Cart Delivered

Terms of Use

Thank you for using ”CartDelivered”, a service provided by Symbient Product Solutions, LLC, an Arkansas limited liability company, (“Symbient,” “we,” “our” or “us”). These Terms of Use (the “Terms”) explain the agreement you make with us when you access and use our mobile applications, websites, software, resources, and other services (collectively, the “Symbient Services”).

PLEASE REVIEW THE TERMS CAREFULLY. BY USING THE SERVICES YOU AGREE TO BE BOUND BY EVERYTHING IN THE TERMS. IF YOU DO NOT AGREE, YOU SHOULD STOP USING THE SERVICES IMMEDIATELY.

1. The Symbient Services

These Terms apply to all websites, software, mobile applications, tools and resources developed, offered or operated by Symbient. The Terms apply to you and all other users of the Symbient Services (“you,” and “User(s)”). Unless otherwise specified in these Terms, use of the term “User(s)” or “you” will include Shoppers as well as Customers (as each are defined below).

By using the Symbient Services, you acknowledge and agree that the Symbient Services are only a platform for facilitating voluntary connections between (i) individuals (“Customer(s)”) who want to order food, beverage and other grocery items (collectively, "Groceries") and (ii) individuals ("Shopper(s)") who want to assist Customers by shopping for, retrieving and delivering the Groceries (collectively, along with any other services provided by such individual, the “Shopper Services”) to and on behalf of Customers who have authorized the Shopper to purchase such Groceries. You further acknowledge and agree that Symbient does not provide Shopper Services and does not otherwise provide shopping, transportation, carrier or labor services to any User. In other words, Symbient only provides information about Customers and Shoppers, and provides the marketplace for those Customers and Shoppers to connect and choose to do business with each other, each at their independent discretion.

Accordingly, by using the Symbient Services, you acknowledge and agree that Symbient will have no responsibility or liability for any services independently accepted, provided or exchanged between Customers and Shoppers via the Symbient Services platform and will have no responsibility or liability for any consequence of the same. For the sake of clarity, and without limiting the generality of the foregoing, the preceding sentence expressly includes all Shopper Services.

You further acknowledge and agree that (i) individual Shoppers act as the direct agent of the Customer in carrying out the Shopper Services, and (ii) Symbient has no relationship with Shopper or with Customer other than as set out in these Terms.

In addition to the various other disclaimers set out in this Agreement, you acknowledge and agree that Symbient (i) does not guarantee the performance, suitability, safety or ability of Shoppers or Customers, (ii) does not provide, warrant or guarantee equipment or insurance for Shoppers, (iii) does not control delivery schedules, (iv) does not supervise Shoppers, and (v) does not otherwise specify, control, warrant or guarantee how Shoppers perform Shopper Services. It is Customer’s exclusive responsibility to determine if a Shopper will meet Customer’s needs and expectations, and it is Shopper’s exclusive responsibility to determine if a Customer will meet Shopper’s needs and expectations. It is between each individual Customer and Shopper whether there are any specifications or limitations on how Shopper performs, or causes to be performed, the Shopper Services. Symbient does not assert or maintain control over any other aspect whatsoever of any Shopper Services.

As a general policy, you are and will be exclusively responsible and liable for your use of the Symbient Services and for any consequence that arises out of or is related to your use of the Symbient Services. Without limiting the generality of the foregoing, the preceding sentence expressly includes all claims, liability, obligations, damages, costs and expenses (whether actual or threatened) that arise out of or are related to Shopper Services or in any way related to your transactions or relationships with Customers or Shoppers, including, without limiting the generality of the foregoing, personal injury, death, property damage, and monetary loss. Shoppers and Customers will be individually and exclusively responsible, in the event of a vehicle accident or other property damage, for all necessary action and compliance with respect to claims made on either party’s insurance carriers.

By using the Symbient Services, you acknowledge and agree that Symbient will not be responsible or liable to you or any third party for any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms generally. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and you will be solely responsible.

