gambling activities, including but not limited to sports betting and lottery.
10. Discussing or organizing illegal activity of any kind.
11. Engaging in any other conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or regulation.
12. Sharing or requesting any form of personal contact information (phone numbers, social media, email addresses, etc), including information belonging to third parties.
13. Offering to sell services to other Users off-platform or attempting to circumvent Purple Ocean’s billing system in any other way.
14. Linking to, directing Users to, or otherwise promoting any outside website, platform, marketplace or service where goods or services are offered, sold, or purchased, including but not limited to competitive services.
15. Infringing on another’s intellectual property, including, but not limited to, any copyright, trademark, rights of publicity, or other proprietary rights.
16. Impersonating or attempting to represent any employee of Purple Ocean or Purple Ocean itself.
17. Exploitation of, or the posting or requesting of any information from, a minor (anyone under the age of 18).
18. Posting, storing or transmitting advertising, promotional material, or solicitations of goods or services, except where expressly permitted by Purple Ocean.
19. Attempting to gain unauthorized entry to any computer system or network connected to the Site and Services.
20. Transmitting any virus, worm, trojan horse, or other harmful or disruptive component.
21. Invading the privacy of any User or other individual.
22. Undermining, disrupting or manipulating the integrity of the User feedback rating system.
23. Exploiting, manipulating, or otherwise misusing any promotions, discounts, incentive programs, or other special offers made available through the Site.

You understand that if You cause or participate in any of the above-mentioned activities while using the Service, your account is subject to termination and your actions may be reported to the proper authorities when appropriate.

6. You are solely responsible for the use of your User account and agree to the following fee and payment terms:

(a) The rates for Services are as set forth in the applicable listing. A "Conversation" refers to any live call or Chat. "Transaction" means any Conversation or pre-recorded call through the Site initiated using your password and User account. You hereby authorize Purple Ocean to collect fees for each Transaction by debiting your User account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for Conversations and pre-recorded calls are calculated based on the per-minute rate listed and the duration of the transaction. Purple Ocean reserves the right to offer, from time to time and subject to change at any time, promotions or special offers and may limit eligibility for promotional or special offers. Fees for recorded calls are determined based on the listed fee. You authorize Purple Ocean, directly or through third parties, to make any inquiries we consider necessary to validate your User account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.

(b) You agree to never allow another person access to your User account. You agree to maintain the confidentiality of your password and User account information, and agree that you are responsible for all activities that occur under your User name, password and User account.

(c) You are solely responsible for all use made of the Site and Services under your password and User account and agree to pay for all Services purchased using your password and User account information. You agree that Purple Ocean is not responsible for any loss that you may incur as a result of any unauthorized person using your User account or password. You agree that Purple Ocean may use information provided by you as described in the Privacy Policy.

(d) Based on User account use, and other factors identified by Purple Ocean in its sole discretion, Purple Ocean may verify your credit, identity and/or other background information in order for you to continue using the Site or Services. In such event, you agree to provide Purple Ocean with additional information that may be requested; you consent to Purple Ocean's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information; and you authorize Purple Ocean to obtain a consumer credit report or information from consumer credit reporting agencies and to verify your identity.

7. Intellectual Property and Ownership

(a) Purple Ocean shall own all right, title and interest in Services and the Site, its entire contents and functionality, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto, created by or derived from the Site. Except as noted below, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Purple Ocean or any third party.

(b) You understand and agree that you will have no right, title and interest to any User listing name and that User listing names may be recycled by Purple Ocean to other Users if you are not actively using them or your User account has been terminated. Further, you hereby grant to Purple Ocean, its distribution partners, affiliates, and similar third party website/media providers of Purple Ocean's choice, the non-exclusive right and license to do the following with any information you post for public display via the Site or Services, all as part of delivering its Services and for related advertising of the Site and Services: use, copy, distribute, display or reference in any media form, whether now existing or later developed, your listing information, including without limitation, your listing name, tags, descriptions, photos, Purple Ocean buttons, or your User information, including without limitation, your user name, registration date, conversation lengths, and submitted ratings and/or written feedback for Services.

