TERMS
OF USE
This Terms of Use Agreement (“Agreement”) is a legal
agreement governing your use of the web site located at www.personallydelivered.com or www.trypersonallydelivered.com
(“Site”). By accessing information on this Web Site,
you acknowledge that you have read, understand and agree to comply with the
terms and conditions stated within this Agreement. By using the Site and/or submitting any
content, you agree to be bound by and comply with this Agreement. If you do not wish to be bound by this
Agreement, do not use the Web Site.
You understand and agree that the Site is public and is
provided to you on an AS IS and AS AVAILABLE basis by Personally Delivered,
Inc. Personally Delivered, Inc. reserves the right to modify, suspend or
discontinue the Site with or without notice at any time and without any
liability to you.
(1) User Conduct.
Your use of this Site constitutes your agreement and acceptance without
modification of the notices, terms and conditions set forth herein. In
addition, as a condition of your use of this Site, you represent and warrant to
Personally Delivered that you will not use this Site for any purpose that is
unlawful, immoral or prohibited by these terms, conditions and notices. If you
do not agree and accept without modification the notices, terms and conditions
set forth herein, do not use this Site. Other than this Agreement and
agreements between you and Personally Delivered relating to the sale of
products or services to you through this Site, Personally Delivered will not
enter into any agreement with you or obligation to you through this Site and no
attempt to create such an agreement or obligation will be effective.
(2) Termination. You agree that Personally Delivered, in its
sole discretion, may terminate your access to or use of the Site, at any time
and for any reason, including without limitation if Personally Delivered
believes that you have violated or acted inconsistently with the letter or
spirit of this Agreement through the use of the Site. Upon any such
termination, your right to use the Site will immediately cease. You agree that
any termination of your access to or use of the Site may be effected without
prior notice, and that Personally Delivered may immediately delete all
information and files associated with it, and/or bar any further access to such
information or files. You agree that neither Personally Delivered nor any
affiliated entity will be liable to you or any third party for any termination
of your access to the Site or to any such information or files, or will be
required to make such information or files available to you after any such
termination.
(3) Privacy. Personally
Delivered collects information about the users of this Site. Collection of this information is governed by
its Privacy Policy, which may be accessed at/PrivacyPolicy.
(4) Corporate Identification and Trademarks. The trademarks, service marks and logos (the
“Trademarks”) used and displayed on this Site are registered and unregistered
Trademarks of Personally Delivered and others. Nothing on this Site should be
construed as granting, by implication, estoppel or otherwise, any license or
right to use any Trademark displayed on the Site, without the prior written
permission of the Trademark owner. Personally Delivered aggressively enforces
its intellectual property rights to the fullest extent of the law. The name of Personally
Delivered, the Personally Delivered logo or the other Personally Delivered
formatives may not be used in any way, including in advertising or publicity
pertaining to distribution of materials on this Site, without prior, written
permission from Personally Delivered. Personally Delivered prohibits use of the
Personally Delivered logo as part of a link to or from any site unless
establishment of such a link is approved in advance by Personally Delivered in
writing. Fair use of Personally Delivered Trademarks requires proper
acknowledgment. Other product and company names mentioned in this Site may be
the Trademarks of their respective owners.
(5) Proprietary Rights to Content. This Site and the materials within it are © Personally
Delivered. Viewing this Site creates a copy of Personally Delivered materials
in your computer's random access memory and/or in your hard drive and/or in
your proxy server. Personally Delivered
grants you permission to view this Site and to print individual pages from this
Site for your own personal, noncommercial use, provided that you agree to and
accept without modification the notices, terms and conditions set forth in this
Agreement. You may not modify, copy (except as set forth in the preceding
sentence), distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information, material,
software, products or services from this Site.
(6) Copyright Claims.
To make a complaint about a copyright violation on the Site, click here.
(7) Forums and Blogs.
We do not endorse or guarantee the accuracy of any posting, regardless
of whether the posting comes from a user, a guest poster, or from a member of
our staff. Personally Delivered does not
control the messages, information or other content that you or others may
provide through the Site. You may use the Site for lawful purposes only.
