Terms of Use

These Terms of Use (the “Agreement” or “Terms”) is an agreement between you and Same Day Delivery Network and its various affiliates and partners, (collectively, “Same Day Delivery Network”, “us”, “our” or “we”) and sets forth the legally binding terms for your use of the website www.Same Day Delivery Networknetwork.com, and any successor websites, (collectively the “Site”), and other interactive properties, including but not limited to our mobile applications (the Site and other Same Day Delivery Network interactive properties are collectively referred to herein as the Same Day Delivery Network Applications”). These Terms govern your use of the Same Day Delivery Network Applications (however accessed and/or used, whether via personal computers, mobile devices or otherwise, and any other means or applications in which you connect with us or use the services available through our Same Day Delivery Network Applications (“Services”).

Each time that you access or use Same Day Delivery Network Applications you signify that you have read, understand, and agree to be bound by our privacy policy incorporated herein by reference. If you do not agree to any of the terms of the privacy policy or these Terms, you must discontinue using Same Day Delivery Network Applications and Services.

Contact and Electronic Communications. By accessing the Same Day Delivery Network Applications or Services, you consent to have this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us via SMS and email. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

YOUR USE OF THE SAME DAY DELIVERY NETWORK APPLICATIONS

Use of Our Services

Same Day Delivery Network provides an online subscription membership website where subscribers have access to informational resources and videos pertaining to quoting custom decorated apparel.

In using our Services you agree that you will not:

• share login information with any other individual (one account per person, IP address); accounts, where login sharing occurs, will be disabled with no refund.
• copy, display or distribute any part of the content available on Same Day Delivery Network Applications (“Content”), in any medium, without Same Day Delivery Network prior written consent;
• alter or modify any part of the Content or Same Day Delivery Network Applications other than as may be reasonably necessary to use the Same Day Delivery Network Applications for their intended purpose;
• use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Same Day Delivery Network Applications or Services;
• use or copy, Content or any data you view on and/or obtain from Same Day Delivery Network Applications to provide any service that is competitive to Same Day Delivery Network Applications, in Same Day Delivery Network sole discretion;
• interfere with, interrupt, destroy or limit the functionality of the Same Day Delivery Network Applications or any computer software or hardware or telecommunications equipment;
• use the Same Day Delivery Network Applications or Services in any manner that could damage, disable, overburden, or impair any Same Day Delivery Network server, or the network(s) connected to any Same Day Delivery Network server, or interfere with any other party’s use and enjoyment of any Same Day Delivery Network Applications or Services;
• gain unauthorized access to any Same Day Delivery Network Applications or Services, other accounts, computer systems or networks connected to any Same Day Delivery Network server or to any of the Same Day Delivery Network Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
• reverse engineer, decompile or disassemble any software accessed through Same Day Delivery Network Applications or Services, including any proprietary communications protocol used by Same Day Delivery Network;
• send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you;
• use information obtained from the Same Day Delivery Network Applications to transmit any commercial, advertising or promotional materials;
• use, upload, transmit, distribute or otherwise make available any material or information, which contains any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity;
• upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Same Day Delivery Network Applications or Services or other users’ computers;
• except as expressly authorized by Same Day Delivery Network, advertise or offer to sell or buy any goods or services for any purpose;
• Impersonate or create a false identity or falsify any information for the purpose of misleading others;
• exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
• use the Services for any unlawful purpose or any illegal activity, or post or submit any content, that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in Same Day Delivery Network discretion.

Registration Obligations. In consideration of your use of the Same Day Delivery Network Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction and will provide true, accurate, current and complete information about yourself as prompted by Same Day Delivery Network Applications. Same Day Delivery Network reserves the right to deny, in its sole discretion, any user access to the Same Day Delivery Network Applications or Services without notice for any or no reason.

Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account for any Same Day Delivery Network Applications you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Same Day Delivery Network immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by Same Day Delivery Network). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Same Day Delivery Network or another party due to someone else using your account or password.

SERVICES PROVIDED BY SAME DAY DELIVERY NETWORK

Communication Services. The Services may contain bulletin boards and/or other messages, communication or other mechanisms designed to enable you to communicate and interact with others on the Same Day Delivery Network Applications (the “Communication Services”). All such communications, information, and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, “Distribute”) is referred to as “User Content.” You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth in these Terms.

Modification to Services. Same Day Delivery Network has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Same Day Delivery Network in providing its Services is to stop using those Services.

Third-Party Sites: You may be able to access other websites or resources through links on the Same Day Delivery Network Applications. Because Same Day Delivery Network has no control over such sites and resources, you acknowledge and agree Same Day Delivery Network is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.

SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT; REFUND POLICY

Free Services. Free resources include access to the public website and the public resource pages.

Subscription Services. Our Subscription Service provides an online subscription membership website where subscribers have access to informational resources and videos pertaining to quoting custom decorated apparel.

