Effective Date: January 30, 2017

IMPORTANT NOTICE: THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.

INTRODUCTION

This Terms of Use (these “Terms”) constitutes a legally binding agreement between Valley Delivery, LLC (the “Company,” “we,” “us”) and you, with respect to your use of all properties (websites, mobile application, telephone service or otherwise) owned or operated by the Company and our affiliates (collectively, the “Properties”), and all products and services offered by or made available from the Company and our affiliates or other third parties in connection with the Properties (individually and collectively with the Properties, the “Services”).

Changes to Terms

We may modify these Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

Consent

You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

Limited Liability

This Website is provided by us on an AS IS and on an AS AVAILABLE basis. To the fullest extent permitted by applicable law, we make no representations or warranties, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. We shall have no liability for any interruptions in the use of this Website.

Compliance with Laws

By using the Website, you assume all knowledge of applicable laws related to use of the Website and are responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Disclaimer Regarding Information Provided by You

Our Privacy Policy sets out how we use the personal data of people who use this Website. By using this Website, you agree to the way in which we process your personal data in the manner set out in these Terms and our Privacy Policy. Except as otherwise expressly set forth in our Privacy Policy, you agree that we have permission to store, index, manipulate disclose or resell any information you provide through the Website. Such information will be (a) treated as non-confidential and non-proprietary by us, (b) become our property and we shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by our licensees and affiliates at their sole discretion without any obligation, compensation or other liability to you, unless otherwise set forth in our Privacy Policy.

Our Intellectual Property

You acknowledge that we own all intellectual property rights used in and relating to this Website, including without limitation: (a) the trademarks “Valley Delivery” and related logos; (b) the design, text, graphics, articles, blogs and other content of the web pages on this Website, together with all the web addresses associated with those web pages; and (c) in all the software used in relation to this Website, other than that which we use under license.

In addition, all intellectual property in text, graphics, data or other materials provided by us, shall be owned by us. We hereby grant you a non-exclusive, non-transferable, personal and limited license to access and use this Website. However, you must not use our trademarks, service marks, trade names, logos, trade dress, meta-tags or other hidden text without our express written permission (which may be granted or withheld in our absolute discretion).

Suggestions

If you elect to provide or make available to the Company any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), the Company will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.

Indemnification

You agree to indemnify, defend and hold us and our members, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms or your use of the Website.

Governing Law

You agree that these Terms, the Privacy Policy and any dispute arising from or related to the Services or these Terms will be governed solely by United States and Arizona State law, without regard to conflict of law provisions. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of entering judgments on arbitral awards.

Assignment

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with the Company’s prior written consent, but may be assigned by the Company without restriction and without notice to you.

Entire Agreement and Severability

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications of any kind between you and the Company. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Third Party Beneficiaries

Neither these Terms nor the Privacy Policy create any right of action on the part of any third party.

Attorney Fees

If any of the Company take legal action against you as a result of your violation of these Terms, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company.

Contact Us If you have questions about these Terms, please contact us by email at offers@valley-delivery.com