If you are under the age of 18, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the App and the Company Services, and your parent or legal guardian must read and agree to these Terms prior to your using the App and the Company Services.
The App is owned and operated by Company. Company reserves the right to modify or discontinue, temporarily or permanently, and at any time, the App and/or the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
Company may modify these Terms from time to time, and any change to these Terms will be reflected on the App (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the App or the Company Services. Company may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, Company may make corrections to typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information at any time, without prior notice.
The App and the Company Services
The DryveBox App is a mobile applications for facilitating rental of trailers and equipment for golf and entertainment services; scheduling and payment for the use of trailers and equipment for golf and entertainment services; applications for record keeping and logging of golf activities and/or work hours associated with the use of the trailer and equipment within, including video recordings, digital equipment data, user profile, and contacts and other related services (the “Company Services”). Any reference to “user” in these Terms shall refer collectively, as applicable, to any user who signs up to the Company Services (each, a “Customer”). These Terms govern the relationship between and among the Customer and Company and describe the various roles and responsibilities of each party. In certain instances the Company 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 Company in a separate written agreement with you, the Company Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE COMPANY SERVICES DOES NOT ESTABLISH COMPANY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
You understand that use of the Company Services may result in charges to you for the services you receive ("Charges"). Company will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Company 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 Company using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Company.
As between you and Company, Company reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Company Services at any time in Company's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may differ. Company 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. Company 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 obtained through the use of the Company 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 Company Services or the Charges applied to you. Company 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 Company 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 providers. In such cases, you retain the right to request lower Charges from a third party providers for services received by you from such third party providers at the time you receive such services, and Charges you incur will be owed to the third party provider. Company will respond accordingly to any request from a third party providers 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 obtained in connection with your use of the Company Services. In all other cases, Charges you incur will be owed and paid directly to Company or its affiliates, where Company is solely liable for any obligations to third party providers. In such cases, you retain the right to request lower Charges from Company for services received by you from a third party provider at the time you receive such services, and Company will respond accordingly to any request from you to modify the Charges for a particular service. Any representation by Company (on Company's website, in the App, or in Company's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that Company 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 obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Company 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 Company in Company's reasonable discretion, Company 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 items, will be transferred by Company to a third party provider, if applicable, and are non-refundable.
Company takes customer satisfaction very seriously. A Customer should contact us if they have any problems with the Company Services. In appropriate cases, if a Customer has already been billed by Company, Company may issue full or partial refunds or credits.
By using the App and/or the Company Services, the user represents, warrants, and covenants that:
All registration information the user submits is truthful and accurate, and that the user will maintain the accuracy of such information;
The user will keep his or her password confidential and will be responsible for all use of the User’s password and account;
The user is not a minor in the jurisdiction in which he or she resides, or if the user is a minor, that the User is above the age of 13 and has received the permission of the user’s parents or legal guardian to use the App and the Company Services; and
The user’s use of the App and the Company Services does not violate any applicable law.
The App and the Company Services allow users to interact with other users by uploading content to the Company Service, including reviews, comments, photos, images and other types of works (“Additions”). Users retain copyright and any other proprietary rights that he or she may hold in the Additions that a user posts to the Company Service.
Each user is entirely responsible for the content of, and any harm resulting from, their use of and uploading of their Additions. When a user publishes or posts an Addition, the user thereby represents and warrants that:
the creation, distribution, transmission, public display and performance, accessing, downloading and copying of such user’s Addition does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
such user is the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company, the App, and the Company Services, and all uses thereof, to use the Additions as necessary to exercise the licenses granted by such user under these Terms;
the Addition is not (in all cases as determined by Company in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
the Addition does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on Company’s or others’ computers or equipment, including any computer code designed to enable such user or others to gather information about or monitor the activities of another party;
the Addition does not inundate the App with communications or other traffic suggesting no serious intent to use the App for its stated purpose;
the Addition does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
the Addition does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Company in its sole and absolute discretion.
By posting Additions, such user automatically grants, and represents and warrants that such user has the right to grant, to Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Additions for any purpose, commercial, advertising, or otherwise, on or in connection with the App, the Company Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Additions, and to grant and authorize sublicenses of the foregoing.
