Terms

PIKK TRANSPORTATION LLC TERMS & CONDITIONS

INTRODUCTION. Please, read this Web page carefully. It contains the Terms of Use governing Your access to and use of www.GETPIKK.com  (hereinafter the “Website” or “Site”) and to any associated websites owned or operated by PIKK TRANSPORTATION LLC, a Florida Limited Liability Company; and to any correspondence by e-mail between Us and You. Please, read these terms carefully before using this Website. Using this Website indicates that You accept these terms. If You do not accept these terms, do not use this Website. These Terms of Use are legally enforceable and binding agreement between You and PIKK TRANSPORTATION LLC, and shall be referred to as “Agreement”’ or “Terms of Use.”

 

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed  a  part  of,  these  Terms  &  Conditions for  the  purposes  of  the  applicable  Service(s). Supplemental terms shall prevail over these Terms & Conditions in the event of a conflict with respect to the applicable Services.

 

We shall reserve the right to amend these Terms & Conditions related to the Services from time to time. Amendments will be effective upon Our posting of such updated Terms & Conditions or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.

 

  1. SERVICES. The  PIKK  TRANSPORTATION LLC,  platform  provides  a  marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the PIKK TRANSPORTATION LLC, platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

 

1.1      The PIKK TRANSPORTATION LLC, platform may only be used by individuals who can form legally binding contracts under applicable law. The PIKK TRANSPORTATION LLC, platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated.

1.2      By becoming a User, You represent and warrant that You are at least 18 years old and that You have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use Your User account, however you may schedule riders for other, and You agree that You are the sole authorized user of Your account.

 

1.3      By becoming a User, You agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from PIKK TRANSPORTATION LLC, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning Your User account or use of the PIKK TRANSPORTATION LLC, platform or Services, updates concerning new and existing features on the PIKK TRANSPORTATION LLC, platform, communications concerning promotions run by  us  or  our  third-  party  partners,  and  news  concerning  PIKK TRANSPORTATION LLC, and industry developments. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send.

 

  1. PARTIES TO THIS AGREEMENT AND CONSIDERATION.

 

The parties to this Agreement (the "Agreement") are You, (hereinafter “You” “Your” or the "User"), and PIKK TRANSPORTATION LLC, (hereinafter the "Company," “We,” “Our,” or “Us”).

2.1      By  accessing  the  Materials  at   Website  and   for  other  good  and   valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.

2.2      Subject to Your acceptance of the terms and conditions set forth in this Agreement, the Company agrees to grant You a limited, personal, non-transferable right to access the contents of the Website and affiliated sites operated by the Company.

2.3      This Agreement is subject to change by the Company at any time for any reason and changes shall become effective upon notice to USERS by posting at, or via hyperlink to the Website, or by sending an email from PIKK TRANSPORTATION LLC to the email address associated with the User account.

2.4      You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

2.5      Any action on Your part to Bookmark to a page on this Website whereby the Warning Page, and/or the Terms and Conditions Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.

 

  1. CHARGES. As a Rider, You agree to pay the amounts charged for Your use of the PIKK TRANSPORTATION LLC, platform and Services (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on Your market’s PIKK TRANSPORTATION LLC, plus any tips  to  the  Driver that  You elect  to  pay. PIKK TRANSPORTATION LLC, has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to Your market’s PIKK TRANSPORTATION LLC Pricing may vary based on the type of service You request.

3.1      Service Fee. PIKK TRANSPORTATION LLC, may assess a per-ride “Service Fee” to support the PIKK TRANSPORTATION LLC, platform and related services provided to You by PIKK TRANSPORTATION LLC The amount of the Service

 

Fee may vary but shall be retained by PIKK TRANSPORTATION LLC, in its entirety.

3.2      Cancellation Fee. After requesting a ride You may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center at www.GETPIKK.com    to  learn  more  about PIKK  TRANSPORTATION LLC’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Driver who had accepted Your ride request.

3.3      Damage Fee. If a Driver reports that You have materially damaged the Driver's vehicle, You agree to pay a “Damage Fee” of up to $300.00 depending on the extent of the damage (as determined by PIKK TRANSPORTATION LLC in its sole discretion), towards vehicle repair or cleaning. PIKK TRANSPORTATION LLC reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Driver whose car was damaged.

3.4      Tolls. In some instances tolls (or return tolls) may apply to Your ride. Please see our Help Center and Your market’s PIKK TRANSPORTATION LLC. We do not guarantee that the amount charged by PIKK TRANSPORTATION LLC, will match the toll charged by the driving authority or expressway tolling companies to the Driver, if any. The amount of collected tolls will be passed in their entirety to the Driver who provided Your ride.