Service Fees and Billing. If you sign up for Subscription Service (“Subscription Service”) Same Day Delivery Network will bill you monthly or annually (or another term of service which might be offered from time to time) (“term”) and will bill you the applicable term rate using the billing information you provide (your “Billing Account”) for use of the Subscription Service. A one month term is a 30-day period. You agree to pay Same Day Delivery Network all charges at the prices then in effect for your use of the Subscription Service using your Billing Account, and any applicable taxes, and you authorize Same Day Delivery Network to charge your chosen payment provider (your “Payment Method”) for the Subscription Service. You agree to make payment using that selected Payment Method. Same Day Delivery Network will also charge your Payment Method for any merchandise ordered on Same Day Delivery Network Applications. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen Payment Method (the “Payment Method Provider”). If Same Day Delivery Network does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method we may re-present such uncleared or rejected payment to your Payment Method Provider. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. Same Day Delivery Network reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources.

Cancellation and Refund Policy. You can cancel your subscription at any point during your current subscription term to avoid subsequent fees being billed by contacting Customer Support or by logging in, clicking on the “My Account” link, then clicking “Cancel My Account”. All charges are NON-REFUNDABLE regardless of the amount of time left on your term. All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. When you cancel automatic renewal on a Subscription, your Subscription and access will continue through the rest of the current term.

Satisfaction Guarantee. If you are dissatisfied with our services, Same Day Delivery Network will refund your current subscribed month. There are no subscription refunds prior to the current month.

Current Information Required. You must promptly notify Same Day Delivery Network if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by going to “My Account”. If you fail to provide Same Day Delivery Network any of the foregoing information, you agree that Same Day Delivery Network may continue charging you for any use of the Service under your Billing Information unless we have evidence that you have terminated your Subscription. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts will be the responsibility of and paid for by you.

POSTING OF USER CONTENT

Monitoring of User Content. Same Day Delivery Network has no obligation to monitor or confirm the accuracy of User Content. However, Same Day Delivery Network reserves the right to review and remove any User Content at any time, without notice, for any reason, and in its sole discretion. Same Day Delivery Network specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any Communication Services. If you encounter something you find objectionable and in violation of these Terms, you can report it to support@ineedadelivery.com.

License. You retain copyright and other intellectual property rights with respect to your User Content that you submit or Distribute through the Same Day Delivery Network Applications to the extent that you have such rights under applicable law. If you have shared User Content with others through the Same Day Delivery Network Applications Same Day Delivery Network has no control over any third-parties use of that User Content.

By submitting, transmitting, or displaying your User Content to or through the Same Day Delivery Network Applications, you automatically grant (and you represent and warrant that you have the right to grant) to Same Day Delivery Network, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the Same Day Delivery Network Applications, a worldwide, sublicense able, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your User Content solely in connection with the Same Day Delivery Network Applications (“License”). This License will enable each user of the Same Day Delivery Network Applications to access your User Content as permitted through the functionality of the Same Day Delivery Network Applications and under these Terms. This License includes the right to modify or adapt your User Content in order to transmit, display or distribute it over computer networks, in various career venues as provided in these Terms.

By providing User Content to us you represent and warrant that you own such User Content or otherwise have the right to grant us the license set forth in this section; that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on the Same Day Delivery Network Applications is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights) and, you are solely responsible for, and Same Day Delivery Network will have no liability in connection with your User Content or any other User Content you access through the Same Day Delivery Network Applications. Your ownership in your User Content does not confer any rights of access to the Same Day Delivery Network Applications nor any rights to Content stored by or on behalf of Same Day Delivery Network.

No Confidentiality. You acknowledge and agree that your User Content posted via the Communications Services are public and not private communications and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by Same Day Delivery Network and others and result in unsolicited communications. Same Day Delivery Network is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with these Terms.

PROPRIETARY RIGHTS

Ownership of Content and Marks. The Services, and all material published on or accessible through the Same Day Delivery Network Applications, including, but not limited to text, tests, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, and other materials on the Same Day Delivery Network Applications (together “Content”) is owned by Same Day Delivery Network or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Same Day Delivery Network owns a copyright in the selection, coordination, arrangement, and enhancement of such Content and a copyright in the Same Day Delivery Network Applications. All trademarks, service marks, trade names, and trade dress appearing on the Same Day Delivery Network Applications (“Marks”) are proprietary to Same Day Delivery Network. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Same Day Delivery Network Applications or the Services, in whole or in part, without Same Day Delivery Network prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Same Day Delivery Network Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Same Day Delivery Network without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Same Day Delivery Network name or Marks without the express written consent of Same Day Delivery Network. Our ownership rights All right, title and interest in and to the Same Day Delivery Network Applications and Services are and will remain the exclusive property of Same Day Delivery Network and its licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the Same Day Delivery Network Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world, and in perpetuity, and without any compensation, attribution or other obligation to you.