Symbient will not participate in disputes between Customers and Shoppers, except as expressly set out in these Terms.

Some terms apply specifically to Shoppers. Those terms are found in Section 4 below.

We may change the Symbient Services from time to time without notice. We may stop providing the Symbient Services, or restrict use of the Symbient Services, without notice and for any reason.

We rely on third-party providers for certain parts of the Symbient Services. Because of this and for other reasons, the Symbient Services may be unavailable, interrupted or terminated from time to time for many reasons (including routine maintenance).

By using the Symbient Services, you agree that Symbient will not be responsible or liable to you or any third party for any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms generally, unless specifically described otherwise in these Terms.

2. Eligibility and Obligations for all Users

You must be able to form a legally binding contract to use the Symbient Services. By using the Symbient Services, you represent that you are able to do so. If you are under 18 years old, your parent or guardian must enter into this Agreement on your behalf. That parent or guardian will be responsible for your use of the Symbient Services, including financial responsibility. Persons under 13 years old are expressly prohibited from using the Symbient Services. Any attempt by a person under the age of 13 to use the Symbient Services will be automatically void. If Symbient receives credible notice that a User is under 13 years old, we will automatically remove the account associated with the User and delete all information about and from that User from the Services.

You must create an account with Symbient (your “Account”) to receive the full benefit of the Symbient Services. You agree to provide truthful and complete information for your Account. If you create an Account as or on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. You are solely responsible and liable for safeguarding the security and accuracy of your Account and notifying Symbient of any unauthorized use of your Account.

To the extent you are allowed to register for the Symbient Services by using existing third-party accounts or profiles (ex: Facebook Connect), you acknowledge that you will also be subject to the thirdparty terms and conditions associated with those third-party services if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security.

Access to and use of password protected and secure areas of the Symbient Services is restricted to authorized Users. Unauthorized persons who access or attempt to access these parts of the Symbient Services will be prosecuted.

You are solely responsible and liable for all activity that occurs on and through your Account, or in connection with your Account. THIS SPECIFICALLY INCLUDES ALL TRANSPORTATION, SHOPPING, HAULING, LIFTING, LABOR, CARRIER, AND ANY OTHER SERVICES THAT YOU CHOOSE TO PROVIDE OR PURCHASE THROUGH THE SYMBIENT SERVICES (AND ALL CONSEQUENCES OF THOSE SERVICES).

By using the Symbient Services, you acknowledge that you may be exposed to situations that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of the Symbient Services is at your own risk and judgment.

There are certain things you cannot do on the Symbient Services:

You will not provide false information; create an account for anyone other than yourself without that person’s permission; use a name of another person with the intent to impersonate or disparage that person; use a name that is subject to rights of a third party without the proper authorization; or use a name or post any content anywhere on the Services that is offensive, vulgar, obscene or otherwise unlawful.

You will not provide services to or otherwise have any interactions with any other User that are injurious, threatening, violent, abusive, harassing, defamatory, invasive of privacy, tortious, obscene, vulgar or profane to the User. You will not provide any services or conduct any action on or through the Services that are (i) in furtherance of illegal activities, (ii) false, fraudulent or deceptive; or (iii) otherwise unlawful.

You will not reverse engineer, reverse compile, reduce to human readable form or derive (or attempt to derive) the source code of any software associated with the Symbient Services. In these Terms, “reverse engineer” will mean the examination or analysis of the Symbient Services to determine the source code, structure, organization, internal design, algorithms or encryption devices of the underlying technology of the Symbient Services.

You will not access or tamper with non-public areas of the Symbient Services, including, without limiting the generality of the foregoing, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Symbient Services without the prior consent of Symbient; use the Symbient Services to send altered, deceptive or false information; or interfere with or disrupt (or attempt to do so) any User, host or network, including, without limiting the generality of the foregoing, sending a virus, overloading, flooding, spamming or scripting the Symbient Services.

You will not create or help create any product or service that is derivative or competitive with the Symbient Services.

You may not use the Symbient Services to circumvent or violate any law or regulation that establishes restrictions on or relating to specific food, beverage, or other products. Without limiting the generality of the foregoing, you acknowledge and agree that the preceding sentence includes alcoholic beverages, tobacco products and medical and healthcare products (collectively and generally, “Restricted Products”). Restricted Products may only be purchased by individuals, including, without limiting the generality of the foregoing, Customers, who meet the mandatory legal requirements of such purchase ("Legal Requirements"). If you are a Customer that includes Restricted Products in a request to a Shopper, you expressly represent and warrant that: (i) you satisfy all Legal Requirements; and (ii) you will provide bona fide identification and verification confirming your Legal Requirements to your Shopper on delivery of such Restricted Products to you pursuant to the Shopper Services.

If you are a Shopper that agrees to purchase Restricted Products at the request of a Customer, you expressly represent and warrant that: (i) you satisfy all Legal Requirements; and (ii) you will request and obtain bona fide identification and verification confirming the Customer’s Legal Requirements on delivery of such Restricted Products to the Customer pursuant to the Shopper Services. You acknowledge and agree that individual Shoppers will have the exclusive discretion to accept or reject requests to purchase Restricted Products in connection with any request for Shopper Services. With respect to any Shopper Services that include Restricted Products, Customer and Shopper each separately warrant and covenant that each will obey and satisfy all applicable laws and regulations in connection with the purchase and delivery of the Restricted Products, and further acknowledge and agree that Symbient will have no liability or responsibility to anyone with respect to any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this paragraph.

Symbient reserves the right to modify the pricing and fees related to use of the Symbient Services. Symbient will post current pricing information and payment policies on the Services at www.cartdelivered.com. All payments will be due and payable immediately on completion of individual Shopper Services via the Symbient Services. All payments to Symbient through the Symbient Services will be non-refundable.

We may offer special promotional offers through the Symbient Services that may or may not apply to you or your Account. By using the Symbient Services, you agree to be bound by the terms of the special offers.

The Symbient Services may not be available in all geographic areas. The Symbient Services are available only to Users with individual resources capable of supporting, using, and performing the Symbient Services. You are solely responsible for obtaining the resources capable of supporting and performing the Symbient Services.

Symbient may, in its sole discretion and for any reason, (i) refuse to offer the Symbient Services to any person or entity, or with respect to any item or thing, or (ii) change the eligibility criteria for the Symbient Services at any time. You may voluntarily cancel your Account at any time through your Settings page. Without limiting the generality of the foregoing, you acknowledge and agree that the preceding sentence includes the ability to require background checks and verification of any and all information reasonably related, in the sole discretion of Symbient, to the performance of Shopper Services.

Although we may impose certain requirements on Users by and through these Terms, such as that Shoppers must maintain certain insurance coverage (see below), Symbient does not verify or otherwise control or guarantee compliance with such requirements by Users. Instead, as stated above and below in these Terms, Users are and will be exclusively responsible and liable for their use of the Symbient Services and for any consequence that arises out of or is related to their use of the Symbient Services.

Failure to comply with any of the terms and obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that Symbient will not be liable, and you will indemnify, hold harmless and reimburse Symbient for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees, appellate costs and fees, and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.

3. Eligibility and Obligations as a Shopper

The terms of this Section 4 apply to all Shoppers.

Shopper must comply with all applicable federal, state and local laws with respect to the actions performed by Shopper on and through the Symbient Services, including, without limiting the generality of the foregoing, all Shopper Services.

Shopper must be at least 18 years of age. If Shopper intends to provide Shopper Services via the use of a motor vehicle: (i) Shopper must have a valid United States driver’s license, (ii) Shopper must be legally authorized and able to operate the motor vehicle,(iii) Shopper must have all appropriate federal, state and local licenses, approvals and authority necessary to provide transportation and carrier services in all locations that the Shopper performs the Shopper Services, (iv) Shopper must own, or have the legal right to operate, the vehicle the Shopper uses when providing Shopper Services, And (v) Shopper’s vehicle(s) must be in good operating condition and meet all industry safety standards and all other applicable statutory and state requirements.

