User Agreement

This Agreement governs your relationship with PDS Partners, LLC (“Parler”) and your use of and access to all services, websites, and products provided by Parler (collectively, the Services). You agree that by accessing or using any part of the Services you are bound by the terms of this Agreement (the Terms), including the applicable Privacy Policy and Community Guidelines incorporated herein.

You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you:

• You are at least 18 years old;
• You are legally allowed to use the Services where you live;
• You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have the authority to bind that entity to these Terms;
• You have not been banned by Parler from using the Services.

The Parler Privacy Policy describes what Parler can do with information about you received by Parler when you use the Services. You agree to the terms of the Privacy Policy, including the transfer of information to other countries for storage, processing, and use, if applicable.

Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:

• You have the legal right to post the content to the Services.
• The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
• The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
• The content does not include non-public personal private information belonging to someone else, such as another person’s birthdate, home address, or telephone number.

The content complies with the Parler Community Guidelines.

You are responsible for your use of the Services and for any content that you post. Parler does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through the Services, nor does Parler endorse any opinions expressed through the Services. All content is the sole responsibility of the person who originated the content, and Parler does not take responsibility for such content.

With respect to any content you contribute that uses YouTube services via Parler, you affirm that—in addition to complying with Parler’s own Terms and Community Guidelines—you are also complying with YouTube’s more restrictive Terms. (Users are encouraged to use Parler’s own native video capabilities whenever they wish to avoid the application of these more restrictive terms.)

Parler’s Intellectual Property. The Services and any related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Parler, Parler’s licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Parler’s name, and all related names, logos, product and service names, designs, and slogans are trademarks that are owned by Parler, Parler’s affiliates, or Parler’s licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

Right to Distribute. You grant to Parler a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that Parler or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you, unless you are a participant in our Influencer Network and then you will be compensated according to the terms of that program. You warrant that you have all rights necessary to grant these rights to Parler and other members of the Parler community. You also grant a limited non-exclusive, royalty-free license to any Parler community member to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any content posted by you to the Services solely in connection with that member’s use of the Services. The licenses granted by you hereunder do not include any moral rights or right of attribution.

Copyright infringement is not allowed on the Services, and Parler will, in appropriate circumstances, terminate the account of any repeat infringer. If your copyright has been infringed by any content on the Services and you did not grant a license for this use by uploading your copyrighted work to the Services, you may submit a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C 512(c)(3), to our Darin Deaver at dmca@plunksmith.com or 2801 Network Boulevard Suite 300, Frisco, TX 75034. Your notice must include: (1) electronic or physical signature of the copyrighted work owner (or person authorized by the copyright owner), (2) a description of the copyrighted work, including the URL where the infringing content is available, or a copy of it, (3) contact details of the person submitting the notice, including email address, telephone, and mailing address, (4) statement in “good faith belief” that the work is not authorized by the copyright owner, and (5) a statement by the sender that all of the above information is accurate, and that the person sending the notice is either the copyright owner or is authorized to act on behalf of the copyright owner. Upon receiving a notice satisfying these requirements, Parler will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the services.

You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating Parler on the Services; by accessing the Services for any purpose that competes with the interests of Parler; by spamming Parler community members; by failing to respond to operational communications or requests from Parler; or through any other type of interference with the Services or Parler’s relationships with others.

Parler reserves the right to withdraw or amend the Services, in our sole discretion without notice. Parler will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to Parler is correct, current, and complete. You agree that all information that you provide to or is otherwise collected by Parler through the Services is governed by our Privacy Policy, and you consent to all actions Parler may take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your username, password, or other security information. You agree to notify Parler immediately of any unauthorized access to or use of your username or password or any other breach of security. Parler has the right to disable any username, password, or other identifier, whether chosen by you or provided by Parler, at any time in Parler’s sole discretion for any or no reason, including if, in Parler’s opinion, you have violated any provision of these Terms of Use.

