EULA

Point Pick-Up Technologies, Inc.
End User License Agreement & Terms of Service

Last Revised: May 27, 2015

This End User License Agreement & Terms of Service (this “EULA”) is a binding contract between you (“you”) and Point Pick-Up Technologies, Inc. (“Point Pick-Up”, “us”, or “we”) governing your use of the Point Pick-Up mobile application (the “App”) and any website or online property under Point Pick-Up’s control that references this EULA (the “Website” and collectively with the App, the “Service”). BY INSTALLING, ACCESSING, OR OTHERWISE USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.

You and Point Pick-Up agree as follows:

  1. General
    1. Scope of Service. The App facilitates the provision or receipt of delivery services for physical goods (“Items”). If you use the Service to connect with third parties interested in having Items picked up and delivered, you are a “Delivery Provider.” From time to time, Delivery Providers may also be referred to or known as “Drivers” or “PUP.” If you use it to connect with third parties interested in picking up and delivering Items for you (whether as a Merchant or as a Consumer), you are a “Customer.” Customers and Delivery Providers are collectively “Users.” The Service matches Delivery Providers with Customers wishing to contract with a Delivery Provider to relocate physical items (“Items”) from a specified pickup point (the “Origin”) to a specified delivery point (the “Destination”). Each move or relocation is a “Job.” A “Merchant” is a retailer or other business that has submitted a Job request via the Service to hire a Delivery Provider, at its expense, to deliver one or more Items that the Merchant has sold or otherwise made available to one of its customers to a Destination specified by the applicable customer. A “Consumer” is an individual that has submitted a Job request via the Service to hire a Delivery Provider, at the individual’s expense, to deliver one or more Items from a specified Origin to a specified Destination. The features of the Service that are made available to you via the App or Website may vary depending on if you are registered as a Delivery Provider, a Merchant, or a Consumer.

    2. Limitations. POINT PICK-UP DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. IT IS UP TO CUSTOMERS AND DELIVERY PROVIDERS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. POINT PICK-UP OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.

    3. Acceptance of Privacy Policy. Your use of the Service is subject to you having read, understood and agreed to our Privacy Policy, which is available at www.pointpickup.com/privacy-policy (the “Privacy Policy”) and is hereby incorporated by reference into this EULA.

    4. Third Party Fees. All third party fees (such as data usage fees charged by your wireless carrier (your “Carrier”)) and compliance with any applicable third party terms (such as your Carrier’s terms of service) are your responsibility.

    5. Service Security. You must not violate, or attempt to violate, the Service’s security. Any violations may result in criminal or civil penalties against you, as well as the termination of your right to use the Service, at Point Pick-Up’s sole discretion. Point Pick-Up reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer the suspected violation to the appropriate law enforcement agencies and cooperate fully with the investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.

    6. Changes to this EULA. Point Pick-Up may revise this EULA in its sole discretion at any time and without prior notice to you other than by posting the revised EULA in the Service. Revisions to this EULA are effective upon posting. This EULA will be identified as of the most recent date of revision. Your use of the Service after a revised EULA has been posted constitutes your binding acceptance of the revised EULA. Notwithstanding the preceding sentences of this Section 1.f, no revisions to this EULA will apply to disputes between you and Point Pick-Up arising prior to the effective date of the revision.

    7. Eligibility. If you use or open an Account (as defined below) on the Service on behalf of a company, entity, or organization (each an “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to the Organization to this EULA and (ii) are bound by this EULA on behalf of the Organization.

    8. Children. No part of the Service is directed to persons under the age of 13, Point Pick-Up does not knowingly collect, maintain, or use personal information from children under 13 years of age. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Service.
  1. Scope of License to Users
    1. License. The Service is licensed, not sold, to you. Subject to your complete and ongoing compliance with this EULA’s terms and conditions, Point Pick-Up hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service on compatible, authorized devices that you own or control, solely for your own use or for the Organization on whose behalf you are authorized to act.

    2. Limitations. You may not modify, alter, reproduce, or distribute the Service. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decompile, attempt to derive the source code of, reverse engineer, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.

    3. App Updates. This EULA governs any updates Point Pick-Up provides to you that replace or supplement the App, unless a separate license or revised EULA accompanies the upgrade, in which case the terms of that license or revised EULA will govern.

    4. Conduct. You will comply with all applicable laws when using the Service and you may only use the Service for lawful purposes (e.g., no transport of unlawful or hazardous materials). When using the Service, you will not cause nuisance, annoyance, inconvenience, or property damage to any User or any other party. In certain instances, we may require you to provide proof of identity to access or use the Service, and you may be denied access or use of the Service if you refuse to provide proof of identity.
  1. Registration and Eligibility
    1. Accounts. To use the Service, you must create an account (an “Account”). The information required to create an Account may vary depending on if you create an Account as a Delivery Provider, a Merchant, or a Consumer. If you create an Account as a Delivery Provider, you will also be required to agree to the Delivery Provider Agreement and other terms that will be made available to you during the Account creation process (the “Delivery Provider Agreement”).You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorized the activity.

    2. Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify Point Pick-Up immediately at help@pointpickup.com, and change your password at the earliest opportunity. Point Pick-Up will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Point Pick-Up of the unauthorized use or loss of your credentials.

  1. Rules for Customers. The terms in this Section 4 apply to Customers and not to Delivery Providers.
    1. Requesting Jobs. In order to request a Job, you will have to specify certain information about the Job, which may include: the Origin, the Destination, contact information for a designated individual at the Origin and the Destination, the requested date and time of pick-up and delivery, the Item type, size, and weight. Using your mobile device’s location or the address you provide, Point Pick-Up will make commercially reasonable efforts to connect you with a Delivery Provider to perform the Job for you and will provide them applicable details regarding the Job. If no Delivery Providers are available, Point Pick-Up will notify you that there are no Delivery Providers available to perform the Job, at which point we will have no further obligation to attempt to connect you to a Delivery Provider for the applicable Job.

    2. people or animals of any size;
      1. people or animals of any size;
      2. illegal items;
      3. to the extent prohibited by law, cigarettes or any tobacco product, wine, beer, or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau;
      4. to the extent prohibited by law, any prescription or over the counter medicine that has not been paid for and is being delivered to a person other than the purchaser or the prescription holder;
      5. Items that exceed 300 lbs.;
      6. any “Hazardous Material” as defined by the U.S. Department of Transportation (DOT) and codified in Title 49 Code of Federal Regulations (49 CFR), not including those Hazardous Materials in small or excepted quantities as defined in 49 CFR
      7. weapons, firearms, ammunition, hazardous waste, human remains, explosives, or flammable items;
      8. stolen goods; or
      9. any other good for which transportation is prohibited by applicable law or regulation of any federal, state, provincial, or local government in the origin or destination country (collectively, with all other illegal goods or contraband, “Prohibited Goods”).

A DELIVERY PROVIDER HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO PERFORM THE JOB FOR ANY JOB TO OR FROM ANY LOCATION, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE DELIVERY PROVIDER, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE JOB, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND POINT PICK-UP WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICE.

    1. Fees. The base fee for each Job will be displayed to you on the Service, and include expenses that may be incurred by the Delivery Provider in the normal course of completing your Job, including, without limitation, any tolls (collectively, “Base Fees”). You may be given the option to select additional services or service levels, such as supplemental insurance, earlier delivery windows, or oversized or overweight items which may be subject to additional specified fees (together with the Base Fees, the “Fees”). If you are a Merchant, you may be subject to different or additional fees based on a separate agreement between you and Point Pick-Up (a “Merchant Agreement”). The Base Fees do not include any tip for the Delivery Provider. Any tip you provide to the Delivery Provider is at your sole discretion.

    2. Additional Fees. Point Pick-Up reserves the right to charge you additional fees, if you are a Merchant and your frequency of use of the Service rises above ordinary and reasonable incidental use of the Service in accordance with Point Pick-Up’s then-current fee policies.

    3. Payment. Unless otherwise agreed, Point Pick-Up accepts credit cards through our third party payment processor. Fees are due immediately following the applicable Delivery Provider’s confirmation of completion of your Job. Cancellations of a Job made less than 30 minutes before the time your Job is scheduled to commence will be subject to a $10 cancellation charge. After you receive confirmation through the Service that your Delivery Provider has completed a Job, or upon cancellation of a Job when there is less than 30 minutes before the time your Job is scheduled to commence, you authorize Point Pick-Up to provide your payment details to Braintree for processing.ALL FEES FOR COMPLETED JOBS OR JOBS NOT CANCELLED PRIOR TO 30 MINUTES BEFORE THE TIME THE JOB IS SCHEDULED TO COMMENCE ARE NON-REFUNDABLE.

    4. Insurance and Liability. Your maximum claim for damages of any or all Items to be delivered for a particular Job will be the lower of the declared value of the Items that you specified when requesting the Job or $500 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable Job. You may be provided with the option to purchase additional protection for Items, if desired. To qualify, you must declare the value of the applicable Item, provide proof of value for the Item, and pay all applicable fees prior to delivery.

  1. Payment Processor
    1. Users make their contracts directly with other Users, not with Point Pick-Up. Fees for using the Service will be processed via Point Pick-Up’s third party payment processor. Point Pick-Up uses Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing. In order for you to use Braintree’s payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this EULA, you represent and warrant: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agreed to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877-434-2894.

    2. Point Pick-Up reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment, or (ii) refund, provide credits or arrange for Braintree to do so. Users are liable for any taxes (including VAT, if applicable) required to be paid on the User’s use of the Service or on any related payment received (other than taxes on Point Pick-Up’s income).

  1. Communications
    1. Messages from Point Pick-Up. We may send you email at the email address you provided to us for customer service-related purposes and in connection with providing communications that are features of the Service (e.g., digests of recommendations made to you and from other users you are connected to on the Service and information on new products or features). We may also send you push notifications for those same purposes through the App itself.

    2. Text Messages from the Service. By providing us with your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive text messages at that number as requested for Account verification and other administrative purposes. While we do not charge a fee for text messages, your Carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.

    3. Consent to Electronic Communications. We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at info@pointpickup.com.

  1. Content You Submit; License Grants From You. The Service may allow you to upload content, such as reviews, ratings, messages, photographs, and comments (“User Content”) to the Service.
    1. User Content. By posting, submitting, or transmitting (collectively, “Post”) User Content to or through the Service, you hereby grant to Point Pick-Up a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your User Content, in any form, format, media, or media channels now know or later developed or discovered for the sole purpose of providing the Service.

    2. Name, Image, Voice, and Likeness. You further grant Point Pick-Up a royalty-free and perpetual license to Post your name, image, voice, and likeness (and that of any person identifiable in any User Content Posted by you to or through the Service) made available by or on your behalf through the Service in conjunction with the rights you grant in Section 7.a above.

    3. Waiver. By Posting User Content to or through the Service you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service, during the term of this EULA. You expressly release Point Pick-Up and Point Pick-Up’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Posting of your User Content as authorized in this EULA.

    4. No Objectionable Content. You will not Post User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Point Pick-Up in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses, or other harmful or malicious code.

    5. Representations and Warranties. You are solely responsible for your User Content and the consequences of Posting it. By Posting User Content, you represent, warrant, and covenant that: (i) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your User Content does not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; or (iv) unless you have received prior written authorization, your User Content specifically does not contain any confidential information of any third party. We reserve all rights and remedies against any Users who breach these representations and warranties.

  1. Third Party Materials; Point Pick-Up Content. By using the Service, you may encounter data, information, applications, materials, and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials, and other content from Point Pick-Up (collectively, “Point Pick-Up Content” and, together with Third Party Materials, “Service Content”), that may be offensive, indecent, or objectionable, and which may or may not be identified as having explicit language or other material. Point Pick-Up will not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
  2. Third Party Software. The software you download consists of a package of components which may include certain third party software (“Third Party Software” and together with the App, the “Package”). The Third Party Software, if any, may be provided under separate license terms (the “Third Party Terms”) which can be found in the documentation for the Service or the applicable help, notices, about, or source files. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms, and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
  3. Ownership. The Service, the domain name, any graphics, button icons, page headers, and the media and materials contained therein, including all intellectual property rights therein, is Point Pick-Up and its licensor’s sole and exclusive property. Except for the limited licenses expressly granted to you under this EULA, no other rights, licenses, or immunities are granted. There are no implied licenses under this EULA.
  4. Intellectual Property Policy
    1. Point Pick-Up respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.

    2. Point Pick-Up’s intellectual property policy is to (a) remove material that Point Pick-Up believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any User Content posted to the Service by “repeat infringers.” Point Pick-Up considers a “repeat infringer” to be any User that has uploaded User Content to the Service and for whom Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to their User Content. Point Pick-Up has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon Point Pick-Up’s own determination.

    3. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for intellectual property owners who believe that material appearing on the Internet infringes their rights under U.S. law. If you believe in good faith that materials posted on the Service infringe your intellectual property rights, you (or your agent) may send Point Pick-Up a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

      2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of the works);

      3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Point Pick-Up to locate the material on the Service;

      4. Your name, address, telephone number, and email address (if available);

      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    1. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Point Pick-Up a counter-notice.

    2. Notices and counter-notices must meet then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to copyright@pointpickup.com.
  1. Feedback. While our staff continually works 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 our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively “Feedback”), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings:
    1. Point Pick-Up will own, exclusively, all known or later discovered rights to the Feedback;

    2. Point Pick-Up will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and

    3. Point Pick-Up will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

  1. Termination
    1. You may terminate this EULA immediately by un-installing the App and discontinuing use of the Website.

    2. Point Pick-Up may suspend your access to the Service or terminate this EULA at any time if: (i) you breach any material provision of this EULA; (ii) Point Pick-Up elects at its discretion to cease providing access to the Service in the jurisdiction where you reside or from where you are attempting to access the Service; or (iii) in other circumstances determined by Point Pick-Up in its discretion.

    3. Upon termination, any and all data relating to your Account may be irretrievably deleted by Point Pick-Up, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests.

  1. Indemnity. You will indemnify and hold Point Pick-Up, and its officers, directors, employees, agents, successors, and assigns (the “Point Pick-Up Parties”) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Service Content, (b) your violation of this EULA, or (c) if you are a Delivery Provider, any damages arising from your Jobs, including any personal injury, property damage, or death. Point Pick-Up will use reasonable efforts to notify you of any claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Point Pick-Up is unable to communicate with you in a timely manner because of an inactive email address for you, then your indemnification obligation will continue notwithstanding Point Pick-Up’s inability to contact you in a timely manner. Point Pick-Up will, at your expense, have sole control over any defense against any claim for which you are obligated to indemnify Point Pick-Up pursuant to this Section 14; provided, however, that you will at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.

  2. No Warranty. USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PACKAGE, AND ALL SERVICE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND POINT PICK-UP HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, THE PACKAGE, AND ANY SERVICE CONTENT OFFERED BY POINT PICK-UP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. POINT PICK-UP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER PRODUCTS, GOODS, OR SERVICES, INCLUDING APPLICATIONS ON ANY MOBILE DEVICE ON WHICH YOU HAVE INSTALLED THE APP, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POINT PICK-UP OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS EULA. SHOULD ALL OR ANY PORTION OF THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IF IT DOES, THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

  3. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL POINT PICK-UP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF POINT PICK-UP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL POINT PICK-UP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IF IT DOES, THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. Point Pick-Up is not responsible for the performance, actions, or inactions of any user, whether identified through the Service, in public, private, or offline interactions, or otherwise. Point Pick-Up does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any user, or the failure of any user to provide the services requested or payment required therefor, or for any other aspect whatsoever of a Package nor for the integrity, responsibility or any of the actions or omissions whatsoever of any users. Point Pick-Up does not have control over, and has no responsibility for, any damage to the content(s) of a Package. NEITHER POINT PICK-UP NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICE AND POINT PICK-UP AND ITS AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING THE SERVICE YOU THEREBY RELEASE POINT PICK-UP AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A USER.

  4. Third Party Disputes. POINT PICK-UP IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THE APPLICABLE THIRD PARTY, AND YOU IRREVOCABLY RELEASE POINT PICK-UP (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) 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.

  5. Background Checks; Interactions Between Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE MAY, BUT ARE NOT REQUIRED TO, CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. POINT PICK-UP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME.

IN NO EVENT WILL THE POINT PICK-UP PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH A JOB. YOU WILL NOT HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. POINT PICK-UP DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY DELIVERY PROVIDERS.

  1. Dispute Resolution
    1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND POINT PICK-UP AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration.

    2. Commencing Arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Point Pick-Up, to you via any other method available to Point Pick-Up, including via email. The Notice to Point Pick-Up should be addressed to info@pointpickup.com,Attn: Chief Executive Officer (the “Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If the claim is not resolved within 30 days after the Notice is received, then you or Point Pick-Up may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available at www.adr.org. If you are required to pay a filing fee to commence arbitration against Point Pick-Up, then Point Pick-Up will promptly reimburse you for your confirmed payment of the filing fee upon Point Pick-Up’s receipt of Notice at the Address that you have commenced arbitration along with a receipt for the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith.

    3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Fairfield County, Connecticut will be appointed pursuant to the Rules, as modified herein. The following rules will apply: (A) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    4. No Class Actions. YOU AND POINT PICK-UP MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ENTIRE MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

    5. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply Connecticut state law during the arbitration. These terms and your use of the App evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this EULA.

    6. Equitable Relief. The foregoing provisions of this Section 19 do not apply to any claim in which Point Pick-Up seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this EULA by Point Pick-Up or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Point Pick-Up, and your only remedy will be for monetary damages, subject to the limitations of liability set forth above.

    7. Claims. Notwithstanding any other rights you or Point Pick-Up may have under law or equity, any cause of action arising out of or related to this EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.

    8. Improperly Filed Claims. All claims you bring against Point Pick-Up must be resolved in accordance with this Section 19. All claims filed or brought contrary to this Section 19 will be considered improperly filed. Should you file a claim contrary to this Section 19, Point Pick-Up may recover attorneys’ fees and costs up to $5,000, provided that Point Pick-Up has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

    9. Modifications. If Point Pick-Up changes the Mandatory Arbitration provision (other than a change to Point Pick-Up’s Address), then you may reject any the change by sending us written notice to Point Pick-Up’s Address within 30 days of the change, in which case your Account and your right to use the Service will terminate immediately, and this Section 19, as in effect immediately prior to the amendments you reject, will survive termination of this EULA.

    10. Enforceability. If only Section 19.d or the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in which case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to this EULA.

  1. Governing Law; Choice of Forum. The laws of the State of Connecticut, excluding its conflicts of law rules, govern this EULA and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of this EULA. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, it will be subject to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut and you hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.

  2. Miscellaneous

    1. Entire Agreement. This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, and, if applicable, the Delivery Provider Agreement, are the entire and exclusive understanding and agreement between you and Point Pick-Up regarding your use of and access to the Service, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Point Pick-Up with respect to your use of the Service. You acknowledge that no statements, representations, warranties, or covenants have been made to you or upon which you have relied that are not set forth in this EULA.

    2. Amendment; Waiver. Except as expressly provided in this EULA, this EULA may be amended only by a written agreement signed by both parties. A provision of this EULA may be waived only by a written instrument executed by the party entitled to the provision’s benefit. Point Pick-Up’s failure or delay in the exercise of any power or right under this EULA will operate as a waiver thereof. No single or partial exercise of any right or power under this EULA will operate as a waiver of any right or power. Point Pick-Up’s waiver of a breach of any provision of this EULA will not operate or be construed as a waiver of any other or subsequent breach of this EULA.

    3. Severability. Except as expressly provided for in Section 19.j, if any provision of this EULA is deemed unlawful, void, or for any reason unenforceable, then that provision will be severable from the remainder of this EULA and will not affect the validity and enforceability of any remaining provisions.

    4. Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without Point Pick-Up’s prior written consent. This means that if you dispose of any device on which you have installed the App, then you are responsible for deleting the App from your mobile device prior to disposition of the device. Point Pick-Up may assign this EULA, including all its rights hereunder, without restriction.

    5. No Agency. No joint venture, partnership, employment, or agency relationship exists between you and Point Pick-Up as a result of this EULA or use of the Service.

    6. Survival. The following provisions of this EULA will survive termination of this EULA: 1, 6 - 22, as well as any liabilities or payment obligations that have accrued prior to termination.

    7. Headings. This EULA headings are for convenience only, do not constitute a part of this EULA, and will not be deemed to limit or affect any provision of this EULA.

    8. Third Party Beneficiaries. There are no third party beneficiaries to this EULA, except as set forth in Sections 14 and 22.

    9. Contacting Point Pick-Up. You can contact Point Pick-Up by email at help@pointpickup.com.

  1. NOTICE REGARDING APPLE. This EULA is between you and Point Pick-Up only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You will comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Point Pick-Up provides a translation of the English language version of this EULA, then the translation is provided solely for convenience, and the English version will prevail.