No Other License Granted. Except for allowing you to use the Same Day Delivery Network Applications and Services for your use as set forth in the paragraph above, when you use the Same Day Delivery Network Applications or Services, you are not receiving a license or any other rights from Same Day Delivery Network, including intellectual property or other proprietary rights of Same Day Delivery Network. You understand that you have no rights to the Same Day Delivery Network Applications or Services or any other Same Day Delivery Network property except as indicated in these Terms.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Filing a Complaint: Same Day Delivery Network has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Same Day Delivery Network Applications which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on Same Day Delivery Network Applications which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on Same Day Delivery Network Applications. If you believe any materials on Same Day Delivery Network Applications infringes a copyright, you should provide us with a written request to take down the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number and email address (if available);
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

Filing a Counter-Notice: If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:

• Identification of the copyrighted work (or works) that was removed by Same Day Delivery Network and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
• Your name, address, telephone number and email address (if available);
• A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
• A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
• A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
• A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down;

When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.

Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:

By e-mail:  support@ineedadelivery.com with “DMCA Complaint” in the subject line.

LEGAL NOTICES

Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SAME DAY DELIVERY NETWORK APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING SAME DAY DELIVERY NETWORK APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SAME DAY DELIVERY NETWORK APPLICATIONS AND SERVICES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SAME DAY DELIVERY NETWORK MAKES NO WARRANTY THAT THE SAME DAY DELIVERY NETWORK APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT SAME DAY DELIVERY NETWORK DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SAME DAY DELIVERY NETWORK APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SAME DAY DELIVERY NETWORK APPLICATIONS OR SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SAME DAY DELIVERY NETWORK APPLICATIONS AND SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, SAME DAY DELIVERY NETWORK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SAME DAY DELIVERY NETWORK APPLICATIONS AND SERVICES.

ALL CONTENT, PRODUCTS AND THIRD-PARTY SERVICES ON THE SAME DAY DELIVERY NETWORK APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE SAME DAY DELIVERY NETWORK APPLICATIONS ARE LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SAME DAY DELIVERY NETWORK DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SAME DAY DELIVERY NETWORK APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL SAME DAY DELIVERY NETWORK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SAME DAY DELIVERY NETWORK APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SAME DAY DELIVERY NETWORK APPLICATIONS OR A LINKED SITE.

ALL INFORMATION PROVIDED ON THE SAME DAY DELIVERY NETWORK APPLICATIONS IS STRICTLY FOR PERSONAL INFORMATIONAL PURPOSES ONLY. SAME DAY DELIVERY NETWORK DISCLAIMS RESPONSIBILITY AND YOU EXPLICITLY ACKNOWLEDGE THAT INFORMATION PROVIDED ON SAME DAY DELIVERY NETWORK APPLICATIONS IS NOT NOR SHOULD EVER BE RELIED UPON AS LEGAL, BUSINESS, FOOD SAFETY, OR FINANCIAL ADVICE.

No liability for accumulated Content. When using the Same Day Delivery Network Applications, you may accumulate content in your account or in My Favorites that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in Same Day Delivery Network sole discretion with or without notice and with no liability of any kind. You acknowledge that notwithstanding any rights you may have with respect to User Content you Distribute using Same Day Delivery Network Applications, Same Day Delivery Network DOES NOT PROVIDE OR GUARANTEE AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SAME DAY DELIVERY NETWORK SERVERS.

Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAME DAY DELIVERY NETWORK OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SAME DAY DELIVERY NETWORK APPLICATIONS OR THE SERVICES, EVEN IF SAME DAY DELIVERY NETWORK HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SAME DAY DELIVERY NETWORK AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $25. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity/Release. You understand that you are personally responsible for your behavior while on the Same Day Delivery Network Applications or using the Services and agree to indemnify and hold Same Day Delivery Network, and its subsidiaries, affiliates, business partners, distributors, agents, representatives, and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Same Day Delivery Network Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 
GENERAL

Term and Termination. These terms, as they may be modified as set forth herein, will remain in full force and effect while you use the Services. Same Day Delivery Network can suspend or terminate your access to the Same Day Delivery Network Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Age Requirements. The Same Day Delivery Network Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Same Day Delivery Network Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Same Day Delivery Network Application and Services.

Access to Services. Same Day Delivery Network reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Same Day Delivery Network also reserves the right to change, modify, discontinue, suspend or abandon the Same Day Delivery Network Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.

Availability and Use Outside of the United States. The Same Day Delivery Network Applications and Services are controlled from facilities in the United States. Same Day Delivery Network makes no representations that the Same Day Delivery Network Applications or Services are appropriate or available for use in other locations. Those who access or use the Same Day Delivery Network Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

Updates to Terms. Same Day Delivery Network reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date shown. 

SMS

As part of our service, we can send you automated text alerts regarding Same Day Delivery Network account activity. Message frequency may vary depending on your participation level. Message and data rates may apply, depending on your mobile phone service plan. At any time, you can get more help by replying HELP to these texts, or you can opt out completely by replying STOP. Terms of Use are available at https://www.ineedadelivery.com/terms and our Privacy Policy can be found at https://www.ineedadelivery.com/privacy