Parler provides the Services for use only by persons located in the United States. Parler makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Parler may remove any content and terminate your access to the Services at any time and for any reason, including without limitation, to the extent Parler reasonably believes (a) you have violated these Terms or Parler’s Community Guidelines, (b) you create risk or possible legal exposure for Parler, or (c) you are otherwise engaging in unlawful conduct—although Parler endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by Parler to you to use the Services or submit content to the Services, or the fact that Parler may receive a benefit from your use of the Services or provision of content to the Services, will not obligate Parler to maintain any content or maintain your access to the Services. Parler will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services. In addition, accounts which are inactive (without login) for nine (9) months are subject to username relinquishment or account removal.

You agree to receive communications from Parler, including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to Parler, you are required to notify Parler when you cease to own or control that number to help prevent Parler from sending communications to others who may acquire that number.

The Services are provided to you as-is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law.

You understand that Parler cannot and does not guarantee or warrant that files available for downloading through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, PARLER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.

PARLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Parler makes no representation or endorsement about the function of the Services or any content available through the Services Parler has no responsibility or liability to you arising from your use of the Services. Parler has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although Parler may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. Parler has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARD- LESS OF THE NATURE OF THE CAUSE OF ACTION, PARLER WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON

OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES;

(c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF

PARLER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE AMOUNT YOU PAID PARLER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT PARLER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify, and hold Parler harmless, along with Parler’s affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

Applicable law and dispute resolution procedure.

The laws of Texas will govern these Terms and any dispute that arises between you and Parler. You agree that all disputes related to these Terms or the Services will first be mediated, in good faith, within sixty (60) days of the demanding party’s provision of a written demand, unless expressly agreed otherwise in a signed writing. In the event that a full settlement is not achieved during mediation, you agree that any dispute, action or proceeding seeking to enforce any provision of, or based on any right arising out of these Terms or otherwise, shall then be settled exclusively by arbitration as set forth hereunder and you hereby waive the right to a jury trial before any court of competent jurisdiction.

Jury Trial Waiver. BY USING THE SERVICES, YOU WAIVE A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM BROUGHT OR ASSERTED BY EITHER YOU OR PARLER AGAINST THE OTHER ON ANY MATTERS WHATSOEVER RELATING TO OR ARISING OUT OF THESE TERMS, INCLUDING THE FORMATION OF AN AGREEMENT BETWEEN THE PARTIES BASED ON THESE TERMS.

ARBITRATION REQUIREMENT. At PARLER’S sole discretion, Parler may require all claims, controversies, disputes and other matters in question arising out of, or relating to these Terms, the breach hereof or the rights, privileges, responsibilities or duties between or among you and Parler, to be decided by confidential arbitration in Texas, USA in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then existing, unless all parties to any such claim, controversy or dispute, or other matter in question, unanimously agree to the contrary. The provisions contained in this Paragraph shall be specifically enforceable under the prevailing arbitration law.

The arbitrator or arbitrators for any proceeding conducted hereunder shall be a person or persons with experience in the social media business, selected in accordance with the AAA’s Commercial Arbitration Rules then in effect. The parties will be entitled to conduct discovery in accordance with the provisions of Texas’ or applicable code of civil procedure. The remedial authority of the arbitrator or arbitrators will be the same as, but no greater than, would be the remedial power of a court having jurisdiction over the Parties and their dispute. The arbitrator or arbitrators will render a written opinion based on Texas law, and specify an award, which will be final and binding upon the Parties.

You affirm that you are competent to agree to be bound by this Agreement, meaning that you are over the age of 18 and, if applicable, have the consent of any designated guardian. In addition to the NSFW filters made available by Parler, there are “Parental Control” products and features available on the market, which can help you tailor your experience on our platform. Some examples can be found here and here.

Parler cannot waive any right to enforce this Agreement, unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.

Parler may modify the Terms of this Agreement in any way and at any time by posting such modifications through the Services. All changes are effective immediately when we post them, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, Parler endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and Parler pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by Parler or anyone associated with Parler, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.

Last Updated: Mar 21, 2024

‍