YardWave Yard Subscription Agreement

Version 1.1, effective October 10, 2026.

This Yard Subscription Agreement (the "Agreement") is between Eduardo R. Salinas, an individual doing business as SiteWave Creative ("we", "us", "our"), and the business that subscribes to YardWave ("you", "Customer"). It takes effect when you accept it by checking the box to agree during enrollment, by signing an order form that references it, or by using the Service, whichever comes first. The person accepting confirms that they have authority to bind the Customer. In addition, your Account Holder must sign the Acknowledgment of Responsibility in Schedule A before your Widget or hosted search pages show your inventory to the public.

1. Definitions

• "Service": the YardWave software, dashboards, mobile tools, public search pages, Widget, APIs and related services we provide, as described in our documentation.
• "Widget": the embeddable search tool you may place on your own website.
• "Plan": the subscription level, fees, included Active Vehicle Count and Add-ons shown in your account or on an order form.
• "Add-on": an optional feature sold separately from the base Plan, such as What Fits, our parts compatibility search.
• "Active Vehicle Count": the number of vehicles recorded in the Service as currently in your yard (status incoming or available), counted daily.
• "Authorized Users": your owners, employees and contractors whom you permit to use the Service under your account.
• "Account Holder": the one Authorized User, authorized to bind you, who acts for you under this Agreement: accepting it and signing Schedule A, receiving notices, controlling access, and asking us to export your data, deactivate your yard or delete it. You may ask us in writing to name a different Authorized User as your Account Holder.
• "Customer Data": data you or your Authorized Users put into the Service, including vehicle records, VINs, photos, part records, prices, yard details and notes.
• "Patron": a member of the public who holds a YardWave account under our Patron Terms of Service.
• "Joined Patron": a Patron who has chosen, through the Service, to join your yard, for example to see the location of your vehicles or to save alerts for your yard.
• "Patron Contact Information": the name and contact details of a Joined Patron that the Service makes available to you.

2. The Service

THE SERVICE IS A SOFTWARE TOOL. YOU OPERATE YOUR YARD, AND YOU ARE THE SOLE SOURCE AND PUBLISHER OF YOUR INVENTORY. You use the Service to record, manage and publish your own information about your own yard. You decide what is entered, changed, removed and shown. We host and display that information at your direction, including on your website and on our hosted pages, but we do not create, review, verify or edit it, and it remains your statement to the public even where our name or branding appears alongside it. We do not operate, own, control, supervise or inspect any yard, vehicle, part, premises or person, sell any part, or provide any safety guidance.

2.1 Access. Subject to this Agreement and payment of fees, we grant you a non-exclusive, non-transferable right during your subscription for your Authorized Users to use the Service for your internal business purposes, and to publish your inventory through the Widget and our hosted search pages.

2.2 Widget. You may place the Widget only on websites you own or control and have registered in your account's allowed domains. You may not modify, copy or reverse engineer it, or place it where it could mislead a Patron about who operates the Service.

2.3 Authorized Users. You are responsible for your Authorized Users and everything done under your account. Your Account Holder controls who has access and at what role. Keep sign-in credentials confidential.

2.4 Changes to the Service. We improve the Service over time and may change it. We will not materially reduce the core functionality of your Plan during a period you have already paid for.

2.5 Add-ons. Add-ons are optional and billed separately. Some depend on data we license from third parties. If a supplier's license changes or ends, we may change or withdraw the affected Add-on, and will refund any fees you prepaid for it for the period after withdrawal.

2.6 Pre-release features. Features we identify as beta, preview or pre-release are provided as is, may change or be withdrawn, and are excluded from any commitment in this Agreement.

2.7 Support. We provide support by email at hello@yardwaveapp.com during our normal business hours and use reasonable efforts to respond promptly. No uptime guarantee or service level agreement applies unless one is set out in a signed order form.

2.8 Support access to your account. To provide support, investigate a problem, or protect the Service, our personnel, including support staff we appoint, may access your account. Each such access is recorded, time-limited and made for a stated reason, support staff can reach only the yards we assign to them, and you may ask us for the record of access to your account.