Company has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Additions, (ii) re-categorize any Additions to place them in more appropriate locations, or (iii) pre-screen or delete any Additions that are determined to be inappropriate or otherwise in violation of these Terms.
Company may accept, reject, or remove any Additions, but Company has absolutely no obligation to screen or delete Additions, even if someone considers a particular Addition to be objectionable or inaccurate.
In addition to the rights granted by each user with respect to their Additions, each user acknowledges and agrees that all questions, comments, suggestions, ideas, feedback or other information regarding the App and/or the Company Services provided by such user to or via Company, the App, or the Company Services are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to such user.
The App and the Company Services are for personal, noncommercial use only (unless specifically endorse or approved by Company). Additionally, the following uses and activities of and with respect to Company, including the App and the Company Services, are prohibited:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Company;
systematic retrieval of data or other content from the App or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
engaging in unauthorized framing of or linking to the App or the Company Services;
transmitting chain letters or junk email;
using any information obtained from the App or the Company Services in order to contact, advertise to, solicit, or sell to any user;
engaging in any automated use of the App or the Company Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
interfering with, disrupting, or creating an undue burden on the App or the Company Services or the networks or services connected or linked thereto;
attempting to impersonate another user or person;
using the username of another user;
selling or otherwise transferring a user’s profile;
using any information obtained from the App or the Company Services in order to harass, abuse, or harm another person;
using the App or the Company Service as part of any effort to compete with Company, the App, or the Company Service or to provide services as a service bureau;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the App or the Company Services;
attempting to bypass any measures of the App or the Company Services designed to prevent or restrict access to the App or the Company Services, or any portion of the App or the Company Services;
harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services;
displaying an advertisement, or accepting payment or anything of value from a third person in exchange for a user performing any commercial activity on or through the App or the Company Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
deleting the copyright or other proprietary rights notice from any Addition or any portion of the App or the Company Services (including any content therein and thereof); and
using the App and/or the Company Services in any manner inconsistent with any and all applicable laws and regulations.
As between any user and Company, all of the content included in and as a part of the App and the Company Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Company Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company reserves all rights in and to the App, the Company Services, and the Company Content and Marks. Subject to a user’s agreement to, compliance with, and except as otherwise prohibited by, these Terms, such user is hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App and the Company Services; the license granted hereby does not include any resale or commercial use of the App, the Company Services, or the Company Content. If a user downloads or prints a copy of the Company Content for personal use in accordance with the limited license granted herein, the user must retain all copyright and other proprietary notices contained therein. User agrees not to circumvent, disable or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the App or the Company Content therein.
The App and the Company Services may contain, or a user may be sent through the App or the Company Service to, links to other websites (“Third Party Apps”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Apps and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Company (including the App and the Company Services), and Company (including the App and the Company Services) are not responsible for any Third Party Apps accessed through the App or any Third Party Content posted on, available through or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Apps or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party App or any Third Party Content does not imply approval or endorsement thereof by us. If a user decides to access the Third Party Apps, utilize the services of any third party or to use or install any Third Party Content, such user does so at their own risk and such user agrees that Company (including the App and the Company Services) shall have no responsibility with respect thereto. Users should review the applicable terms and policies, including privacy and data gathering practices, of any website to which a user navigates from the App or through the use of the Company Services or as may otherwise relate to any applications that a user may use or install from the App or through the Company Services. Any purchases a user makes through Third Party Apps will be through and from the applicable third party, and Company (including the App and the Company Services) takes no responsibility whatsoever in relation to such purchases, which user agrees are exclusively between such user and the applicable third party.
Company reserves the right but does not have the obligation to:
monitor the App and the Company Services for violations of these Terms;
take appropriate legal action against anyone who, in Company’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
in Company’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Addition or any portion thereof that may violate these Terms or any applicable policy of Company, the App, and/or the Company Services;
in Company’s sole and absolute discretion, remove from the App or the Company Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the App’s or the Company Services’ systems; and
otherwise manage the App in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the App and the Company Services.
Users may be able to access the Company Services through their mobile device or cellphone. Company may send a Customer a text message. Please be aware that data and messaging rates may apply depending on a Customer’s carrier and phone service. Customers should be sure to check data and messaging plans to understand any relevant costs incurred by his or her use of the Company Services. Company is not responsible for any fees charged by a Customer’s data or cellphone carrier.
