Reservation
Agreement

This "Reservation Agreement" is entered into as of the date specified in the Operator's Confirmed Reservation (the "Effective Date") and is made by and between the "OPERATOR" listed in the Operator Profile on the Platform and the Renter listed in the Renter's Reservation Request ("RENTER"). By RENTER clicking the "Purchase" (or similar) button on the Platform and OPERATOR clicking the "Accept" (or similar) button on the Platform in response to a Reservation Request from RENTER, OPERATOR and RENTER evidence their agreement with OPERATOR's Confirmed Reservation and this Reservation Agreement. Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Best Truck Parking Platform Terms of Use https://besttruckparking.com/terms-and-conditions ("Platform").

Whereas, OPERATOR operates a facility located at the address specified in the Operator Profile (the "Premises"), which licenses space for the temporary parking of Assets an RENTER owns, leases or otherwise lawfully possesses one or more Assets which it wishes to park on a portion of the Premises on the terms and conditions set forth below. For good and valuable consideration, the receipt and adequacy of which is hereby confirmed, the parties agree as follows.

1. Definitions

"Asset" means a bare chassis or commercial vehicle, or an empty or loaded, fully enclosed, container or trailer on chassis that is constructed out of durable material appropriate for repeated use, with any entry points to such Assets adequately secured to protect any contents thereof. All Assets on chassis shall remain on chassis.

"Day" refers to a calendar day ending at 12:00 a.m. at the location of the Premises.

2. Designated Space; Relocation

OPERATOR hereby agrees to license to RENTER and RENTER agrees to accept a license from OPERATOR, one or more Space(s) on the Premises as specified in the Confirmed Reservation and designated by OPERATOR from time to time upon RENTER's arrival at the Premises. OPERATOR shall determine the initial Space(s) to be occupied by the Asset on the Premises, and OPERATOR reserves the right to re-locate the Asset to other Space(s) on the Premises from time to time, without notice to RENTER, as required for OPERATOR to permit access to, placement, and removal of, other Assets, containers or equipment stored on the Premises. In performing any such movement or relocation, OPERATOR shall act as RENTER's agent.

3. Term; Termination/Cancellation; Holdover/Early Pick Up

This Reservation Agreement shall be effective as of its Effective Date, and RENTER may commence parking its Asset(s) at the Space(s) on the Arrival Date specified by OPERATOR in the Confirmed Reservation and shall remove its Asset(s) no later than the Departure Date also specified in OPERATOR's Confirmed Reservation. The Reservation Fee is as specified in the OPERATOR's Confirmed Reservation.

NON-REFUNDABLE POLICY: All Reservation Fees are NON-REFUNDABLE once paid. RENTER acknowledges and agrees that upon payment of the Reservation Fee, RENTER has secured and committed to the Space(s) for the dates specified in the Confirmed Reservation, and such payment is final and non-refundable regardless of whether RENTER utilizes the Space(s) or cancels the reservation for any reason.

OPERATOR DISCRETION: Notwithstanding the non-refundable nature of Reservation Fees, OPERATOR may, in its sole and absolute discretion, elect to issue a full or partial refund to RENTER for any cancelled reservation. Any such refund is entirely at OPERATOR's discretion and shall not create any obligation, precedent, or expectation for future refunds. RENTER acknowledges that OPERATOR has no obligation to provide any refund under any circumstances, and any refund decision is final and not subject to appeal or dispute.

CANCELLATION NOTICE: RENTER may submit a cancellation request by providing written notice to support@besttruckparking.com. However, RENTER understands and agrees that such cancellation request does not entitle RENTER to any refund, and any refund will be granted solely at OPERATOR's discretion. In the case of recurring monthly or weekly Reservations (as may be set forth in the Confirmed Reservation), RENTER must provide notice of cancellation no later than thirty (30) days prior to the first day of the following month or week, respectively. Failure to provide such notice will result in RENTER being charged the full monthly or weekly Reservation Fee, as relevant, for the following month or week, respectively, which amount shall also be non-refundable.