2.9 Content standards and removal. We may remove, hide or blur any content, or suspend its display, without prior notice, if we believe it violates this Agreement, the law or someone's rights, or if we receive a complaint about it, including a notice of claimed copyright infringement. We respond to such notices under the Digital Millennium Copyright Act sent to our copyright agent (SiteWave Creative, Attention: Copyright Agent) at the address in Section 16, and we terminate, in appropriate circumstances, the accounts of repeat infringers. We have no duty to monitor content.

2.10 Reasonable use. The Service does not limit the number of vehicles or photos you record in normal use. To protect the Service, we may set reasonable limits on storage, file sizes or request volumes, with 30 days' notice, or immediately where use threatens the Service or is plainly abusive.

3. Your responsibilities

3.1 Accuracy of your data. You are solely responsible for Customer Data, including the accuracy and timeliness of inventory, part availability, prices, core charges, vehicle details and vehicle locations. The Service shows Patrons what you record, and you agree to keep it reasonably current, including by marking parts sold, removed or unavailable.

3.2 Suggestions and pre-filled information are yours once published. Some features suggest or pre-fill information for you, such as VIN decoding, expected-parts lists generated from templates, prices from your price list, and compatibility information. These are aids only, and may be wrong or incomplete. You are responsible for reviewing, correcting and removing anything the Service pre-fills, and anything published under your account is your content, whether you typed it or accepted a suggestion.

3.3 Your yard, your sales, your patrons on site. You alone operate your yard and its premises. You are solely responsible for your admission policies and fees, safety rules, waivers, supervision, equipment, environmental and salvage compliance, and for every sale of parts, including pricing, taxes, core charges, returns, refunds and warranties. You are the seller of every part. We are not a party to any sale and have no responsibility for your premises or for anything that happens there. Any yard rules, safety information or warnings you show to patrons, including through the Service, are your content and your responsibility.

3.4 Photos and content. You own or are licensed to use all content you upload, and you will not upload photos copied from auction sites, other yards or anywhere else you have no right to use. Photos must not show identifiable people, readable license plates, or personal information left in vehicles, such as registration papers, mail, identification cards or other documents. You will not upload unlawful, infringing or misleading content. We may blur or remove anything that breaks these rules.

3.5 VINs. You authorize us to publish the VINs of your vehicles through the Service. You will not publish personal information obtained from motor vehicle records, or any information you are not allowed to disclose.

3.6 Compliance with law. You will comply with all laws that apply to your business and your use of the Service, including consumer protection, pricing and advertising, salvage, recycling and titling, environmental, tax, employment, privacy, and marketing laws such as CAN-SPAM and the Telephone Consumer Protection Act.

3.7 Your website. You are responsible for your own website and its terms and privacy notice, including disclosing that it contains a search tool provided by us, and disclosing any analytics or advertising tools you run on the page where the Widget appears.

3.8 Acceptable use. You will not, and will not allow anyone to: resell, sublicense or provide the Service to anyone else; scrape or extract data from the Service beyond your own Customer Data and Patron Contact Information; reverse engineer the Service; bypass any access control, rate limit or security measure; interfere with the Service; use it to build a competing product; or use it for any unlawful purpose.

3.9 Insurance. Throughout your subscription you will maintain commercial general liability insurance covering your yard and operations, with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, from a reputable insurer. On our request, you will have us named as an additional insured and give us a certificate of insurance. Your insurance is primary to any insurance we carry for claims arising from your yard or operations.

3.10 Your right to sell. You represent and warrant that you have the legal right to possess, dismantle and sell every vehicle and part you list, that your acquisition and processing of vehicles complies with the titling, salvage and anti-theft laws that apply to you, and that you make the reports those laws require, including to the National Motor Vehicle Title Information System where required.

3.11 Account security. You will use the security features we offer, keep your Authorized Users' sign-in methods secure, remove access promptly when someone leaves, and tell us at hello@yardwaveapp.com within 72 hours of learning of any unauthorized access to your account.

3.12 Your waiver. If you ask patrons to sign a waiver or release to enter your yard, we recommend that it name YardWave and its operator as released parties, using the wording in Schedule B or wording your own lawyer approves. This is a recommendation, not a condition of the Service.

