Terms of Service
Thank you for your interest in Pinnico! These Terms of Service (this “Agreement”), and all of the policies included on our sites (both mobile and web), plus those designed to authorize certain relationships (such as the Vehicle Rental Agreement), collectively create the terms and conditions on which Pinnico offers you access to and use of its services, which include the use of the Pinnico site (both mobile and web), products and marketplace (collectively, the “Services”). If you decide to access and use the Services, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not access or use the Services.
Both you and Pinnico agree, with the limited exceptions noted below, to resolve all disputes between you and us through BINDING INDIVIDUAL ARBITRATION as further provided below. BINDING INDIVIDUAL ARBITRATION MEANS THAT YOU AND PINNICO ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
We do not represent our Services are governed by or operated in accordance with the laws of other nations, or that the Services or any portion of them are appropriate or available for use in any particular location. If you choose to access the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations.
You consent to entering these terms electronically, and to the storage of records related to these terms in electronic form.
This Agreement is also for the express benefit of Pinnico’s representatives, trustees, directors, officers, shareholders, subsidiaries, employees, attorneys, and agents. If, and to the extent, an action of any kind is brought against any such person or entity on account of our Services or any communications and interactions with Pinnico through our Services, such persons or entities shall have all of the protections afforded by this Agreement, including any dispute resolution procedure.
You represent that: (1) you are at least 21 years of age; (2) you are of legal capacity to form a binding contract; and (3) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.
- Your Use of Our Services.
You may access portions of our website and mobile application (“our Portals”) without registering. However, you will be required to register with and sign into the Services to access all of our features. You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign into our Portals, and you are fully responsible for all activities that occur under this username and password. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at support@Pinnico.com. If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current.
Our Portals may link to other websites. You acknowledge and agree that Pinnico is not responsible for the availability of such other websites/applications and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such websites/applications. Pinnico makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites/applications and shall have no liability for any damages or injuries of any kind arising from such content or information. You further acknowledge and agree that Pinnico shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such other website(s)/application(s). Inclusion of any third-party link does not imply an endorsement or recommendation by Pinnico.
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services or any part thereof.
We think it is important to talk about our arrangement/Services. Pinnico is a marketplace, which means we are a technology platform that helps owners of vehicles (“Owners”) find drivers who temporarily need a vehicle (“Drivers”) for use with transportation network companies, or transportation companies that help connect drivers and passengers (“TNC”). Pinnico does not itself rent vehicles. Accordingly, any and all Vehicle Rental Agreements entered into are directly between an Owner and a Driver.
Pinnico’s goal is to create and maintain a marketplace of trustworthy Owners and Drivers. Although Pinnico can help to facilitate the transaction between Owners and Drivers, we do not guarantee the quality or safety of the vehicles listed on our site, nor can we guarantee the truth or accuracy of any listings, or whether Owners and Drivers will actually consummate a transaction, including the completion of any payment obligations.
- Using Pinnico.
To use the Services, you must create an account with Pinnico by providing certain complete and accurate information and documentation, including (but not limited to) your name, date of birth, other identifying information, a certification that you have passed a background check with a transportation network company and a valid email address and password (collectively, a “User Account”). You must be at least 21 years of age and hold a valid drivers’ license to create a User Account with us. Each Driver and Owner may open and maintain only one User Account with Pinnico.
When you set up a User Account, you agree to allow Pinnico to obtain and review your personal credit reports and to conduct a background check, which may include a criminal background check. This Agreement is consistent with the Fair Credit Reporting Act, and any other consumer protection or other laws that may apply. You also give your permission for Pinnico to re-pull, refresh or otherwise conduct a subsequent background check at any time during which your User Account is active, although Pinnico will have no obligation to do so and when it does so, it does so at its own and sole discretion.
Pinnico reserves the right to decline, restrict or otherwise take action against you and your User Account based on any information included in any such background or credit check, including for any breach of this Agreement and/or our Services. Pinnico may terminate or restrict your User Account for any or no reason at any time.
