Effective Date: January 26, 2018
Welcome to the Terms of Service (“Terms”) of PkgSpot, Inc. (“PkgSpot”, “we”, “our” or “us”).
If you agree to these Terms on behalf of another party, including a business, you represent and warrant that you have valid authority to bind that party to these Terms, and your agreement to these terms will be treated as the agreement of that other party. In that event, “you” and “your” refer herein to that other party, and also to your personal use of our website, mobile applications and services.
Our services are designed to provide individuals (“Customers”) with safe and convenient delivery options by enabling them to have packages delivered to one of our partner companies (“Partner Companies”), who then accept delivery and facilitate pick-up of Customers’ packages. (we refer to this herein as our “Delivery Service”)
In addition to our website, http://pkgspot.com/ (our “Site”), which provides information about us and our Delivery Service, we offer several mobile applications, including a mobile application that allows Customers to utilize our Delivery Service (our “Delivery App”) and a mobile application that Partner Companies and individuals representing Partner Companies (collectively, our “Partners”) use to accept deliveries and facilitate pickups by Customers (our “Partner App”). (We use the term “Apps” to refer collectively herein to the Delivery App and the Partner App)
Anyone can visit our Site and download and use our Apps. However, you must create an account with us (“Account”) and log into that Account in order to use most of the features of our Apps and to use our Delivery Service.
You can create a Customer Account through our Delivery App if you: (a) agree to be bound by these Terms, (b) are at least 18 years of age (if you are an individual), and (c) submit certain information, including personally identifiable information, to us through the Delivery App as prompted by the Customer Account registration page.
Once you have created a Customer Account through our Delivery App, we will provide you with a unique Customer ID number that will be used on packages you have delivered through our Delivery Service. We use the cell phone number you provide to us when you create your Customer Account to notify you when your packages have been delivered, and we use the payment information you provide to us when you create your Customer Account to bill you for using our Delivery Service (in accordance with the “Charges and Compensation” section of these Terms).
Our Delivery App allows you to view and update certain information associated with your Account, including your email address, payment information (e.g., credit card information), cell phone number and your zip code. You can also review certain information about your use of our Delivery Service, including a list of all packages delivered through our Delivery Service to your unique Customer ID number, the dates and times your packages were delivered to our Partner Companies, the times and dates that you or the intended recipient picked up your packages and a summary of your billing history.
You are responsible for all activity that occurs through your Account. You agree to maintain the security and secrecy of your Account’s username and password.
Partner Company Accounts
You can apply to become a Partner Company by creating a Partner Company Account through our Delivery App if you: (a) agree to be bound by these Terms, (b) are at least 18 years of age (if you are an individual), and (c) submit certain information, including information about your company and payment information (to receive payments from us), to us through our Partner App as prompted by the Partner Company Account registration page. Once you apply to become a Partner Company, we will review the information you provide, and you will go through our vetting process. We will create a Partner Company Account for you also, but it will not be activated unless and until we accept your application.
At the end of the vetting process, which generally takes several days, we will accept or reject your application to become a Partner Company in our sole discretion. If we accept your application, we will activate your Partner Company Account, request additional information from you about your company, and require you to complete and return to us a W9 with your company’s tax ID number. Additionally, we will send you a “Pricing Agreement”, which outlines the terms of the rates and terms of the payments that we will owe you as compensation for every Customer package that you receive, process and release to the correct Customer (your “Compensation”) and the means by which you will receive your Compensation. Once we have the additional information and you have accepted the Pricing Agreement, we will allow you to create a Partner Company Account through our Partner App.
Each Partner Company shall have a single Partner Company Account per physical location, and all of a Partner Company’s Partners at that location shall use that same Partner Company Account. Our Partner App allows you to view and update certain information associated with your Partner Company Account, including the name of your company, your company’s physical and email addresses, your company’s phone number and hours of operation and a personal marketing message that will be sent to Customers whose packages you receive and process. You can also review certain information about your Partner Company Account’s use of our Delivery Service, including a list of all packages delivered to you through our Delivery Service, the date and time each package was processed by you, the time and date that the Customer picked up each package and a summary of payments made to you by us.
You are responsible for all activity that occurs through your Partner Company Account, including the actions of your Partners. You agree to maintain the security and secrecy of your Partner Company Account’s username and password.
YOUR USE OF OUR APPS AND OUR DELIVERY SERVICE
Subject to, and conditioned upon, your compliance with the terms and conditions set forth in these Terms, including the restrictions on your use of our Apps, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to visit our Site and download, install and use our Delivery App for your personal, non-commercial use.