4. Patrons and Patron data

4.1 Patron accounts belong to the platform. Patrons hold their accounts with us under our Patron Terms of Service and Privacy Policy. A Patron's account works across every yard on the Service. You do not own Patron accounts, and you receive no information about Patrons who have not joined your yard, or about any Patron's activity at other yards.

4.2 What you receive. The Service makes Patron Contact Information for your Joined Patrons available to you.

4.3 How you may use it. You may use Patron Contact Information to answer and serve those Patrons and to send them communications the law permits. You are an independent business responsible for how you handle it under your own privacy notice and applicable law. You will:

1. honor every opt-out and unsubscribe request promptly;
2. not send marketing text messages to a Patron unless you have obtained that Patron's consent yourself, in the form the law requires;
3. not sell, rent or disclose Patron Contact Information to any third party, except service providers acting only for you;
4. not attempt to identify or contact Patrons beyond your Joined Patrons; and
5. protect it with reasonable security.

4.4 Patron requests. If a Patron asks us to exercise a privacy right concerning information you hold, we may forward the request to you, and you are responsible for responding as the law requires.

4.5 On departure. When your subscription ends, you may export the Patron Contact Information of your Joined Patrons as described in Section 7, and may keep it subject to Section 4.3, which continues to apply. Patron search histories, activity data and anything concerning other yards are never exported.

5. Fees and payment

5.1 Fees. You will pay the fees for your Plan and any Add-ons. The base Plan fee is set by your Active Vehicle Count as described in your Plan. Add-on fees are separate.

5.2 How the Active Vehicle Count is measured. We bill on the average of your daily Active Vehicle Counts over each billing period, so a short-lived spike does not change your bill. If the average moves you above the count your Plan includes, the higher fee applies from the next invoice, and we will notify you before the first invoice at a higher level. We never limit how many vehicles you can record because of your Plan; only the fee adjusts.

5.3 Founding member pricing. If your Plan identifies you as a founding member, your founding price applies for as long as your subscription remains continuously active and paid, and to the Active Vehicle Count and Add-ons stated in your Plan. It ends if your subscription is cancelled or terminated for non-payment, and is not transferable.

5.4 Billing. Fees are billed monthly or annually in advance, as your Plan states, through our payment processor, Stripe, and you authorize us to charge your payment method for them on each billing date. Adjustments for your Active Vehicle Count are billed monthly, on the following invoice, however your Plan is paid. Invoices are sent to hello@yardwaveapp.com or the billing contact in your account.

5.5 Taxes. Fees exclude taxes. You pay all sales, use and similar taxes on the Service, other than taxes on our income.

5.6 Failed payments. If a payment fails, we will tell you and retry. If it remains unpaid 14 days after its due date, we may suspend the Service: the Widget stops showing your inventory, and your dashboard becomes read-only so you can still see and export your data. If it remains unpaid 30 days after suspension, we may terminate this Agreement under Section 6.3.

5.7 Price changes. We may change fees on at least 30 days' notice, effective from your next billing period after the notice ends. Founding member pricing under Section 5.3 is not affected.

5.8 No refunds. Fees are non-refundable, including for partial billing periods and unused features, except as stated in Sections 2.5, 6.4 and 13.5, or where the law requires a refund.

5.9 Billing disputes. Tell us of any disputed charge within 60 days of the invoice date. Otherwise the invoice is final. Do not reverse a charge with your bank or card issuer without first giving us the chance to resolve it under Section 14.1.

6. Term, cancellation and termination

6.1 Term. Your subscription runs month to month, or for the longer period stated in your Plan, and renews automatically for successive periods of the same length until cancelled.

6.2 Cancellation by you. You may cancel at any time in your account. Cancellation takes effect at the end of the current billing period, and you keep access until then.

6.3 Termination by us. We may terminate this Agreement:

1. if you materially breach it and do not cure the breach within 30 days of our notice;
2. for non-payment, as described in Section 5.6;
3. immediately if you use the Service unlawfully, misuse Patron Contact Information, list vehicles or parts you have no right to sell, threaten the security or integrity of the Service, or expose us to legal liability; or
4. for any reason on at least 30 days' notice.