RENTER agrees that this Reservation Agreement is merely a revocable license granted by the OPERATOR to RENTER, whereby OPERATOR makes the Space at the Premises available to RENTER for the limited time period, and under other terms and conditions as specified in the Confirmed Reservation and Reservation Agreement. As such RENTER agrees that it is not entitled to access or use the Premises, the OPERATOR's Property, or remain in the Space or at the Premises prior to the Arrival Date, or beyond the Departure Date, unless OPERATOR and RENTER enter into a Reservation Agreement for the additional time, with the appropriate additional Reservation Fees having been paid through the Platform. This is because, in part, OPERATOR may have entered into other reservation agreements for the license of the Space to other users to commence prior to the Arrival Date or after the Departure Date.

HOLDOVER: If RENTER stays, or accesses the Space, beyond the Departure Date (such overstay, a "Holdover"), then RENTER no longer has the license granted under this Reservation Agreement, which license terminated upon the specified Departure Date and OPERATOR is entitled under the Reservation Agreement and applicable law to evict RENTER or otherwise make the RENTER leave and relinquish the Space. OPERATOR may also charge RENTER 150% of the average daily Reservation Fee for each additional day after the Departure Date, plus all applicable Service Fees, Taxes and any other legal expenses incurred by OPERATOR to enforce the terms of the Reservation Agreement and evict the RENTER from the Space. RENTER agrees that if RENTER's Asset is not removed as of the Departure Date specified in the Reservation Confirmation, OPERATOR has the right, without further notice to, or consent of, RENTER, to adjust the Departure Date within a period of ten (10) days after RENTER's Asset is removed from the Premises in order to obtain payment from RENTER of such additional Reservation Fees for any additional days beyond the original Departure Date. In the event of a Holdover, Best Truck Parking shall be entitled to payment of the Service Fee, as calculated based upon the additional days beyond the original Departure Date.

EARLY DEPARTURE: If RENTER picks up the Asset prior to the originally scheduled Departure Date under this Reservation Agreement, there will be no refund for any unused days in the original Reservation Agreement. RENTER acknowledges that Reservation Fees are paid in full at the time of booking and are non-refundable regardless of actual usage.

ONGOING OBLIGATIONS: For avoidance of doubt, until all of the RENTER's Assets have been removed from the Premises, the Reservation Fee shall continue to accrue, and at OPERATOR's option, all other provisions and terms of this Reservation Agreement shall continue to apply.

Best Truck Parking NOT RESPONSIBLE FOR REFUNDS: OPERATOR and RENTER acknowledge and agree that Best Truck Parking is not a party to this Reservation Agreement and therefore is not responsible for making any refunds, credits or accommodations between OPERATOR and RENTER with respect to any funds paid by RENTER or received by OPERATOR. In no event shall Best Truck Parking be responsible for refunding the Service Fee. Any refund determinations are solely between OPERATOR and RENTER, and Best Truck Parking has no obligation or liability with respect to any refund requests or disputes.

4. Reservation Fee; Interest

RENTER agrees to pay to OPERATOR the Reservation Fee as specified in the OPERATOR's Confirmed Reservation, payable at the time of OPERATOR's Confirmed Reservation. OPERATOR is responsible for collecting any applicable Tax or fees from RENTER and OPERATOR is responsible for submitting any such Taxes or fees to the applicable Taxing authority. Any accrued, but unpaid, Reservation Fee is payable in any event prior to when the Asset(s) is/are picked up and removed from the Premises. Unless otherwise specified in OPERATOR's Confirmed Reservation, any amounts due and payable by RENTER but not paid by the due date thereof shall bear interest at the rate of ten percent (10%) per annum, simple interest, based on a 360-day year, 30-day month. ALL MONTHLY RESERVATIONS ARE SET TO RECUR; Best Truck Parking WILL AUTOMATICALLY CHARGE RENTER'S PAYMENT METHOD ON FILE ON THE 1ST OF EACH MONTH, UNLESS OTHERWISE CANCELLED.

