SnowCart™ Terms of Service


PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE SNOWCART™ PLATFORM, AS DEFINED BELOW. THESE TERMS AND CONDITIONS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.


Thank you for your interest in the SnowCart™ mobile application (the “App”) and website (https://snowcart.com) (the "Site"), as well as all related websites, networks and software provided by us and on which a link to these Terms of Service is displayed (collectively, with the App and Site, the "Platform"). These Terms of Service (the "Terms") also include the SnowCart™ Privacy Policy, which is incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Platform. These Terms constitute a legal agreement between you and SnowCart. In order to use the Platform, you must agree to these Terms.


The business realities associated with operating the Platform are such that, without the conditions that are set forth in these Terms such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes–SnowCart™ would not make the Platform available to you. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Platform (in each such instance, and collectively, the "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.


BY DOWNLOADING, INSTALLING, ACCESSING, OR USING ALL OR ANY PORTION OF 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.

User Representations


By accessing or using the Platform, you hereby represent and warrant that each of the following statements are true and correct in all respects:

(1) That you are at least eighteen (18) years old or the age of majority in User’s place of access or use of the Platform;

(2) That you have not previously been suspended, banned, or removed from the Platform;

(3) That registration of your SnowCart™ account and any use of the Platform is and will be in compliance with any and all applicable Federal, state, local, and international laws and regulations;

(4) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations;

(5) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the United States as a "terrorist supporting" country; and

(6) You are not listed on any U.S. Government list of prohibited or restricted parties.

Registration and Accounts

To access and use the Platform, you must first create a SnowCart™ account (an “Account”). When you register for an account, you may be required to provide us with information about yourself (such as your name, credit card information, email address, phone number, profile image, or other contact information). By creating your Account, you represent and agree that the information you provide to us is accurate, current, and complete, and that you will keep it uptodate at all times. When you register your Account, you will be asked to select an Account password. You are solely responsible for maintaining the confidentiality of your Account and password, and any password for Facebook, Google, or other thirdparty login to which you associate your Account. 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 by email at support@snowcart.com or by calling our customer support number at 1(888) BRING SC. We expect our Users to take the security and confidentiality of their Account login credentials seriously, and you may be liable for any claims, losses, damages, liability, expenses, and lawyers’ fees incurred by SnowCart™ or a third party arising from someone else using your Account due to such credentials being compromised and 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 verify your Account and confirm your identity to ensure the security of your Account.

Scope of License


The Platform is licensed, not sold, to you for personal, noncommercial use only under these Terms. SnowCart™ reserves all rights not expressly granted to you. Subject to your strict compliance with these Terms, SnowCart™ hereby grants you a nonexclusive, personal, limited, nonsublicensable, nontransferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own personal, noncommercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. SnowCart™ may revoke this license at any time, in its sole discretion, without your consent or notice to you. You may not modify, alter, reproduce, distribute or make the Platform 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 Platform. 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 Platform, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.



Payment


Subscription Plans


SnowCart™ currently offers subscriptions for use of the Platform based upon a monthly or annual membership.Monthly Membership is currently US$50 per month for four (4) standard deliveries. Standard Delivery implies to Place Order option or the PreBooked option which you opt into using. Rates may apply additional charges if User is out of service range. Annual Membership is currently US$500 per month for fifty (50) standard deliveries. Standard Delivery implies to Place Order option or the PreBooked option which you opt into using. Rates may apply additional charges if User is out of service range. Additional deliveries will result with additional charges. For additional information or questions, please read the SnowCart™ Subscription Terms and Conditions or contact us at support@snowcart.com.


Payment Authorization


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 preauthorization 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 preauthorization 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 preauthorization 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 seven (7) business days to receive access to these released funds. In the event that the preauthorization 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 preauthorization 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.


Delinquent Accounts


If payment due on your Account is delinquent, we reserve the right to suspend or terminate your access to the Platform at any time without your consent or notice to you; 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 subscription is not paid in a timely manner, we reserve the right to revoke access to your 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 subscription or convert your subscription to a nonsubscription 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 support@snowcart.com. 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 prevent any interruption to your use of 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.


User Not Present; Failed Delivery


You understand and agree that SnowCart™ reserves the right to charge you the full order amount, including any Fees, if a courier is unable to deliver your order because you are not present or available at the designated delivery location when the courier arrives or if you fail to pick up an order from a merchant within the designated pickup time.


Cancelled Orders


If you cancel your order, you may still be charged Fees depending on what stage your order was in when we received your cancellation. You will be notified of any applicable Fees and other charges before you complete your cancellation within the Platform. You can learn more about order cancellations by emailling us at support@snowcart.com.