6.4 Refund on termination for convenience. If we terminate under Section 6.3(4), we will refund fees you prepaid for the period after termination.

6.5 Suspension. We may suspend all or part of the Service immediately where reasonably needed to prevent harm to the Service, Patrons or others, or to comply with law, and will restore it once the cause is resolved.

6.6 Effect of termination. When this Agreement ends, your right to use the Service ends, the Widget stops showing your inventory, and Section 7 applies to your data.

6.7 Deactivating your yard. Your Account Holder may deactivate your yard at any time. While it is deactivated, the Widget and hosted search pages stop showing your inventory, your data is kept, and your subscription is paused, so you are not charged. Your Account Holder may reactivate it, which resumes your subscription. If your yard stays deactivated for 90 days, we will treat that as a request to delete it under Section 7.3. We will notify your Account Holder before then, and you will still have the 30 days described in Section 7.3 to return.

7. Data export and deletion

7.1 Export. During your subscription, and for 30 days after it ends, your Account Holder may export your Customer Data and the Patron Contact Information of your Joined Patrons in a standard electronic format. Before any deletion described below, we will offer you an export.

7.2 Deletion 30 days after the end. We delete your Customer Data and our records of your Joined Patrons 30 days after your subscription ends.

7.3 Deletion on request. Your Account Holder may ask us to delete everything when you leave. We will first offer an export, then require your Account Holder to confirm the request. When it is confirmed, your subscription is cancelled, the Widget and hosted search pages stop showing your inventory, and we delete your Customer Data and our records of your Joined Patrons 30 days later. Until then you may change your mind: your Account Holder may withdraw the request and resubscribe, and your data will be as you left it. Once deleted, data cannot be recovered. We are not responsible for any loss resulting from deletion you requested.

7.4 What is kept. Deletion under Sections 7.2 and 7.3 covers everything except: records the law requires us to keep, such as billing and tax records; information subject to a legal hold; records of fraud or abuse; records of acceptance of this Agreement and Schedule A; and data that has been de-identified and aggregated so that it no longer identifies you or any person. Deleted data may remain in our secure backups for a short period until they are routinely overwritten.

7.5 Patron accounts are not deleted. Patron accounts belong to the platform (Section 4.1). When you leave, we delete your records of your Joined Patrons, not their accounts, which they continue to use at other yards.

7.6 Confirmation. On request we will confirm in writing that deletion has been completed.

8. Ownership and licenses

8.1 Your data. You own Customer Data. You grant us a worldwide, non-exclusive, royalty-free license, for the term of this Agreement and the export and deletion periods in Section 7, to host, copy, process, transmit, resize and display Customer Data to provide the Service, including publicly through the Widget and our hosted search pages, and, only if you opt in, through search that spans multiple yards.

8.2 Aggregated data. We may create data that is de-identified and aggregated, so that it does not identify you, any Patron or any person, and use it to operate, analyze and improve the Service. We own that aggregated data.

8.3 Our property. We and our licensors own the Service, including its software, design, the platform part catalog, documentation and all improvements, whether or not based on your feedback. Third-party data in the Service, such as compatibility catalog data, is licensed to us and may not be copied, extracted or redistributed. No rights are granted except as stated in this Agreement.

8.4 Feedback. If you give us suggestions or feedback, we may use them without restriction or obligation to you.

8.5 Customer name. We may identify you as a customer, using your business name and logo, on our website and in marketing materials, unless you ask us in writing not to.

9. Confidentiality

Each party will protect the other's non-public business information that it receives under this Agreement ("Confidential Information") with reasonable care, use it only to perform this Agreement, and disclose it only to people who need to know it and are bound by similar obligations. This does not apply to information that is or becomes public through no fault of the recipient, was already known to it, was independently developed, or was lawfully received from someone else. A party may disclose Confidential Information where the law requires, after giving the other party reasonable notice where the law allows. These obligations last for three years after this Agreement ends.

10. Security and data processing

10.1 Security. We maintain reasonable administrative, technical and physical safeguards for the Service, including separation of each yard's data at the database level.