5. Asset Restrictions; Hazardous Materials

RENTER represents and warrants to OPERATOR that all Assets deposited at the Premises shall be in good condition, suitable for normal handling and movement, sealed, and must be used strictly for storage of tangible personal property. RENTER represents and warrants that any Asset(s) deposited at the Premises by RENTER will not contain any flammable materials or explosives, any materials that leak, give off smoke or fumes, any other Hazardous Materials, any live animals, perishable items, or any illegal goods, substances or materials. RENTER warrants that it shall not cause, permit, or allow any of RENTER's employees, representatives, invitees or licensees (individually, "RENTER Party" and collectively, "RENTER Parties") to cause or permit any Hazardous Materials to be brought on, stored, manufactured, generated, blended, handled, recycled, treated, disposed, or used on, under, or about the Space and/or Premises. In the event that OPERATOR discovers that any Asset is not in compliance with these representations and warranties, OPERATOR may, among other remedies available to it, remove the subject Asset(s) from the Premises and any cost or expense of removal and disposition, including but not limited to attorneys' fees, court costs and expenses, shall be promptly reimbursed to OPERATOR by RENTER, and OPERATOR shall have no liability to RENTER for such removal and/or disposition.

Unless otherwise specified in Operator's Profile and/or Confirmed Reservation, RENTER shall not perform or permit any repair work to RENTER's Assets at the Premises, except in the event of an emergency, for the shortest time reasonably practicable (no more than one 24 continuous hour period) and with notice to OPERATOR. Regardless, OPERATOR may require that the Asset be towed or otherwise removed from the Premises instead of effecting a repair of the Asset at the Premises.

RENTER and RENTER Parties shall comply with all Environmental Laws and RENTER shall promptly notify OPERATOR if RENTER violates any Environmental Laws. OPERATOR shall have the right to enter on or into, and inspect, the Asset, the Space and/or Premises and to conduct tests, monitoring, and investigations. If such tests indicate the presence of any Environmental Condition caused or exacerbated by RENTER or any RENTER Party or that occurred during the Term of this Reservation Agreement that is in violation of any Environmental Laws, RENTER shall reimburse OPERATOR for the cost of conducting such tests. In the event of any Environmental Condition, RENTER shall promptly take any and all steps necessary to rectify the same so as to comply with applicable Environmental Laws, or at OPERATOR's sole option, OPERATOR may take such steps as may be necessary to rectify the same to comply with applicable Environmental Laws. RENTER shall indemnify, defend (with counsel reasonably satisfactory to OPERATOR) and hold OPERATOR, its affiliates, and their respective shareholders, members, partners, offices, directors, employees and agents (collectively, the "OPERATOR Parties") from and against all claims, losses, liabilities, obligations and damages, diminution in value of the Premises, and including but not limited to attorneys' fees, court costs and expenses (collectively, "Losses") arising from RENTER's breach of its representations and warranties contained herein or any of the RENTER Parties' failure to comply with this Section 5.

"Hazardous Materials" means any chemical, material, controlled substance, object, condition, waste, living organism, or combination thereof that is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness, or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, substance polychlorinated biphenyls (PCBs), and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms, or combinations thereof that are now or become in the future listed, defined, or regulated in any manner by any Environmental Laws based on, directly or indirectly, such properties or effects.

"Environmental Laws" means any and all federal, state, or local environmental, health, or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits, or permit conditions, currently existing and as amended, enacted, issued, or adopted in the future that are or become applicable to RENTER, the Asset, the Space and/or Premises.

"Environmental Condition" shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface, or subsurface strata, or the ambient air, and includes air, land, and water pollutants, noise, vibration, light, and odors in violation of any Environmental Laws.

6. License Only; No Bailment

This Reservation Agreement constitutes a revocable license only. This Reservation Agreement is not a lease, an easement or a grant of any interest in or to real property. RENTER understands and agrees that this Reservation Agreement is not intended to, nor does it, create a bailment.

7. Access

OPERATOR will provide access for RENTER to the Premises as specified in the OPERATOR Profile and/or Confirmed Reservation. All drivers, in depositing or picking up Assets, must present the Confirmed Reservation email and shall adhere to the instructions and rules and regulations provided by OPERATOR's security personnel, if any, and failure to do so will be deemed a material breach of this Reservation Agreement for which OPERATOR shall have all rights and remedies hereunder and under applicable law. Notwithstanding anything to the contrary, OPERATOR shall not be responsible for confirming the authenticity of the Confirmed Reservation email, or the identity of the individual or company dropping or picking up the Assets. All of RENTER's drivers or other personnel accessing the Premises must be properly licensed pursuant to applicable law.