- Owners and Drivers.
In connection with using and accessing the Services, you agree that you:
- Will abide by Pinnico’s rules and policies;
- Will abide by all local, state and federal laws and regulations;
- Will honor the agreements you make with other users, including timely payment for the Services and delivering and returning Owners’ vehicles as promised;
- Will honestly represent yourself and your vehicle in your listing(s) and communications with Pinnico and other users;
- Will honestly represent any claims or allegations of damage;
- Have the full right, capacity and authority to enter into a legally binding agreement regarding the Services;
- Will be responsible for your User Account with Pinnico;
- Will work in good faith to resolve any disagreement with Pinnico and other Pinnico users; and
- Consent to the use of an electronic tracking device in the rented Owner vehicle. Specifically, Owner agrees to install a GPS tracking device in all Owner’s vehicles listed on Pinnico’s sites and Driver agrees not to tamper with, disable or remove such GPS tracking device for any reason. Any failure to install, activate or actively maintain such GPS tracking device in good working order is a violation of this Agreement and a basis for denying any claims against Pinnico or its insurer; such action is also a basis for immediate termination of your User Account.
In connection with using and accessing the Services, you agree that you will not:
- List, publish or communicate inappropriate or false content, including content that is inaccurate, offensive, defamatory, or otherwise inappropriate;
- Assign or transfer your User Account to any other entity or person;
- Continue to use the Services if your User Account has been suspended or otherwise restricted by Pinnico;
- Interfere with the listings of any other Owner or the Services provided by Pinnico.
- Take any action to circumvent the Services, including completing, initiating, arranging or executing any transactions between an Owner and a Driver outside the Pinnico platform;
- Harvest or use the information you receive from other Pinnico users or otherwise use any robots, spiders or other data collection or scraping tools to collect information about Pinnico or its users;
- Distribute spam or other unsolicited marketing communications to users of Pinnico or anyone else using the technology or Services of Pinnico;
- Distribute any viruses or similar code that may harm Pinnico or the users of Pinnico or otherwise interfere with the Services of Pinnico;
- Infringe any intellectual property rights including trademark, copyright, patent, publicity and moral that belong to or are licensed by Pinnico. This includes reproducing, copying, reverse engineering or otherwise preparing derivative works from content belonging to, or licensed by Pinnico;
- Harass, threaten or harm or aid or encourage others seeking to harass, threaten or harm Pinnico or any user or Pinnico business partner;
- Contact any other user through the Pinnico platform for any purpose other than those related to the Pinnico Services; and/or
- Avoid or otherwise circumvent measures created or used by Pinnico to provide its Services.
Owners and Drivers must adhere to these commitments. Failure to meet these commitments may result in User Account suspension or termination, additional fees, content removal or demotion in search, or other actions, including legal action, against you. Pinnico may, in its sole discretion and without limitation, limit your access to its Services (through account suspension, closure or other methods). Pinnico may further terminate or refuse to offer all or part of its Services to anyone for any reason, in its sole discretion.
There is no fee for Owners to list their vehicle(s) or for Drivers to search for vehicles on the Pinnico platform.
Drivers and Owners will enter into a Vehicle Rental Agreement that will specify the terms of the rental including the duration, costs, fees and other relevant information. Pinnico will charge a fee, payable by the Driver and Owner, equal to a specified percentage of the aggregate Vehicle Rental Agreement price. Drivers and Owners will be notified of the amount owed to Pinnico before completing the booking and Vehicle Rental Agreement process. After Driver and Owner agree between them to a price for Driver’s rental of Owner’s vehicle, and sign the Vehicle Rental Agreement, the Driver will make a payment to the Owner using the Pinnico platform payment portal.
You agree that you will have a valid payment method on file in your User Account at all times, and you agree to pay all fees and applicable taxes associated with the Services by the payment due date.