By using the Site, you agree not to submit, post or transmit
through the Site any material or otherwise engage in any conduct that:
· Violates or
infringes the rights of others including, without limitation, patent,
trademark, trade secret, copyright, publicity, privacy or other proprietary
rights;
· Allows you to
gain unauthorized access to the Site, or any account, computer system, or network
connected to the Site, by means such as hacking, password mining or other
illicit means;
· Is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortuous, or contains explicit or graphic
descriptions or accounts of, sexual acts;
· Victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
· Collects for
marketing purposes any email addresses or other personal information that has
been posted by other users of the Site;
· Impersonates
any person, business or entity, including Personally Delivered and its
employees and agents or falsely state or otherwise misrepresent your
affiliation with any person, business or entity, including Personally Delivered;
· Contains an
advertisement or solicitation or encourages others to make a donation;
· Contains
viruses or any other computer code, files or programs that interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment, or otherwise permit the unauthorized use of a
computer or computer network;
· Encourages
conduct that would constitute a criminal offense or that gives rise to civil
liability or that otherwise encourages others to commit illegal activities or
cause injury or property damage to any other person;
· Results in
the posting or transmission of any message anonymously or under a false name;
· Permits any
person to access, using your account, any features of the Site that may require
registration; or
· Results in a
single message being posted to more than five areas of the Site, or results in
any message being posted to any area of the Site if that message is, in our
view, off-topic or in violation of this Agreement.
Although Personally Delivered cannot monitor all content on
the Site, you understand that we shall have the right, but not the obligation,
to monitor the content of the Site to determine compliance with this Agreement
and any other operating rules that may be established by us from time to time.
We shall have the right, in its sole discretion, to edit, move, delete, or
refuse to post any material for any reason, including violation of these Terms
of Use, whether for legal or other reasons, or because the material is
objectionable or stale. You acknowledge
and agree that neither Personally Delivered nor any of its affiliates shall
assume or have any liability for any action or inaction by us with respect to
any conduct within the Site or any communication or posting on the Site. We
also reserve the right to disclose any information that we believe necessary to
satisfy any law, regulation or governmental request, or to refuse to post or to
remove any information or materials, in whole or in part.
We require you not to use the Site to violate anyone's
copyright, trademark or other intellectual property rights. By posting or
submitting any material to the Site, you are warranting and representing that
you own or have the right to post or make such submission of the material, or
are making your submission or posting with the express consent of the owner,
and that no other party has any right, claim, or interest in the material that
you have submitted or posted. You also warrant that all moral rights in any
material that you submit to us or post have been waived.
(8) Links to Third Party Sites. This Site may contain links to sites owned or
operated by parties other than Personally Delivered. Such links are provided
for your reference only. Personally Delivered does not control outside sites
and is not responsible for their content. Personally Delivered's inclusion of
links to an outside site does not imply any endorsement of the material on the
site or, unless expressly disclosed otherwise, any sponsorship, affiliation or
association with its owner, operator or sponsor, nor does Personally Delivered's
inclusion of the links imply that Personally Delivered is authorized to use any
trade name, trademark, logo, legal or official seal or copyrighted symbol that
may be reflected in the linked site.
(9) Cautionary Statement Pursuant to the Private Securities
Litigation Reform Act of 1995.
Statements of Personally Delivered's expectations, sales
growth, earnings performance and similar financial and operating measures found
in the press releases, and other materials found on this site constitute
"forward-looking statements" as defined in the Private Securities
Litigation Reform Act of 1995. Words or phrases such as “should result,” “are
expected to,” “we anticipate,” “we estimate” or “we project,” as well as other
similar expressions are intended to assist readers in identifying these
“forward-looking statements.” Such statements are based on the currently
available operating, financial and competitive information as of the date of
such statements and are subject to various risks and uncertainties that could
cause actual results to differ materially from the company's historical
experience and its stated expectations. These risks and uncertainties include,
but are not limited to, fluctuations in and the overall condition of the U.S.
economy, stability of costs and availability of sourcing channels, conditions
affecting new store development, the company's ability to attract, train and
retain highly-qualified associates, unanticipated weather conditions, the
impact of competition and regulatory and litigation matters. Undue reliance
should not be placed on such forward-looking statements, as such statements
speak only as of the date on which they are made. Additional information
regarding these and other risks is contained in the company's periodic filings
with the Securities and Exchange Commission.
Personally Delivered also may make employment information
available through this Site. Personally
Delivered is an equal opportunity employer.
Personally Delivered provides equal employment opportunity to qualified
persons without regard to race, color, religion, sex, national origin, age,
veteran status or disability. Personally
Delivered's policy relates to all phases of employment including recruitment,
placement, promotion, training, demotion, transfer, layoff, recall and
termination, rates of pay, employee benefits and participation in all
company-sponsored employee activities.
