TERMS AND CONDITIONS For "Meusu"
1. Contractual Relationship
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Meusu. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Meusu may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Meusu may amend the Terms related to the Services whenever necessary. Amendments will be effective upon Meusu's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Meusu's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule deliveries, logistics, and/or personal assistant services with third party providers of such services, including independent third party delivery providers, independent transportation providers, independent third party logistics providers, and independent personal assistant providers ("Third Party Providers"). Unless otherwise agreed by Meusu in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT MEUSU DOES NOT PROVIDE INDEPENDENT DELIVERY, INDEPENDENT LOGISTIC, INDEPENDENT TRANSPORTATION, INDEPENDENT LOGISTICS, AND/OR INDEPENDENT PERSONAL ASSISTANT SERVICES, OR FUNCTION AS A DELIVERY, TRANSPORTATION, LOGISTIC, AND/OR PERSONAL ASSISTANT CARRIER OR COMPANY. MEUSU'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERIES, LOGISTICS, TRANSPORTATION, AND/OR PERSONAL ASSISTANT SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MEUSU HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OF THE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF MEUSU, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
MEUSU DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. MEUSU WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. MEUSU SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.
Subject to your compliance with these Terms, Meusu grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Meusu and Meusu's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Meusu; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by express written permission from Meusu; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under Meusu's various brands or request options associated with transportation, logistics, deliveries, and personal assistant services. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Meusu subsidiaries and affiliates; and/or (ii) independent Third Party Providers.
Third-Party Services and Content
The Services and all rights therein are and shall remain Meusu's property or the property of Meusu's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Meusu's company names, logos, product and service names, trademarks or services marks or those of Meusu's licensor.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Meusu certain personal information, such as your name, address, mobile phone number, age, and if needed, a valid credit/debit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card/debit card on file (if a credit card/debit card was needed), may result in your inability to access and use the Services or Meusu's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Meusu in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive or execute deliveries, transportation, logistics, and/or personal assistant services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances Meusu may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
Meusu may, in Meusu's sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider's services, subject to terms that Meusu establish on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Meusu; (iii) may be disabled by Meusu at any time for any reason without liability to Meusu; (iv) may only be used pursuant to the specific terms that Meusu establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Meusu reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Meusu determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
Meusu may, in Meusu's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Meusu through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Meusu, you grant Meusu a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Meusu business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Meusu the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Meusu's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Meusu in its sole discretion, whether or not such material may be protected by law. Meusu may, but shall not be obligated to, review, monitor, or remove User Content, at Meusu's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Meusu does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in payments by you for the services you receive from a Third Party Provider ("Charges"). After you have received services obtained through your use of the Service, Meusu will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Meusu. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Meusu will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service. If payment method preferred between the third party and you is cash, you and the third party will facilitate the payment.
All Charges are due immediately and payment will be facilitated by Meusu using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Meusu may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
5. Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MEUSU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MEUSU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
LIMITATION OF LIABILITY
ALL USERS OF MEUSU, INCLUDING THIRD PARTY PROVIDERS ARE AWARE AND AGREE THAT USERS AND/OR THIRD PARTY PROVIDERS ARE NOT EMPLOYEES, AFFILIATES, PARTNERS, OR MEMBERS OF MEUSU. AS SUCH, MEUSU SHALL NOT BE LIABLE TO YOU FOR INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF MEUSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEUSU SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MEUSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEUSU SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MEUSU'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY DELIVERY, TRANSPORTATION PROVIDERS, PERSONAL ASSISTANT SERVICE PROVIDERS, PROVIDING ANY SERVICE REQUESTED THROUGH MEUSU MAY OFFER THOSE SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED TOO. MEUSU SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY OBLIGATIONS ARISING OUT OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDERS.
You agree to indemnify and hold Meusu and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Meusu's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Meusu, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Meusu are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Meusu otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law
Arbitration and dispute resolution will be held in the State of Louisiana. Moreover, Louisiana law will govern all legal processes.
The party who initiate any legal proceeding will be responsible for their own attorney, litigation, legal, arbitration, and dispute resolution costs. If Meusu prevails in arbitration, litigation, and/or dispute resolution, Meusu holds the right to seek reimbursement for all costs associated with the arbitration, litigation, and/or dispute resolution.
7. Other Provisions
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Louisiana, U.S.A., without giving effect to any conflict of law principles.
The Company may give notice by means of a general notice on the Services; electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Meusu, with such notice deemed given when received by Meusu, at any time by first class mail or pre-paid post to mailing address provided in the contact tab on the Meusu webpage.
You may not assign these Terms without Meusu's prior written approval. Meusu may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Meusu's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Meusu or any Third Party Provider as a result of this Agreement or use of the Services. 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. Our failure 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 Meusu in writing.
Terms And Conditions for "The MilkMen"
Last updated: November 10, 2015
Thank you for using The Milkmen! These Terms of Service (“Terms”) govern your use of The Milkmen services, including our website and mobile applications (the “Services”), and are entered into by you and MEUSU, LLC, Inc. (d/b/a The Milkmen), a New Orleans corporation (“The Milkmen”).
The Services comprise a platform that presents you with a set of retailer virtual storefronts from which you can select goods for picking, packing and delivery by individual personal shoppers (“Personal Shoppers”) to your location or, if available, for you to pick up in-store. In some cases, picking, packing or delivery services may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”).
When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that The Milkmen and the Personal Shopper are acting as your agents in picking, packing and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailers you have selected, and that title to any goods passes to you when they are purchased at the applicable retailers’ stores. The Milkmenwill obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased from the retailers and any separate The Milkmenfees, and your card will be charged for the goods purchased by you and any applicable fees.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and The Milkmen, The Milkmen does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
1. Your Use of the Services
The Milkmen grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services.
Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant The Milkmena non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. The Milkmen may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using The Milkmen on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. The Milkmen reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant The Milkmen the right to use such feedback or comments for any purpose without restriction or payment to you.
2. The Milkmen Express
The Milkmen Express is an optional subscription-based membership program that offers unlimited 2-hour and scheduled deliveries through the Services for a term-based subscription fee. If you choose to sign up for The Milkmen Express, we will bill you the applicable fee after your free trial period has expired. If you choose not to renew The Milkmen Express before the trial period has expired, we will not charge you. You may choose not to renew your Milkmen Express membership at any time from the Account Info page. If you want to cancel an active The Milkmen Express membership, you can contact us at happycustomers@TheMilkmen.com.
We may change the fee charged for The Milkmen Express at any time, but any such fee change will not apply to current The Milkmen Express members until such time as your current membership expires and your membership is renewed for another term.
We may change other terms or conditions applicable to The Milkmen Express from time to time. Any new or renewed The MilkmenExpress memberships will be subject to the terms and conditions active at that time and displayed when you sign up for The MilkmenExpress. We may also make such changes with respect to current The Milkmen Express memberships. In that case, we will provide you with notice by email of the changes and when those changes take effect. We will also offer you the ability to cancel your The Milkmen Express membership and receive a refund of your membership fee on a pro rata basis calculated from the end of the month during which you cancel the membership.
3. The Milkmen Deals
The Milkmen “Deals” are manufacturer’s coupons that are automatically applied to qualifying products upon purchase to help users save money on the products they love. Deals are available for a limited time only and may be subject to change, cancellation or expiration at any time. If you do not purchase the qualifying items added to your cart while the Deal is still in effect, the discount will not apply. Deals apply only to qualifying items displaying the offer and may not be combined with other promotional offers. The Milkmen is not a retailer or seller. Deals are issued and paid by the manufacturer of the advertised product. The user is required to pay any applicable sales tax related to use of the Deal. When Deals are redeemed, sales tax may be charged on the undiscounted original price of the product. Deals may not be sold, copied, modified, or transferred. A Deal has no cash value. Offers good while supplies last. Void where restricted or prohibited by law.
4. Transactions involving Alcohol
You may have the option to order delivery of alcohol products in some locations and from certain retailers. You agree that you will comply with all applicable laws and not cause The Milkmen, your Personal Shopper, or any retailer to contravene any applicable laws. If you receive your delivery in the United States, you agree that you are 21 year of age or older if you order alcohol products. If you receive your delivery in another country, you agree that you are of legal age to purchase alcohol products in the relevant jurisdiction. If you order alcohol products, you understand and acknowledge that neither The Milkmen nor Personal Shopper can accept your order of alcohol products, and the order will only be delivered if the retailer accepts your order. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Personal Shopper delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that if any applicable legal requirements for the delivery of alcohol are not met, The Milkmen reserves the right to cancel the alcohol-related portion of your order.
5. Third-party Products and Content
You agree that The Milkmen does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that The Milkmen will have no liability based on such purchase, use or access.
6. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MILKMEN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, THE MILKMEN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE MILKMEN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
YOU AGREE THAT NEITHER THE MILKMEN NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER. NEITHER THE MILKMEN NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.
If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release The Milkmen (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Furthermore, you expressly waive any rights you may have under New Orleans Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE MILKMEN(INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MILKMEN , ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO THE MILKMENFOR THE PAST 12 MONTHS OF THE SERVICES.
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless The Milkmenand its officers, directors, employees, agents and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
9. Disputes & Arbitration
If you have a dispute with The Milkmen arising out of your use of the Services, this Section 9 applies. You agree to contact us first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and The Milkmen agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE MILKMEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing us at arbitration-opt-out@TheMilkmen.com with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here:http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here:http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.
The arbitration will be held in the United States county where you live or work, New Orleans, Louisiana or any other location we mutually agree upon in writing.
Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, The Milkmen will pay for your reasonable arbitration fees where: (a) the claim for damages does not exceed $75,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). The Milkmen will not seek attorneys' fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
You can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice. In the event of Termination, Section 1 and Sections 4-15 survive and continue to apply to you.
11. Controlling Law
These Terms will be governed by the laws of the State of New Orleans, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 7 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of San Francisco County, New Orleans, USA, and you and The Milkmen consent to the personal jurisdiction of those courts.
12. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with The Milkmen, shall constitute the entire agreement between you and The Milkmen with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
13. No Waiver
The Milkmen’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Milkmen may assign its rights, licenses, and obligations under these Terms without limitation.
15. Changes to the Terms
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
16. Copyright Policy
The Milkmen respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. The Milkmen will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.
If you believe any content posted or made available on the The Milkmen Services constitutes infringement of your copyright rights, you may send a written notice of infringement to The Milkmen ’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the The MilkmenServices (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
ATTN: Copyright Agent
209 East Pin Oak Dr
St. Rose, LA 70087
16. Contact Information
If you have any questions, complaints or comments about the Services contact us at:
209 East Pin Oak Dr
St. Rose, LA 70087
For customer service inquiries visit our Help Center.