Returned Items


If an item in your order has to be returned for any reason, you may be subject to a nonrefundable $10 return/restocking fee per item. For alcohol items, SnowCart™ does not accept orders of Alcoholic Beverages reserves the right to refuse delivery at any given time.


Gift Cards


SnowCart™ may provide you with the option to purchase or redeem gift cards in connection with your use of the Platform. By purchasing or redeeming any gift cards, you acknowledge and agree that you will abide by all of such gift card’s terms and conditions, which shall govern and control your use of such gift cards.


ThirdParty Interactions


Links from thirdparties accessing or using the Platform, you hereby also hyper(“links”) Such links are provided for convenience only. SnowCart™ does not endorse, approve, or sponsor any thirdparties or websites to which such links resolve, or any thirdparty content, advertising, information, materials, products, services, or other items. Furthermore, SnowCart™ is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such websites linked.


Merchants


As part of your use of the Platform, you may purchase goods and services from thirdparty merchants (“Merchants”) through the Platform. Any such purchases, and any interactions, claims, disputes, terms, conditions, warranties, or representations involving such Merchants, is solely between you and the applicable Merchant. SnowCart™ shall have no liability, obligation or responsibility for any purchase (including the availability, quality, or acceptability of any items purchased) or transaction between you and any Merchant or other thirdparty provider. In no event shall SnowCart™ be responsible for any content, products, goods, items, services or other materials on or available from any Merchant or thirdparty providers. Certain Merchants and/or thirdparty providers may require your agreement to additional or different terms and conditions prior to your purchase, use of, or access to such items, goods or services; any such additional terms and conditions are strictly between you and the Merchant or thirdparty provider and not with SnowCart. SnowCart™ disclaims any and all responsibility or liability arising from such terms and conditions between you and any Merchant or third party provider.

Couriers


The Platform enables you to engage thirdparty couriers and delivery persons (collectively, “Couriers”) to provide delivery services for orders you make. SnowCart™ does not provide and is not responsible for any such delivery services. Couriers are not employees or agents of SnowCart. Any selection of, interactions or disputes with, 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.

Use of the Platform


By accessing or using or continuing to use any portion of the Platform, you agree to each of the the following:
(1) You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any thirdparty intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
(2) 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;
(3) 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;
(4) You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Platform Account without permission;
(5) 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;
(6) 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;
(7) You agree not to access, tamper with, or use nonpublic areas of the Platform, SnowCart’s (or its hosting company’s) computer systems and infrastructure, or the technical delivery systems of SnowCart’s providers;
(8) 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;
(9) 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;
(10) You agree that your use of the Platform may incur thirdparty fees, such as fees charged by your Carrier for data usage, and may be subject to thirdparty terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
(11) You agree not to introduce viruses, timebombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform.

Orders involving Alcohol


Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may not be purchased through the SnowCart™ Platform by any consumers. 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 thirdparty Merchant accepts your order. SnowCart™ reserves the right to not accept your order of Alcoholic beverages. SnowCart™ is Not a Alcohol Delivery Service Provider.

Consent to Use of Data


Information regarding what data SnowCart™ collects about you, and how it uses, stores, and shares that information, can be found in our Privacy Policy, which is incorporated into these Terms.

Intellectual Property and Trademark Law


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/or 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.


User Content


The Platform may allow Users to be able to submit, upload, denote, or otherwise make available 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") which may or may not be viewable by other users of the Platform in specially designated areas (the "Interactive Areas").

By submitting, uploading, sharing, or commenting on, any User Content, you acknowledge and agree that your submission of or interaction with any User Content shall be deemed, and shall at all times remain, the exclusive property of SnowCart™ and regardless of your continued access or use of the Platform and duration of these Terms. SnowCart™ will not be obligated to provide any compensation for User Content that you submit or share on or through the Platform. You agree that User Content that you submit or share on or through the Platform shall be deemed nonconfidential and nonproprietary to you, and SnowCart™ shall have no obligation of any kind with respect to such information. When you submit or share User Content on or through the Platform, you grant SnowCart™ a worldwide, perpetual, irrevocable, royalty free, and sub licensable (through all tiers) 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 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 promoting and distributing 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 Account username and/or other Account information, including, without limitation, your ratings, ratings history, and how long you have been a User so as to attribute User Content to you, if we choose to do so. Further, SnowCart™ shall be free to use any ideas, concepts, knowhow or techniques contained in any 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 these Terms, the Platform, or your Account.


User Content Representations and Warranties


You acknowledge and agree that all User Content that created or shared by you is your sole responsibility. You represent that you have all required rights to submit or share such User Content without violation of any intellectual property or other thirdparty rights. , disputes, or controversies which you have submitted or shared on or through the Platform claims, , or controversies that you will fully

As a viewer or recipient of User Content, you understand that SnowCart™ does not control, edit, endorse, 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, misinformation, misleading statements, and other inadvertent errors or inaccuracies. endorse any that will any

You acknowledge and agree that SnowCart™ may but shall have no obligation to) monitor, prescreen, or edit any 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 permanently any User Content that is submitted or shared on or through the Platform. Additionally, SnowCart™ has the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole and absolute discretion.