(10) Limitation of Liability and Disclaimer of
Warranties. THE INFORMATION AND
MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE
NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT
NECESSARILY REFLECT THE OPINIONS OF Personally Delivered OR ANY OF ITS
AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE
COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR
MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT
DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST
INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE
ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION
THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Personally Delivered MAKES NO REPRESENTATION ABOUT THE
SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. Personally Delivered SPECIFICALLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
-NON-INFRINGEMENT. Personally Delivered
SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN
THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS
SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY
INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL EITHER Personally Delivered, ITS AFFILIATES OR AGENTS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE
MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE
ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
(11) Indemnification.
You agree, at your expense, to indemnify, defend and hold harmless Personally
Delivered, its officers, directors, employees, agents, affiliates, distributors
and licensees from and against any judgment, losses, deficiencies, damages,
liabilities, costs and expenses (including reasonable attorneys’ fees and
expenses) incurred in connection with or arising from any claim, demand, suit,
action or proceeding arising out of your breach of this Agreement or in
connection with your use of this Site or any product or service related
thereto.
(12) Governing Law.
This Site resides on a server in Massachusetts, USA. You agree that this
agreement and your use of this Site are governed by the laws of the State of Massachusetts,
USA. You hereby consent to the exclusive jurisdiction and venue of the courts,
tribunals, agencies and other dispute resolution organizations in Massachusetts,
USA in all disputes (a) arising out of, relating to, or concerning this Site
and/or this Agreement, (b) in which this Site and/or this Agreement is an issue
or a material fact, or (c) in which this Site and/or this Agreement is
referenced in a paper filed in a court, tribunal, agency or other dispute
resolution organization. Use of this Site is unauthorized in any jurisdiction
that does not give full effect to all provisions of this Agreement, including
without limitation this paragraph and the warranty disclaimers and liability
exclusions above.
(13) Waiver/Severability.
Any use in contravention of this provision or any provision of this
Agreement is at your own risk and, if any part of this Agreement is invalid or
unenforceable under applicable law, 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 govern such use.
(14) Arbitration.
With the prior agreement of Personally Delivered, any claim, dispute or
controversy arising out of, relating to or concerning this Site and/or this
Agreement shall be decided by binding arbitration in accordance with the Rules
of the American Arbitration Association and any such arbitration proceedings
shall be brought and held in New Jersey, USA. The decisions of the arbitrators
shall be binding and conclusive upon all parties involved and judgment upon any
award of the arbitrators may be entered by any court having competent
jurisdiction. This provision shall be specifically enforceable in any court of
competent jurisdiction.
(15) General Terms. Personally
Delivered has endeavored to comply with all legal requirements known to it in
creating and maintaining this Site, but makes no representation that materials
on this Site are appropriate or available for use in any particular
jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or
any portion of this Site may violate any legal requirements and you agree not
to access this Site in any such jurisdiction. You are responsible for
compliance with applicable laws.
You agree that Personally Delivered may at any time and
without notice change the terms, conditions and notices under which this Site
is offered.
You agree that no joint venture, partnership, employment or
agency relationship exists between you and Personally Delivered as a result of
this Agreement or your use of this Site.
Personally Delivered's performance of this Agreement is
subject to existing laws and legal process and nothing contained in this
Agreement is in derogation of Personally Delivered's right to comply with law
enforcement requests or requirements relating to your use of this Site or
information provided to or gathered by Personally Delivered with respect to
such use.
(16) Entire Agreement.
This Agreement, the privacy and security statement, and terms of sale
constitute the entire agreement between you and Personally Delivered with
respect to this site. This Agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you
and Personally Delivered with respect to this Site. No modification of this
Agreement shall be effective unless it is authored by Personally Delivered,
Inc. or its affiliates, or unless it is physically signed in blue ink by a Personally
Delivered officer. Any alleged waiver of any breach of this Agreement shall not
be deemed to be a waiver of any future breach. A printed version of this
Agreement and/or of any notice given by Personally Delivered in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement or your use of this Site to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained by Personally Delivered in printed form.
(17)
Contact Use. If you have any questions
about this Agreement, please call us at 1-973-615-4007, or log on to www.personallydelivered.com/Contact-Us
or www.trypersonallydelivered.com/Contact-Us. Although Personally Delivered
will in most circumstances be able to receive your e-mail or other information
provided through this Site (including, without limitation, service requests and
other submissions), Personally Delivered does not guarantee that it will
receive all such e-mail or other information timely and accurately and shall
not be legally obligated to read, act on or respond to any such e-mail or other
information. Be aware that Internet e-mail typically is not secure.