• ACCEPTANCE OF TERMS; MODIFICATION OF TERMS

Welcome to PiggyBack, a web-based rideshare platform owned and operated by PiggyBack Network Inc. (“Company”, “we”, “us”, or “our”). These Standard Terms and Conditions (the “Standard Terms”) and all other terms of use, terms and conditions, policies, guidelines, or documents incorporated by reference herein, including, without limitation, our Privacy Policy (collectively, the “Terms of Use”), constitute a legally binding agreement between Company and each registered or unregistered user (“Users”, “you” or “your”) of the PiggyBack Website, https://www.piggybacknetwork.com (the “Site”), and/or the PiggyBack mobile application (the “App”, and collectively with the Site and all services provided therein, the “Platform”). By accessing and using the Platform and/or creating a User profile account on the Platform (an “Account”), you are deemed to have read, accepted, executed and be bound by the Terms of Use.
Company may change or amend the Terms of Use at any time at its sole and absolute discretion. We encourage you to fully review the Terms of Use carefully and to check the Terms of Use periodically for any updates or changes. If Company makes a material change or amendment to the Terms of Use it will provide a notification of such changes or amendments on the Platform, which changes or amendments will be effective automatically upon the posting of such notification. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding the terms of this paragraph, no revisions to the Terms of Use will apply to any dispute between you and Company that arose prior to the effective date of such revision.
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.
IF ANY PROVISION OF THE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

• DESCRIPTION OF PLATFORM

The Platform enables registered Users to arrange and schedule rides for their children who are at the time of such ride at least five (5) years of age and no older than eighteen (18) years of age (“Passengers”) with Company-approved drivers who are at least twenty-five (25) years of age (“Drivers”). To use the Platform, you must set up your User Account at the Site. To create an Account, you must enter a valid credit card account and set up a Passenger (and, if applicable, Driver) profile. The User profile requires you to provide certain personally identifiable information and will contain other information about you and others who use the Platform via your Account (“Registration Data”). You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. I f you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account. Please see our Privacy Policy for information on how we collect, use and disclose your personal information.
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.
Notwithstanding the foregoing, Company will facilitate the credit/payment between you and the Driver who provides the PiggyBack Services in accordance with the Terms of Use.

• ELIGIBILITY; AUTHORIZATION

You must be at least eighteen (18) years of age to create an Account. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use the Platform under the account and supervision of a parent or legal guardian who has agreed to be bound by the Terms of Use. If you are a parent or legal guardian of a child under the age of eighteen (18) (or the age of legal majority under the applicable law of the state or jurisdiction of your primary residence) who will be using the Platform or the PiggyBack Services, you agree to be fully responsible for the acts or omissions of such Passenger in connection therewith and for the acts of anyone you authorize to arrange for PiggyBack Services through the Platform or of any Passenger for whom you book any PiggyBack Services. If you are accessing or using the Platform on behalf of another person or entity, you represent that you are authorized to accept the Terms of Use on that person or entity’s behalf and that the person or entity agrees to be bound by the Terms of Use and responsible to us if you or the other person or entity violates the Terms of Use. You represent and warrant to Company that you will only book PiggyBack Services for Passengers for whom you have been specifically authorized to do so by the parent or legal guardian of the Passenger and who have agreed to the Terms of Use.

• PAYMENT TERMS

• PLATFORM LICENSE

Company hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Platform solely as permitted by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject in all respects to the Terms of Use, and not for redistribution of any kind (the “Platform License”). This Platform License does not include any resale or commercial use of (i) the Platform, (ii) any Registration Data (defined below), or (iii) any content, materials, information, text, data, copyrights, Trademarks, logos, designs, insignia, graphics, identifying marks, Site/App pages, software, and other original works of authorship and/or intellectual property incorporated into Platform by or on behalf of Company (collectively, “Platform Content”), which Platform Content is and shall remain the sole and exclusive property of Company (or the applicable third-party licensor thereof).
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

The Platform, Platform IP and any information or content belonging to another User may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, or without the express prior written consent of Company, the applicable User, and/or the applicable third-party owner thereof, in each instance.
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
• Use the Platform or the PiggyBack Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates the Terms of Use or any laws or regulations.

You may also only post or otherwise share User information or content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User content that:

• 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.

In addition, although we have no obligation to screen, edit or monitor User content, we may delete or remove User content at any time and for any reason.