8. Risk of Loss; Limitation on Damages; Indemnity

RENTER bears all risk of loss or damage to RENTER's Asset(s) and its/their contents stored on the Premises, and to RENTER's vehicles (owned or hired) and RENTER shall provide insurance, against loss, damage or injury relating in any way to the Assets, their movement on and off of the Premises, or for any property stored by RENTER on the Premises. OPERATOR does not, and shall not be deemed to, have knowledge or the responsibility to inquire or investigate, as to the contents of RENTER's Asset(s). OPERATOR is not responsible for any damage to, or loss of, the Asset(s) and/or its/their contents, whether caused by fire, water, earthquake, theft, vandalism, subsidence or any other risk, unless such loss or damage results directly from the intentional misconduct of OPERATOR. Notwithstanding anything to the contrary, OPERATOR shall not be responsible for confirming the identity of the individual or company dropping or picking up the Assets. RENTER shall insure its Assets and their contents against all perils and risks and shall obtain such insurance in such amounts with respect to damage or destruction of real or personal property, injury or death to persons as shall be carried by reasonably prudent owners of Assets or providers of services similar to RENTER.

RENTER, on its behalf and on behalf of its agents and insurers, waives all claims against OPERATOR and Best Truck Parking for damage to persons or property arising from any reason. Notwithstanding anything to the contrary, OPERATOR shall not be responsible for confirming the identity of the individual or company dropping off or picking up the Assets. RENTER agrees to defend (with counsel reasonably acceptable to OPERATOR), hold harmless and indemnify the OPERATOR Parties and the Best Truck Parking Parties against any and all Losses caused by, or resulting from, any of RENTER's activities, Assets, vehicles, or the contents thereof, while such Assets or vehicles are on, entering, or exiting the Premises, or resulting from any acts or omissions of RENTER's employees or agents, including contract drivers (collectively, "RENTER Parties"), or breach by RENTER of any covenant, representation or warranty contained in this Reservation Agreement.

9. Security

As may be described in the OPERATOR Profile, the Confirmed Reservation, or as actually present at the Premises, the Premises may have certain security features such as being totally or partially surrounded by chain link fence or other barrier, CCTV or monitoring by a security service, employees or representatives of OPERATOR. Such security measures, if present at all, are provided for OPERATOR's sole benefit and convenience only and are not provided for the benefit of RENTER. OPERATOR, in its sole and absolute discretion, may discontinue or change such security measures at any time, without notice to RENTER. In providing any security measures, OPERATOR accepts no liability whatsoever for the safety or condition of the RENTER Parties, RENTER's Assets or their contents.

10. Rules and Regulations

RENTER shall comply, and shall cause its employees, agents, servants, licensees, drivers, contractors or invitees, to comply with all rules and regulations as may be provided or communicated by OPERATOR to RENTER or its drivers from time to time.

11. Termination for Nonpayment of Fees

In the event that any Reservation Fee due from RENTER is not paid within the terms set forth in this Reservation Agreement (with reference to OPERATOR's Confirmed Reservation), OPERATOR may, at its sole and absolute discretion terminate this Reservation Agreement, and may move and store RENTER's Asset(s) at any location, at RENTER's sole expense and otherwise pursuant to applicable law. Following any breach or default by RENTER, all Reservation Fees and other sums due under this Reservation Agreement will continue to accrue as long as RENTER's Assets remain at the Premises, or if RENTER's Assets are moved from the Premises and stored elsewhere, then such moving and storage fees and expenses as may be payable with respect thereto, provided that OPERATOR shall not be deemed to have consented to any holdover by RENTER and OPERATOR shall have all rights and remedies under this Reservation Agreement and applicable law for RENTER's breach of this Reservation Agreement and trespass upon the Premises in violation of this Agreement.

12. Notices

A party hereto wishing to send a notice, request, consent or other communication provided for herein to the other party shall contact Best Truck Parking at info@besttruckparking.com to request the other party's contact information (which request must identify the Operator, Renter, the Reservation Agreement and Confirmed Reservation). The parties hereto have been advised by Best Truck Parking that Best Truck Parking will reasonably respond to the requesting party with the other party's contact information so that the requesting party may send such notice, request, consent or other communication provided for herein directly to the other party.

