Terms And Conditions
Last updated June 5, 2022.
STANDARD TERMS AND CONDITIONS
- ACCEPTANCE OF TERMS; MODIFICATION OF TERMS
YOU ACKNOWLEDGE THAT THE PLATFORM IS MERELY A TECHNOLOGY SERVICE; THAT COMPANY DOES NOT PROVIDE YOU WITH ANY TRANSPORTATION SERVICES, AND THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE PLATFORM DOES NOT ESTABLISH COMPANY AS A TRANSPORTATION CARRIER OR AS A PROVIDER OF TRANSPORTATION SERVICES.
- DESCRIPTION OF PLATFORM
Drivers are not employees of Company, but rather provide the transportation services (the “PiggyBack Services”) directly to you. Although Company conducts certain screening of Drivers as described within PiggyBack’s Background Check Process (the “Driver Screening”), any agreement regarding the PiggyBack Services is strictly between you and the Driver, and Company is not responsible or liable for the PiggyBack Services or for the conduct, acts or omissions of any Driver. Unless otherwise expressly agreed by Company in a separate, signed written agreement with you, the Platform is made available solely for your personal, noncommercial use, and you are authorized to access and use the Platform (including the Platform IP, defined below) solely for your personal use in connection with obtaining PiggyBack Services. Company and/or Drivers reserve the right to refuse services to any passenger or passenger’s legal guardian, at their sole discretion for any cause.
- ELIGIBILITY; AUTHORIZATION
- PAYMENT TERMS
- PLATFORM LICENSE
As between any User and Company, Company retains all right, title and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all Platform Content, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and (v) the coordination, selection, arrangement and enhancement of such Platform Content as a Collective Work under the United States Copyright Act, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Platform IP other than the express license granted therein pursuant to the Term of use. Platform IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
The Company trademarks, service marks, and logos (the “Company Trademarks”) used and displayed on the Platform are Company’s registered and unregistered trademarks or service marks. Other product and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Company or the applicable third-party, Company’s or a third- party’s products or services (including, without limitation, the Platform), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Platform without Company’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of Company or the applicable third-party owner thereof.
- PROHIBITED CONDUCT
Without limiting the foregoing, while using the Platform, you may not conduct any of the following activities:
- Engage in any harassing, threatening, intimidating, predatory, violent or stalking conduct;
- Use or attempt to use another User’s Account without authorization from that User and Company or arrange or attempt to arrange rides for any Passenger for whom you are not authorized to do so;
- Use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Platform or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
- Reverse engineer any aspect of the Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Platform;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Platform that you are not authorized to access;
- Develop or use any third-party applications that interact with the Platform without our prior written consent, including any scripts designed to scrape or extract data from the Platform;
- Use any data mining, robots or similar data gathering or extraction methods on the Platform; or
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, false, misleading, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent including, without limitation, addresses, phone numbers, and email addresses;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying the Platform, or that may expose Company or others to any harm or liability of any kind.
- REPRESENTATIONS AND WARRANTIES
You represent and warrant that any User content, Registration Data, and other information that you upload to the Platform: (i) will not be fraudulent or involve the sale of counterfeit or stolen items; (ii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (iv) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (v) will not create liability for Company or cause Company to lose (in whole or in part) the services of its Internet service providers (ISPs) or other partners or suppliers.
- UNLAWFUL ACTIVITY; SUSPENSION AND/OR TERMINATION OF PLATFORM ACCESS
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.
FOR THE AVOIDANCE OF DOUBT, COMPANY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND COMPANY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A USER THROUGH THE USE OF THE PLATFORM. ANY DECISION BY A USER OR PASSENGER TO ACCEPT TRANSPORTATION FROM A DRIVER IS A DECISION MADE IN SUCH USER’S OR PASSENGER’S SOLE DISCRETION.
COMPMANY OFFERS INFORMATION AND TECHNOLOGY TO CONNECT USERS AND DRIVERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OR OTHER SERVICES PROVIDED TO ANY USER OR PASSENGER BY ANY DRIVER PROVIDING PIGGYBACK SERVICES.
ALTHOUGH COMPANY CONDUCTS CERTAIN DRIVER SCREENINGS AS DESCRIBED AT PIGGYBACK’S BACKGROUND CHECK PROCESS, AND ALTHOUGH ONLY DRIVERS WHO SUCCESSFULLY COMPLETE THE DRIVER SCREENING PROCESS, AS DETERMINED IN COMPANY’S DISCRETION, ARE PERMITTED TO USE THE PLATFORM TO PROVIDE PIGGYBACK SERVICES, NO SCREENING PROCESS IS PERFECT. AS A RESULT, COMPANY CANNOT AND DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE ACCURACY OR EFFICACY OF THE DRIVER SCREENING PROCESS OR THE SUITABILITY, SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF ANY DRIVER, THE PIGGYBACK SERVICES PROVIDED BY ANY DRIVER, OR THE CONDITION OF THE VEHICLES IN WHICH ANY PIGGYBACK SERVICES ARE PERFORMED.
IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER WILL MEET YOUR NEEDS AND EXPECTATIONS.
COMPANY WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A DRIVER. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING A DRIVER THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF DRIVER ARRANGED OR SCHEDULED USING THE PLATFORM IS AT YOUR OWN RISK AND JUDGMENT. COMPANY WILL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH DRIVER OR IN CONNECTION WITH ANY FAILURE OR ERROR WITH RESPECT TO ANY DRIVER SCREENINGS.
- PLATFORM ACCESS REQUIREMENTS; UPDATES AND MAINTENANCE
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and Company accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).
Your access to the Platform may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Platform. In addition, perfect security does not exist on the Internet; Company cannot and does not guarantee that any Registration Data or other personally identifiable information submitted to the Platform and selected by you to remain private (as applicable) will not become public under any circumstances.
Company may in the future update the Platform for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Company shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Platform or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Company is under no obligation to undergo an Update of the Platform to the extent any Platform Content, User Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Platform until you have downloaded the latest version and accepted any new terms.
- DISPUTE RESOLUTION; BINDING ARBITRATION
- GOVERNING LAW
- WAIVER AND SEVERABILITY; ENTIRE AGREEMENT
- CONTACT US
PiggyBack Network Inc.,
10357 S. Leavitt St
Chicago, IL 60643