Additionally, if you are a Partner Company, we grant you and your Partners a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install and use our Partner App to receive packages for Customers, image those packages upon receipt and facilitate pickup of those packages by their intended recipients.
Use of our Delivery Service by Customers
If you are a Customer, you initiate use of our Delivery Service by shipping a package addressed to your name and the address of one of our Partner Companies in place of yours with your unique Customer ID number in between the street number and city lines of the Partner Company. You will then be notified when our Partner Company receives and processes your package. The notification will be sent to you by text message to the telephone number you provided when you created your Customer Account.
You acknowledge that you must pick up your packages within fourteen (14) days after you receive notification that they have been delivered.
PLEASE NOTE THAT WE HAVE RESTRICTIONS ON THE SIZE AND WEIGHT OF PACKAGES YOU CAN SEND, AND ITEMS YOU CAN SEND, THROUGH OUR DELIVERY SERVICE.
You cannot use the Delivery Service to send packages that are:
- Over forty (40) pounds in weight;
- Over one hundred thirty (130) inches in length and girth (combined); or
- Over fifty (50) inches in length.
Additionally, you shall not use the Delivery Service to send the following items (“Prohibited Items”):
- cash and currency in excess of $10,000 USD per shipment;
- animals (live or dead);
- human corpses, human body parts or cremated or disinterred human remains;
- shipments that require obtaining a local, state or federal license for their transportation;
- items resembling a bomb, hand grenade or other explosive device;
- lottery tickets and gambling devices where prohibited by law;
- waste or garbage for disposal, including without limitation hazardous waste;
- packages that are wet, leaking or emit an odor of any kind;
- shipments or commodities that are prohibited by applicable local, state or federal law;
- tobacco and tobacco products, including without limitation cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha;
- marijuana, as defined by U.S. federal law, 21 U.S.C. 802(16);
- dry ice and biological substance; and
If you send a package that exceeds the limits above or contains Prohibited Items, the Partner Company may refuse delivery of such package. In no event will we be liable to you or any other party for the delay of, loss of or damage to a shipment of any Prohibited Item.
Any such packages that are refused by our Partner Company, that are otherwise undeliverable or that are not picked up by you within fourteen (14) days after you have been notified of delivery may be returned to the sender at your expense, including without limitation forwarding costs and delivery fees, duties and taxes.
Use of our Partner App by Partners
If you are a Partner, you agree to: (a) accept packages on behalf of Customers when they are delivered, (b) input the unique Customer ID number and image the shipping label of each package directed to a unique Customer ID number through our Partner App, and (c) only release a Customer package to a someone who provides you with the correct QR code or seven-digit verification code for the package.
When you input a unique Customer ID number and image of the shipping label of a Customer’s package through our Partner App, an automated message will be sent to the Customer associated with that unique Customer ID number via text message. This automated message will inform the Customer that his or her package has been delivered to the Partner Company, and it will also include a one-time marketing message from you, along with a unique, one-time security confirmation code to confirm Customer’s identity and ensure packages are safe until pickup. The content of your marketing message is automatically pulled from your Partner Company Account, and you can change it through our Partner App.
If you are a Partner, you also agree not to:
- lose, open, damage or otherwise tamper with a Customer’s package;
- release a package to anyone who does not provide the correct QR code or seven-digit verification code;
- share, copy or use information about a Customer received through the Partner App except as needed to facilitate delivery of the Customer’s package; or
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available our Partner App to any third party.
General Restrictions on Use
Regardless of how you use our Site, our Apps or our Delivery Service, you shall not, and shall not permit others to:
- use our Apps or our Delivery Service for any unlawful purpose;
- provide untruthful or inaccurate information in connection with your Account;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including to try to collect a package that is not yours from a Partner;
- modify, translate, adapt, copy or reproduce or otherwise create derivative works of our Apps;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of our Apps or our list of Customers;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from or contained on our Apps, including any copy thereof;
- upload, transmit or distribute to or through our Site or our Apps any content or material that is harassing, abusive, tortious, threatening, invasive of another’s privacy, vulgar, defamatory, intentionally misleading, trade libelous or is otherwise objectionable;
- upload, transmit or distribute to or through our Site or our Apps any computer viruses or any software intended to damage or alter a computer system or data; or
- use software or automated agents or scripts to generate automated searches, requests or queries to, or strip, scrape, or mine data from, our Site for any purpose other than indexing our Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials on our Site, but not caches or archives of such materials).