Each user hereby consents to receive text messages from or on behalf of Company as a part of the Company Services at the cell phone number(s) provided by a user to Company. Each user also agrees that such text messages may be generated using an automatic telephone dialing system. A user should must us immediately if the cell phone number(s) such user has provided to Company are changed or disconnected.
These Terms shall remain in full force and effect while a user uses the App or the Company Services. A Customer may terminate his or her use or participation at any time, for any reason, by either ceasing to use the App and the Company Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE A USER’S USE OR PARTICIPATION IN THE APP AND THE COMPANY SERVICES, DELETE A USER’S PROFILE AND ANY CONTENT OR INFORMATION THAT A USER HAS POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE AND ABSOLUTE DISCRETION.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, each user and Company agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any dispute.
If there is a dispute between users of the App, or between users and any third party, each user understands and agrees that Company (including the App and the Company Services) is under no obligation to become involved. In the event of any such dispute between and among Customers or other third parties, each such user hereby releases Company (including the App and the Company Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
In the interest of resolving disputes between any users and Company in the most expedient and cost effective manner, each user and Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. EACH USER UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THESE TERMS, SUCH USER AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the paragraph directly above, each user and Company agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between any user and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA located in Suffolk County, Massachusetts.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if Company does not have a physical address on file for such user, by electronic mail ("Notice"). Company's address for Notice is: Company, 850 New Burton Road, Suite 201, County of Kent, Dover, Delaware 19904. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). Company agrees to use good faith efforts to resolve the claim directly, but if an agreement is not reached within 30 days after the Notice is received, either the user or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by a user or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
EACH USER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless such user and Company 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.
If Company makes any future change to this arbitration provision (other than a change to Company's address for Notice), a user may reject the change by sending Company written notice within thirty (30) days of the change to Company's address for Notice, in which case such user’s account with Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments such user rejects will survive.
If the paragraph above regarding class or representative proceedings is found to be unenforceable or if the entirety of this Disputes Section is found to be unenforceable, then the entirety of this Disputes Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Governing Law Section will govern any action arising out of or related to these Terms.
Company cannot control the nature of all of the content available on the App or through the Company Services. By operating the App and providing the Company Services, Company does not represent or imply that Company endorses any third party, Additions, or any other content or products available on or linked to by the App or through the Company Services, or that Company believes any products, Additions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content a user may encounter on the App or through the Company Services or in connection with other third parties.
EACH USER AGREES THAT THEIR USE OF THE APP AND COMPANY SERVICES WILL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND COMPANY SERVICES AND A USER’S USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM A USER’S ACCESS TO AND USE OF OUR APP AND COMPANY SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR THROUGH THE COMPANY SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE APP OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN A USER AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, SUCH USER SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM A USER’S USE OF THE APP OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO ANY USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES FOR A USER, BE LIMITED TO THE AMOUNT PAID BY USER TO COMPANY FOR ORDER PLACED BY SUCH USER THROUGH THE COMPANY SERVICES WHICH IS THE SUBJECT MATTER OF SUCH CLAIM.
THE COMPANY SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Each user agrees to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the “Company Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of their Additions, their use of the App, use of Company Services, or obligations to provide services under the App and/or Company Services to a third party, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of their representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, Company reserves the right, at such user’s expense, to assume the exclusive defense and control of any matter for which such user is required to indemnify a Company Indemnitee, and such user agrees to cooperate, at their expense, with Company’s defense of such claims. Company will use reasonable efforts to notify such user of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If at any time, Company offers gift cards, the following terms shall apply: (1) gift cards cannot be combined with cash, (2) gift cards are redeemable only with online payments; (3) gift cards are not redeemable for cash, (4) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent of the remaining gift card balance appears in Company’s records, (5) gift cards are not a credit or debit card, (6) there are no expiration dates and no fees for purchased gift cards, and (7) expiration dates or other terms may apply to promotional or service credit gift cards not purchased directly by a consumer.
These Terms constitutes the entire agreement between each user with each other user and Company regarding the App and the Company Services. The failure of Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and each user’s account and/or relationship with Company may not be assigned by such user without Company’s express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the App or the Company Services, or to receive further information regarding the Company Services, please contact Company as set forth below:
Tel: (510) 269-4355