• REPRESENTATIONS AND WARRANTIES

The Platform is available only to persons who are eighteen (18) years or older (or any other applicable age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence). BY ACCESSING AND USING THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE CREATION OF AN ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OLD (or any other applicable age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence) and are fully able and competent to enter into the Terms of Use, or (II) IF YOU ARE APPLYING TO BE A DRIVER, YOU ARE AT LEAST TWENTY-FIVE YEARS OLD.
You represent and warrant that that you have the right, authority and capacity to enter into, and to be bound by, the Terms of Use and to abide by the terms and conditions of the Terms of Use, and that you will so abide.
You represent and warrant that: (i) (1) all Registration Data and (2) all User content and other information that you submit onto the Platform, is true, accurate, current and complete; (ii) that you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable third-party owner of, any User content or other information you submit or upload onto the Platform to grant Company the rights set forth herein, free and clear any of further payment or attribution requirements; and (iii) that such User content and other information, when used for the purposes in which it is submitted onto the Platform, does not infringe upon the rights of any third-party, including, without limitation, contract rights, intellectual property rights, propriety rights and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data, User content and other information that you post, upload, link to, publish, exchange, or display onto the Platform and that Company reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such Registration Data, User content or other information from the Platform that Company determines, in its sole discretion, does not comply with the Terms of Use, or for any other reason, without notice or liability to you.
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

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ Account, profile name, e-mail addresses, usage history, uploaded User content, IP addresses, and traffic information.
We further reserve the right, in our sole discretion and without notice or liability to you, to disable your Account, suspend or terminate your use of, or access to, the Platform (either in whole or in part) at any time for any reason with any conditions, including, but not limited to, if we believe that you have violated or acted inconsistently with the Terms of Use or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable in our sole discretion, including, without limitation, any violation of the restrictions set forth in Section 6 hereof. We may also disable your Account, suspend or terminate your access to the Platform, if you file any claim against Company or file any claim that involves the Platform. We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of the Terms of Use or any other act or omission by you that gives rise to a claim by Company, and our disabling of your Account, our suspension or termination of your use of, or access to, the Platform shall be without prejudice to, and shall not be deemed a waiver of, the foregoing. If we terminate, limit, or suspend your right to use the Platform, you are prohibited, without Company’s prior written consent, from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In the event your right to use the Platform terminated, limited, or suspended, the Terms of Use will remain in effect and enforceable against you.
You may terminate the Terms of Use at any time by deleting your Account and ceasing all use of the Platform. Please note that, deleting the Platform from your computer or mobile device will not delete your Account. If you wish to delete your Account, please login to your Account on the Site or click the Account profile icon in the App, and once inside your Account profile, select "Delete Account". Please note that if you delete your Account, all Registration Data, PiggyBack Credits, and User content will automatically be deleted. We are not responsible for any loss or harm related to your inability to access or use the Platform.
Notwithstanding the foregoing, all sections of the Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Terms of Use.

• LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS, OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
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.

• INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company Parties from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of the Platform or the Piggyback Services; (b) your User content or feedback; (c) your violation of the Terms of Use; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in the Terms of Use; or (e) your conduct in connection with the Platform or the PiggyBack Services, including any bodily injury or property damage you cause. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.

• DISCLAIMERS

YOUR USE OF THE PLATFORM OR THE PIGGYBACK SERVICES IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM.
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.

• FEEDBACK

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

• PLATFORM ACCESS REQUIREMENTS; UPDATES AND MAINTENANCE

Access to and use of the Platform requires a compatible mobile device/web browser and internet connection. It also requires that we have access to your device identifier and location information. Although we are working to ensure that the Platform is compatible across various devices, we cannot guarantee that the Platform will work with all devices.
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

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to the Terms of Use resolved in court. Instead, all claims or disputes arising out of or relating to the Terms of Use will be resolved through confidential binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Company agree that any dispute arising out of or related to the Terms of Use is personal to you and Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Company agree that the Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, the Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by the Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THE TERMS OF USE OR THE PLATFORM MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms of Use by emailing Company at concierge@piggybacknetwork.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section.

• GOVERNING LAW

The Terms of Use are governed by and construed in accordance with the internal laws of the State of Illinois, without reference to principles of conflicts of laws, and any action arising out of or relating to the Terms of Use shall be filed only in the state or federal courts located in Cook County, Illinois and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such action.
You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Platform or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.

• PRIVACY

Your privacy is very important to us. To understand our practices, please review our Privacy Policy, which is incorporated by reference into these Standard Terms and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.

• ASSIGNMENT

Company may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under the Terms of Use to any company, firm or person. You may not transfer your rights or obligations under the Terms of Use to anyone else.

• WAIVER AND SEVERABILITY; ENTIRE AGREEMENT

Failure by Company to enforce any provision(s) of the Terms of Use will not be construed as a waiver of any provision or right. If any provision of the Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. The Terms of Use incorporate by reference any notices contained on the Platform and constitute the entire agreement with respect to access to and use of the Platform.

• CONTACT US

General questions or comments about the Platform or the Terms of Use should be sent either by email to concierge@piggybacknetwork.com or mail to

PiggyBack Network Inc.,
10357 S. Leavitt St
Chicago, IL 60643