Merchant Terms

PikFly, Inc

Terms of Use - Merchants

Definitions

Merchant - Independent business conducting business in a PikFly marketplace
Merchant Offerings - products offered for sale by Merchant
Navigator - Independent Contractors that deliver Merchant Offerings to the consumers that purchased Merchant Offerings
Final Delivery - The process of the Navigator taking possession of Merchant Offerings and from Merchant location

Acceptance
The following is an agreement ("Agreement") between you ("Merchant") and PikFly, Inc., a Delaware corporation. By accessing, browsing, subscribing to, or using the PikFly website ("Site"), and by using products, services, or software provided by PikFly in connection with any of the forgoing, you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.

PikFly may modify the terms of use from time to time and post those modifications here on this web page. Continued use of the Site after any such modification constitutes your acceptance of the modified agreement. Merchant will be notified of any change in terms

Through the use of the Site, PikFly will offer delivery options to Merchant Customers upon the sale of Merchant Offerings. Each Merchant is solely responsible for the care and quality of the Merchant Offerings that it provides until Navigator takes possession of the Merchant Offerings for final delivery.

PIKFLY AND ITS PIKFLY SOFTWARE AND SERVICES DO NOT PROVIDE TRANSPORTATION SERVICES, AND PIKFLY IS NOT A TRANSPORTATION CARRIER. ALL TRANSPORTATION SERVICES ARE PROVIDED BY THIRD PARTIES. PIKFLY OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND MERCHANTS, AND DRIVERS AND CONSUMERS SEEKING TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. PIKFLY AND THIRD PARTY'S EXCLUSIVE RESPONSIBILITY IS ONLY FOR MERCHANT SERVICES ONLY UPON FINAL DELIVERY TO CONSUMER.

The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by PikFly from its offices at 2702 N 3rd Street, Suite 3015, Phoenix, AZ 85004. PikFly provides services exclusively to customers in the United States. PikFly makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations, do so on their own initiative and are responsible for compliance with all applicable laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of Delaware. The state and federal courts located in Phoenix, AZ, shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby agree to the personal jurisdiction of such courts.
Your Account
By using the Site, you agree that you
1. are able to create a binding legal obligation
2. will use the Site at all times in compliance with these Terms of Use
3. will safeguard your password and supervise the use of your account
4. have the right to provide any information that you submit to the Site, that such information is true, accurate, and correct, and that you will update any information that becomes outdated or inaccurate
5. will not use any customer information for any reason other than to call the customer about a specific order they placed in relation to the product not being available.
You are responsible for maintaining the security of your account and the account settings that reflect your preferences. You are solely responsible for any activity that occurs under your account.
Ownership and Proprietary Information
The content and information on this Site and through communications is proprietary to PikFly. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, products, or services obtained from or through this Site without written permission from PikFly.
Use Restrictions and Intellectual Property
This Site may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site in whole or in part. Any questions concerning whether a trademark is a U.S trademark owned by PikFly should be referred to PikFly at legal@pikfly.com.

You also may not, without the permission of Pinnacle Cart, "mirror" any material contained on this Site on any other server. Any unauthorized use of any content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You will not upload, post, or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You will indemnify PikFly for any claims by third parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission of material by you.

To the extent your conduct, as judged by PikFly in its sole and absolute discretion, restricts or inhibits any other users from using or enjoying any part of the Site, we may limit or suspend your access on the Site and seek other remedies.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Pinnacle Cart's proprietary rights in them.
Changes
Information on this Site may be changed or updated without notice. PikFly may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Transmission of Information
We do not control the security of the Internet or other networks you use to access the Site or communicate with us. As a result, we cannot be, and are not responsible for, the security of information that you choose to communicate with PikFly and the Site while it is being transmitted. In addition, PikFly is not responsible for any data lost during transmission.
Availability
Information which PikFly publishes on this Site may contain references or cross references to products, programs, and services that are not announced or available in your location. Such references do not imply that PikFly intends to announce such products, programs, or services in your location. Consult PikFly for information regarding the products, programs, and services which may be available to you. Although we use reasonable efforts to keep the Site and your account accessible, you agree that the Site and your account may be inaccessible from time to time for reasons within and outside our control. PikFly retains the right to deny service or access to the Site to anyone, at any time, for any reason.
Information "AS IS"
INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY PIKFLY ON AN "AS IS" BASIS ONLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PIKFLY EXPRESSLY DISCLAIMS ANY OR ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PIKFLY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PIKFLY OR A PIKFLY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN NO EVENT SHALL THE TOTAL LIABILITY OF PIKFLY UNDER THIS AGREEMENT EXCEED THE AMOUNT CONFERRED BY YOU TO PIKFLY OVER THE THREE MONTHS IMMEDIATELY PRIOR TO THE ACT GIVING RISE TO THE CLAIM, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Payment Terms
The PikFly service is provided on a month to month basis. Your monthly fee is due one time per month on the same day it was purchased. A monthly fee + a transaction fee of 5% of the product price is owed at the time of the transaction. Cancellations of service must be done from your account area. All cancellations will be processed within 24 hours of receiving notification. Monthly service rates are not prorated.
Governing law and dispute resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Delaware (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
PikFly Transmissions
Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by PikFly or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. Notwithstanding the foregoing, all personal data provided to PikFly will be handled in accordance with PikFly Privacy Statement, available at https://www.pikfly.com/privacy-policy, You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Revisions
PikFly may at any time revise this Agreement by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. If you do not agree to the changes, you can close your account without penalty. We will post to the Site notice of changes that affect your use of the Site.
Electronic Communications
When you use the Site or send emails to PikFly, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
Digital Millennium Copyright Act ("DMCA") Notice.
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that 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;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: Scott Weiss Weiss Brown 6263 North Scottsdale Road, Suite 340 Scottsdale, AZ 85250

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

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Merchant Terms