In all circumstances, Shopper must have a valid liability insurance coverage (in coverage amounts consistent with all applicable legal requirements) that will be enforceable against and cover any anticipated claims and expenses related to providing Shopper Services through the Symbient Services.

Shopper will provide true and accurate responses (and will provide prompt updates, as necessary) to all information requested by Symbient related to Shopper, including, without limiting the generality of the foregoing, personal information, insurance information and vehicle information, as applicable. Shopper will not perform any services on or through the Symbient Services if any information provided to Symbient about the Shopper has materially changed and has not been reported to Symbient, or in any vehicle not reported to Symbient.

Shopper will not make any false or misleading representation to Users about or in connection with services performed on or through the Symbient Services or about Symbient.

Shopper acknowledges and agrees that Symbient does not assert or maintain control over the quality, timing, legality, failure to provide, failure to pay, or any other aspect whatsoever of any Shopper Services or Groceries. It is between each individual Customer and Shopper whether there are any specifications or limitations on how Shopper performs, or causes to be performed, the Shopper Services. You agree that Symbient has no responsibility or liability to you related to any Shopper Services.

Shopper will be individually and solely responsible for all claims, liability, obligations, damages, costs and expenses (whether actual or threatened) that result from or in connection with a Shopper providing Shopper Services via the Symbient Services, including, without limiting the generality of the foregoing, personal injury, death, property damage, and monetary loss. Shoppers and Customers will be individually and exclusively responsible, in the event of a vehicle accident or other property damage, for all necessary action and compliance with respect to claims made on either party’s insurance carriers.

In addition to the foregoing, Shopper acknowledges and agrees that Symbient may restrict access to the Symbient Services and restrict authority to provide Shopper Services via the Symbient Services based on other contingent factors, including the receipt of additional information requested by Symbient in Symbient’s sole discretion. Shopper acknowledges and agrees that this may include authorizations for Symbient to obtain the driving records, criminal records and consumer records of the Shopper.

By using the Symbient Services, each Shopper represents and warrants that (i) all of the foregoing representations and requirements are true, (ii) he or she will provide true and complete information to Symbient before providing any services on or through the Symbient Services, and (iii) if any of the foregoing representations and requirements become untrue, Shopper will provide fully updated information before providing any further services on or through the Symbient Services. Further, by using the Symbient Services, each Shopper acknowledges and agrees that Symbient will not be liable, and that the Shopper will indemnify, hold harmless and reimburse Symbient, for any consequence, loss, damage or expense (direct or indirect) (including all attorneys’ fees, appellate costs and fees, and settlement amounts) arising from or relating to Shopper’s failure to comply with any of the terms and obligations set out above.

Failure to comply with any of the terms and obligations set out in this Section 4 will be a breach of these Terms and may result in termination of your Account and prosecution for damages.

4. Use, Information, and Content on the Symbient Services

You will have exclusive responsibility and liability for all information and content published on or through your Account, whether publicly posted or privately transmitted. Symbient is not responsible or liable for any User information or content, or any consequence, loss or damage (direct or indirect) caused by or related to User information or content.

Symbient does not represent or guarantee completeness, truthfulness, accuracy, appropriateness or reliability for any content or information posted on the Symbient Services, or endorse any opinion expressed on the Symbient Services. If you choose to use or rely on information or content posted on or obtained through the Symbient Services (whether published by Users or Symbient), you understand that your use or reliance is at your own risk.

By using the Symbient Services, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, misleading or otherwise deceptive. Symbient does not monitor content provided by Users and will not censor or remove User Content, except in the limited circumstances described in these Terms. You agree that Symbient will not be responsible or liable for any content on or made available through the Symbient Services under any circumstance.