We reserve the right to delete or deactivate your Account and deny you access to all or part of our Apps and our Delivery Service if we believe that you have violated or will violate these Terms.
CHARGES AND COMPENSATION
If you are a Customer, you understand that your use of our Delivery Service will result in charges to you (“Charges”). We charge you a flat fee of $2.99 for every package that is delivered to a Partner Company with your unique Customer ID number as the recipient using our Delivery Service.
Additionally, we will charge you an extra fee of $3.00 if you do not pick up your package(s) within three (3) days after your package(s) have been delivered to our Partner Company, and we will charge an additional fee of $3.00 every week thereafter until you pick up your package(s).
We may change the rate of our Charges, including the flat fee per delivery and the late pickup fee, at any time in our sole discretion.
All Charges are due immediately when you pick up a package from our Partner Company. We will use your payment information designated in your Customer Account to process your payment of Charges, after which you will be able to view all information about your completed deliveries through the “Billing” section of your Customer Account. If your payment method has expired, is invalid or is otherwise not able to be charged, you agree that we may place your Customer Account on hold, and you may not use our Delivery Service until you pay all Charges due. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by us.
If Charges are not successfully settled, whether or not you edit your payment method information or cancel your Customer Account, you nonetheless will remain responsible for any uncollected Charges, and you authorize us to continue billing your payment method, as it may be updated, including in the event you attempt to create a new Account.
As between you and us, we reserve the right to change, waive and/or revise Charges for any use of the Delivery Service at any time in our sole discretion.
Partner Company Compensation
If you are a Partner Company, we will pay you Compensation through our Partner App, all in accordance with the terms of your Pricing Agreement. The Compensation per package shall be as stated in your Pricing Agreement. Unless your Pricing Agreement expressly says otherwise, we may change the rate of the Compensation per package at any time in our sole discretion.
We will use commercially reasonable efforts to transmit Compensation to you no later than seven (7) days after the last calendar day of each month, with each transmission containing all Compensation that accrued in the immediately preceding calendar month. You are responsible for any applicable processing fees associated with such payment of Compensation.
Alternative Payment Structures
Nothing in these Terms is intended to limit our ability to mutually agree with Customers and Partner Companies to a payment structure different than that described herein, including payment structures that involve our e-commerce partners.
CLAIMS FOR LOST OR DAMAGED PACKAGES
If you are a Customer and you believe that your package was lost or damaged after it was delivered to one of our Partner Companies, you must send us a “Claim” by email to firstname.lastname@example.org within thirty (30) days after you picked up the package (the “Warranty Period”) with a Subject that reads “CLAIM FOR LOST/DAMAGED PACKAGE” and that includes the following information:
- Your first and last name and unique Customer ID number;
- The confirmation text message you received notifying you that your package was ready for pickup;
- A screenshot from our Delivery App showing the details of the package in question, including when you picked it up, the Partner Company that received it, the Charges associated with the delivery;
- A description of the problem with the package, including whether it was lost or damaged;
- A description of your property that was in the package, including pictures of any damage, make and model of any electronic equipment and other information you think would be helpful;
- Your estimate of the cost to replace lost property and the cost to repair any damage to your property (each, your “Claim Amount”), along with any justification for your Claim Amount.
You agree that if you do not file a valid Claim within the Warranty Period, you forever waive any claim or right to damages, refunds, credits and any legal or equitable relief from us whatsoever, and any Claim that you submit will not be processed by us or paid.
We will use reasonable efforts to investigate your Claim upon receipt to determine whether you are eligible for a payment to compensate you for loss or damage to your property caused by us or our Partner Company (a “Claim Payment”), and if so the amount of the Claim Payment. You hereby agree to cooperate with us in such investigation and to provide us with any additional information that we deem necessary to confirm the value of your lost or damaged property, the extent of damage to your property and the value of your Claim Amount, including without limitation: any insurance you purchased from the carrier of the package, a sales receipt confirming the original value of your lost or damaged property, pictures and a description of damage to your property that proves the extent of the damage to your property and an estimate of the repair costs from a reputable dealer. If your file a Claim for a lost package, we may obtain from the Partner Company that received your package involved a certified statement in writing that the package was delivered but not released, and we may require that you file a police report and providing a copy of the filed report to us to verify loss. We may also require that you send your damaged property to us or one of our Partner Companies for inspection, in which case we will pay for the cost of return shipment.
You agree that your cooperation is necessary to confirm the Claim Amount, and that your failure to provide any additional information we request or ship you damaged property to us within thirty (30) days after our request shall be deemed a withdrawal of your Claim.