In addition to any amount due, delinquent accounts and/or chargebacks will be assessed additional fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. Further, if your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retain collection agencies and legal counsel. You are responsible to reimburse us for all costs of collection, including actual attorneys’ fees and costs. You may also be subject to late fees and collection agencies may report information about your account to credit bureaus. As a result, late payments, missed payments, and other defaults on your account may be reflected in your credit report.
- Listing Requirements/Platform Standards.
Owners, when you list a vehicle that you own on the Pinnico platform, you hereby agree to comply with all of the following:
- To be accurate and truthful in all descriptions of your vehicle;
- To use current photographs of the actual vehicle that will be listed in each and every image;
- To adhere to Pinnico’s policies, including policies related to offensive or defamatory language;
- To maintain only one active listing, per vehicle, at a time.
Owners and Drivers are not permitted to use Pinnico to contact each other to make offers to rent vehicles outside of Pinnico. You cannot use information obtained from Pinnico or any Pinnico system to contact each other about renting outside of Pinnico.
Owners are liable for fees arising out of all sales made using some or all Pinnico’s Services, even if sales terms are finalized or payment is made outside of Pinnico.
Owners are also liable for final value fees if they offer or reference their contact information, or ask for a Driver’s contact information, in the context of renting outside of Pinnico, even if the car is not rented.
If you receive an offer to rent a vehicle outside Pinnico, please report it immediately to email@example.com. If you fail to follow these requirements, you may be subject to a range of actions, including limits on your access to our Services, restrictions on listings, suspension of your account, application of fees, and recovery of our expenses in policy monitoring and enforcement.
Owners and Drivers further agree that each will enter into, and adhere to, a Vehicle Rental Agreement when transacting with each other as part of using the Pinnico Services. This Vehicle Rental Agreement will cover terms including pricing, fees, liability for any traffic and/or parking violations, issues related to the use of the vehicles and any damage related to that use.
Owners and Drivers are expected to resolve any disputes, including alleged damage or other issues, directly with one another.
In exchange for your compliance with this Agreement, Pinnico grants a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to you to access and use the Services. Any and all rights not expressly granted are hereby reserved by Pinnico.
- Our Intellectual Property
The name “Pinnico” and all other Pinnico marks, logos, designs, and phrasing used in connection with our Services are trademarks, service marks, or trade dress of Pinnico in the United States may not be used without the prior and express written permission of Pinnico.
Pinnico and our associated logos and names, if any, are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used in conjunction with our Services, such as trademarks, service marks, names, or logos associated with third-party organizations, are the intellectual property of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Certain materials available on or through our Portals are our Works (i.e., content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and our Portals. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for a use authorized by this Agreement. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.
- Content You Submit
You and other users may be able to upload, post, create, make available, send, share, communicate, transmit, or submit (“Submit” or “Submitted”) data, information, comments, ideas, or other types of content (collectively, “Web Content”) to or through our Portals and other websites/applications linked to our Portals. You understand that all content Submitted by users of our Portals (“User Web Content”) is the sole responsibility of the person with whom such content originated. We do not make any guarantee whatsoever related to User Web Content. Under no circumstances will we be liable or responsible in any way for any claim related to User Web Content.
You retain ownership of any intellectual property contained in your User Web Content. However, you grant us a royalty-free, irrevocable, transferable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public and/or public performance) any and all User Web Content that you Submit to or through our Portals. You also waive to the fullest extent permitted by law any and all claims against us related to moral rights in the User Web Content. In no circumstances will we be liable to you for any exploitation of any User Web Content that you Submit. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit User Web Content that you Submit.
You also grant other users of our Portals and Services a non-exclusive, royalty free license to access your User Web Content consistent with the terms herein and to engage in any reproductions, public performances, communications to the public, distributions, or public displays necessary to do so.
By submitting to us any comment or testimonial, you grant to us and our designees, successors, assigns and licensees the irrevocable, royalty-free right to publish, disseminate, and use your name and likeness, as well as your comment or testimonial, without further notice or consideration, in perpetuity, throughout the world, in all media and media now known or hereafter invented.