13. Attorney's Fees

If any action is instituted to interpret or enforce this Reservation Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs and all other costs and expenses of suit, in addition to any other relief to which the prevailing party may be entitled. To the extent lawful, each party hereto waives any right it may otherwise have to a jury trial.

14. No Waiver

Failure of either party to enforce any provision of this Reservation Agreement shall not be construed as a waiver of that provision or of either party's right to enforce that provision or any other provision of this Reservation Agreement.

15. Severability; Survival

If any term of this Reservation Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of this Reservation Agreement remains in full force and effect. Sections 5 through 6, 8, 11 through 21 and such other provisions of this Reservation Agreement which should remain in full force and effect to effect the intent hereof shall be deemed to survive the expiration or termination of this Agreement.

16. Successors and Assigns

RENTER is not entitled to assign or sublicense its rights under this Reservation Agreement without the prior written consent of OPERATOR which may be withheld in OPERATOR's sole and absolute discretion. This Reservation Agreement is binding on and inures to the benefit of the successors and assigns of OPERATOR and RENTER.

17. Time of the Essence

Time is of the essence of this Reservation Agreement.

18. Entire Reservation Agreement

This Reservation Agreement and the Confirmed Reservation contain the entire agreement and understanding between OPERATOR and RENTER with respect to the subject matter hereof. Any prior or contemporaneous agreements, promises, or negotiations, whether oral or written, that are not expressly set forth in this Reservation Agreement are of no force or effect. Notwithstanding anything to the contrary, each of OPERATOR and RENTER have registered as Members on the Best Truck Parking Platform, https://besttruckparking.com and have agreed to the Privacy Policy and Terms of Use set forth therein, including but not limited to the method of payment by RENTER and disbursement of funds to OPERATOR, cancellations and refunds, the collection of taxes, if appropriate, and exculpation/non-liability of Best Truck Parking. The parties acknowledge and agree that Best Truck Parking is not a party to this Reservation Agreement but is a third party beneficiary of this Reservation Agreement. Except as otherwise specified herein, this Reservation Agreement can be modified only by a writing signed by both OPERATOR and RENTER, provided that modification to any provisions of this Reservation Agreement affecting Best Truck Parking must be consented to in writing by Best Truck Parking as a third party beneficiary of this Reservation Agreement.

19. Disclaimers / Limitations of Liability

RENTER IS LICENSING THE SPACES AND ENTERING ON TO THE PREMISES TO ACCESS SUCH SPACES ON AN "AS-IS" AND "WHERE-IS" BASIS, AND RENTER CONFIRMS THAT NONE OF THE OPERATOR PARTIES OR Best Truck Parking HAVE MADE, AND ARE NOT MAKING, ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING OR WITH RESPECT TO THE PREMISES OR THE SPACES, INCLUDING THEIR PHYSICAL OR ENVIRONMENTAL CONDITION, SECURITY FEATURES, THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, THE REQUIREMENTS OF ANY APPLICABLE LAWS OR THE SUITABILITY OF THE SPACES OR PREMISES FOR DEPOSIT OF RENTER'S ASSETS OR ANY OTHER PERMITTED USE HEREUNDER.

THE PARTIES HERETO AGREE THAT (I) Best Truck Parking IS NOT A PARTY TO THIS RESERVATION AGREEMENT OR ANY OTHER AGREEMENTS ENTERED INTO BETWEEN OPERATORS AND RENTERS; (II) Best Truck Parking IS NOT A REAL ESTATE BROKER, AGENT OR INSURER; (III) Best Truck Parking HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, RENTERS, SPACES, OR OTHER RENTERS OF THE PLATFORM; AND (IV) Best Truck Parking DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE PARTIES AGREE THAT Best Truck Parking HAS NO CONTROL OVER THE CONTENT CONTAINED IN ANY OPERATOR PROFILE; THEREFORE THE PARTIES AGREE THAT Best Truck Parking MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES OR ASSETS. THE PARTIES ACKNOWLEDGE AND AGREE THAT Best Truck Parking IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL, LIABILITY RELATED TO THE FAILURE OF, OR DELAY BY, Best Truck Parking TO PROVIDE CONTACT INFORMATION TO A REQUESTING PARTY FOR ANOTHER PARTY FOR NOTICES BY OR BETWEEN OPERATOR AND RENTER, ANY AND ALL PROFILES, SPACES, PREMISES OR ASSETS. ANY PROFILES, RESERVATIONS OR USE OF THE SPACES/PREMISES ARE MADE, USED, OR ACCEPTED AT THE MEMBER'S OWN RISK.

