These Terms of Service (“Terms”) are a binding legal agreement between you and Podmaps, Inc, that govern your right to use the websites, applications, and other offerings from Podmaps, Inc, Inc (collectively, the “PODMAP”). When used in these Terms, “Podmaps, Inc,” “PODMAP”, “we,” “us,” or “our” refers to the Podmaps entity with whom you are contracting.
The Podmap Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Clients.” Hosts offer their addresses for Clients as places of delivery (“POD”), of goods and mail as well as service of further delivering packages directly to their Clients (collectively, “Host Services,” and each Host Service offering, a “Host Listing”). You must register an account to access and use features of the Podmap Platform, and must keep your account information accurate. As the provider of the Podmap Platform, Podmap does not own, control, offer or manage any Listings or Host Services. Podmap is not a party to the contracts entered into directly between Hosts and Clients, nor is Podmap a broker, agency, or insurer. Podmap is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Podmap’s role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Podmap payment entities (collectively “Podmap Payments“).
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Table of Contents
Client Terms
Host Terms
General Terms
CLIENTS TERMS
At Podmap we believe that it is a basic human right, among all other rights, to be able to receive letters and packages, even without an official address.
The mission of Podmap is to create a platform, which helps to connect parties wishing to have an address or place of delivery (POD) for receiving of goods/packages/letters and those who can provide such address or point of delivery. Parties can be individuals or organizations. Our mission is also to help identify universally recognized and accepted points of delivery for every individual and organization. Individuals or organizations (Clients) who wish to keep their address confidential or who do not have a reliable permanent address shall have the ability to do so by engaging other individual or organizations (Hosts) to receive such letters/packages on their behalf. This option shall be available to Clients all over the world and not be limited by geographical location of neither a client nor a host, which shall afford any Client to have a reliable delivery point at any global destination of their choice.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, delivery destination, delivery dates, and number of packages or mail pieces. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous deliveries and saved Listings, Host requirements (e.g. minimum or maximum pieces of packages), and more.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Host’s price, applicable fees like Podmap’s service fee, package storage fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Podmaps, Inc via Podmap Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the use of address authorization confirmation, a contract for Host Services (a “Reservation”) is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Reservations. A Reservation is a limited license to use Host’s address for delivery of goods and mail. The Host retains the right to deny services If you abuse or misuse Host’s address for purposes other than those stated in your agreement between you and the Host. Host has the right to make impose storage fees if you fail to pick up your delivered goods and mail past the agreed window of pickup. Host has the right to return your unclaimed packages and mail back to carriers at your expense, in a manner consistent with applicable law. You may not exceed the maximum number of allowed packages.
2.4 Reservations for Other Host Services. By mutual agreement the Host may deliver your packages and mail directly to you at additional fees at a specified location and time agreed upon. You are responsible for confirming that you, or anyone on your behalf, can accept delivery. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to use the Host Service.
3.1 Cancellations, Delivery Issues, and Refunds. In general, if as a Client you cancel a Delivery, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience an Issue, you may be eligible for a partial or full refund under the Clients Refund Policy.
3.2 Booking Modifications. Clients and Hosts are responsible for any booking modifications they agree to make via the Podmap Platform and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you provide access to accept deliveries on your behalf, or other Host Service. You must act with integrity, treat others with respect, and always comply with applicable laws. If you send someone else to pick up your packages or mail who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Podmap Platform and any Content, including your visit to Host’s location, or use of any Host Service delivering directly to your location or mutually specified location, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to use those Host Services.
HOST TERMS
5.1 Host. As a Host, Podmap offers you the right to use the Podmap Platform to share your Address, Location, or other Host Service such as you delivering directly to your Clients, with our vibrant community of Clients – and earn money doing it. It’s easy to create a listing for your Place of Delivery (POD) and you are in control of your business – set your price, availability, and rules for each POD Listing.
5.2 Contracting with Clients. When you accept a booking of your address request, or receive a booking confirmation through the Podmap Platform, you are entering into a contract directly with the Client, and are responsible for delivering your Host Service under the terms and at the price specified in your POD Listing. You are also agreeing to pay applicable fees like Podmap’s service fee (and applicable taxes) for each booking. Podmap Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Clients must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with Podmap is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Podmap, except that Podmap Payments acts as a payment collection agent as described in the Payments Terms. Podmap does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
6.1 Creating and Managing Your POD Listing. The Podmap Platform provides tools that make it easy for you to set up and manage a POD Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like storage and personal delivery fees, and any rules or requirements that apply to your Clients or Listing. You are responsible for keeping your Listing information (including calendar availability) and content up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit use of your address for others who are not part of these condo or coop or building associations. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as delivery or storage services). Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Clients and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the Podmap Platform depends on a variety of factors, including these main parameters:
Search results may appear different on our mobile application than they appear on our website. Podmap may allow Hosts to promote their POD Listings in search or elsewhere on the Podmap Platform by paying an additional fee.
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your POD Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Podmap Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Clients to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Podmap Platform in violation of our Off-Platform Policy.
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Podmap to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Podmap Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Podmap Platform and any laws, rules, regulations, or obligations that may be applicable to your POD Listings or Host Services and that you are not relying upon any statement of law made by Podmaps, Inc.
7.1 Cancellations and Delivery Issues. In general, a Client has the right to cancel a Reservation before their package arrives, in other words, Client may request use of your services but may not come through with their business. In this case, you as a Host may require a certain fee paid to you regardless of the outcome, but such practice is strongly discouraged by Podmap. As a host, you should not cancel on a Client without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Client without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Client experiences a Delivery Issue (as defined by the Client Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Client, and by any other reasonable costs we incur because of the cancellation. If a Client receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Podmap exceeds your payout, Podmap (via Podmap Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Podmap’s Client Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Clients. If we reasonably expect to provide a refund to a Client under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
7.2 Booking Modifications. Hosts and Clients are responsible for any Booking Modifications they agree to make via the Podmap Platform agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes. As a host, you are solely responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“). Podmaps may not collect any taxes on your behalf.
8.2 Collection and Remittance by Podmap. Podmap may not collect any applicable taxes on behalf of Members
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you. You agree that Podmap may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Clients, and/or their organizations.
General Terms
After each Host Service, Clients and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Podmap for accuracy and may be incorrect or misleading.
Parts of the Podmap Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Podmap a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Podmap pays for the creation of Content or facilitates its creation, Podmap may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Podmap the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Podmap may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Podmap does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Podmap may charge fees (and applicable Taxes) to Hosts and Clients for the right to use the Podmap Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Podmap Platform, service fees are non-refundable. Podmap reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Podmap. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Podmap. If you reported an issue to local authorities, Podmap may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Podmap Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13.1 Term. The agreement between you and Podmap reflected by these Terms is effective when you access the Podmap Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Podmap may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Podmap may also terminate this agreement immediately and without notice and stop providing access to the Podmap Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Podmap, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Podmap believes it is reasonably necessary to protect Podmap, its Members, or third parties; Podmap may, with or without prior notice:
For minor violations or where otherwise appropriate as Podmap determines in its sole discretion, you will be given notice of any intended measure by Podmap and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Client, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Podmap may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Podmap account, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you terminate your account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Podmap Platform has been limited, or your Podmap account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Podmap Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
Podmap may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Podmap Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Podmap Platform will constitute acceptance of the revised Terms.
If a Member provides valid evidence that you, your Client(s), or your pet(s) damaged the complaining Member’s personal property, including consequential damages, (“Damage Claim“), the complaining Member can notify Podmap and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Podmap and Podmap determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Podmap via Podmap Payments can collect the amount of the Damage Claim from you. You agree that Podmap may seek to recover from you under any insurance policies you maintain and that Podmap may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Podmap requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Podmap, we do not and cannot control the conduct of Clients and Hosts. You acknowledge that Podmap has the right, but does not have any obligation, to monitor the use of the Podmap Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Podmap Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Podmap administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Podmap in good faith, and to provide Podmap with such information and take such actions as may be reasonably requested by Podmap with respect to any investigation undertaken by Podmap regarding the use or abuse of the Podmap Platform. Podmap is not acting as an agent for any Member except for where Podmap Payments acts as a collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the Podmap Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Podmap Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Podmap if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the Podmap Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Podmap Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Podmap has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Neither Podmap (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Podmap Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Podmap Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Podmap Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Podmap has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Podmap Host Damage Protection, in no event will Podmap’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Podmap Platform, any Content, or any Host Service, exceed: (A) to Clients, the amount you paid as a Client during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, ten U.S. dollars (US$10).
These limitations of liability and damages are fundamental elements of the agreement between you and Podmap. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Podmap’s option), indemnify, and hold Podmap (including Podmap Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our
Additional Legal Terms, Policies or Standards, (ii) your improper use of the Podmap Platform, (iii) your interaction with any Member, participation in any Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
Based on your country of residence or establishment and what you are doing on the Podmap Platform, Schedule 1 below sets out the Podmap entity with whom you are contracting. If we identify through the Podmap Platform, an Podmap entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Podmap entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Podmap company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in New York, NY, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York, NY.
23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Podmap in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process. Podmap is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Podmap’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Podmap each retain the right to seek relief in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Podmap each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Podmap by mailing it to Podmap’s agent for service: Podmaps, Inc at 353 West 48th Street, 4th Fl, unit 224, New York, NY 10036. Podmap will send its notice of dispute to the email address associated with your Podmap account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
23.4 Agreement to Arbitrate. You and Podmap mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Podmap Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Podmap agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement. You and Podmap each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Podmap Platform or Host Services. You and Podmap agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
23.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Podmap agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in New York County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
23.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver. You and Podmap acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings. You and Podmap acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate. If Podmap changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Podmap (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Podmap.
23.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Podmap Platform or terminate your Podmap account.
24.1 China Domestic Transactions. If you reside or have your place of establishment in China, and are contracting with Podmap China, these Terms and this Section 24.1 are governed by the laws of the People’s Republic of China. In this situation, any dispute arising from or in connection with these Terms or use of the Podmap Platform shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English.
24.2 Cross-border Transactions. If you reside or have your place of establishment in China, and are contracting with Podmap, Inc., these Terms and this Section 24.2 are governed by the laws of Singapore. In this situation, any dispute arising out of or in connection with these Terms or use of the Podmap Platform, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
24.3 Without Limitation Provisions. The above Sections 24.1 and 24.2 are expressed to be without regard to conflict of laws provisions and shall not be construed to limit any rights which Podmap may have to apply to any court of competent jurisdiction for any order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of Singapore, the People’s Republic of China, or any other laws that may apply to you.
27.1 Other Terms Incorporated by Reference: Client Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Podmap Platform, are incorporated by reference, and form part of your agreement with Podmap.
27.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Podmap and you pertaining to your access to or use of the Podmap Platform and supersede any and all prior oral or written understandings or agreements between Podmap and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Podmap. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
27.3 No Waiver. Podmap’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
27.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Podmap’s prior written consent. Podmap may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
27.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Podmap via email, Podmap Platform notification, messaging service, or any other contact method we enable and you provide.
27.6 Third-Party Services. The Podmap Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Podmap is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
27.7 Google Terms. Some translations on the Podmap Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Podmap Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
27.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
27.9 Podmap Platform Content. Content made available through the Podmap Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Podmap and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Podmap Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Podmap grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Podmap Platform and accessible to you, solely for your personal and non-commercial use.
27.10 Force Majeure. Podmap shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
27.12 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Podmap account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Podmap account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