3.5      Other Charges. Other fee and surcharges may apply to Your ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by PIKK TRANSPORTATION LLC, or its marketing partners, and processing fees for split payments. In addition, where required by law PIKK TRANSPORTATION LLC, will collect applicable taxes. These other charges are not shared with Your Driver unless expressly stated otherwise.

3.6      Tips. Following a ride, You may elect to tip Your Driver in cash or through the PIKK TRANSPORTATION LLC, application. Any tips will be provided entirely to the applicable Driver.

3.7      Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). PIKK TRANSPORTATION  LLC,  may  replace  its  third-party  payment  processing services without notice to You. Charges shall only be made through the PIKK TRANSPORTATION LLC, platform. With the exception of tips, cash payments are strictly prohibited.

3.8      No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the PIKK TRANSPORTATION LLC, platform, any disruption to the PIKK TRANSPORTATION LLC Platform or Services, or any other reason whatsoever.

3.9   Credits  and  Ride  Discounts.  You  may  receive  credits  ("PIKK TRANSPORTATION LLC, Credits") or Ride discounts ("Ride Discounts") that You can apply toward payment of certain Charges upon completion of a Ride. PIKK TRANSPORTATION LLC, Credits and Ride Discounts are only valid for use on the PIKK TRANSPORTATION LLC, platform, and are not transferable or redeemable for cash except as required by law. PIKK TRANSPORTATION LLC, Credits and Ride Discounts cannot be combined, and if the cost of Your ride exceeds  the  applicable  credit  or  discount value  we  will  charge  Your  payment

 

method on file for the outstanding cost of the Ride. Ride Discounts only apply to the Fare, not the Service Fee or other charges. If You split payment for a Ride with another User, your PIKK TRANSPORTATION LLC, Credits or Ride Discount will only apply to Your portion of the Charges. Additional restrictions on PIKK TRANSPORTATION LLC, Credits and Ride Discounts may apply.

3.10  Promotional Codes. PIKK TRANSPORTATION LLC, may, in PIKK TRANSPORTATION LLC's sole discretion, create promotional codes that may be redeemed for account, or other features or benefits related to the Services, subject to any additional terms that PIKK TRANSPORTATION LLC, establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by PIKK TRANSPORTATION LLC; (iii) may be disabled by PIKK TRANSPORTATION LLC, at any time for any reason without liability to PIKK TRANSPORTATION LLC; (iv) may only be used pursuant to the specific terms that PIKK TRANSPORTATION LLC establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to Your use. PIKK TRANSPORTATION LLC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other user in the event that PIKK TRANSPORTATION LLC determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Additional restrictions on PIKK TRANSPORTATION LLC, promo codes may apply.

 

  1. CREDIT CARD AUTHORIZATION. Upon addition of a new payment method or each ride request, PIKK TRANSPORTATION LLC, may seek authorization of Your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce Your available credit by the authorization amount until Your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, You may be subject to overdraft of NSF charges by the bank issuing Your debit or check card. We cannot be held responsible for these charges and are unable to assist You in recovering them from Your issuing bank.

 

  1. PAYMENTS. If  You  are  a  Driver,  You  will  receive  payment  for  Your  provision of Services.  All  Fare  payments  are   subject  to   a  PIKK  TRANSPORTATION  LLC, Commission and service fee. You will also receive any tips provided by Riders to You, and tips will not be subject to any PIKK TRANSPORTATION LLC, Commission. PIKK TRANSPORTATION LLC will process all payments due to You through its third party payments processor and the Driver will receive payment every week. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that We are required to withhold by law.

 

  1. DRIVER   REPRESENTATIONS,   WARRANTIES   AND    AGREEMENTS.   By providing Services as a Driver on the PIKK TRANSPORTATION LLC, platform, You represent, warrant, and agree that:

 

    You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which You provide Services.

    You own, or have the legal right to operate, the vehicle You use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards  and   all   applicable  statutory  and  state  department  of  motor  vehicle requirements for a vehicle of its kind.

    You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany You in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the PIKK TRANSPORTATION LLC, community or third parties.

    You  will  only provide  Services  using  the  vehicle  that  has  been  reported  to,  and approved by PIKK TRANSPORTATION LLC, and for which a photograph has been provided to PIKK TRANSPORTATION LLC, and You will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance unless limo services has been requested which seats up to 15 passengers).

    You will not make any misrepresentation regarding PIKK TRANSPORTATION LLC, the PIKK TRANSPORTATION LLC Platform, the Services or Your status as a Driver.

