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ORDER ROVER TERMS OF USE
ACCEPTANCE OF TERMS OF USE
These Terms of Use govern your use of the jbordeRover.com ("Order Rover") web site (collectively with all data and content available through such web site, the "Web Site"). BY USING, VISITING OR BROWSING the Order Rover Web Site or BY SIGNING UP FOR AN ACCOUNT WITH Order Rover , YOU HEREBY ACCEPT, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, you should not check the I accept button or use the Order Rover Web Site. These Terms of Use set forth an ongoing contract between you and Order Rover. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
CHANGES TO TERMS OF USE
THESE TERMS OF USE MAY BE CHANGED AT ANY TIME BY ORDER ROVER IN ITS DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. FOLLOWING ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY SUCH CHANGES. You may access the most current version of these Terms of Use by clicking on the "Terms of Use" located at the bottom of the pages of the Web Site.
PRIVACY AND PERSONAL INFORMATION
Order Rover is committed to protecting the privacy of the personal information you provide us on our Web Site. Any information submitted on the Order Rover Web Site is subject to our Privacy Policy, the terms of which are incorporated herein. PLEASE REVIEW OUR PRIVACY POLICY TO UNDERSTAND PRACTICES WITH RESPECT TO YOUR PERSONAL INFORMATION. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
YOUR ACCOUNT
In order to access some features of the Web Site, you will be required to create an account with Order Rover. In creating your account, you certify that all information you provide is complete and accurate. You may not use another person's account without permission. If you use the Order Rover Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. You agree to notify Order Rover immediately of any breach of security or unauthorized use of your account. Although Order Rover will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Order Rover or others due to such unauthorized use.
THIRD PARTY WEB SITES
If you click on a link to a third party web site, including on an advertisement or a link to an on-line advertising company, you will leave the Order Rover Web Site you are visiting and go to the web site you selected. Because we cannot control the activities of third parties, including third-party service providers, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Order Rover. If you visit a third party web site that is linked to the Order Rover Web Site, you should consult that web site's privacy policy before providing any personal information. You agree that Order Rover shall have no liability for, and you hereby release and agree not to sue Order Rover, for any damages, losses, liabilities or expenses you may incur due to use of such third party web sites.
WEB SITE RESTRICTIONS
Order Rover grants you permission to use the Web Site solely as set forth in these Terms of Use. You agree that: (i) you will not copy or distribute any part of the Web Site in any medium without Order Rover's prior written consent upon each distribution; and (ii) you will not alter or modify any part of the Web Site other than as may be reasonably necessary to use the Web Site for its intended purpose. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Web Site in a manner that sends more request messages to the Order Rover servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Order Rover grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Order Rover reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site with respect to their Feedback.
INTELLECTUAL PROPERTY RIGHTS
The content on the Order Rover Web Site, including without limitation, the text, software, manuscripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Order Rover, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Web Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Order Rover reserves all rights not expressly granted in and to the Web Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Feedback of third parties obtained through the Web Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web Site or the Content therein.
FEEDBACK
A. The Order Rover Web Site may now or in the future permit you to provide feedback, analysis, suggestions and comments to Order Rover, whether by submitting emails, photos, audio files, videos or other communications (collectively "Feedback"). You understand that whether or not such Feedback is published, Order Rover does not guarantee any confidentiality with respect to any submissions. You agree that Order Rover may publish your name and Feedback on the Order Rover Web Site. ALL OF YOUR FEEDBACK SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF ORDER ROVER AND/OR ITS LICENSORS, AND YOU HEREBY ASSIGN ALL OF YOUR RIGHT, TITLE AND INTEREST IN THE FEEDBACK, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO TO ORDER ROVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ORDER ROVER OR ITS LICENSORS SHALL HAVE THE PERPETUAL AND IRREVOCABLE RIGHT TO USE, MODIFY, AND OTHERWISE EXPLOIT ALL OR PART OF THE YOUR FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You hereby represent and warrant that you have right to enter into this Agreement and to assign and grant the rights to Order Rover to the Feedback which is provided by you, and that such Feedback does not infringe any third party intellectual property rights and does not contain any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Order Rover reserves the right to remove Content and Feedback in its absolute discretion without prior notice.
B. You understand that when using the Web Site, you may be exposed to Feedback from a variety of sources, and that Order Rover is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Feedback. You further understand and acknowledge that you may be exposed to Feedback that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Order Rover with respect thereto, and agree to indemnify and hold Order Rover, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE ORDER ROVER WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ORDER ROVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. ORDER ROVER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE OR THE WEB SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FEEDBACK OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ORDER ROVER WEB SITE. ORDER ROVER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ORDER ROVER WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ORDER ROVER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ORDER ROVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ORDER ROVER WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ORDER ROVER SHALL NOT BE LIABLE FOR FEEDBACK OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Web Site is controlled and offered by Order Rover from its facilities in Atlanta, Georgia. Order Rover makes no representations that the Order Rover Web Site is appropriate or available for use in other locations. Those who access or use the Order Rover Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNITY
You agree to defend, indemnify and hold harmless Order Rover, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Web Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Feedback caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Web Site.
ABILITY TO ACCEPT TERMS OF SERVICE
The Order Rover web site only sells products to adults, who can purchase with a credit card. If you are under 18, you may use the Order Rover Web site only with involvement of a parent or guardian. Order Rover reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Order Rover Web Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Order Rover Web Site - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. In addition Order Rover offers certain tobacco products at its store which may only be purchased and used by persons 18 or older.
ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Order Rover without restriction.
GENERAL
You agree that: (i) the Order Rover Web Site shall be deemed solely based in the Atlanta, Georgia metropolitan area; and (ii) the Order Rover Web Site shall be deemed a passive Web Site that does not give rise to personal jurisdiction over Order Rover, either specific or general, in jurisdictions other than Georgia. These Terms of Use shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and Order Rover that arises in whole or in part from the Order Rover Web Site shall be decided exclusively by a court of competent jurisdiction located in Atlanta, Georgia. These Terms of Use, together with the Order Rover Web Site Privacy Notice and any other legal notices published by Order Rover on the Web Site, shall constitute the entire agreement between you and Order Rover concerning the Web Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Order Rover to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Order Rover reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Order Rover Web Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ORDER ROVER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ORDER ROVER WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
DELIVERY
A. Order Rover in no way guaranties or promises that a delivery will be made by a given. Order Rover will use reasonable efforts to honor the time requested and/or the estimated, quoted delivery time, however Order Rover shall not be held liable in any form for a late delivery. Order Rover may, at its discretion, give customers discounts and/or credits for late deliveries. No order can be cancelled after it has been placed with Order Rover. Placing an order constitutes an understanding and agreement to these Terms of Use and no refunds, credits, or exchanges will be given in the event that a customer wishes to cancel an order. Customer will be held liable for the full cost of the order, including taxes and fees, regardless of whether or not any of the items are perishable.
B. As a customer of Order Rover you agree that we are permitted to charge your credit card upon shipping of all orders paid by credit card. For cash orders, payment must be received at time of delivery. A fee equal to the price of the order will be enforced and billed to the primary account credit card for 'no-shows'. No-shows occur anytime when a delivery is attempted to be made and the customer is not present and/or does not answer at the delivery address to receive the order. A no-show also occurs when a pick-up is scheduled and the customer is not present at the correct time. Any and all perishable items will be billed in full in the case of a no-show. A customer may request another delivery attempt within one hour of attempted delivery. After one hour, the order is considered finished, all non-perishable items in the order will be restocked and perishable items will be disposed of. All fees and charges are non-refundable.
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