(c) As a User, you are granted a nonexclusive, non-transferable, revocable and limited license to access and use the Site and Services in accordance with these Terms and Conditions. Purple Ocean may terminate this license at any time for any reason whatsoever. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof. If your account has been disabled, you will not be able to obtain chat or mail content.

(d) You may not create any derivative or similar work or technology based upon any Intellectual Property of Purple Ocean, an affiliated company, or its licensors. You may not sub-license, assign, transfer, sell or make any other commercial use of your usership in the Site and Services. You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Purple Ocean or the Site and Services, or take any other action which infringes or impairs Purple Ocean’s trademark rights.

(e) Purple Ocean and its licensors own all rights, title, and interest in the Site and Services, including all content, design, graphics, logos, trademarks, trade dress, software, features, and other proprietary materials, except for content owned by Users or third-party suppliers. Subject to these Terms, Purple Ocean grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services for their intended purposes. You may not copy, modify, reproduce, frame, scrape, exploit, or use any Purple Ocean content, trademark, logo, trade dress, meta tag, hidden text, or other proprietary material without Purple Ocean’s prior written consent, or in any manner that is false, misleading, derogatory, confusing, or suggests an unauthorized affiliation, endorsement, or sponsorship. You may link to the Purple Ocean homepage so long as the link does not portray Purple Ocean, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner, and you may not use any Purple Ocean logo, trademark, or proprietary graphic as part of such link without prior written permission.

This section shall survive expiration or termination of this Agreement.

8. Disclaimer, Warranty, Liability and Indemnification

(a) The Site, the Service, and any services or goods obtained through them are provided “as is” and “as available,” with no warranty of any kind. Purple Ocean and its suppliers expressly disclaim all warranties, whether express or implied, regarding the Site, the Service, Third Party Services, advisor or user communications, user content, and any information obtained through the Service. This includes, without limitation, implied warranties of quality, availability, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or performance. Purple Ocean does not represent or warrant that operation of the Site or Service will be uninterrupted, error-free, secure, timely, virus-free, or reliable, and the Service may contain bugs, errors, or other limitations. These disclaimers apply to the fullest extent permitted by law; to the extent any jurisdiction limits such disclaimers, they apply only to the extent required by such law.

(b) The Service is a search, directory, and communications platform that enables connections between Users seeking services and individuals or companies that provide them (“Third Party Services”). Purple Ocean does not evaluate, provide, produce, or control Users, clients, advisors, or any information exchanged through the Service, nor does it guarantee or warrant the reliability, quality, qualifications, licensure, safety, legality, completeness, appropriateness, timeliness, accuracy, applicability, or suitability of any advisor, provider, user, or Third Party Service. Purple Ocean is not responsible for the conduct, online or offline, of any User, advisor, or third-party service provider. Individuals providing Third Party Services are not employees or contractors of Purple Ocean. You agree to exercise caution and common sense when interacting with advisors or providers and agree that Purple Ocean is not responsible for any liability, damages, or disputes arising out of such interactions or services. Advisors or providers posting in the directory grant Purple Ocean a license to use their listings, including content, information, names, marks, and logos, in the directory and in promotion of the directory and the Service.

(c) Your use of the Service is at your sole risk. No advice or information obtained from Purple Ocean, whether through the Site or Service, creates any warranty not expressly stated in this Agreement. Purple Ocean is not liable for any error, omission, interruption, deletion, defect, delay, communication failure, theft, destruction, unauthorized access, technical malfunction of networks or systems, or any damage to devices arising from use of the Service.

(d) You acknowledge, confirm, and agree that the Service is for entertainment purposes only and is not designed for emergencies, medical or psychological purposes, therapy, or as a substitute for professional medical, financial, investment, or legal advice. Purple Ocean is not a medical practice, financial services firm, or legal service provider, nor is it registered or engaged in those professions. Any reliance on advice or information from an advisor, client, or user is solely at your own risk. You bear sole responsibility for your own acts, omissions, and content in connection with the Service. If you are experiencing suicidal thoughts, feel you may be a danger to yourself or others, or have a medical emergency, call emergency services (such as 911) immediately. Purple Ocean and third-party providers expressly disclaim any liability or loss related to content provided through the Service.

