This Terms of Use Agreement ("Agreement") is a legal agreement governing your use of the website located at www.personallydelivered.com or ("Site"). By accessing the 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.
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.
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.
Personally Delivered collects information about the users of this Site. The collection of this information is governed by its Privacy Policy, which may be accessed at /PrivacyPolicy.
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 the distribution of materials on this Site, without prior, written permission from Personally Delivered. Personally Delivered prohibits the use of the Personally Delivered logo as part of a link to or from any site unless the 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 on this Site may be the Trademarks of their respective owners.
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.
To make a complaint about a copyright violation on the Site, click here.
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:
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 nor have any liability for any action or inaction by Personally Delivered with respect to any conduct within the Site, or any communication or posting on the Site.
You agree to indemnify, defend, and hold harmless Personally Delivered and its affiliates, agents, employees, and officers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your access to or use of the Site, your violation of this Agreement, or your violation of any rights of any third party.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONALLY DELIVERED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PERSONALLY DELIVERED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS SITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL PERSONALLY DELIVERED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF PERSONALLY DELIVERED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Florida for the resolution of any disputes arising from this Agreement or your use of the Site.
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be enforced to the fullest extent permissible, and the remaining provisions shall remain in full force and effect.
Personally Delivered reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.