Terms of Service
All references to “you” or “your,” as applicable, mean the person who accesses, uses and/ or participates in the Platform in any manner and each of your heirs, assigns and successors. If you use the Platform on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity and “you” and “your” herein shall refer to that entity.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.
You must be at least eighteen (18) years old to use the Platform.
By agreeing to these Terms, you represent and warrant to us:
(1) That you are at least eighteen (18) years old;
(2) That you have not previously been suspended, banned, or removed from the Platform; and
(3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.
Registration and Accounts
To access some features of the Platform, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our email@example.com. SnowCart will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by SnowCart or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and Support ensure the security of your account.
Scope of License
The Platform is licensed, not sold, to you for use only under the terms of this license. SnowCart reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, SnowCart hereby grants you a personal, limited, non-sub-licensable, non-transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. SnowCart, LLC. may revoke this license at any time, in its sole discretion.
You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by SnowCart that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
General Payment Terms
SnowCart Unlimited Subscription offers services for monthly and annual memberships. Monthly Membership will be $50 with 4 standard deliveries and Annual Membership is $500 with 50 deliveries. Additional deliveries will result with additional charges.
You authorize SnowCart to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. When you place an order through SnowCart, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 7 business days to receive access to these released funds. In the event that the pre-authorization is lower than the final amount, we will either authorize an increase in the original amount or, if unsuccessful, we will capture the increase in amount owed by you in a second authorization.
SnowCart also places an initial temporary pre-authorization hold on each new payment method you add to your account.
SnowCart reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Platform; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If any fee for your Unlimited subscription is not paid in a timely manner, we reserve the right to revoke access to your Unlimited subscription and use of SnowCart. If you do not bring your SnowCart balance current after we provide you with notification that your account is in arrears, we reserve the right to suspend or terminate your access to your Unlimited subscription or convert your Unlimited subscription to a non-subscription account. You will be responsible for paying all past due amounts. If you have questions regarding an outstanding balance on your account, please contact us via our firstname.lastname@example.org.
If your payment card expires or is replaced by your issuing bank, the card network may provide us with updated card details associated with the same account. We may use these new details in order to Support prevent any interruption to the Platform. If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, we may charge another stored payment card if your default payment is declined or no longer available to us.
Consumer Not Available
SnowCart reserves the right to charge you the full order amount, including any SnowCart fees, if you are not at the designated delivery location when the Courier arrives to complete the delivery or if you fail to pick up an order from a Merchant.
If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation. You can learn more about order cancellations at email@example.com.
If an item has to be returned for any reason, you may be subject to a non-refundable $10 return/restocking fee. For alcohol items, the Courier reserves the right, at his or her discretion, to refuse delivery and return the item(s) if the name on your ID does not match the name on your order, if you are not at least twenty-one (21) years old ("Legal Age"), if you cannot provide a bona-fide government-issued photo identification that shows you are of Legal Age, or if you are visibly intoxicated.
SnowCart may provide you with the option to purchase or redeem gift cards in connection with your use of the Platform. You agree that you will comply with all gift card terms and conditions, which are incorporated by reference.
Third Party Interactions
Third Party Providers
During use of the Platform, you may purchase goods and services from third-party Merchants through the Platform. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party Merchant. SnowCart and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall SnowCart or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and SnowCart disclaims any and all responsibility or liability arising from such agreements between you and a third party.
The Platform enables you to engage third-party Couriers to provide delivery services. Any interactions or disputes between you and a Courier are solely between you and that Courier. SnowCart and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.
Third Party Advertising
The Platform may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
Links to Third Party Sites
The Platform may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
Your Use of the Platform
In order to use the Platform, you agree to the following
The Platform, including any content that forms part of the Platform, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Platform, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Platform without prior written authorization;
You agree not to bypass any security or other features of the Platform designed to control the manner in which the Platform is used, harvest or mine content from the Platform, or otherwise access or use the Platform in a manner inconsistent with individual human use;
You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Platform account without permission;
You agree not to decipher, reverse engineer, decompile or disassemble the Platform, or the software used to provide the Platform, in whole or in part, or authorize, direct, or cause a third party to do so;
You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Platform, or any portion thereof, unless and solely to the extent SnowCart makes available the means for embedding any part of the Platform;
You agree not to access, tamper with, or use non-public areas of the Platform, SnowCart, LLC. (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of SnowCart, LLC. providers;
You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
You agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SnowCart is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform;
You agree that your use of the Platform may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform.