What is Not Covered
You acknowledge that we do not handle the physical processing and delivery of packages, and shipping carriers themselves are ultimately responsible when packages are delayed, damaged or lost prior to delivery to our Partner Company. If you experience any of these issues with a package, you must contact the carrier of the package directly with any claims. You also acknowledge that damaged property may have been damaged upon delivery, and in the event it cannot be show that damage to your property occurred after delivery to our Partner Company, you agree that the damage shall be deemed to have occurred prior to delivery to our Partner Company. You hereby waive any claims and actions against us for such losses or damages.
Additionally, you are not entitled to a Claim Payment if we determine that:
- You picked up a package that your Claim says was lost;
- Your property was not damaged;
- Your property was damaged after you picked it up from our Partner Company; or
- The cause of the loss or damage to your property includes improper packing of your property, including without limitation use of improper packing materials.
If we determine, after investigation, that (1) your property was lost or damaged after delivery to our Partner Company and (2) your Claim is eligible for a Claim Payment, we will pay a Claim Payment of the lesser of the cost to replace and the cost to repair, not to exceed the lesser of the Claim Amount and $100. You acknowledge that the Claim Payment may differ from the Claim Amount, depending on the findings of our investigation. If you have not returned your Claim Payment within thirty (30) days of it being sent, you accept such Claim Payment as settlement of any and all claims you may have against us in connection with your lost or damaged package. You acknowledge that Claim Payments are your sole and exclusive remedy lost or damaged packages.
You may not deduct Claim Amounts of pending Claims from any Charges that you owe to us, and you waive any and all rights to set off the amount of any claim against charges owed to us.
Partner Company Indemnification
If you are a Partner Company, you agree to indemnify us for any and all Claim Payments made to Customers that are attributable to the loss of and/or damage to Customer packages that we determine in our reasonable discretion were lost or damaged as a result of your or your Partner’s gross negligence, recklessness or intentional act or omission, including without limitation any theft, opening of or tampering with a Customer’s package.
INTELLECTUAL PROPERTY RIGHTS
Subject only to the express license we grant you in these Terms, as between you and us, we own all right, title and interest in all original content, features and functionality found on, provided by or embodied in our Site and our Apps, including without limitation any software, computer code (including source code or object code), copyright-protected works, trademarks, trade dress, service marks, logos, visual interfaces, graphics, design, compilation, information, data, sound files, other files and the selection and arrangement thereof (“Our Content”). Our Content is protected by copyright, trademark, and other intellectual property and related laws of both the United States and foreign countries. You may not distribute, modify, transmit, reuse, download, repost, copy or use Our Content, whether in whole or in part, outside the scope of the express license grant provided to you in these Terms.
We reserve all rights to Our Content not expressly granted in these Terms. You acknowledge and agree that our Site and our Apps are provided under license, and not sold, to you. You do not acquire any ownership interest in our Apps under these Terms.
As between you and us, you are the exclusive owner of the content and information that you submit or post through our Apps, including your Account, your logo or other trademarks if you are a Partner Company, and any messages sent in connection with our Delivery Service (collectively, “Your Content”); provided, however, that you grant us (and those we work with, including third-party service providers) a worldwide, perpetual, irrevocable, transferrable, sublicensable license to use, host, store, reproduce, modify and create derivative works of Your Content.
When you submit Your Content, you represent and warrant to us that Your Content is accurate and truthful, is your original creation or that you otherwise have the right to provide Your Content, that you have the rights necessary to grant the foregoing license to Your Content and that our use of Your Content as permitted by the foregoing license does not and will not infringe or misappropriate the intellectual property or moral rights of any person.
We are not responsible for the accuracy, appropriateness or legality of Your Content. You acknowledge that we have no obligation to monitor any of Your Content. You bear sole responsibility for adequate security, protection and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content or any corruption, deletion, destruction or loss of any of Your Content.
THIRD PARTY CONTENT
Our Site and our Apps may contain links to third-party websites and services, and third parties may allow you to use their websites or applications to deliver goods through our Delivery Service. We are not responsible for any third party websites, applications or services (“Third Party Content”), and we do not approve, monitor, endorse, warrant or make any representations with respect to Third Party Content. You use all Third Party Content at your own risk and should apply a suitable level of caution, diligence and discretion in doing so. When you click on any links to Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and information gathering practices.
If you have a question about the status of any packages shipped through our Delivery Service, please email us at: info@PkgSpot.com.