(e) To the maximum extent permitted by applicable law, Purple Ocean, Barges Technologies, Inc., and their parents, subsidiaries, affiliates, directors, employees, partners, agents, suppliers, licensors, successors, and assigns are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind. This includes, without limitation, loss of profits, data, use, goodwill, business interruption, litigation costs, intangible losses, medical or legal malpractice damages, pain and suffering, theft, property damage, personal injury or wrongful death, or any damages arising from or related to:

(i) your access to, use of, or inability to use the Service;

(ii) any conduct or content of any third party, advisor, provider, or user on or through the Service;

(iii) any Content obtained from or provided to the Service;

(iv) following or relying on an advisor’s recommendations or advice, or actions taken by you in response; or

(v) unauthorized access to, use of, or alteration of your transmissions, communications, or content;

whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if Purple Ocean has been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

(f) Purple Ocean and its parents, subsidiaries, agents, or suppliers will not be liable for interruptions, errors, or any failure of Third Party Services to be provided. Their aggregate liability to you arising out of or related to this Agreement will not exceed the greater of:

(i) the total fees actually earned by Purple Ocean from you (after payments to users and other third parties) in the previous twelve (12) months, or

(ii) two hundred dollars ($200).

For residents of New Jersey, nothing herein limits your ability to recover damages or attorneys’ fees if mandated by statute. In a separate limitation applicable to certain uses of the Service, Barges’ liability to you, regardless of the form of action, will not exceed fifty dollars ($50). If no fees have been paid, you are limited to injunctive relief only unless otherwise permitted by law.

Any cause of action arising out of or relating to these terms or the Service must be commenced within one (1) year after it arises, or it is permanently barred.

(g) You agree to defend, indemnify, and hold harmless Barges Technologies, Inc., Purple Ocean, and their employees, parents, subsidiaries, agents, representatives, officers, directors, contractors, licensors, and licensees, from and against any and all claims, damages, losses, liabilities, obligations, costs, debts, and expenses (including attorneys’ fees) arising out of or relating to:

(i) your use of the Service, whether by you or by anyone using your account;

(ii) your violation of this Agreement, the Advisor Terms and Conditions, or any other governing agreement;

(iii) your violation of any representations or warranties made to us;

(iv) your violation of any law or third-party rights; or

(v) any content you post or upload, including user content, third-party content, or content from third-party sites.

You further agree to hold harmless, defend, and indemnify Purple Ocean from any liability related to your provision of services to others through the Site, including claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees of any kind (known or unknown, foreseeable or unforeseeable, disclosed or undisclosed). Purple Ocean will provide written notice of such claims and may withhold payments to offset liabilities and expenses.

9. License

Our Service allows You to post, link, store, share and otherwise make available certain information, messages, communications, text, graphics, images, audio, video, or other material (“Content”). You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

With this Agreement, we grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service only for its intended use – to submit questions to and receive advice and feedback from Advisors for your personal entertainment only. We may terminate this license at any time for any reason whatsoever. You understand and agree that You are not permitted to use the Purple Ocean logo or any of Barges’ patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses as it is with respect to the Service for any purpose whatsoever, including, but not limited to, the advertising and marketing of your services.

10. Collection and Use of Your Information

You acknowledge that when You download, install or use the Application, Barges may use automatic means (including, for example, cookies, Apple’s Advertising Identifier (“IDFA”), and Google’s Advertising ID) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about yourself with others. All information We collect through or in connection with this Application is subject to Our Privacy Policy.

