• Contractual Relationship

    • These Terms of Use (“Terms”) apply to your access to, and use of, all or any part of the Services (as defined below) any website or mobile application, payment and other products and services, including DROPNPICK XPress LLC, dropnpick.com, and all associated sites, frames, or web services (collectively, the “Services” or “DropNPick Services” , “DropNPick Xpress Services”) of DROPNPICK XPress LLC, Inc. or its parents, subsidiaries, affiliates, officers and directors (collectively, "DROPNPICK XPress"). The words “you” and “your” refer to the users of the Services, and to any successor in interest of any such user. PLEASE CAREFULLY READ THESE CONDITIONS, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DROPNPICK XPress. In these Terms, the words "including" and "include" mean "including, but not limited to."

    • By accessing or using the Services on the platform/websites, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. DROPNPICK XPress may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

    • IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DROPNPICK XPress ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

    • Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

    • In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. BY ACCEPTING ELECTRONICALLY, USING, OR INITIATING PAYMENT THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.

    • AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING SUPPORT@DROPNPICK.COM WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT. This agreement contains disclaimers and other provisions that limit our liability to you.

    • By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

    • DROPNPICK XPress’s collection and use of personal information in connection with the Services is described in DROPNPICK XPress's Privacy Statements located at https://www.dropnpick.com/privacy.

    • Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

    • Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

  • Arbitration Agreement
    • By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against DROPNPICK XPress on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against DROPNPICK XPress, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against DROPNPICK XPress by someone else.
    • Agreement to Binding Arbitration Between You and DROPNPICK XPress.
    • You and DROPNPICK XPress agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and DROPNPICK XPress, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. DROPNPICK XPress agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.
    • You acknowledge and agree that you and DROPNPICK XPress are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and DROPNPICK XPress otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and DROPNPICK XPress each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
    • Severability and Survival.
      • If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
  • The Services
    • The “Services” collectively refers to mobile applications and related services (each, an "Application"), which enable users to arrange and schedule logistics, transportation and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with DROPNPICK XPress or certain of DROPNPICK XPress's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by DROPNPICK XPress in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. You acknowledge that your ability to obtain logistics, transportation and /or delivery services through the use of the service does not establish DropNPick as a provider of transportation, logistics or delivery services.
    • License Grant.
      • ISubject to your compliance with these Terms, DROPNPICK XPress grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single Mobile Device owned and controlled by You, and to access and use the Application on such Mobile Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Mobile Device (collectively "Related Agreements"). Any rights not explicitly granted herein are reserved by DROPNPICK XPress.
    • Restrictions on Use.
      • You may not:
        • remove any copyright, trademark or other proprietary notices from any portion of the Services;
        • Reproduce, modify, prepare derivative works based upon, license, distribute, lease, transfer, resell, publicly display, publicly perform, stream, transmit, broadcast or otherwise exploit the Services except as expressly permitted by DROPNPICK XPress;
        • Reverse engineer or disassemble the Services except as may be permitted by applicable law;
        • Use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company
        • Link to, mirror or frame any portion of the Services;
        • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
        • Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
    • Third Party Services and Content.
      • The Services may be made available or accessed in connection with third party services and content (including advertising) that DROPNPICK XPress does not control. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers.
    • Ownership.
      • The Services and all rights therein are and shall remain DROPNPICK XPress's property or the property of DROPNPICK LLC licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner DROPNPICK XPress company names, logos, product and service names, trademarks or services marks or those of DROPNPICK XPress's licensors.
  • Access and Use of the Services
    • User Accounts.
      • In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to DROPNPICK XPress certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by DROPNPICK XPress. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DROPNPICK XPress in writing, you may only possess one Account.
    • User Requirements and Conduct.
      • The Service is not available for use by persons under the age of 18. You shall not authorize third parties to use your Account, and you shall not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you shall only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services and DROPNPICK XPress may charge you a cancellation fee for a transaction that could not be completed because of your failure to comply with these Terms. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
    • Use of Information.
      • Consent to use information.
      • You hereby authorize and consent to the collection, storage and use, by DROPNPICK XPress and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to DROPNPICK XPress. Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
    • Network Access.
      • You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DROPNPICK XPress does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  • Payment
    • You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). DROPNPICK XPress will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
    • All Charges and payments will be enabled by DROPNPICK XPress using the preferred payment method designated in your Account, after which you will receive a receipt by email/Text. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DROPNPICK XPress may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by DROPNPICK XPress.
    • As between you and DROPNPICK XPress, DROPNPICK XPress reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DROPNPICK XPress's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. DROPNPICK XPress will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DROPNPICK may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. DROPNPICK XPress may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
    • In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and DROPNPICK XPress will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. DROPNPICK XPress will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to DROPNPICK XPress or its affiliates, where DROPNPICK is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from DROPNPICK XPress for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and DROPNPICK XPress will respond accordingly to any request from you to modify the Charges for a particular service or good. DROPNPICK XPress does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by DROPNPICK XPress (on DROPNPICKs website, in the Application, or in DROPNPICK XPress's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that DROPNPICK XPress provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
    • Damages.
      • You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by DROPNPICK XPress in DROPNPICK's reasonable discretion, DROPNPICK XPress reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by DROPNPICK XPress to a Third Party Provider, if applicable, and are non-refundable.
    • Disclaimer of Warranties.
      • YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. DROPNPICK AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, DROPNPICK AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (d) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DROPNPICK XPress OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT DROPNPICK HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
  • Limitation of Liability.
    • UNDER NO CIRCUMSTANCES SHALL DROPNPICK XPress OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DROPNPICK'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($60.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    • Indemnity.
      • You agree to indemnify and hold DROPNPICK XPress and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (a) your use of the Services or services or goods obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) DROPNPICK XPress's use of your User Content; or (d) your violation of the rights of any third party, including Third Party Providers.
    • Other Provisions.
      • Choice of Law.
        • These Terms are governed by and construed in accordance with the laws of the State where prescribed, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Carolinians to assert claims under state law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of State law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending State law to you if you do not otherwise reside in State. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
      • Compatibility.
        • DROPNPICK does not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
      • General.
        • You may not assign these Terms without DROPNPICK XPress's prior written approval. DROPNPICK XPress may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of DROPNPICK XPress's equity, business or assets; or (c) a successor. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, DROPNPICK XPress or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DROPNPICK XPress's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DROPNPICK XPress in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
      • Contact Us.
        • Please feel free to contact us with any comments, questions or suggestions you might have regarding these Terms or the Services. You may contact us at: Please visit DROPNPICK XPress's web page at https://www.DROPNPICK.com