This Agreement (the “Agreement”) is a legal agreement between you and Delivermore, LLC, a Colorado Limited Liability Company doing business as SOUTH’S MARKET that states the terms and conditions under which you may access and receive products and services via www.SouthsMarket.com. If you use these services and/or access www.SouthsMarket.com, you agree to the following terms and conditions.
- South’s Market Services and Website. The SOUTH’S MARKET Services include a transaction, information, delivery and communication services available to authorized users (“customers”) who access SouthsMarket.com. SOUTH’S MARKET currently provides an online marketplace for the purpose of shopping (predominantly Costco) products and a service that delivers the purchased items from the online marketplace to the customer. SOUTH’S MARKET may provide additional online marketplace shopping and other related services in the future.
- Online Shopping and Delivery Service. SOUTH’S MARKET employees, agents or designees that shop and deliver product orders placed using the online marketplace SouthsMarket.com. Delivery will be made to the pickup location designated. Payment for products, shopping and delivery fees are due and payable at the time of pickup by cash, check, debit or credit card. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. SOUTH’S MARKET’s liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge. In some situations, you may choose to receive your SOUTH’S MARKET order as an unattended delivery, in which case your order will be left unattended at your door or other place you designate. SOUTH’S MARKET may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive deliveries. SOUTH’S MARKET is not responsible, and you agree to indemnify and not hold SOUTH’S MARKET or its employees responsible, for any damage or theft that occurs to an unattended delivery. SOUTH’S MARKET reserves the right to refuse to leave an order unattended.
- Third Party Information Providers and Merchants. The SOUTH’S MARKET service may permit you to order and receive products, information and services from businesses that are not owned or operated by SOUTH’S MARKET. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. SOUTH’S MARKET does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the SOUTH’S MARKET service.
- Property Rights – www.South’s Market.com and SOUTH’S MARKET. Copyright: All content on www.SouthMarket.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of SOUTH’S MARKET, Delivermore, LLC. or its content providers. SOUTH’S MARKET authorizes you to view, electronically copy and to print in hard copy portions of www.SouthsMarket.com for the sole purpose of placing an order with SOUTH’S MARKET, for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on South’s Market.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of SOUTH’S MARKET is strictly prohibited. SOUTH’S MARKET reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from SOUTH’S MARKET.
- All SOUTH’S MARKET logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of SOUTH’S MARKET or otherwise proprietary to SOUTH’S MARKET and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on www.SouthMarket.com are the property of their respective owners.
- Fees, Payment and Access.You are responsible for, and agree to pay promptly, all charges incurred, including applicable taxes and purchases by you or anyone you allow to use your account, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current SOUTH’S MARKET fee schedule that can be accessed online. If you fail to pay any fees or charges when due under the SOUTH’S MARKET fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), SOUTH’S MARKET may charge such amount directly to the credit card identified in your name. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that SOUTH’S MARKET may incur in its efforts to collect any unpaid balances from you. SOUTH’S MARKET reserves the right to establish a credit limit for your account. Your right to use the SOUTH’S MARKET service is also subject to limits established by your credit card issuer.
- Unauthorized or Fraudulent Use.SOUTH’S MARKET does not offer the SOUTH’S MARKET Service to children. By using or registering for the SOUTH’S MARKET Service, you warrant that you are at least 18 years old. If you are under 18, you may use the SOUTH’S MARKET Service only with the involvement of a parent or guardian. From time to time, SOUTH’S MARKET may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and SOUTH’S MARKET reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
- Changes in Agreement, Fee Schedule or SOUTH’S MARKET Service. SOUTH’S MARKET may at any time change any of the terms of this Agreement or the SOUTH’S MARKET fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the SOUTH’S MARKET service. If SOUTH’S MARKET makes material changes to this Agreement or changes to the SOUTH’S MARKET fee schedule, SOUTH’S MARKET will provide notice to you in a manner provided in this Agreement. Your use of the SOUTH’S MARKET service after any such change will be conclusively deemed acceptance of such change. SOUTH’S MARKET may discontinue or revise any or all aspects of the SOUTH’S MARKET service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your SOUTH’S MARKET Service and terminate this Agreement.
- SOUTH’S MARKET may suspend or terminate your access to the SOUTH’S MARKET service at any time for any reason with or without notice to you. You may terminate your SOUTH’S MARKET service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your SOUTH’S MARKET Service for any reason, you will not be entitled to a refund of any fees. SOUTH’S MARKET reserves the right to collect fees and charges incurred before you cancel your SOUTH’S MARKET Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
- Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE SOUTH’S MARKET SERVICE, WWW.SOUTH’S MARKET.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SOUTH’S MARKET SERVICE, WWW.SOUTHS MARKET.COM AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUTH’S MARKET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOUTH’S MARKET DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY WWW.SOUTHS MARKET.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT WWW.SOUTHSMARKET.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCT CHOICES ARE YOURS AND YOURS ALONE. PRODUCT RECALL NOTICES MAY NOT REACH YOU. NEITHER SOUTH’S MARKET NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS “ASSOCIATES”) SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SOUTH’S MARKET SERVICE, WWW.SOUTHSMARKET.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH SOUTH’S MARKET. SOUTH’S MARKET LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY SOUTH’S MARKET AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- The material on www.SouthsMarket.com is provided for lawful purposes only. SOUTH’S MARKET controls and operates www.SouthsMarket.com from its headquarters in Colorado, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use www.SouthsMarket.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold SOUTH’S MARKET and its Associates harmless from any claims and expenses, including attorney’s fees, arising in connection with a violation of this Agreement by you or through use of your account.
- Aggregated Information. SOUTH’S MARKET may use aggregated information regarding its customers and usage of the SOUTH’S MARKET service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. SOUTH’S MARKET may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. SOUTH’S MARKET may use or disclose personal information when SOUTH’S MARKET believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of SOUTH’S MARKET or its users or to comply with the law.
- Removal of Customer Information. You may at any time request that SOUTH’S MARKET permanently remove all personal information stored by SOUTH’S MARKET at any time by delivering notice requesting such removal. Upon such request, SOUTH’S MARKET will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your South’s Market.com Service.
- Legal and Miscellaneous. This Agreement states your entire agreement with SOUTH’S MARKET regarding the use of the SOUTH’S MARKET Service and www.SouthsMarket.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with SOUTH’S MARKET or its Associates or relating in any way to your use of the SOUTH’S MARKET or www.SouthsMarket.com resides in the courts of San Miguel County, Colorado, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the San Miguel County in the State of Colorado in connection with any such dispute. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred. Sections 7 and 8 of this Agreement are for the benefit of SOUTH’S MARKET and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your SOUTH’S MARKET service.
- Notices. SOUTH’S MARKET may give notice to you of a change in this Agreement, a change in the SOUTH’S MARKET Fee Schedule, and any other matter by general posting on www.SouthsMarket.com, by electronic mail. You may give notice to SOUTH’S MARKET by electronic mail (visit Contact Us on www.SouthsMarket.com), or by conventional mail to:
PO Box 3997
Telluride, CO 81435
Attention: TERMS AND CONDITIONS
If you have any questions about this agreement, please email us at john@SouthsMarket.com.