BY DOWNLOADING, INSTALLING, USING AND PROVIDING INFORMATION TO OR THROUGH THIS APPLICATION, YOU CONSENT TO ALL ACTIONS TAKEN BY US WITH RESPECT TO YOUR INFORMATION IN COMPLIANCE WITH THE PRIVACY POLICY.

Purple Ocean may retain your information for the purposes and timeframes as set out in Purple Ocean's Privacy Policy. Nevertheless, you acknowledge that Purple Ocean is not required to store information (including your transcripts, surveys, and recordings) indefinitely.

You hereby grant Purple Ocean an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Site and Services.

Purple Ocean may disclose User information, including, but not limited to, personal information, transcripts, surveys, and recordings, to a third party (including the appropriate authorities) if Purple Ocean reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate Purple Ocean's liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect Purple Ocean's rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Users), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud), or (vi) is necessary because someone may be in danger.

You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to Purple Ocean as set forth herein, with full knowledge that Purple Ocean may exploit it in any manner whatsoever.

You further agree that Purple Ocean is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Purple Ocean, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.

You further perpetually and irrevocably grant Purple Ocean the unconditional right to use and exploit your name, persona and likeness included in any User Content. You also grant to Purple Ocean the right to sub-license and authorize others to exercise any of the rights granted to Purple Ocean.

You authorize Purple Ocean to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

11. Advisors

Advisors are not Our employees, consultants, agents or representatives. Advisors use the Service to provide clients with personalized readings and advice for entertainment purposes. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of any Advisor. Your relationship relating to the Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. Advisors are not permitted to request your personal contact information, address, credit card, Paypal or other payment information, or other sensitive information of a similar nature. You must not provide any such information even if an Advisor violates these Terms and asks You for it. Advisors must also read and agree to the Advisor Terms and Conditions.

Users should not rely on or make health, legal, financial, or other decisions based on advice provided by any Advisor. Advisors are generally prohibited from providing advice which requires professional licensure. Purple Ocean strongly recommends that a User seeking medical or mental health advice see a qualified professional in person.

Purple Ocean is not responsible for screening or editing the content of communications between Advisors and Users, however Purple Ocean may screen, copy, transmit and review all communications conducted by or through the Site and Services for technical support and/or in order to uphold the terms of this Agreement. All communications between Advisors and Users are NOT encrypted and thus may be subject to unauthorized interception and monitoring.

(b) All communications (free or for fee) between Users and Advisors are stored on the Site and Services servers and are available for review by Advisors and Users. The Site and Services denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.

All information disclosed to you by Users in connection with your services as an Advisor should be treated as private and confidential information. You may not share or post such information, including but not limited to portions or excerpts from User communications, conversations or messages, to any group, publication, forum, website, or any other place whatsoever. You may also not share such information with any other Purple Ocean Advisor, nor with any other individual, entity, or person. You understand that a User is not required to maintain confidentiality with regard to any advice that you provide as an Advisor.

(c) You also acknowledge that you will maintain compliance with privacy laws such as GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act), including rights of access, erasure of personal data, data portability and data protection. This means that You are not to do anything that might infringe upon User privacy rights, including but not limited to keeping notes about the User or any User personal data in an unsecured manner, sharing personal User data with anyone, failing to take reasonable measures to protect personal User data, or failing to comply with a User’s request to erase personal data where required. By being an Advisor on Purple Ocean, you acknowledge that you are liable for compliance with GDPR as outlined above. Failure to comply may expose you to monetary fines or other penalties by EU authorities, as well as termination of your Purple Ocean account.

12. Orders, Payment and Fees

If You wish to place an order for a reading through the Service (“Order”), You may be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. By submitting such information, You grant Us the right to provide the information to third parties for purposes of facilitating the completion of your Orders.

You understand that Barges does not store your payment and/or credit card information and that all payments are processed separately either through in-app purchases, or through PayPal, Stripe, or such other third party payment or service facility We choose. In addition to these Terms, You will be subject to PayPal’s, Stripe’s, or such other third party’s terms and conditions, privacy policies and other applicable agreements.