Pinnico has no obligation of confidentiality, express or implied, with respect to any User Web Content that you Submit to us through our Portals or through the Internet by email or otherwise, such as any questions, comments, suggestions, or the like. Pinnico shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Web Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever). We shall be free to use any ideas, concepts, know-how or techniques contained in any communication from you to us for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without further authorization from you and without any compensation to you.
8. Procedure for Making Claims of Copyright Infringement for User Content and Links
We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ User Accounts. If you have a good faith belief that your copyright is being infringed by any content accessible on or through our Portals, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:
By mail: 13400 Illinois Route 59, Suite 116-341, Plainfield, IL 60585
By email: support@Pinnicocars.com
To be effective, the notice of claimed infringement must include the following required contents:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the content quickly);
- Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
- A statement the complaining party has 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;
- 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.
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
To leave a message for the Company’s Designated Agent by phone please call (630) 391-1313.
- Procedure for Making Other Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through our Portals and/or Services, please contact us at support@Pinnicocars.com Where appropriate, we will work to prevent unlawful activity from taking place on or through our Portals.
As part of the Services, Pinnico includes limited insurance to Drivers and Owners. Pinnico’s insurance is only valid in partnership with the insurance provided by the TNC. Therefore, if driver does not hold an account with a TNC that is both active and in good standing, driver may be denied coverage by Pinnico’s insurance and could be held fully liable for any and all damages.
Insurance information will be
delivered to Driver and Owner at the time of booking. Pinnico’s insurance is
limited to caps of $100,000 in liability insurance and $25,000 in physical
damage insurance per incident. For the first 30 days of rental a $2,500 deductible will be applied to the
Driver for all physical damage claims and claimant is liable to pay any
deductible. After 30 days the deductible will drop to $500 for the driver.
The Pinnico policy serves as primary insurance when a Driver has picked up a vehicle from an Owner and when the Driver has a TNC application turned-on. The Pinnico insurance is secondary when the Driver is engaged in a ride facilitated by a TNC (as soon as a ride or delivery is accepted). In order to qualify for the insurance provided by a TNC, the following condition must be met:
For any covered “auto”, coverage shall only apply if the “auto” driven by the Driver at the time of “loss” was insured for Collision and/or Comprehensive Coverage under any
- Personal auto insurance policy that includes the Driver as an “insured”; or
- Personal auto insurance policy that includes the “auto” driven by the Driver as a covered “auto.”
Pinnico’s insurance does NOT replace an Owner’s requirement to maintain personal or other insurance as required by law. Pinnico’s insurance will not provide any state filings for you to obtain a vehicle plate or to annually renew a sticker or other state requirement. Pinnico will also not prepare or submit any state filings which may be required in the case of any accident or vehicle damage.
Pinnico’s insurance only provides limited Livery insurance while temporarily operating on the Pinnico platform. Drivers and Owners are otherwise responsible for obtaining and maintaining any and all insurance each deems to provide appropriate coverage and policy limits.
- Authorization to Contact You.
You agree that Pinnico and its service providers and affiliates may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided to Pinnico. You agree that we may contact you to (1) discuss your account, including any transactions related to your account; (2) address or resolve any issues or problems with your account; (3) resolve a dispute; (4) collect any amounts due or past due; (5) inquire about your experience using our Services; (6) as necessary to provide the Services to you; and/or (7) for marketing purposes, including any offers or promotions related to the Services.
You agree that Pinnico may send text messages to you as part of the Services. If you opt out of receiving messages, you understand and acknowledge that you may not receive the full value of Pinnico’s Services.
Pinnico may collect other telephone numbers for you and make calls to any of those numbers, including autodialed numbers. You acknowledge and understand that standard telephone and data charges may apply, including overage fees or charges, depending on your phone or data plan, and that you will be responsible for these fees and charges. If you do not wish to receive these communications, you may change your preferences on your profile page and by emailing support@Pinnicocars.com.