When you provide information on or use the Symbient Services as a User, or provide shopping, transportation, moving, hauling or labor via the Symbient Services as a Shopper, you represent and warrant that your use:

  • Does not include personal identification, financial, or confidential information about yourself that you expect to be treated differently than as described in these Terms and the Privacy Policy;
  • Is not counterfeit or stolen;
  • Does not infringe or violate the intellectual property or proprietary rights of Symbient or any third party;
  • Is not for any unlawful purpose or in furtherance of illegal activities (international users agree to comply with all local laws regarding online conduct and acceptable content);
  • Does not violate any contractual obligation;
  • Is not false, fraudulent or deceptive;
  • Is not threatening, violent, abusive, harassing, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate;
  • Is not unsolicited advertising, junk mailing, or spamming;
  • Does not contain software viruses, malware/phishing or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of Symbient or third party equipment, software, or systems;
  • Does not impersonate any person without such person’s prior consent;
  • Does not include any personal identification, financial, or confidential information of any other person or entity without prior consent;
  • Does not solicit Users or guests to use other on- or off-line services that are competitive with Symbient;
  • Does not attempt by any method to determine source code or underlying algorithms of any part of the Symbient Services;
  • Does not falsely imply affiliation with or sponsorship by Symbient without the prior written consent of Symbient; or
  • Does not breach any of the terms or conditions of these Terms or the Privacy Policy.

Symbient reserves the exclusive right to determine whether information you post or make available on the Symbient Services falls within any of the prohibited categories listed above. We may immediately terminate or suspend your Account without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.

The Symbient Services may include advertisements and other marketing messages from Symbient and its partners. The form and frequency of advertising and marketing messages on the Symbient Services may change without notice to you. By using the Symbient Services you agree that Symbient and its thirdparty partners may advertise on the Symbient Services, including, without limiting the generality of the foregoing, targeted advertisements related to content posted by you or others.

Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that Symbient will not be liable, and you will indemnify, hold harmless and reimburse Symbient for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees, appellate costs and fees, and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.

5. Our License to Your Account and Content

When you use the Symbient Services, you keep your rights to information you submit, post or make available on or through the Symbient Services. However, by using the Symbient Services, you grant Symbient an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for any purpose and in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Symbient to promote and improve the Symbient Services by any action, including promotional or commercial uses, and to make your information available to certain third parties that partner with Symbient. We may modify or adapt your information in order to transmit, display or distribute it in various media, networks, forms and devices.

By using the Symbient Services you agree that you will not be entitled to any compensation from Symbient (or other companies, organizations or individuals who partner with Symbient) for your information or for use of your information, including promotional or commercial uses.

You understand and agree that since your information may be distributed or published by Symbient and our partners, you may be subject to liability if you do not have the legal right to use, submit or publish the information on the Symbient Services. In that event, you will be exclusively responsible for your use of the Symbient Services, for all information and content you submit and publish, and for all consequences arising from both, including the use of your information by other Users and our third party partners. Symbient will not be responsible or liable for any use or consequence of your information (whether by Symbient, a third party partner or other User). By using the Symbient Services, you represent and warrant that you have the necessary rights and authority to use and publish all information and content posted or made available by you on and through the Symbient Services, and to grant the licenses given to Symbient in this Agreement.

Failure to comply with any of the terms and obligations set out in this Section 6 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that Symbient will not be liable, and you will indemnify, hold harmless and reimburse Symbient for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees, appellate costs and fees, and settlement amounts) arising from or relating to your failure to comply with any or all of the terms and obligations set out above.

6. Our Rights as Symbient

Symbient exclusively and perpetually owns and holds all right, title and interest in and to the Symbient Services and all information and content published by Symbient on the Symbient Services. The Symbient Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use the Symbient name or any of the Symbient trademarks, logos, domain names, distinctive brand features or other intellectual property or content in any way.

We reserve the right to terminate, suspend or refuse to provide the Symbient Services, to suspend or terminate Users, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you.

We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve and disclose any User information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to User support requests; and (v) protect the rights, property or safety of Symbient, our Users and the public.