10.2 Our role. For personal information in Customer Data, such as your staff's details, we act as your service provider: we process it only to provide the Service, as this Agreement and your use of the Service direct, and as the law requires; we require our personnel and providers to keep it confidential; and we delete it as Section 7 describes. For Patron accounts, which belong to the platform, we act as an independent business under our Privacy Policy.

10.3 Providers. We use the service providers listed in our Privacy Policy, under contracts that protect the data. We will update that list before adding a provider that handles Customer Data.

10.4 Incidents. If we confirm unauthorized access to your Customer Data, we will notify you without undue delay, and where feasible within 72 hours of confirming it, with what we know. We handle notices to Patrons about their accounts as the law requires. You handle any notices the law requires for information you hold yourself, including Patron Contact Information after you export it. A notice of an incident is not an admission of fault.

10.5 No guarantee. No system is perfectly secure, and we do not guarantee that unauthorized access will never occur.

11. Warranties and disclaimers

11.1 Mutual. Each party confirms that it has the authority to enter into this Agreement.

11.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIRD-PARTY DATA SUCH AS VIN DECODING OR COMPATIBILITY INFORMATION IS ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR NUMBER OF PATRONS, VISITS, SALES OR REVENUE.

12. Indemnification

You will defend, indemnify and hold harmless us and our owners, employees, contractors and agents from any third-party claim, and any resulting loss, damages, fines, costs and reasonable attorneys' fees, arising out of or related to:

1. your yard, premises or operations, including any injury, illness, death or property damage occurring there;
2. any part or vehicle you sell or make available, and any sale, price, warranty or refund, including any claim that a vehicle or part was stolen or that you had no right to sell it;
3. Customer Data, including a claim that it is inaccurate, infringing, unlawful or shows a person or their information;
4. your use of Patron Contact Information;
5. your website;
6. any access to your account made with your Authorized Users' sign-in methods; or
7. your breach of this Agreement or violation of law.

YOUR OBLIGATIONS UNDER THIS SECTION 12 APPLY EVEN IF THE CLAIM ALLEGES THAT WE WERE NEGLIGENT, INCLUDING THAT INFORMATION IN THE SERVICE WAS INACCURATE OR OUT OF DATE, OR THAT WE ARE STRICTLY LIABLE. THEY DO NOT APPLY TO THE EXTENT A COURT FINALLY DETERMINES THAT A LOSS WAS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

We will give you prompt notice of the claim, reasonable cooperation at your expense, and control of its defense, but you may not settle a claim that imposes any obligation or admission on us without our written consent, and we may take part in the defense with our own counsel at our own cost.

13. Limitation of liability

13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OR DATA, EVEN IF TOLD SUCH DAMAGES ARE POSSIBLE.

13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID US UNDER THIS AGREEMENT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.

13.3 The limits in Section 13.1 do not apply to your payment obligations, your obligations under Section 12, or your breach of Section 4.

13.4 Basis of the bargain. You acknowledge that the fees reflect the allocation of risk in Sections 2, 3, 11, 12 and 13, that we would not provide the Service at these fees without it, and that these Sections apply even if a remedy fails of its essential purpose.

13.5 Your remedy for Service failures. If the Service fails to work as this Agreement describes, tell us and we will use reasonable efforts to correct it. If we cannot correct it within 30 days, you may terminate this Agreement and we will refund the fees you prepaid for the period after termination. This is your exclusive remedy for a failure of the Service.

14. Disputes, governing law and venue

14.1 Talk first. Before starting any legal proceeding, a party will give the other written notice of the dispute, and the parties will try in good faith to resolve it for 30 days, except where urgent relief is needed.

14.2 Governing law and venue. This Agreement is governed by the laws of the State of Texas, without regard to conflict of laws rules. The state and federal courts located in Bexar County, Texas have exclusive jurisdiction, and each party consents to it.

14.3 JURY WAIVER. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

14.4 Individual claims only. Claims may be brought only on an individual basis, not as part of any class, collective or representative action.

14.5 Collection. If we must take action to collect amounts you owe, you will pay our reasonable costs of collection, including attorneys' fees.

15. Changes to this Agreement

We may update this Agreement. Changes apply only going forward, never to anything that happened before they take effect. We will notify your Account Holder at least 30 days before a material change takes effect. If you do not agree, you may cancel before the change takes effect, and the version you last accepted applies until your cancellation takes effect. Continuing to use the Service after a change takes effect means you accept it.