At all times, You agree that You will provide true, complete and correct credit card and payment information and that You are authorized to do so. Once a payment is made for the Service, You agree that You will not seek to cancel, chargeback, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue. You agree to pay all fees and charges incurred in connection with your Orders at the rates in effect when the charges were incurred. In the event that your order is cancelled or unfulfilled for any reason, your account will be credited accordingly.

For all User accounts with positive balances that have not been used for transactions, Purple Ocean may in its sole discretion charge an Account Maintenance Fee of five dollars ($5.00 USD) per month. This fee will take effect after a twelve (12) month period of inactivity until the available account balance has been depleted. Further, Purple Ocean may in its sole discretion terminate your account if you do not use the Site or Services for a period of twelve (12) months from the date of the last use.

You may request a credit for any Account Maintenance Fees deducted from your account at any time by contacting Customer Support. Upon verification of your request, Purple Ocean may, in its sole discretion, credit back such fees to your account.

You are solely responsible for any fees or other charges from your internet service provider and wireless communications provider for any data, video, audio or message services.

13. Accounts

When You create an account with Us, You must provide us information that is accurate, complete, and current at all times. Your failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You understand that You are entirely responsible for safeguarding the password that You use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a third-party service. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account. Barges will not be liable for any loss that You incur as a result of someone else using your account or your password.

You may not use as a username or nickname the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, a name that is otherwise offensive, vulgar or obscene, or a name that deceives or otherwise misleads others to believe You are someone that You are not.

You agree not to allow someone who is not you to use your account, username or password at any time.

14. Availability, Errors and Inaccuracies

We are constantly updating Our offerings of products and services on the Service. The products or services available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Service and in Our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

You understand that it is your responsibility to update the Application as new versions are released and that your failure to download a new version of the Application may prevent You from enjoying the most recent content and features. Barges shall not bear any responsibility or liability for your failure to update the Application.

Our Service depends on various factors such as software, hardware and communications networks, and other factors outside of its control. You understand that We do not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free.

The Site and Services may contain links or other content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to web sites, products and/or services offered by third parties and Purple Ocean has no control over any such linked content or anything provided by any such third party. You acknowledge and agree that Purple Ocean is not responsible for such third party links, content, web sites, products or services and will not be responsible or liable for anything related thereto and agree that Purple Ocean will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such link, web site, content, product and/or service.

15. Purple Ocean’s Copyright Policy

You shall not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks, or otherwise violates or promotes the violation of the intellectual property rights of any third party. "Purple Ocean" and all related names, logos, product and service names, designs and slogans are trademarks of Purple Ocean or its affiliates or licensors. You must not use such marks without the prior written permission of Purple Ocean. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

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

• Your physical or electronic signature.
• Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is: Copyright Agent

c/o Purple Ocean

182 Howard Street #826

San Francisco, CA 94105

Email: [email protected]

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

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

It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat copyright infringers.

16. Electronic Records

You consent to the use of (a) electronic means to complete these Terms and Conditions, to use the Site and Services and to provide you with any notices given pursuant to these Terms and Conditions, and (b) electronic records to store information related to these Terms and Conditions or your use of the Site.

You can request a copy in paper form of these Terms and Conditions and any other records relating to these Terms and Conditions or your use of the Site by sending a written request to: Purple Ocean, 182 Howard Street #826, San Francisco, CA 94105. You understand and agree that these Terms and Conditions and any notices given pursuant to these Terms and Conditions are enforceable in electronic format.

17. Governing Law

You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in the Bergen County, New Jersey, for the resolution of any such dispute and You agree and submit to personal jurisdiction in such courts. In addition, You forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.

18. Class Action Waiver

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

19. Applicable Apple Inc.Terms

The parties acknowledge that this Agreement is entered into by the End User and Barges only, and not with Apple. Barges, not Apple, is solely responsible for the Service, subject to the terms and conditions of this Agreement. The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Apple and Apple’s subsidiaries shall be third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.

To the extent that any product warranty is being granted to You by this Agreement and is not disclaimed, if the Service fails to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the Service to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is solely Barges’ responsibility.