You agree Pinnico may share your telephone numbers with its service providers and these service providers may contact you using autodialed, prerecorded and/or other methods, and may contact you using text or other messaging. Pinnico may monitor or record telephone conversations for quality control, training purposes or for its own protection.
- Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not use our Portals and/or our Services to:
- Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Act in a manner that negatively affects other users’ ability to use the Site, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- Submit any User Web Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
- Submit any User Web Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
- Submit any User Web Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
- Submit any User Web Content for which you have not obtained all necessary written permissions and releases;
- Misrepresent any fact (including without limitation your identity);
- Submit any User Web Content 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, including by engaging in any denial of service attack or similar conduct;
- Exceed your authorized access to any portion of our Portals and/or Services;
- Collect or store personal data about anyone which was derived from Pinnico’s records;
- Modify without permission any part of platform, our Portals or Services;
- Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through our Portals and/or Services;
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access our Portals and/or Services for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; and/or
- Interfere or attempt to interfere with the proper working of our Portals and/or Services or any activities conducted on our Portals or as part of our Services, or bypass any measures we may use to prevent or restrict access to our Portals and/or Services.
- Pricing and Product Descriptions
Although we make reasonable efforts to provide accurate pricing information and services descriptions, pricing mistakes, typographical errors or mistakes regarding vehicle availability may occur. We reserve the right to correct such mistakes and errors. In the event that a service is listed at an incorrect price or a vehicle availability description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that vehicle or service.
You agree to indemnify and hold Pinnico and its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents harmless from any and all third party claims, demands, actions, suits, losses, obligations, liabilities, judgments, proceedings, damages, expenses and costs (including actual attorneys’ fees and expenses), arising out of or in connection with (1) your use of the Services; (2) your breach or violation of any of the terms on which the Services are offered to you; (3) your breach or violation of any of the terms on which you agree with other users, which can include loss or damage to any vehicle and any loss or damage rising from the use of any vehicle.
You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation with or without your consent.
- Disclaimer of Warranties and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PINNICO DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS PORTALS AND/OR SERVICES AND ANY CONTENT OBTAINED THROUGH THE PORTALS AND/OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PINNICO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: (1) THAT ITS PORTALS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) THAT THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH ITS PORTALS AND/OR SERVICES WILL MEET YOUR EXPECTATIONS; (3) THAT THE OPERATION OF THE PORTALS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; OR (4) THAT THE PORTALS, OUR SERVERS, OR COMMUNICATIONS SENT FROM PINNICO WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR PORTALS AND/OR SERVICES.
NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF OURS HAS ANY AUTHORITY TO BIND US TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY RELATING TO OUR PRODUCTS AND/OR SERVICES OTHER THAN AS SPECIFICALLY PROVIDED HEREIN.
PINNICO IS A MARKETPLACE, WHICH MEANS IT IS A TECHNOLOGY PLATFORM THAT HELPS MATCH VEHICLE OWNERS AND DRIVERS WHO TEMPORARILY NEED THE USE OF A VEHICLE AND VICE VERSA. PINNICO DOES NOT ITSELF RENT VEHICLES AND PINNICO IS NEITHER RESPONSIBLE NOR LIABLE FOR THE ACTS OR OMISSIONSPINNICOOF ITS USERS, THE VEHICLE MANUFACTURERS OR ANY THIRD PARTY PRODUCT OR SERVICE PROVIDERS THAT MAY AFFECT THE USE OF ANY VEHICLES MADE AVAILABLE BY USERS ON ITS TECHNOLOGY PLATFORM.