Transactions involving Alcohol. Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only be purchased by consumers who are of Legal Age in jurisdictions that permit such purchase. If you are a consumer, you expressly represent and warrant that:
(i) you are of Legal Age
(ii) you will provide bona fide government-issued photo identification to your Courier upon delivery to you.
Valid forms of identification include but are not limited to:
(i) a valid motor vehicle operator’s license,
(ii) a passport issued by the U.S. or by a foreign government,or
(iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age.
Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of his or her age. You further understand and acknowledge that neither SnowCart nor the Courier can accept your order of Alcoholic Beverages, and the order will only be delivered if the third-party Merchant accepts your order.
In order to use the Platform, you agree to the following:
Transactions involving Alcohol
Consent to Use of Data
SnowCart, LLC. Consent to Use of Data, information regarding SnowCart collects, and how it uses and shares that information obtained, under Privacy SnowCart.
Intellectual Property Ownership
The Platform, and the media and materials contained in the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of SnowCart and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by SnowCart in these Terms are expressly reserved.
Content You Provide through the Platform
You may be able to submit, SnowCart, upload, denote, or otherwise make available (collectively, “SnowCart”) photographs, video clips, reviews, ratings, favorites, liked items, bookmarked Merchants, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) (that may or may not be viewable by other users) through the Platform or through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (“Interactive Areas”).
Use of your content
You acknowledge that when you SnowCart User Content on or through the Platform, the User Content shall be deemed, and shall remain SnowCart, LLC. property. SnowCart does not provide any compensation for User Content that you SnowCart on or through the Platform. You agree that User Content that you SnowCart on or through the Platform shall be deemed to be non-confidential and non-proprietary, and SnowCart shall have no obligation of any kind with respect to such information. When you SnowCart User Content on or through the Platform, you grant SnowCart a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with SnowCart, LLC. or its partners’ or affiliates’ business, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed otherwise in writing by SnowCart, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You further grant SnowCart a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been a SnowCart consumer, to attribute User Content to you, if we choose to do so. Further, SnowCart shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to SnowCart shall survive termination of the Platform or your account.
User Content Representations
You acknowledge and agree that all User Content that you SnowCart is your sole responsibility. You represent that you have all required rights to SnowCart or transmit such User Content without violation of any third-party rights. You understand that SnowCart does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless SnowCart for all claims resulting from User Content you SnowCart. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
User Content Review
You acknowledge and agree that SnowCart and its designees may or may not (but do not assume any obligation to), at SnowCart, LLC. discretion, pre-screen User Content before its appearance on the Platform. You further acknowledge and agree that SnowCart reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Platform. Additionally, SnowCart has the right to remove any User Content that violates these Terms or is otherwise objectionable in SnowCart, LLC. sole discretion. You acknowledge and agree that SnowCart does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Ratings and Reviews
The Platform and other Interactive Areas may allow you to rate (“Ratings”) and SnowCart reviews (“Reviews”) of Merchants. Such Ratings and Reviews are considered User Content and are governed by these Terms, including, without limitation, your agreement regarding your use of the Platform (Section 6). Ratings and Reviews are not endorsed by SnowCart, and do not represent the views of SnowCart or of any affiliate or partner of SnowCart. SnowCart does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria:
(1) you must have had first-hand experience with the Merchant within the 7-day period prior to your SnowCarting a Rating or Review;
(2) you may not have a proprietary or other affiliation with either the Merchant or any of its competitors;
(3) you may not draw any legal conclusions regarding the Merchant’s products, services, or conduct;
(4) you may not promote or criticize a Merchant other than the one being rated or reviewed;
(5) you may not include others’ personal information; and
(6) your Rating or Review must otherwise comply with these Terms. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, and/or the Platform may be removed or excluded by us without notice.
By using the Platform, you understand and agree that SnowCart and those acting on its behalf may send you text (SMS) messages (potentially including messages generated using an automatic telephone dialing system) at the phone number you provided us. These messages may include operational messages about your use of the Platform, as well as marketing or other promotional messages. You will not be able to use the Platform without agreeing to receive operational text messages. You may opt-out of receiving marketing or other promotional text messages at any time by sending an email to support@SnowCart.com indicating that you no longer wish to receive marketing or other promotional texts along with the phone number of the mobile device receiving the messages, or by following any unsubscribe instructions in the text messages. You may continue to receive text messages for a short period while SnowCart processes your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from SnowCart, do not place orders through the Platform. Your agreement to receive marketing texts is not a condition of any purchase or use of the Platform. If you change or deactivate the phone number you provided to SnowCart, you must update your account information to Support prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.