    You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with Your obligations under this Agreement.

    You will not attempt to defraud PIKK TRANSPORTATION LLC, or Riders on the PIKK TRANSPORTATION LLC Platform or in connection with Your provision of Services. If We suspect that You have engaged in fraudulent activity We may withhold applicable Fares or other payments for the ride(s) in question.

    You will make reasonable accommodation for Riders and/or for service animals, as required by law

    You agree that We may obtain information about You, including Your criminal and driving records, and You agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

    You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules You for the operation of the vehicle You use to provide Services.

    You will pay all applicable federal, state and local taxes based on Your provision of

Services and any payments received by You.

 

  1. OWNERSHIP. The Services and all rights therein are and shall remain PIKK TRANSPORTATION LLC's  property  or  the  property  of  PIKK  TRANSPORTATION LLC's licensors. Neither these Terms nor Your use of the Services convey or grant to You any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner PIKK TRANSPORTATION LLC's company names, logos, product and service names, trademarks or services marks or those of PIKK TRANSPORTATION LLC's licensors.

 

  1. USE OF WEBSITE. You agree to not do any of the following:

   violate any laws or Company policies;

   be false or misleading;

   infringe any third-party right;

   distribute or contain spam, chain letters, or pyramid schemes;

   distribute viruses or any other technologies that may harm the Company or the interests or property of the Company’s users;

   copy, modify, or distribute any of the Company’s content on this Site or any other person's content posted on the Site, unless expressly authorized to do so;

   use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without Our express written permission;

   harvest  or  otherwise  collect  information  about  others,  including  email  addresses, without their instruction;

   bypass measures used to prevent or restrict access to the Website.

 

  1. USER'S CODE OF CONDUCT. You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that in Our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website for violating these provisions:

    that  is  unlawful,  harmful,  threatening,  abusive,  harassing,  defamatory,  libelous, invasive of another's privacy, or is harmful to minors in any way;

    that is pornographic or depicts a human being engaged in actual sexual conduct in any way;

    that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    that impersonates any person or entity, including, but not limited to, a Company’s employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);

    that includes personal or identifying information about another person without that person's explicit instruction;

    that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

    that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;

    that constitutes or contains   "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

    that constitutes or contains any form of advertising or solicitation if: posted in areas of the  Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests;

    that includes links to commercial services or web sites, except as allowed in "services";

 

    that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state and local law;

    that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or

    that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website;

    contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

    "stalk" or otherwise harass anyone;

    collect personal data about other users for commercial or unlawful purposes;

    use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - unless expressly permitted by Us;

    post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Our infrastructure;

    post the same item or service in more than one classified category or forum;

    attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website;

    use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;

    directly or indirectly or through the use of any device or other means, copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, sell, transmit, or retransmit the online services or content that belongs to or is posted  by  Us  unless  expressly  permitted  by  PIKK  TRANSPORTATION LLC  in writing.

 

  1. INFORMATION COLLECTED. The information which PIKK TRANSPORTATION LLC collects through the Website may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of  the  Website (collectively,  "Users" and  each  a  "User" or  “You” and  shall  refer  to Subscriber or Registered User as defined in Website Terms and Conditions). The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website in the manner set forth below. PIKK TRANSPORTATION LLC may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website;

 

(iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other PIKK TRANSPORTATION LLC information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, PIKK TRANSPORTATION LLC may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by PIKK TRANSPORTATION LLC from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow PIKK TRANSPORTATION LLC to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity   of   any   linked-form   or   linked-to   website   and   other   similar   information. Furthermore, PIKK TRANSPORTATION LLC may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use PIKK TRANSPORTATION LLC may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and services.

 

  1. WEBSITE USE OF INFORMATION.  Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant PIKK TRANSPORTATION LLC , its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees the right to store, use, and distribute Your Personal Information. We gather and use information as follows: We will receive and store any information You enter on the website or give us in any other way that personally identifies You to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact You when needed. By submitting this personally identifiable information to Our Website You agree to receive email and postal mail from the Company and other third party marketers. You further understand and agree that by using these services, You are extending an express invitation for the Company, and other third marketers to contact You by telephone at the numbers You have provided and You hereby consent to any such calls even if Your phone numbers is on any federal state or other do not call lists. We believe in 100% permission based marketing members always have the option to unsubscribe link at the bottom of these emails by clicking on the sample unsubscribe link at the bottom of these emails. Users also have  the  options  of  completely  removing  their  information  from  Our  database  by submitting the request at www.GETPIKK.com Please, note that user information may be cached in search engine indexes after removal and that this Website and PIKK TRANSPORTATION LLC has no control over such caching.

