Piggybak Inc. (“Piggybak,” “we,” “us,” “our”) is a trusted social platform that allows its users to seamlessly track, organize and share great places.
1. AGREEMENT TO TERMS
You may use or access our Services only if you agree to be bound by these Terms and all applicable laws. When you create an account with Piggybak, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization or other entity, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind that entity to these Terms, and that you agree to these Terms on the entity’s behalf. In that case, “you” and “your” will refer to that company or other legal entity.
3. CHANGES TO OUR TERMS OF SERVICE
Piggybak may modify or update these Terms ("Updated Terms") from time to time, so please review them periodically. You agree that we may notify you of the Updated Terms by posting them on our website and that your continued use of the Services after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PIGGYBAK THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 20 (DISPUTE RESOLUTION AND ARBITRATION) BELOW FOR ADDITIONAL DETAILS (INCLUDING THE PROCEDURE FOR OPTING OUT OF ARBITRATION).
4. YOUR ACCOUNT
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can create an account by using login credentials from a Social Network Service Account (“SNS Account”) such as Facebook or by using your email address. If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to review such information, as needed, to keep it accurate and complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. You agree that you are responsible for all data charges you incur through use of the Services. Please note that we reserve the right to force forfeiture of any Account’s username for any reason.
5. POSTING USER CONTENT
Piggybak allows its users to post, submit or display content associated with their Account, including data, text, information, usernames, images, graphics, photos, profiles, comments, labels, links and other materials. Any such content that a user makes available on our Services is referred to as “User Content.” You retain all ownership rights in and are solely responsible for, the User Content you post to Piggybak. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You acknowledge that the Services and any associated User Content are governed and protected by copyright, trademark, publicity, privacy and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or associated User Content.
6. USE OF YOUR USER CONTENT BY PIGGYBAK AND OTHERS
7. USE OF USER CONTENT BY YOU
Subject to your compliance with these Terms, Piggybak grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print User Content from other users solely in connection with your permitted use of our Services and solely for your personal and non-commercial purposes.
8. RETENTION OF YOUR USER CONTENT
Following termination or deactivation of your account, or if you remove any User Content from Piggybak, we may retain your User Content for a commercially reasonable period of time for backup, archival, legal or audit purposes. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
9. FEEDBACK YOU PROVIDE
We appreciate hearing about how we can improve our Services. If you choose to submit your comments, feedback, or suggestions, you agree that Piggybak is free to use them without any restriction or compensation to you. By accepting your submission, Piggybak does not waive any rights to use similar or related feedback previously known to us, or developed by its employees, or obtained from sources other than you. You can submit feedback by e-mailing us.
10. YOUR RIGHT TO USE THE APP
Subject to your compliance with these Terms and our Policies, Piggybak grants you a limited non-exclusive, non-transferable, and revocable license to download and install our App on a mobile device, tablet or computer that you own or control and to run such App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Piggybak reserves all rights in and to the App not expressly granted to you under these Terms.
We care about the security of our users. While we work to protect the security of your content and account, Piggybak cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure and change your password on a periodic basis. Please notify us immediately of any compromise or unauthorized use of your account.
12. ACCESSING THE APP FROM AN APP STORE
The following terms apply to any App downloaded from or accessed through an application store or distribution platform (like the Apple App Store or Google Play Store) where the App may now or in the future be made available (each an “App Platform”). You acknowledge and agree that:
A. These Terms are concluded between you and Piggybak, and not with the App Platform. Piggybak (not the App Platform), is solely responsible for the App.
B. The App Platform has no obligation to furnish any support services with respect to the App.
C. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Platform, and the App Platform will refund the purchase price for the App to you (if applicable) and, to the extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Piggybak.
D. The App Platform is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
E. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Piggybak will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
F. The App Platform, and its subsidiaries, are third party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
G. You 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.
H. You must also comply with all applicable third party terms of service when using the App.
13. GENERAL PROHIBITIONS AND PIGGYBAK’S ENFORCEMENT RIGHTS
You agree not to do any of the following:
A. Post, upload, share, contribute, submit or transmit any User Content that: (i) infringes or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation (for example, federal, state, local and provincial) or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is obscene, pornographic, vulgar, sexually suggestive, violent, abusive or offensive; (v) includes or promotes discrimination, bigotry, racism, hatred, harassment, defamation, threats, intimidation or harm to or against any individual or group; (vi) promotes illegal or harmful activities or substances; or (vii) includes private or confidential information such as, without limitation, you or another person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
B. Use, mirror, frame or otherwise display the Services or any individual element within our Services, Piggybak's name, any Piggybak trademark, logo or other proprietary information, or the layout and design of any page or content on a page, without Piggybak's express written consent;
C. Access, tamper with, interfere with or use non-public areas of the Services, Piggybak's computer systems, or the technical delivery systems of Piggybak's providers, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
D. Attempt to access or search the Services or User Content or download User Content from the Services through unauthorized means, including but not limited to agents, automated devices, scripts, bots, spiders, crawlers, scrapers or related mechanisms;
E. Attempt to probe, scan or test the vulnerability of any Piggybak system or network or breach any security or authentication measures;
F. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Piggybak or any of Piggybak's providers or any other third party to protect our Services or User Content;
G. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or User Content;
H. Attempt to restrict another user from use or enjoyment of the Services, for example, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
I. Create or send any unwanted email, comments, advertising materials, promotional materials, junk mail, spam, or other forms of commercial or harassing communications;
J. Use the Services or User Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
K. Collect or store any Personally Identifiable Information from the Services from other users of the Services without their express permission;
K. Impersonate or misrepresent your affiliation with any person or entity;
M. Violate any applicable law or regulation; or
N. Encourage or facilitate violations of any of these Terms or other Piggybak policies.
Although we are under no obligation to monitor individual user activity with regard to our Services or User Content nor review or edit any User Content, we reserve the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Violation of the letter or spirit of these Terms may, at our sole discretion, at any time and without notice result in restrictions to or termination of your Piggybak account. You understand and agree that Piggybak cannot and will not be responsible or liable the User Content posted on the Services and you use the Services at your own risk. Piggybak reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.
14. COPYRIGHT AND DMCA POLICY
Piggybak respects copyright law and expects its users to do the same. You acknowledge that it is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Services, please notify us as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide us the following information in writing: (i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim is being infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on our Services; (iv) Information reasonably sufficient to permit Piggybak to contact you, such as your address, telephone number, and email address; (v) 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 law; and (vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
15. LINKS TO THIRD PARTY WEBSITES AND FEATURES
Our Services (including the App) may contain links to or send communications with links to third party websites or features or links that we do not control, maintain or endorse. We provide these links and any other third party content only as a convenience and are not responsible for the content on or available from those websites or features or links displayed on such websites. For example, the Services may include a feature that enables you to share User Content from the Services or your User Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third party service. You expressly acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or features or links. Your correspondence and business dealings with third parties found through the Services are solely between you and the third party.
16. ACCOUNT TERMINATION
We reserve the right to modify or terminate your access to and use of the Services for any reason, without notice, at any time, and without liability to you. You may cancel your Account at any time by sending an email to us. If we terminate your access to the Services or you cancel your Account, your photos, comments, connections and all other data will no longer be accessible through your Account, but those materials and data may persist and appear within the Services. Upon any termination, all licenses and other rights granted to you in these Terms will immediately cease.
17. DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE APP AND WEBSITE, AS WELL AS ITS CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS FOR YOUR USE SUBJECT TO THESE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PIGGYBAK NOR ITS AFFILIATES OR SUBSIDIARIES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PIGGYBAK PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE PIGGYBAK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PIGGYBAK OR VIA THE SERVICES. IN ADDITION, THE PIGGYBAK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND CONTENT MADE AVAILABLE THROUGH THE SERVICES.
THE PIGGYBAK PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PIGGYBAK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE SERVICES OR USER CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND ITS CONTENT (INCLUDING PIGGYBACK CONTENT AND USER CONTENT) IS AT YOUR SOLE RISK. THE PIGGYBAK PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PIGGYBAK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE.
18. LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMTANCES WILL PIGGYBAK OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SERVICES; (B) PIGGYBAK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PIGGYBAK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PIGGYBAK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER BASIS (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE PIGGYBAK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIGGYBAK AND YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PIGGYBAK'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PIGGYBAK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PIGGYBAK PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (OR ANY SIMILAR LAW IN EFFECT IN YOUR JURISDICTION) WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
PIGGYBAK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Piggybak’s request), indemnify and hold harmless Piggybak, its officers, directors, employees, agents and third parties from and against any claims, demands, causes of action, liabilities, costs, losses and expenses, including without limitation, reasonable attorney’s fees as well as damages, arising directly or indirectly out of or from (i) your User Content or access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any applicable laws, rules or regulations; or (v) any misrepresentation made by you. Piggybak reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with Piggybak in asserting any available defenses as we reasonably request.
20. DISPUTE RESOLUTION AND ARBITRATION
If you have a dispute with Piggybak, you agree to contact us and try and resolve the dispute informally before pursuing other alternatives.
If you are a member located in the U.S., you agree that any unresolved disputes between you and Piggybak (whether or not such dispute involves a third party) with regard to your relationship with Piggybak, including without limitation, disputes related to these Terms, your use of the Services or its content, will be resolved by final and binding, individual arbitration under the American Arbitration Association (“AAA”)(based on its Consumer Arbitration Rules as applicable) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration, except that you may assert claims in your small claims court if such claims qualify. If for any reason a dispute proceeds to court rather than arbitration, you and Piggybak hereby expressly waive any right to a jury trial.
You may bring claims only on your own behalf. Neither you nor Piggybak will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Piggybak is a party to the proceeding.
The interpretation and enforcement of this dispute resolution provision will be governed by the Federal Arbitration Act. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. Any relief awarded cannot affect other Piggybak members. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
The AAA Rules are available at www.adr.org. The arbitration may be conducted in writing, remotely or in-person in the county where you live (or at some other mutually agreed on location). Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Piggybak will pay for all filing, administration and arbitrator fees, at your request, if your dispute is for less than $10,000. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. If the arbitrator determines that your claims are frivolous, you agree to reimburse Piggybak for all fees associated with the arbitration paid by Piggybak on your behalf that you otherwise would be obligated to pay under the AAA's rules.
You may opt out of this agreement to arbitrate and litigate any dispute with Piggybak by mailing or emailing Piggybak in writing within 30 days of the date that you first become subject to this arbitration provision. To opt out, you must (i) mail your notice to Piggybak Inc. ATTN: Arbitration Opt-out 3365 Piedmont Road NE Suite 1400, Atlanta, GA 30305; or (ii) email your notice. You must include your name and residence address, the email address associated with your Piggybak account, and a clear statement that you want to opt out of this arbitration agreement. You also must hand-sign the opt out notice for it to be effective.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration provision will be null and void. Notwithstanding, if a court decides that any other dispute resolution terms are invalid or unenforceable, the remaining parts of this arbitration provision shall still apply. This arbitration agreement will survive the termination of your relationship with Piggybak. To the extent any claim, dispute or controversy regarding Piggybak is not arbitrable under applicable laws or otherwise, you and Piggybak both agree that any claim or dispute regarding Pinterest will be resolved exclusively in accordance with Section 21 (Controlling Law and Jurisdiction).
21. CONTROLLING LAW AND JURISDICTION
For any actions not subject to Section 20 (Dispute Resolution and Arbitration), you agree that these Terms and the Services shall be governed by the laws of the State of Delaware (without respect to its conflict of law principles). Some jurisdictions (including the European Union) provide consumers with mandatory rights that cannot be excluded via choice of law; if you are in such a jurisdiction, the preceding sentence does not affect those rights.
You and Piggybak both also agree that, for any actions not subject to Section 20 (Dispute Resolution and Arbitration), any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Delaware.
You acknowledge and agree that any violation of these Terms may cause Piggybak irreparable harm, and therefore agree that Piggybak will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Piggybak may have for a breach of these Terms.
22. ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between Piggybak and you regarding the Services, Piggybak Content and User Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Piggybak and you regarding the Services and User Content. If any provision of these Terms is held invalid or unenforceable (by an arbitrator or a court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Piggybak’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null. Piggybak may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. We reserve all rights not expressly granted to you.
Any notices or other communications provided by Piggybak under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
24. EFFECTIVENESS OF WAIVERS
Piggybak’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Piggybak. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
25. CONTACTING US
Effective Date: February 1, 2018