THE PARTIES ACKNOWLEDGE AND AGREE THAT (I) Best Truck Parking IS NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN OPERATORS OR RENTERS WITH STRIPE, DWOLLA OR OTHER PAYMENT OR PAYOUT VENDORS OR PROVIDERS, INCLUDING BUT NOT LIMITED TO CREDIT CARD VENDORS OR DEBIT CARD VENDORS; (II) Best Truck Parking HAS NO CONTROL OVER THE CONDUCT OF STRIPE, DWOLLA, CREDIT CARD OR DEBIT CARD VENDORS OR PROCESSORS, AND (III) Best Truck Parking DISCLAIMS ANY AND ALL LIABILITY AND OBLIGATIONS IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE PARTIES ACKNOWLEDGE AND AGREE THAT Best Truck Parking DOES NOT INSPECT, REVIEW OR VERIFY THE PROFILES, THE SPACES OR ANY REPRESENTATIONS OR WARRANTIES MADE BY THE OPERATORS, RENTERS OR ANY MEMBERS. EVEN IF Best Truck Parking DOES ACTUALLY PERFORM ANY OF THESE TASKS, IT DOES SO FOR ITS OWN CONVENIENCE AND INFORMATION, DOES NOT DO SO FOR THE BENEFIT OF ANY MEMBER AND DOES NOT OWE A DUTY TO ANY MEMBER TO DISCLOSE ITS FINDINGS TO ANY MEMBER. YOU ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND Best Truck Parking ACCEPTS NO LIABILITY WITH RESPECT THERETO.

THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, Best Truck Parking HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE PARTIES ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE Best Truck Parking PARTIES BE LIABLE FOR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SPACES, THE PREMISES, PROFILES, ASSETS, USE OF ANY OF THE FOREGOING, USE OF THE PLATFORM, OR INTERACTIONS WITH ANY OTHER MEMBERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE PARTIES AGREE THAT IN NO EVENT WILL THE Best Truck Parking PARTIES BE LIABLE, IN THE AGGREGATE, FOR LOSSES OF ANY KIND EXCEEDING THE SUM OF ONE HUNDRED DOLLARS ($100.00). EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT Best Truck Parking WOULD NOT HAVE PROVIDED THE PLATFORM FOR YOUR USE IN THE ABSENCE OF THIS LIMITATION OF LIABILITY.

THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Best Truck Parking IS AN EXPRESS THIRD PARTY BENEFICIARY OF THIS AGREEMENT (INCLUDING THIS SECTION 19) AND THIS SECTION 19 MAY NOT BE MODIFIED OR ABROGATED TO REDUCE ANY PROTECTIONS TO Best Truck Parking WITHOUT Best Truck Parking'S PRIOR WRITTEN CONSENT, WHICH MAY BE WITHHELD IN Best Truck Parking'S SOLE AND ABSOLUTE DISCRETION.

20. Governing Law and Venue

This Reservation Agreement is to be governed and construed by the laws of the State of New Jersey. The parties agree that the proper venue for any litigation arising out of or relating to this Reservation Agreement shall be the State or Federal courts in the county which is closest to the Premise.

21. Inventory Responsibility

RENTER is responsible for knowing the locations of its own Assets. While OPERATOR may provide yard inventories or similar, these are not to be relied upon in lieu of RENTER's own record keeping. These yard lists are not intended to replace RENTER's in-house equipment tracking, and OPERATOR will not be responsible if additional per diem Reservation Fees accrue due to the continued presence of RENTER's Assets at the Premises whether or not due to any omission by OPERATOR's personnel, from any list, of any of RENTER's Assets.