 

  1. ACCOUNTS, PASSWORDS AND REGISTRATION TO THE WEBSITE. You agree that We are  not responsible or liable for the  personal protection and  security of any password or username that You may use to access this Website.  You are responsible for maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely responsible for any and all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to Your username or password.   If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.

 

  1. CONTENT FROM THE WEBSITE. As between You and PIKK TRANSPORTATION LLC, You own any and all content that You submit to the Website. You grant PIKK TRANSPORTATION LLC, and its affiliates a right to use, distribute, and send Your content to third-parties to perform the transaction(s) being requested.

 

  1. ABUSING THE WEBSITE.  Please send Us an email through the “Contact Us” section located on the www.GETPIKK.com site to tell Us about any problems or offensive content so that together We can keep the Website working properly. We may limit or terminate Our service, remove hosted content and/or take technical and legal steps to keep Users off the Website if We think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website or not, We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.

 

  1. LIMITATIONS ON WEBSITE SERVICES. You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which You may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

 

  1. POSTING AGENTS. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website's resources, You may not use a Posting Agent to post any content on the Website without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Company.

 

  1. NO  SPAM  POLICY.  You  understand  and  agree  that  sending  unsolicited  email advertisements to Our email addresses or through Our computer systems or Our Site, is expressly prohibited by this Agreement.  Any unauthorized use of Our computer systems is a  violation  of  this  Agreement  and  certain  federal  and  state  laws,  including  without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations

 

may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.

 

  1. INTELLECTUAL PROPERTY RIGHTS & WEBSITE CONTENT.    PIKK TRANSPORTATION LLC reserves all of its intellectual property rights. You agree not to copy, modify, or distribute any content whatsoever from the Website, including all Our copyrights or trademarks.   When You  give  Us  content, You are  granting Us  a  non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. By posting to the Site You are acknowledging that all content posted belongs to You or You have permission to post it and further You will not post anyone’s image or likeness without their express permission. If You believe that Your rights have been violated, please notify Us by sending an e-mail through the “Contact Us” section located on the www.GETPIKK.com  site and We will investigate the matter. We reserve the right to remove content where We have grounds for suspecting the violation of these Terms of Use or of any party's rights. Any content posted by a user other than by Us and/or PIKK TRANSPORTATION LLC  shall not be deemed and does not reflect the thoughts, comments, ideas, opinions, or otherwise of PIKK TRANSPORTATION LLC and/or Us.

 

  1. LICENSE. Subject to your compliance with these Terms, We grants You a limited, non- exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on Your personal device solely in connection with Your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by Us and Our licensors.

 

19.1    You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PIKK TRANSPORTATION LLC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

  1. REPORTING  INTELLECTUAL  PROPERTY  INFRINGEMENTS.  Do  not  post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark such as offering counterfeit items for sale. We reserve the right to remove content where We have grounds for suspecting the violation of these Terms of Use, Our policies or of any party's rights.  If  You  have  a  good  faith  belief  that  a  listing  on  the  Website infringes Your copyright, trademark, or other intellectual property rights, then You must immediately Contact Us through the “Contact Us” section located on the www.GETPIKK.com site and in writing with all supporting documents and details regarding such infringement. No

 

request or complaint regarding any infringement of intellectual property shall be considered unless proper documentation evidencing ownership of intellectual property are provided. You must a) clearly identify the material on the Website that You claim is infringing so that We may locate it on the Website; b) provide a statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury that (1) the above information in Your notice is accurate, and (2) that You are the owner of the intellectual property interest involved or that You are authorized to act on behalf of that owner;  d)  provide  Your  address,  telephone  number,  and  email  address;  and  e)  Your physical or electronic signature. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. This section shall survive the termination of this Agreement.

 

  1. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE  POSSIBILITY OF  SUCH  DAMAGES), ARISING OUT  OF,  OR  RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT  LIMITED TO,  NEGLIGENCE), OR  OTHERWISE) EXCEED  THE  AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH  ANY  PORTION  OF  OUR  WEBSITE,  OR  WITH  ANY  OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS  LIMITATION OF  LIABILITY IS  FOUND TO  BE  INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THIS WEBSITE AND ITS GUIDELINES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS"  AND  WITHOUT  WARRANTIES  OF  ANY  KIND,  EITHER  EXPRESS  OR IMPLIED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE  EXPRESSLY  DISCLAIMED  TO  THE  FULLEST  EXTENT  PERMITTED  BY LAW. NEITHER PIKK TRANSPORTATION LLC’S, OR ANY OF OUR AFFILIATES,

 

NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION, CONTENT, GUIDELINES, AND SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING,  CONTENT  OR  MATERIAL.  NEITHER  PIKK  TRANSPORTATION LLC’S,   OR   ANY   OF   OUR   AFFILIATES,   NOR   ANY   OF   OUR   OR   THEIR RESPECTIVE LICENSORS,  LICENSEES, SERVICE  PROVIDERS  OR  SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

 

  1. ENDORSEMENT WAIVER. Reference to any specific third party platform, products or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, or  recommendation by  PIKK  TRANSPORTATION LLC  or  its  owners. PIKK TRANSPORTATION LLC encourages You to exercise discretion when browsing the internet. Any link on the PIKK TRANSPORTATION LLC Website is provided solely for Your information and as a convenience to You and PIKK TRANSPORTATION LLC and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent  from  PIKK  TRANSPORTATION LLC,  and  PIKK  TRANSPORTATION LLC has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between the PIKK TRANSPORTATION LLC Website and another Website further does not mean that PIKK TRANSPORTATION LLC endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at Your own risk, requiring You to make Your own independent decisions regarding Your interactions or communications with any other Website. PIKK TRANSPORTATION LLC expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the PIKK TRANSPORTATION LLC domain.

 

  1. INDEMNITY. You agree to indemnify and hold PIKK TRANSPORTATION LLC, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party claims due to or arising out of Our, guidelines, services, or offerings, Your violation of these Terms & Conditions, or Your infringement, or the infringement or use by any other user of Your account, of any

 

intellectual property or other right of any person or entity. This section shall survive the termination of this Agreement.

 

  1. TERMINATING OUR SERVICES.  You may terminate or stop using Our services at any time. PIKK TRANSPORTATION LLC may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at Our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website. Further, You agree not to attempt to use the Website after said termination.

 

  1. DISPUTE RESOLUTION.   This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of Florida. Any disputes relating in any way to Your use of the PIKK TRANSPORTATION LLC Site and its content, guidelines, and services shall be submitted to confidential & binding arbitration in,  except to the  extent that  You have in  any manner violated or threatened to violate PIKK TRANSPORTATION LLC intellectual property rights. PIKK TRANSPORTATION LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Florida and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If We don't enforce any particular provision, We are not waiving Our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

 

  1. FORCE MAJEURE. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part the obligations as set forth in this Agreement, then the Company and the Site shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Site liable to You.

 

  1. RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint

 

enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

 

  1. MESSAGES TRANSMITTED THROUGH ELECTRONIC MAIL. Notwithstanding any of the foregoing, if You voluntarily provide Your E-mail address for public distribution or for any other purpose to Us then You agree to receive unsolicited advertisement or promotional message from Us, Our its agents, or affiliates, or associated third parties. If You want to opt out then You must contact Us by submitting an e-mail through the “Contact Us” section located on the www.GETPIKK.com site.

 

  1. SECURITY PROCEDURES. PIKK TRANSPORTATION LLC undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. PIKK TRANSPORTATION LLC undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although PIKK TRANSPORTATION LLC is ever diligent in its security pursuits, it cannot guarantee the success of its efforts.

 

  1. WEBSITE TERMS AND CONDITIONS. The Terms and Conditions set forth on the Website shall govern any claim relating to the Privacy Policy and will otherwise be deemed applicable to it.

 

  1. CONTRIBUTIONS. Please send questions, comments or complaints (“Contributions”) to www.GETPIKK.com by  submitting  an  e-mail  through  the  “Contact  Us”  section.  By submitting ideas, suggestions, documents or proposals to PIKK TRANSPORTATION LLC through its suggestions or feedback WebPages, You acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) PIKK TRANSPORTATION LLC   is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) PIKK TRANSPORTATION LLC, shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) PIKK TRANSPORTATION LLC, may have something similar to the Contributions already under consideration or in development; (v) You irrevocably non-exclusively license to PIKK TRANSPORTATION LLC rights to exploit Your Contributions; and (vi) You are not entitled to any compensation or reimbursement of any kind from PIKK TRANSPORTATION LLC, under any circumstances.

 

  1. ENTIRE AGREEMENT. You agree that These Terms of Use and the other policies posted on the Website constitute the entire, complete and exclusive agreement between The Company,  the  Site,  and  You,  superseding  any  prior  agreements  and  understandings, whether written or oral, or whether established by custom, practice, policy or precedent with respect to the subject matter of this Agreement.