When you install our App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
SnowCart may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by contacting us via the firstname.lastname@example.org with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need
(i) a device (such as a computer or mobile phone) with a web browser and Internet access and
(ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact email@example.com with contact information and the address for delivery.
Notice of Intellectual Property Infringement
You are responsible for your use of the Platform, and you agree to defend (at SnowCart, LLC. option), indemnify, and hold harmless SnowCart and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
Any dispute or issue between you and any third party, including any Courier, Merchant, or other third-party.
SnowCart reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, SnowCart may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that you are defending on behalf of SnowCart without SnowCart, LLC. prior written consent.
This provision does not require you to indemnify SnowCart for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.
You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
Limitation of Liability
IN NO EVENT SHALL SNOWCART, LLC. AGGREGATE LIABILITY EXCEED THE SNOWCART FEES ACTUALLY PAID BY YOU TO SNOWCART IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1000, WHICHEVER IS LESS. IN NO EVENT SHALL SNOWCART AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF SNOWCART AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PLATFORM CONNECTS YOU TO COURIERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING COURIER AND PRODUCT FULFILLMENT SERVICES. SNOWCART WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY COURIERS OR MERCHANTS, AND YOU EXPRESSLY WAIVE AND RELEASE SNOWCART FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COURIERS OR MERCHANTS. SNOWCART WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE SNOWCART FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, AND THE ITEMS THEY PROVIDE. SNOWCART WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY COURIERS, OR MERCHANTS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE PLATFORM (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE SNOWCART FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE PLATFORM.
THE QUALITY OF THE COURIER PROVIDING SERVICES THROUGH THE USE OF THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY COURIER WHO ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE PLATFORM, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE PLATFORM AT YOUR OWN RISK.
SnowCart may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your SnowCart account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch
You may give notice to SnowCart (such notice shall be deemed given when received by SnowCart) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to SnowCart at the following address:
1664 E. Florence Blvd. Suite 4-144
Casa Grande, AZ 85122
Attention: Legal Department
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
Term and Termination of Agreement
These Terms are effective until terminated by you or SnowCart as described below. Your rights under these Terms will terminate automatically without notice from SnowCart if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, SnowCart may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Platform at any time without notice. We also reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform) without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate these Terms at any time by closing your account, uninstalling the App, and ceasing use of the Platform.
Except for inconsequential changes that do not affect any rights or obligations herein, SnowCart will provide thirty (30) days' notice of any changes to this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you, or otherwise notified when you are logged into your account. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Modifications" is not enforceable or valid, then this subsection shall be severed from the section entitled “Modifications” and the court or arbitrator shall apply the first Modifications section in existence after you began using the Platform. You may otherwise reject the change by sending us written notice within thirty (30) days of the change to SnowCart, LLC. address for Notice, in which case your account with SnowCart will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
Modification of these Terms
Except as explicitly described, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Platform, except as set forth below. These Terms identify the date of last update. Your use of the Platform following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism.
You acknowledge and agree that if SnowCart modifies any provision of these Terms.
Except as explicitly described in the material changes to these Terms will be effective upon the earlier of:
(1) Your first use of the Platform with actual notice of such change, or
(2) thirty (30) days from posting of such change.
Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
Governing Law. These Terms are governed by the laws of the State of Arizona without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and SnowCart agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Pima County, AZ for the purpose of litigating any Dispute. We operate the Platform from our offices in Arizona, and we make no representation that materials included in the Platform are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, SnowCart or any third-party provider as a result of the Terms or use of the Platform.
Waiver and Sever-ability. Except as explicitly described in the , if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of SnowCart to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SnowCart in writing.>
Entire Agreement. These Terms comprise the entire agreement between you and SnowCart and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
Notice Regarding Apple
To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree. You acknowledge that these Terms are between you and SnowCart only, not with Apple LLC. ("Apple"), and Apple is not responsible for the Platform and the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support platforms with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform.
Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to:
(1) Product liability claims;
(2) Any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and
(3) Claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Platform and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, 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 of these Terms.
You hereby represent and warrant that:
(1) 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
(2) You are not listed on any U.S. Government list of prohibited or restricted parties.