PINNICO’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PINNICO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PINNICO MAKES NO REPRESENTATION AND DOES NOT GUARANTEE SUCH THINGS AS QUALITY, SUITABILITY OR RELIABILITY OF THE SERVICES, WHICH INCLUDES SUCH THINGS AS THE QUALITY, FUNCTIONALITY OR AVAILABILITY OF ANY VEHICLE. PINNICO DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE ERROR FREE, NOR DOES IT REPRESENT OR WARRANTY A PARTICULAR QUALITY, SUITABILITY OR SAFETY. YOU AGREE THAT ANY AND ALL RISK ARISING OUT OF USING THE SERVICES REMAINS SOLELY WITH YOU, TO THE EXTENT ALLOWED UNDER ALL APPLICABLE LAW.
- Limitation of Liability
PINNICO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH WOULD INCLUDE, BUT IS NOT LIMITED TO, LOST PROFITS OR DATA, GOODWILL, DAMAGE TO REPUTATION, INJURY OR INTERRUPTIONS OF SERVICE. THESE LIMITS EXTEND TO ANY AND ALL POSSIBLE LEGAL CLAIMS AND THEORIES AND WHETHER THE CLAIMED DAMAGES ARE FINANCIAL OR NON-FINANCIAL IN NATURE. PINNICO SHALL NOT BE LIABLE FOR ANY LIABILITY OR DAMAGE RELATED TO OR ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SERVICES, OUR PORTALS OR ANY TRANSACTION OR INTERACTION WITH ANY OTHER USER OF THE SERVICES. YOU UNDERSTAND THAT PINNICO PROVIDES THE TECHNOLOGY AND PLATFORM FOR YOU TO INTERACT WITH OTHER USERS, AND, AS SUCH, PINNICO CANNOT AND DOES NOT GUARANTEE ANY PARTICULAR PERFORMANCE. IN ANY AND ALL EVENTS, PINNICO’S TOTAL LIABILITY TO YOU WILL NOT EXCEED $2,500.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PORTALS AND/OR SERVICES, OR WITH OUR PLATFORM, PORTALS AND/OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR PORTALS AND SERVICES.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY OR DAMAGES. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
To the fullest extent permitted by law, you release Pinnico and its affiliates and subsidiaries, and any of their trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including content and/or services found on such sites and services; (iii) disputes concerning any use of or action taken using your User Account by you or a third party; and/or (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your User Account, including unauthorized use or alteration of such communications or your content.
If you have a dispute with one or more of our users, or with any party who provides advertising or third-party services, on, or through our Portals or in conjunction with our Services, or with any party who provides any website/application linked to our Portals or Services, you release Pinnico from all claims, demands, and damages (direct, incidental, indirect, punitive, statutory, exemplary, expectation, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you have a dispute with any third party in any way pertaining to our Portals and/or Services, you release Pinnico from all claims, demands, and damages (direct, incidental, indirect, punitive, statutory, exemplary, expectation, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
IF YOU ARE A ILLINOIS RESIDENT, YOU HEREBY WAIVE ILLINOIS CIVIL CODE §1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE LIMITATIONS IN THIS SECTION NEITHER LIMIT NOR ALTER ANY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to Illinois Civil Code § 1542.
You agree not to file any action or lawsuit inconsistent with the foregoing release.
- Dispute Resolution.
BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE
Both you and Pinnico agree, with the limited exceptions noted below, to resolve all disputes between you and Pinnico through BINDING INDIVIDUAL ARBITRATION as further provided below. BINDING INDIVIDUAL ARBITRATION MEANS THAT YOU AND PINNICO ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Both you and Pinnico waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of our Portals and Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
This Dispute Resolution Clause provides for final, binding arbitration of all disputed claims (discussed immediately below).
Pre-Dispute Resolution. Pinnico and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated.
If Pinnico is the claimant, the claim letter or notice of dispute shall be sent to the latest address we have on file for you. If you are the claimant, the letter shall be sent to Pinnico at support@Pinnicocars.com or by certified mail or overnight courier (where signature is required for delivery) to 13400 Illinois Route 59, Suite 116-341, Plainfield, IL 60585. The notice of dispute is the opportunity for both parties to better understand the facts underlying the dispute and to try and reach resolution quickly.
Any such notice must include the user’s full name, user identification number or name, valid email address and phone number(s), the best times to contact the user and a description of the nature of the dispute, including important facts and key documents, and the outcome the user is seeking.
Unless the FairClaims option is selected below, in which case the waiting period is 14 days from the date the notice is served, if, after 30 days from the delivery of the notice of dispute, the parties have not reached resolution, and the parties have not agreed to additional time to resolve the issues, either party may initiate arbitration proceedings, as specified by the then current procedures of either AAA or FairClaims.
Federal Arbitration Act. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act (“FAA”), will govern its interpretation and enforcement, and proceedings pursuant thereto.
Choice of Law. It is the intent of the parties that the FAA and rules of the arbitration provider (AAA or FairClaims) shall preempt all state laws to the fullest extent permitted by law. If the FAA and rules of the arbitration provider are found not to apply to any issues that arise under this Dispute Resolution Clause or the enforcement thereof, then that issue shall be resolved under the laws of the State of Illinois.
Confidentiality. The Parties also agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the claimants.
Electronic Service. The Parties consent to electronic service of process, with service to be made to the following email addresses support@Pinnicocars.com and to user at the last email address then on file with Pinnico. The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for all actual attorney, court or other fees associated with such action.
Unless the parties agree otherwise, the arbitration will be held in Los Angeles, CA. The arbitrator will issue a decision in the applicable timeframe and include the findings and conclusions relevant to the judgment. Such decision will be consistent with this Agreement, including any Limits of Liability that may be applicable. Any injunctive relief shall be limited to the particular claimant and be awarded only to provide the necessary relief.
Any settlement offer made by you or Pinnico shall not be disclosed to the arbitrator. The arbitrator may require the parties to share necessary information, but all rules of privilege will be recognized.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity. The arbitrator’s award shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction thereof.
The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for all actual attorney, court or other fees associated with such action.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the claimants.
- Disputes between You and Pinnico.
- i. Arbitration. You agree that you will resolve any disputes with Pinnico, including those related to the Portals and Services (including termination and enforcement of the terms of this Agreement), and any and all agreements you have with Pinnico (including issues related to interpretation of any agreements) through binding arbitration between you and Pinnico.
- Arbitration Rules and Process. Any arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the Consumer Arbitration Rules available at www.adr.org, except as modified by this Agreement. You may also access the arbitration rules by contacting AAA directly at 1-800-778-7879.
- Disputes Between You and Pinnico Involving Claims For $25,000 Or Less.
- Where the damages sought are $25,000 or less, at your option, the arbitration may be conducted by Fair Claims (www.FairClaims.com), and not in a court of law, in accordance FairClaims’ Arbitration Rules and Procedures in effect at the time a claim is made.
- Disputes between You and another User.
- i. Arbitration. You agree that you will resolve any disputes between you and other users (Owners or Drivers), including those related to (A) the Portals and Services (including termination and enforcement of the terms), and (B) any and all agreements you have with Pinnico (including issues related to interpretation of any agreements), through binding arbitration administered by Fair Claims (www.FairClaims.com), and not in a court of law, in accordance with FairClaims Arbitration Rules and Procedures effective at the time a claim is made.
- The Driver’s deposit up to $200 will be used to pay the Fair Claims case initiation fee.
- Updates To Dispute Resolution Clause.
If Pinnico changes its Dispute Resolution Clause after the date upon which you first accepted this Agreement, you may reject any such change within 30 days of the effective date by providing written notice to Pinnico either by sending a written notification to 13400 Illinois Route 59, Suite 116-341, Plainfield, IL 60585 or by email at support@Pinnicocars.com. Your written notice must clearly state your name and intention to reject any changes to the modified Dispute Resolution Clause. If you reject any changes to this Dispute Resolution Clause, you still agree to be bound by the terms of the last updated Dispute Resolution Clause to which you did not object.