The parties acknowledge that Barges, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Barges, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

20. Miscellaneous

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You may not assign your rights or obligations under this Agreement without Our prior written consent and any attempt to do so without such consent will be null and void and given no force or effect. Barges may assign its rights under this Agreement without condition. These Terms constitute the entire agreement between us regarding Our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

If any provision of these Terms and Conditions is held to be invalid or unenforceable in its entirety, such determination will not affect the validity of the remainder of the Agreement. If any provision of these Terms and Conditions is held to be invalid or unenforceable in part, such determination will not affect the validity of the remainder of that provision. You acknowledge and agree that the substantive laws of the state where you primarily rendered or received Services under the Terms and Conditions shall apply to each claim covered by this Agreement without giving effect to principles of conflicts of laws. Purple Ocean's failure to act with respect to a breach by you or others does not waive Purple Ocean's right to act with respect to subsequent or similar breaches. The failure of Purple Ocean to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that these Terms and Conditions and the policies incorporated herein, and Purple Ocean's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Purple Ocean. these Terms and Conditions, together with the rules and policies of Purple Ocean, constitutes the entire agreement between Purple Ocean and you with respect to the subject matter hereof.

21. MUTUAL ARBITRATION PROVISION

21.1. Agreement to Arbitrate

BARGES TECHNOLOGIES, INC and you agree to enter into the arbitration agreement contained in this Arbitration Provision. This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to these Terms and Conditions, your relationship with BARGES TECHNOLOGIES, INC or one of its affiliates, successors, subsidiaries, assigns, or parent companies (together, "BARGES TECHNOLOGIES, INC"), the termination of that relationship, or any other aspect of your relationship with BARGES TECHNOLOGIES, INC or any BARGES TECHNOLOGIES, INC Affiliate, regardless of such dispute's date of accrual, and this Arbitration Provision continues in effect after and survives the termination of any relationship between the parties.

21.2. How this Arbitration Provision Applies

Except as otherwise stated below, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or a forum other than arbitration, and you and BARGES TECHNOLOGIES, INC agree that any legal dispute or controversy covered by this Arbitration Provision, or arising out of, relating to, or concerning the validity, enforceability or breach of this Arbitration Provision, shall be resolved by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures ("JAMS Rules") then in effect, to be held (unless the parties agree in writing otherwise) within 45 miles of where you last provided Services under these Terms and Conditions. The JAMS Rules are available online, free of charge, at www.jamsadr.com, or by searching for "JAMS Streamlined Arbitration Rules" using a service such as www.google.com or www.yahoo.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. If the JAMS Rules are inconsistent with the terms of this Arbitration Provision, the terms of this Arbitration Provision shall govern.

By entering into this Arbitration Provision, you agree to arbitrate disputes with any entity or individual, and waive your right to have such disputes resolved by a trial by a jury or judge, arising out of or related to these Terms and Conditions, background checks, privacy, your relationship with BARGES TECHNOLOGIES, INC, the termination of that relationship, trade secrets, unfair competition, compensation, breaks and rest periods, retaliation, discrimination or harassment, defamation, slander and libel, claims arising under the Fair Credit Reporting Act, Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, California Labor Code, California Fair Employment and Housing Act, California Family Rights Act, Affordable Care Act, Genetic Information Non-Discrimination Act, city or state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to this relationship, including, but not limited to, claims that may be asserted for any post-relationship conduct or time periods, such as defamation or retaliation.

21.3. Limitations on how this Arbitration Provision Applies

This Arbitration Provision does not apply to a representative action brought on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code § 2698, et seq., to the extent that such an action can only be brought by the state or its representatives, where any resulting judgment is binding on the state, and where any alleged monetary penalties largely go to state coffers.

This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.

Either you or BARGES TECHNOLOGIES, INC may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.

Regardless of any other terms of this Arbitration Provision, a claim may be brought before and remedies awarded by an administrative agency if applicable law permits the agency to prosecute or adjudicate the claim notwithstanding the existence of an agreement to arbitrate that is governed by the Federal Arbitration Act. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.

