Last Modified: March 31, 2022,
User Eligibility. The Website is offered and available independently only to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements (“You”).
If You do not meet all of these requirements, then You must not access or use the Website.
Accessing the Website and Account Security
The Website offers a platform for You to connect with persons and/or entities offering produce, food, beverage, household items, or other goods (collectively, “Merchants” offering “Goods” for sale). You may use the Website to purchase Goods from the Merchant(s) to be delivered to you by the Company, according to the approved Goods that Company has authorized the Merchant(s) to provide.
We reserve the right to withdraw or amend the Website, and any service or material we provide through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website, to users, including registered users.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as Confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download content from the Website that was created by you for your own personal use.
You must not:
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access the Website or use the Website, or any portion thereof, for any unauthorized purpose.
If you wish to make any use of material from the Website other than that set out in this section, please address your inquiry to [email protected].
The Company name, the terms “Mom N Pop Delivery” and “momnpop.delivery”, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, products and service names, designs, and slogans on, used on, or in the Website are the trademarks of their respective owners.
All contents of Company’s Web sites are: Copyright © 2022 Mom N Pop Delivery LLC. All rights reserved.
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or aliases associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material from the Website.
· Use any manual process to monitor or copy any of the unauthorized material from the Website, or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website operates, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
· Obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.
· Attempt or use payment mechanisms that you are not authorized to use to pay for any of our services that require a payment from you.
User Contributions and Personal Information
The Website may contain message boards, online chat services, personal or professional web pages or profiles, timelines, bulletin boards, forums, downloadable or embedded content, customizable content, user-created content, software services, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users, persons, or entities (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Additionally, you may be required to submit limited personal identifiable information (your “Personal Information”) for the purpose of purchasing any Goods through the Website. You acknowledge that the Company may retain the Personal Information you provide, including but not limited to your name, address, email address, and telephone number, in its records kept in the usual course of business for a reasonable amount of time. Company shall treat this Personal Information as confidential and not disclose such information to any unauthorized third party. You may, upon written request to [email protected] to request the Company delete certain Personal Information pertaining to you from its records.
By providing any User Contribution through the Website, you hereby warrant that you either own or otherwise possess the right to reproduce and grant license to reproduce all content in the User Contribution being contributed by you, and you hereby grant to Company and our affiliates and Merchants, and each of their and our respective licensees, successors and assigns, the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, User Content, or other information communicated to the Company through the Website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed, but such license to be limited to Company’s use of this license for provisioning of Website. Company shall not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, advertising, or any other legal commercial purpose) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Company operations.
You represent and warrant that:
· You own or control all rights in and to the User Contributions contributed by you and have the right to grant the license granted above to us and our affiliates and Merchants, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness for the purpose such User Contributions are contributed.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
Subject to all applicable federal, state, and local laws, statutes, and ordinances, we have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information about you to any third party who reasonably claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND MERCHANTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted through the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to you, any user, or any third party for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not, when analyzed in the contextual setting of such User Contributions:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, racist, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Include proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity), or otherwise infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate or misrepresent your connection to any other entity or person or otherwise manipulates identifiers to disguise the origin of the content.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
· Solicit funds, advertisers, or sponsors.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
· Include programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications.
· Disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to the Website.
· Contain hyperlinks to other sites that contain content that falls within the descriptions set forth above.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attention: Copyright Agent
Hunt Pennington Kumar PLLC
609 Castle Ridge Road
Austin, Texas 78746
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by Merchants, other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content of the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material from the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Website
Online Purchases and Other Terms and Conditions
YOU AGREE TO PROVIDE AN UP-FRONT PAYMENT FOR ANY PURCHASES THROUGH OUR SITE OR OTHER TRANSACTIONS FOR THE SALE OF GOODS OR SERVICES, INCLUDING PAYMENT OF ANY APPLICABLE FEDERAL, STATE, OR LOCAL SALES TAX. THE COMPANY AGREES TO ACCEPT PAYMENT FROM YOU FOR ANY PURCHASES THROUGH OUR SITE OR OTHER TRANSACTIONS FOR THE SALE OF GOODS OR SERVICES, INCLUDING PAYMENT OF ANY APPLICABLE FEDERAL, STATE, OR LOCAL SALES TAX.
COMPANY DOES NOT REPRESENT ANY WARRANTY TO YOU FOR ANY GOOD OR SERVICE PURCHASED THROUGH COMPANY’S WEBSITE. YOU AGREE THAT ANY GOODS OR SERVICES OFFERED BY A MERCHANT THAT YOU PURCHASE THROUGH COMPANY’S WEBSITE ARE THE SOLE PROPERTY OF THE MERCHANT AND YOU AGREE THAT THE COMPANY, ITS AFFILIATES, LICENSORS AND OTHER MERCHANTS, AND/OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, WILL NOT BE LIABLE FOR ANY DISPUTES ARISING FROM YOUR DEALINGS WITH THE MERCHANT.
Linking to the Website and Social Media Features
If You are an authorized Merchant, You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content from the Website.
· Send e-mails or other communications with certain content, or links to certain content, from the Website.
· Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company is based in the state of Texas in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of their contents is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. You are not authorized to access the Website from outside the United States.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT FROM THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS INCLUDES ANY DISPUTES ARISING FROM ANY TRANSACTIONS WITH A THIRD-PARTY MERCHANT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Website is operated by Mom N Pop Delivery LLC of 1101 Thorpe Lane 105-127, San Marcos, Texas, U.S.A. 78666.
All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement section above, in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email protected].