- Opt-Out Provision
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following. Within 15 days of your first accessing our Portals and Services, you must send a letter to Pinnico at 13400 Illinois Route 59, Suite 116-341, Plainfield, IL 60585 that specifies (1) your name, (2) your IP address(es), (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms and conditions shall continue to apply to you and your User Account, including the requirement to participate in pre-dispute resolution efforts. You are not required to send the letter by certified mail, return receipt requested or overnight courier, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.
- Notice for Illinois Users
Users of our Portals and Services from Illinois are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Illinois Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, Illinois 95814, or by telephone at (800) 952-5210.
20. Governing Law
Use of our Portals and Services and any controversy, claim or dispute arising out of or relating in any way to your use of our Portals and Services shall be governed by the laws of the State of Illinois without respect to its choice (or conflict) of laws rules. Notwithstanding the immediately preceding sentence or anything else herein to the contrary, the requirement to arbitrate claims on an individual basis, and the arbitration provisions set forth herein in general, shall be governed by and interpreted in accordance with the Federal Arbitration Act.
21. Forum Selection/Jurisdiction
Any legal action or proceeding relating to this Agreement, our Portals and our Services not otherwise subject to the Dispute Resolution Clause above shall be instituted in the Federal Court in the Central District of Illinois located in Los Angeles County, Illinois. EACH OF THE PARTIES HEREBY SUBMITS TO THE PERSONAL JURISDICTION OF THE UNITED STATES FEDERAL COURTS IN THE CENTRAL DISTRICT OF ILLINOIS FOR ALL PURPOSES CONNECTED TO THIS AGREEMENT, NOT OTHERWISE SUBJECT TO THE DISPUTE RESOLUTION CLAUSE ABOVE. You and we agree that venue is proper in these courts in any legal action or proceeding not otherwise subject to the Dispute Resolution Clause above. In any such action or proceeding, you and Pinnico shall have all the remedies available at law or at equity, except to the extent that such remedies, such as liability and damages, are limited by the terms of this Agreement. All remedies shall be cumulative and not exclusive.
22. Statute of Limitations
Upon termination of your access to or ability to use our Portals and Services, including but not limited to suspension of your User Account, your right to use or access any Service and/or any content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of our Portals and Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party.
You may terminate your User Account with us and under this Agreement at any time by emailing us at support@Pinnicocars.com.
- You may not assign any rights or obligations that you have under this Agreement without the prior written consent of Pinnico, and you will remain responsible for your obligations under this Agreement even if we consent to an assignment. Pinnico may assign this Agreement without your consent to any subsidiary or affiliate, any acquirer of the Pinnico business or assets, or any successor entity.
- If any part of this Agreement is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms and conditions shall continue in full effect.
- Any failure of Pinnico to exercise or enforce any right or provision of this Agreement shall not constitute a waiver or relinquishment to any extent of such right or provision. Any waiver of any right or provision must be in writing.
- No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
- Except as otherwise expressly provided elsewhere herein, there shall be no third-party beneficiaries to this Agreement. For the purpose of clarity, Pinnico’s representatives, affiliates and subsidiaries, and any of their trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees or licensors are intended to be and are considered third party beneficiaries of this agreement.
30. Entire Agreement
31. Electronic Recordkeeping
32. The headings in this Agreement are for convenience only and have no legal or contractual effect.
- We may terminate or amend this Agreement for any or no reason at any time by notifying you through a notice on the Portals, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.
- “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
- Pinnico may provide notice to you related to the Services electronically by directing that notice to the email address you have provided to Pinnico, or by written notification mailed to the last physical address that you have provided. Notice shall be deemed effective 48 hours after it is sent (if by email) or posting (if by regular mail). You may give notice to Pinnico via email at support@Pinnicocars.com.
- You may contact Pinnico with any questions about this Agreement, our Portals or our Services by email to support@Pinnicocars.com or by mail at 13400 Illinois Route 59, Suite 116-341, Plainfield, IL 60585 We will make our best efforts to address your inquiry promptly.
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