This Arbitration Provision also does not apply to disputes between the parties that may not be subject to predispute arbitration agreement provided by an Act of Congress.

21.4. How Arbitration Proceedings are Conducted

In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. The statutes of limitations applicable to each claim or cause of action shall apply, and written notice of arbitration shall be initiated within the statute of limitations and other time limitations applicable to each claim or cause of action asserted. The Federal Rules of Evidence shall apply, except as modified by the arbitrator.

You and BARGES TECHNOLOGIES, INC agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective action basis ("Class Action Waiver"). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis. Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes regarding the enforceability, revocability, or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the dispute is filed as a class or collective action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

Except as otherwise provided in Section 3 of this Mutual Arbitration Provision, and to the extent permitted by law, (i) you and BARGES TECHNOLOGIES, INC agree not to bring a representative action on behalf of others in arbitration; and (ii) for any claim brought on a private attorney general basis (i.e., where you are seeking to pursue a claim on behalf of a government entity) both you and BARGES TECHNOLOGIES, INC agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have been personally aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) ("PAGA Waiver"). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, the validity of the PAGA Waiver may be resolved only by a court of competent jurisdiction and not by an arbitrator. If any provision of the PAGA Waiver is found to be unenforceable or unlawful for any reason, (i) the unenforceable provision shall be severed from this Arbitration Provision; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Provision or the parties' attempt to arbitrate any remaining claims on an individual basis pursuant to the Arbitration Provision; and (iii) any representative action brought under PAGA on behalf of others must be litigated in a civil court of competent jurisdiction and not in arbitration.

21.5. Paying for the Arbitration

You and BARGES TECHNOLOGIES, INC shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. BARGES TECHNOLOGIES, INC otherwise shall pay all costs and expenses unique to arbitration, including without limitation the arbitrator's and/or arbitration fees.

Each party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (e.g., a party prevails on a claim that provides for the award of reasonable attorneys' fees to the prevailing party).

21.6. The Arbitrator's Decision and Award.

The arbitrator must follow applicable law and may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The arbitrator's decision shall be final and binding upon the parties, must be in writing, and must contain the arbitrator's reasoning. Judgment may be entered on the arbitrator's decision in any court having jurisdiction.

21.7. Enforcement of this Arbitration Provision; Other Terms

Any party (including BARGES TECHNOLOGIES, INC Affiliates) to this Arbitration Provision may bring an action in a court of competent jurisdiction to compel arbitration under this Arbitration Provision, and to confirm, vacate, or enforce an arbitration award, with each party bearing its own attorneys' fees, costs and expenses in such court proceedings, subject to any remedies to which that party may later be entitled under applicable law. This Arbitration Provision replaces all prior agreements (if any) regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. Except as stated in Section 4 of this Mutual Arbitration Provision above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.

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By clicking "I accept," you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of these Terms and specifically the Mutual Arbitration Provision, that you agree to be bound by the terms and conditions of these Terms, specifically including Mutual Arbitration Provision, and that you are legally competent to enter into these Arbitration Terms and the Mutual Arbitration Provision with BARGES TECHNOLOGIES, INC.

Appendix A

In addition to the general releases set forth under INDEMNIFICATION and LIMITATION OF LIABILITY, you further agree to waive any claims against BARGES TECHNOLOGIES, INC arising out of these Terms as supplemented below. In particular, You acknowledge and agree that:

In California:

You are releasing all rights under section 1542 of the California Civil Code, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

In Montana:

You are releasing all rights under Montana Code Annotated Section 28-1-1602, which provides:

A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor.

In North Dakota:

You expressly waive any and all rights that you may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to North Dakota Century Code Section 9-13-02, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which if known by the creditor, must have materially affected the creditor's settlement with the debtor.

In South Dakota:

You expressly waive any and all rights that you may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to South Dakota Codified Laws Section 20-7-11, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.