Ratings and Reviews


The Platform and certain Interactive Areas may allow you to give ratings ("Ratings") and submit feedback or reviews ("Reviews") of Merchants with whom you have transacted using the Platform. 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 above.


Ratings and Reviews do not represent the position, view, or or opinion 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, you shall not submit any Ratings or Reviews to or through the Platform unless each of the following apply:

(1) you have had firsthand experience with the rated or reviewed Merchant within no more than seven (7) days prior to your submission of the Rating or Review;
(2) you must not have any familial, ownership, financial, or other interest, relationship or affiliation with the Merchant being rated or reviewed, or any of its competitors; (3) you may not draw any legal conclusions regarding the Merchant’s products, services, or conduct; (4) you will not promote or criticize any other Merchant in your review other than the one being rated or reviewed; (5) your review may not contain the personal information or data of any other individual; and (6) your Rating or Review must otherwise comply with these Terms.

Any Rating or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews features of the Platform, the Platform itself, or SnowCart, may be removed or excluded by us without notice or your consent.


Communications



Text messaging


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 in your Account profile. 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 optout of receiving marketing or other promotional text messages at any time by following the optout instructions contained in the text message or by sending an email to us at: 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. 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 optout 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 mobile device carrier for details.


Push Notifications


When you install the 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” area.


SnowCart™ Emails


From time to time, SnowCart™ may send you emails regarding your Account, as well as special offers, our products and services, as well as those of affiliated thirdparties. You may unsubscribe from these promotional emails at any time by following the unsubscribe instructions contained in such email or by contacting us with your request to support@snowcart.com. Keep in mind that you may continue to receive emails from us or our third party partners for a short period while we processes your unsubscribe request.


ESign Disclosure


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 support@snowcart.com 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 support@snowcart.com with contact information and the address for delivery.


Indemnity


You are solely responsible for your use of the Platform, and you agree to defend, indemnify, and hold harmless SnowCart™ and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents (collectively, the “SnowCart™ Parties”) 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:


i. Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

ii. Your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

iii. 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 of a claim 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 our 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 Platform.


You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to or use of the Platform.


Limitation of Liability


IN NO EVENT SHALL SNOWCART’S 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, ANY SNOWCART™ PARTIES,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, THE SNOWCART™ PARTIES, 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™ AND THE SNOWCART™ PARTIES FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, AND THE ITEMS THEY PROVIDE. SNOWCART™ NOR ANY SNOWCART™ PARTY 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 THIRDPARTY 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.


SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.


Notice


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 profile. It is your obligation to update your Account information so that we may contact you as may be necessary. Any such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., USPS mail) is used, then such notice shall be deemed to have been given seven (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 USPS first class postage prepaid to SnowCart™ at the following address:


SnowCart LLC.

1664 E. Florence Blvd. Suite 4-144
Casa Grande, AZ 85122
Attention: Legal Department


Assignment


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 to you or your consent. 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 or your consent. 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 Platform, and ceasing use of the Platform.


Modifications


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. Such modifications 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 these Terms will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this section is not enforceable or valid, then this section shall be severed from these Terms and the court or arbitrator shall apply the prior version of Terms in existence after you began using the Platform. You may otherwise reject any such modifications or changes by sending us written notice within thirty (30) days of the modification or change at the address contained in the Notice section above, in which case your Account with SnowCart™ will be immediately terminated and these Terms, except for such provisions which expressly survive any termination, shall be considered terminated as between you and SnowCart, and you will not attempt any further access or use of the Platform.

We reserve the right to update or modify these 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 access or 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 create your SnowCart™ Account, through a popup window on the Platform, or other mechanism which we may determine.
You acknowledge and agree that if SnowCart™ modifies any provision of these Terms, then such change or modification 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 on the Platform.

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 visit the Site and 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 Pinal County, AZ for the purpose of litigating any dispute, claim or controversy.


U.S. Use Only


We operate the Platform from our offices in the United States and, specifically, the State of Arizona, and we make no representation that any operation, content, or service provided by or through 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 thirdparty provider as a result of these Terms or use of the Platform.


Relationship with SnowCart


No joint venture, partnership, employment, or agency relationship exists between you, SnowCart™ or any thirdparty provider as a result of these Terms or use of the Platform.


Waiver and Severability


Except as otherwise provided in these Terms, 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 that these Terms are between you and SnowCart™ only and not with Apple ("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 thirdparty 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 thirdparty 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 thirdparty beneficiary of these Terms.


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