1. THE SERVICES
The Services comprise mobile applications and related services which enable users to arrange and schedule transportation, logistics and/or delivery services to purchase certain goods, including with third party providers of such services and goods under agreement with Fetch or certain of Fetch’s affiliates. Unless otherwise agreed by Fetch in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
2. USE OF SERVICES
Fetch offers the Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. By purchasing the App, you are granted a non-transferable license to use the App on any device owned or controlled by you. In order to access certain Services, you will be required to provide current, accurate identification, contact, and other information as part of the registration process and/or to purchase the Services. You are responsible for maintaining the confidentiality of your account password(s) and are responsible for all activities that occur under your account. You agree to immediately notify Fetch of any unauthorized use of your password or account or any other breach of security. Fetch cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive Services unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification
Fetch reserves the right to withdraw or amend the App, and any service or material provided on the App, in its sole discretion without notice. Fetch will not be liable for any reason all or any part of the App is unavailable at any time or for any period. From time to time, Fetch may restrict access to some parts of the App, or the entire App, to users. Fetch reserves the right to disable the username, password, or other identifier, whether chosen by you or provided by Fetch, and to terminate Services at any time if you have violated the Terms.
3. Prohibited Use
You may use the App only for lawful purposes and in accordance with the Terms. You agree not to use the App in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to attempt to interfere with the proper working of the App.
4. TEXT MESSAGES AND TELEPHONE CALLS
5. Intellectual Property Rights
The App and its entire contents, features, and functionality are owned by Fetch, 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 law. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the App without the written consent of Fetch. No right, title, or interest in or to the App or any content on the App is transferred to you, all rights not expressly granted are reserved to Fetch.
License. To use some of the Services’ features, you will need to download the App. Subject to, and in accordance with, these Terms, Fetch grants to You, and You accept from Fetch, a limited, revocable, non-exclusive, and non-transferable license to use the App, if available. Fetch reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.
Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other source code information. Without limiting the foregoing, You shall have no rights to receive any source code for the App and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the App for any purpose.
Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the App in any way, except as expressly permitted in these Terms; (b) remove or modify Fetch’s copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the App or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the App's source code or object code or other runtime objects or files distributed with the App; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the App or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the App or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the App or Services to infringe on any person’s right of privacy. In addition, You will not violate or attempt to violate the security of Fetch’s networks or servers.
The Blue Fetch name, Fetch trademarks, the Fetch logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fetch. You must not use such marks without the prior written permission of Fetch. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
8. Links from the App
Any links on the App to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. Fetch has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Nor does Fetch necessarily endorse any statements and/or opinions expressed in these materials. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. If you decide to access any of the third-party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree to hold harmless and indemnify Fetch, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners and Apple, (collectively the “Released Parties”) from and against any third party claim arising from or in any way related to your use of the Services, violation of the Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Fetch will provide you with written notice of such claim, suit or action.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND APP IS AT YOUR SOLE RISK. THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, the released parties EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RELEASED PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FETCH OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FETCH NOR ANY OTHER RELEASED PARTIES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FETCH OR RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APP AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; OR (iii) ANY OTHER MATTER RELATING TO THE APP OR SERVICES.
12. EXCLUSIONS AND LIMITATIONS
NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND FETCH’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, FETCH’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, APP, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
13. THIRD PARTY SERVICES
Apple and Google-Specific Terms. The following additional terms and disclosures only apply to you if you use the App through Apple or Google operating systems, if available and as applicable:
- This is a custom end-user license agreement between you and Fetch, and not with Apple. Fetch, and not Apple, is solely responsible for the App, the Services, and the related content.
- Fetch grants you the non-transferable right to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this App.
- In the event of any failure of the App to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Fetch.
- Fetch, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks, if applicable.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Fetch, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, in accordance with this Agreement.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Any questions, complaints, or claims with respect to the App should be directed to firstname.lastname@example.org.
- You must comply with applicable third party terms of agreement when using the App.
- Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- This is a separate end user license agreement between you and Fetch, and not with Google.
- Subject to, and in accordance with, these Terms and any required payments, Fetch grants to You, and You accept from Fetch, a non-exclusive, worldwide, and perpetual license to perform, display, and use the App on your device that can access Google Play. The user may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Services (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if you violate any of these Terms.
- You are allowed unlimited reinstalls of the App, unless and until Fetch removes the App from the Google Play or any other Google-branded distribution platform.
- Fetch, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the App or any complaints about the App, subject to these Terms.
- Fetch, and not Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim the App fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
- Fetch, and not Google, is solely responsible for Fetch's breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
- Any questions, complaints, claims, or issues regarding defects or performance issues with respect to the App should be directed to email@example.com.
You agree that Fetch may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the App.
15. Representations and Warranties
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations. You further represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
16. GENERAL INFORMATION
Contact Information. Except as specifically stated in the Terms, Fetch is the only party responsible for responding to your questions or claims regarding the Terms. All communication to Fetch should be sent to:
The Fetch App, LLC
1201 Hamlet Avenue
Clearwater, FL 33756
You may contact Fetch by email at firstname.lastname@example.org.
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Fetch with respect to the Services and govern your use of the App and Services, superseding any prior agreements between you and Fetch for the use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services provided by Fetch, affiliate services, third-party content, or third-party software.
Dispute Resolution, Choice of Law and Forum. The Terms and the relationship between you and Fetch shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to and hereby do submit to the personal and exclusive jurisdiction of the federal and state courts located within Orange County, State of Florida.
In the event of any dispute arising out of or connected to this Agreement, including a perceived or threatened breach, the Parties agree to attempt to resolve such dispute by informal negotiation between the Parties, with or without assistance of counsel. If they are unable to resolve the dispute via informal negotiation, the Parties agree to attempt to resolve the dispute via formal mediation prior to filing any action in court.
Waiver and Severability of Terms. The failure of Fetch to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Section Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect.