Terms of Service

Last Updated: April 25, 2011

1. What does this Contract cover? This is a contract between you and Pinpoint Pickup ("Pinpoint"). Sometimes Pinpoint is referred to as "we", "us" or "our". This contract applies to all use of Pinpoint services. This document replaces any prior terms of service agreements between you and Pinpoint.

Please note that we do not provide warranties for the service. The contract also limits our liability.

If you have any questions about this agreement, please contact us at

Pinpoint Pickup
Re:
Terms of Service
15600 Redmond Way Suite 101
Redmond, WA 98052

Please note that your use of Pinpoint products may also be subject to the Terms of Service or Terms of Use of other companies, such as Google Maps and Apple. We encourage you to read these other organizations' terms.

2. What rights do I have? The rights that you have under this agreement depend on whether you are using the service to arrange for a ride or using the service as an operator seeking to provide rides.

(i) Customers seeking to arrange a ride:

Right to use: Subject to your compliance with this agreement, you may use the Pinpoint web site or download the Pinpoint application to your mobile device and use the application to request a ride from a ride operator.

By using Pinpoint's products or services, you acknowledge that operators are separate, non-affiliated business entities and that Pinpoint is not responsible for decisions, actions, or lack of actions of said non-affiliated business entities.

By using Pinpoint's products or services, you understand that fare quotes are approximate. Fares may vary based on the company ultimately assigned to perform the pick up, and fare quotes are always rounded. Operators may choose to pass on fees for tolls, airport pickups or drop offs, public utility surcharges, etc. Many ride operators charge a fee if they are kept waiting or asked to make a separate stop. You acknowledge that Pinpoint Pickup does not control these fees and will not refund extra fees that operators may choose to impose.

You understand that the approximate fares shown do not include tip. The typical gratuity within the sedan ride industry is 20 percent.

We require use of transaction tracking and/or session tracking methods for all uses of the service.

Restrictions: We have some restrictions on your use of the service. You may not:

(ii) Operators seeking to provide rides

Right to use: Subject to your compliance with this agreement, you may receive communications from Pinpoint and/or use the Pinpoint web site to arrange to provide your service to members of the public in need of a ride.

You will be charged a fee each time that Pinpoint connects you with a ride-seeking customer. You agree to pay this fee in a timely manner and in compliance with Pinpoint's payment policies. Pinpoint reserves the right to change the amount of this fee. If you do not agree to the changed fee, you may stop using Pinpoint services to locate ride-seeking customers.

By using Pinpoint's products or services, you acknowledge that you and your company are separate, non-affiliated business entities and that Pinpoint is not responsible for your or your company's decisions, actions, or lack of actions.

By using Pinpoint's products or services, you acknowledge that you conduct all aspects of your business in a standard and professional manner and remain in good standing with the public and the government.

You acknowledge that you and your company take privacy seriously and take all reasonable efforts to protect customers' personal information.

Further, by using Pinpoint's products or services, you represent that you take all reasonable efforts to provide safe, comfortable, and efficient rides to customers.

If you do not meet these requirements, you may not use Pinpoint products or services in order to provide rides. If you lapse on any of these requirements, such as the requirement to maintain proper insurance, you must stop using Pinpoint products and services until you meet all requirements.

We require use of transaction tracking and/or session tracking methods for all uses of the service.

Restrictions: We have some restrictions on your use of the service. You may not:

(iii) Government use

In addition to any applicable use requirements and restriction listed above in the user and operator sections of this agreement, you will not use Pinpoint products or services in any way that might be perceived as potentially harming Pinpoint or a ride operator, such as unannounced vehicle inspections or investigating drivers or operator companies.

3. Code of Conduct

(i) What can I do? As a customer or operator you must:

(ii) What can't I do? As a customer or operator you may not:

Pinpoint reserves the right, in its sole discretion, to determine whether your use of the service is in accordance with the terms of this agreement.

4. Limitations and Conditions of the Service. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may hinder or break your use of the service.

Pinpoint may, in its sole discretion, limit the: (i) rate at which the service, or any subset of it, may be called, (ii) the amount of storage made available to each service account, or (iii) the length of individual content segments that may be uploaded to, or served from, the service (all of the foregoing being forms of "Throttling"). Pinpoint may perform this Throttling globally across the entire service, per end user, or on any other basis. You will not take steps to circumvent any technical measures we may put in place to enforce Throttling.

We reserve the right to include a search box in the content served through the service.

5. Privacy. All access to and use of the service is subject to the data practices set forth in the Pinpoint Privacy Policy available at http://www.pinpointpickup.com/legal/privacy.

6. How We May Change the Contract. If we change this contract, then we will provide notice on our web site. If you do not agree to these changes, then you must stop using the service. If you do not stop using the service, then your use of the service will continue under the changed contract.

7. Your Responsibility. You will indemnify and hold Pinpoint, any of its affiliates or related parties, as well as the manufacturer of your phone and your telecommunications service provider, harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of any breach by you of any obligation or warranty under this agreement. You will be solely responsible for defending any claim, subject to Pinpoint's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on Pinpoint or related parties without Pinpoint's prior written consent.

8. Reservation of Rights. Pinpoint and its suppliers and affiliates retain all right, title and interest in and to the service and all intellectual property rights therein. This agreement does not grant you any rights in any Pinpoint logo, trademark or service mark, and you will not use any logo, trademark or service mark of Pinpoint for any purpose without the prior written approval of Pinpoint. You will not claim or imply any sponsorship or endorsement of you or your company by Pinpoint.

9. Term. This agreement will become effective on your first use of the product or service. This agreement may be terminated immediately for any reason and without notice by Pinpoint. If this agreement terminates, all rights granted to you by this agreement will automatically terminate and you will cease to have any rights to use the products or services.

10. WE MAKE NO WARRANTY. We provide the service "as-is", "with all faults" and "as available". We do not guarantee the accuracy or timeliness of information available from the service. Pinpoint and its affiliated parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

11. LIABILITY LIMITATION. You can recover from the Pinpoint parties only direct damages up to an amount equal to fees you have paid to us for the service for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

It also applies even if:

Some locations do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

12. Changes to the Service; Cancellation of the Service; Audit. We may change the product or service at any time and for any reason. Such changes may include removal of features, or the requirement of fees for previously-free features. Some changes to the service may cause existing Applications to stop working. We may cancel or suspend your use of the service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the products or services stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Pinpoint reserves the right to verify your compliance with this contract.

13. Interpreting the Contract. All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This agreement, together with any written supplements acknowledged by you and us, constitutes the entire agreement between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

14. Assignment. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person without our prior written consent, which will not be unreasonably withheld. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

15. No Third Party Beneficiaries. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

16. Claim Must Be Filed Within One Year. Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors.

17. Notices; Consent Regarding Electronic Information. This contract may have been presented to you in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We reserve the right to send you this information in the format most convenient for Pinpoint, including at times exclusively sending information in electronic form. We may provide required information to you:

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

Any notice from you will be sent to:

Pinpoint Pickup
Re:
Terms of Service
15600 Redmond Way Suite 101
Redmond, WA 98052

18. Arbitration. The parties agree that any dispute relating to the subject matter of this agreement shall be submitted to binding arbitration per the rules and procedures of the American Arbitration Association. It is further agreed that in the event of a dispute, the most prevailing party shall be entitled to their reasonable attorney's fees and costs, with or without suit or on appeal.

19. Choice of Law and Location for Resolving Disputes. Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, also will be subject to the laws of Washington state — unless you use the service outside of Washington state but within a state in which Pinpoint has a business presence, and you also have a presence in that state — in which case, the laws of the non-Washington state where the service was used may govern. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract.

20. Other Companies' Terms of Service. Note that Pinpoint's services may rely on some products produced by certain other entities, that using Pinpoint's service may thus subject you to those other companies' Terms of Service or Terms of Use, and that reviewing those entities' Terms of Service or Terms of Use is advised.