16. Notices

Notices to you go to your Account Holder's email address. Notices to us go to hello@yardwaveapp.com and 20711 Wilderness Oak, Suite 107 PMB 3039, San Antonio, TX 78258. An email notice is treated as received 24 hours after it is sent, unless the sender receives notice of non-delivery.

17. General

17.1 Independent parties. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary or employment relationship.

17.2 Assignment. You may not assign this Agreement without our written consent. We may assign it, on notice to you, to an affiliate, to a business entity we form to operate the Service, or in connection with a merger, acquisition or sale of all or substantially all of the business.

17.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of internet, hosting or other providers, natural disasters, epidemics and government action, other than payment obligations.

17.4 Entire agreement and order of precedence. This Agreement, your Plan, any signed order form, and the documents referenced in it are the entire agreement between the parties about the Service. If they conflict, a signed order form controls, then this Agreement, then your Plan as shown in your account.

17.5 No third-party beneficiaries. This Agreement benefits only the parties. Patrons are not beneficiaries of it.

17.6 Other terms. If any provision is held unenforceable, it will be limited or removed only as far as necessary, and the rest remains in effect. A failure to enforce a provision is not a waiver. Sections 3.3, 3.10, 4.3, 4.5, 5 (for unpaid amounts), 7 through 14, and 17 survive the end of this Agreement. This Agreement may be accepted and signed electronically.

18. Contact

Eduardo R. Salinas, doing business as SiteWave Creative, 20711 Wilderness Oak, Suite 107 PMB 3039, San Antonio, TX 78258. Support: hello@yardwaveapp.com. Billing: hello@yardwaveapp.com. Legal notices: hello@yardwaveapp.com.

Schedule A: Acknowledgment of Responsibility

To be signed by the Customer's Account Holder, who must be authorized to bind the Customer, with each statement initialed, before the Customer's inventory is shown to the public. This Schedule is part of the Agreement. It restates, for the Customer's express acknowledgment, terms that already appear in the Agreement; if anything here differs from the Agreement, the version more protective of SiteWave Creative applies to the extent the law allows.

In this Schedule, "SiteWave Creative" means Eduardo R. Salinas, doing business as SiteWave Creative and as YardWave, and any business entity to which the Agreement is assigned.

Customer legal name: ______________________________

Signed by (printed name): ______________________________ Title: ______________

Signature: ______________________________ Date: ______________

When accepted electronically, the Service records each initialed statement, the signer's name and title, the Agreement version and a hash of its text, the date and time, the IP address and the browser.

Schedule B: Suggested wording for the Customer's own waiver

A recommendation, not a requirement (Section 3.12). A Texas release protects only the parties it names or identifies unmistakably. If the Customer asks patrons to sign a release before entering its yard, adding the following to the list of released parties extends that release to the software the Customer uses. The Customer's own lawyer should approve the final text, which must keep the conspicuous negligence language its release already uses.

"Released Parties" also includes YardWave and its operator, Eduardo R. Salinas, doing business as SiteWave Creative, and any business entity that later operates YardWave, and their owners, employees and agents, who provide the inventory software [Yard name] uses. THIS RELEASE OF THE RELEASED PARTIES INCLUDES CLAIMS ARISING FROM THEIR OWN NEGLIGENCE, including any claim that inventory, location or other information they display was inaccurate or out of date, but not their gross negligence or intentional misconduct.

Schedule C: Optional waiver of consumer rights

Only for a Customer that is represented by its own lawyer, chosen by the Customer and not identified, suggested or selected by us, and only after that lawyer has reviewed this Agreement. The Texas Deceptive Trade Practices Act treats many small businesses as consumers and voids a waiver of its protections unless every condition in Business and Commerce Code Section 17.42 is met, including this form, in bold type of at least 10 points. Leave this Schedule unsigned otherwise.

WAIVER OF CONSUMER RIGHTS

I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.

Customer legal name: ______________________________

Signed by (printed name and title): ______________________________ Date: ______________

Customer's attorney (name and firm): ______________________________