We appreciate hearing from you and welcomes your comments about our Site, our Apps and our Delivery Service, including whether you like them, what is most useful, any malfunctions, downtime, inappropriate content or complaints (collectively, “Feedback”). You can submit Feedback to us by emailing us at: info@PkgSpot.com. Any Feedback you submit shall be Your Content.
TERM AND TERMINATION
We reserve the right to modify, suspend or terminate our Site, our Apps and our Delivery Service at any time in its sole discretion. Additionally, we may terminate, suspend or deactivate your Account or prohibit you from using our Delivery Service for any reason, without notice, at any time and without liability to you. If your Account is terminated or deactivated, all licenses and other rights granted to you in these Terms shall immediately cease.
UPDATES AND SUPPORT
We may, from time to time and in our sole discretion, develop and provide updates to our Site, our Apps and our Delivery Service, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety current features and functionality. You agree that all Updates will be deemed part of our Site, our Apps and our Delivery Service and shall be subject to these Terms.
Notwithstanding the above paragraph, you acknowledge and agree that we have no obligation to: (a) provide you with technical support, (b) provide any Updates, or (c) continue to provide or enable any features or functionality of our Site, our Apps or our Delivery Service.
WARRANTIES; DISCLAIMER OF WARRANTIES
Your Representations and Warranties
You represent and warrant to us that: (a) all of the required Account information you submit is truthful and accurate, and you will maintain the accuracy of such information; (b) you have full power and authority to enter into these Terms; and (c) Your Content and your use of our Site, our Apps and our Delivery Service does not and shall not violate any laws or infringe or misappropriate any third party’s intellectual property rights.
Disclaimer of Warranties
OUR SITE, OUR APPS AND OUR DELIVERY SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE DO NOT WARRANT THAT OUR SITE, OUR APPS AND OUR DELIVERY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITE, OUR APPS OR OUR DELIVERY SERVICE.
In addition to any other indemnification obligations provided in these Terms, you agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (a) your use of our Site, our Apps and our Delivery Service; (b) your breach or violation of any of these Terms, including without limitation the restrictions on use provided herein, or any applicable laws or regulations; (c) our use of Your Content that you provide through our Site, our Apps or our Delivery Service; or (d) your violation of the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of such claims. You agree not to settle any claims without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
LIMITATION ON LIABILITY
No Indirect Damages
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOST PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OUR SITE, OUR APPS OR OUR DELIVERY SERVICE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SUBJECT ONLY TO ANY CLAIM PAYMENTS WE MAY PAY TO YOU, WHICH SHALL IN NO EVENT EXCEED $100, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF OUR SITE, OUR APPS OR OUR DELIVERY SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
DISPUTE RESOLUTION; ARBITRATION
For any dispute between you and us, you agree to first contact us and attempt to resolve the dispute informally. If we have not been able to resolve the dispute informally within thirty (30) days of both parties having notice of the dispute, we both agree to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms by binding arbitration conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”), before one (1) neutral arbitrator selected by us and approved by you, and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. Unless we both agree otherwise, the arbitration will be conducted at our offices. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the JAMS Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration, along with all filings and decisions, will be confidential except as necessary to enforce the award. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to our Services, but we both agree to submit to the jurisdiction of the state and federal courts with jurisdiction over Santa Clara County, California for all claims involving equitable relief.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
You agree that we may provide notices to you through: (a) a prominent notice when you log in to your Account or a message sent to your Account; (b) an email sent to an address associated with your Account; or (c) through other means deemed sufficient by us, including, without limitation telephone or mail. You agree to keep the contact information associated with your Account up to date.
You agree that the only way to provide legal notice to us is by email message sent email@example.com.
We shall not be liable for any delay or failure in performance due to events outside of our reasonable control, including without limitation acts of God, strikes, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. Our obligations and rights shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. We reserve the right to change these Terms at any time. Amendments will be effective upon our providing notice of such updated Terms to you (a) by email sent to the address associated with your Account, or (b) by posting a prominent notice of such change on our Site. Your continued access or use of our Site, our Apps or our Delivery Service after such notice constitutes your consent to be bound by the amended Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. These Terms, together with any commercial agreement you may enter into with us, are the complete and exclusive statement of the terms and conditions governing your use of our Site, our Apps or our Delivery Service, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. In the event of a conflict between these Terms and the terms of a commercial agreement you enter into with us, the terms of the commercial agreement prevail over these Terms. No agency, partnership, joint venture or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. If you are a living person, you agree that your Account is non-transferable and your rights to the content within your Account terminate upon your death. These Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions.