Agreement between User and www.pudofast.com
Welcome to www.pudofast.com. The www.pudofast.com website (the “Site”) is comprised of
various web pages operated by PUDO Technologies, Inc. (“PUDO FAST®“). www.pudofast.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of www.pudofast.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for
your reference.
www.pudofast.com is to sign up users to download the PUDO FAST® mobile application for
courier, express, parcel delivery, and services Site.
The website will be used to promote and inform the public about PUDO FAST® mobile application
to sign up users for courier, express, parcel deliveries.
– Users are customers requesting pick up and drop off delivery service, or services.
– Users are drivers, cyclists who will sign up as work-for-hire.
– Users are professionals of services, i.e. notary public who will sign up as work-for-hire.
– All users will download the PUDO FAST® mobile application to register for services and/or
work-for-hire.
The Terms and Conditions adopted in the website will also apply to the PUDO FAST® mobile
application.
Electronic Communications
Visiting www.pudofast.com or sending emails to PUDO FAST® constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications
be in writing.
Children Under Thirteen
PUDO FAST® does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.pudofast.com only
with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.pudofast.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of PUDO FAST® and PUDO FAST® is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. PUDO FAST® is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by PUDO FAST® of the site or anyassociation with its operators.
Certain services made available via www.pudofast.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.pudofast.com domain, you hereby acknowledge and consent that PUDO FAST® may share
such information and data with any third party with whom PUDO FAST® has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.pudofast.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.pudofast.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to PUDO FAST® that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of PUDO FAST® or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
PUDO FAST content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of PUDO FAST® and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of PUDO FAST® or our licensors except as expressly authorized by
these Terms.
International Users
The Service is controlled, operated and administered by PUDO FAST® from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the PUDO FAST® Content
accessed through www.pudofast.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless PUDO FAST®, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. PUDO FAST® 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 event you will
fully cooperate with PUDO FAST® in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator’s award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of these Terms and
Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive
the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A
PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you
and PUDO FAST® agree otherwise, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PUDO
TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/ORCHANGES IN THE SITE AT ANY TIME.
PUDO TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION
OF ANY KIND. PUDO TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
PUDO TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF PUDO TECHNOLOGIES, INC. OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
PUDO FAST® reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New York and you
hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and PUDO FAST® as a result of this agreement or use of the Site. PUDO FAST’s performanceof this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of PUDO FAST’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or information provided to
or gathered by PUDO FAST® with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall continue in
effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and PUDO FAST® with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
PUDO FAST® with respect to the Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
PUDO FAST reserves the right, in its sole discretion, to change the Terms under which
www.pudofast.com is offered. The most current version of the Terms will supersede all previous
versions. PUDO FAST® encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
PUDO FAST® welcomes your questions or comments regarding the Terms:
PUDO FAST® Technologies, Inc.
℅ Phillis Robinson
PO Box 340704
Brooklyn, New York 11234
Email Address:
phillis@pudotechnologies.com
Telephone number:
+1 844 757-5200
Effective as of April 01, 2023