Feedback, comments and suggestions you provide about Symbient or the Symbient Services is entirely voluntary. We are free to use all feedback, comments and suggestions without any obligation or compensation to you.

7. Your License to Use the Symbient Services

When you use the Symbient Services, Symbient gives you a limited, personal, revocable, nontransferable, non-sublicensable, and non-exclusive license to use the Symbient Services. This limited license is only so you may use and enjoy the benefit of the Symbient Services as provided by Symbient and as allowed under these Terms. This license is revocable at will and may be terminated by Symbient without notice to you. All rights not expressly granted to you in these Terms are reserved and retained by Symbient.

8. Intellectual Property Disputes

Symbient reserves the right in its sole discretion to remove accounts and content that are alleged to infringe the intellectual property of others without prior notice or liability to Users. In appropriate circumstances, we may also terminate a User for content violations.

Symbient will respond to notices of alleged infringement that comply with applicable law, including the Digital Millennium Copyright Act of 1998 ( http://www.copyright.gov/legislation/dmca.pdf). If you believe your intellectual property has been used or copied in an infringing way, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the material claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

You must provide this notice to our agent for notice of alleged intellectual property infringement:

CartDelivered
P.O. Box 7812
Little Rock, AR
72217

On receipt of proper notice, we will take the actions that we consider appropriate in our sole discretion, including removal of the challenged material from the Symbient Services and termination of user accounts.

9. Termination

These Terms will continue to apply until terminated by either you or Symbient.

You may end your legal agreement with Symbient at any time for any reason by deactivating your Account(s) and discontinuing your use of the Symbient Services. You do not need to notify Symbient when you stop using the Symbient Services. If you stop using the Symbient Services without deactivating your Accounts, Symbient may eventually deactivate your Account(s) for prolonged inactivity.

Symbient may suspend or terminate your accounts (or quit providing you with all or part of the Symbient Services) at any time for any reason, including, without limiting the generality of the foregoing, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for Symbient; or (iii) the Symbient Services are no longer commercially viable. Symbient reserves the right to suspend or terminate any account in its sole discretion on the basis of negative customer service ratings or customer complaints.

In all such cases, your license to use the Symbient Services will automatically be canceled, except that the following sections will continue to apply: 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12.

10. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of Symbient and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, together with Symbient, the “Symbient Entities”). BY USING THE SYMBIENT SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.

A. The Symbient Services are Available "AS-IS"

Symbient has no fiduciary or special relationship with you. Your access to and use of the Symbient Services are at your own risk. You understand and agree that the Symbient Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. SYMBIENT WILL NOT AND WILL NOT BE DEEMED TO PROVIDE SHOPPING, TRANSPORTATION, HAULING, LABOR, CARRIER OR ANY OTHER SIMILAR SERVICES. SYMBIENT ONLY PROVIDES INFORMATION AND FACILITATES CONNECTIONS BETWEEN INDIVIDUALS WHO MAKE INDEPENDENT, VOLUNTARY, AND SEPARATELY NEGOTIATED DECISIONS ABOUT WHETHER TO TRANSACT FURTHER BUSINESS THROUGH THAT CONNECTION.

Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SYMBIENT ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. SYMBIENT DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SYMBIENT SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BUT NOT LIMITED TO SHOPPER SERVICES, OR (ii) ANY CONTENT SUBMITTED OR PUBLISHED BY A THIRD PARTY OR USER THROUGH THE SYMBIENT SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE. SYMBIENT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND OTHER USERS, SHOPPERS, OR THIRD PARTIES.

The Symbient Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Symbient Services, including, without limiting the generality of the foregoing, risk of loss during the performance of the Symbient Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Symbient Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Symbient Services; (iv) whether the Symbient Services meet your requirements or are available on an uninterrupted, secure or error-free basis; and (v) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Symbient Services or these Terms, including, without limiting the generality of the foregoing, any of the foregoing that arise out of or relate to Shopper Services. No advice or information, whether oral or written, obtained from the Symbient Entities or through the Symbient Services will create any warranty not expressly made in these Terms.

IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS AND MARKETABILITY OF ANY PRODUCT, SERVICE, CONTENT OR INFORMATION AVAILABLE THROUGH THE SYMBIENT SERVICES OR OBTAINED FROM ANOTHER USER, THIRD PARTY OR LINKED SITE, SPECIFICALLY INCLUDED, BUT NOT LIMITED TO, ALL SHOPPER SERVICES.

No independent contractor, agency, partnership, joint venture, employer-employee or franchiserfranchisee relationship is intended or created between Symbient and any User by these Terms or by your use of the Symbient Services.

B. Links

The Symbient Services may contain links to third-party websites or resources. You acknowledge and agree that the Symbient Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by the Symbient Entities of the websites, resources or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party website or resource.

C. Third-Party Providers and Partners

Symbient relies on third-party providers and partners for parts of the Symbient Services, including, without limiting the generality of the foregoing, the payment and fee services and the services independently offered by Shoppers. You acknowledge and agree that the Symbient Entities are not responsible or liable for: (i) the availability, functionality or accuracy of the parts of the Symbient Services provided by third-party providers and partners; (ii) any interruption, delay, suspension or termination of the Symbient Services as a result of third-party providers and partners; and (iii) any consequence, loss or damage (direct or indirect) arising from third-party providers and partners. Without limiting the generality of the foregoing, the term “third-party providers and partners,” as used in the limitations and restrictions set out in the preceding sentences of this paragraph, specifically includes Shoppers. On written request by a User, Symbient will provide (within a reasonable time) a list of the non-confidential third-party providers and partners that are implemented in the Symbient Services. Symbient reserves the right to declare the individual identities of all Shoppers to be confidential in its exclusive discretion, subject to applicable law.

D. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYMBIENT ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SYMBIENT SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER, SYMBIENT OR THIRD PARTY ON OR THROUGH THE SYMBIENT SERVICES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PERSONAL INJURY, PROPERTY DAMAGE AND DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, SHOPPERS OR THIRD PARTIES; (iii) ANY SERVICES PURCHASED OR ACCEPTED ON OR THROUGH, OR CONTENT OBTAINED FROM, THE SYMBIENT SERVICES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHOPPER SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SYMBIENT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SYMBIENT, IF ANY, FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE SYMBIENT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

11. Indemnification

By using the Symbient Services, you agree to indemnify, hold harmless and reimburse Symbient and its officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and all attorneys’ fees, appellate costs and fees, and settlement costs) that arise from or relate to your use or access of the Symbient Services, including, without limiting the generality of the foregoing, any purchase, Shopper Services, information content, or other activity associated with your Account (whether by you or a third party) unless a court of competent jurisdiction enters a final judgment that the claim, liability, obligation, settlement, loss, expense, debt or damage was the result of affirmative and intentional actions or omissions by Symbient. Symbient reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with Symbient in the defense.

12. General Terms

A. Waiver and Severability

The failure of Symbient to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.

B. Controlling Law and Jurisdiction

These Terms and any dispute related to the Terms will be governed by the laws of Arkansas without regard to conflicts of law principles. Subject to the dispute resolution terms set out in Section 13C below, all claims, legal proceedings or litigation arising in connection with the Symbient Services will be brought exclusively in the federal or state courts located in Little Rock, Pulaski County, Arkansas, United States, and you consent to the exclusive jurisdiction and venue of those courts.

C. Dispute Resolution

You agree that you will notify Symbient in writing of any dispute or problem related to the Symbient Services. Symbient will have thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed: CartDelivered Dispute, P.O. Box 7812 Little Rock, AR., 72217.

Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Little Rock, Pulaski County, Arkansas, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SYMBIENT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.

D. Consent to Electronic Communication

By using the Symbient Services, you agree to receive all communications related to your use of the Symbient Services in electronic form, including, without limiting the generality of the foregoing, emails sent to the email address associated with your Account or posted notices on this site. By using the Symbient Services, you agree that all agreements, notices, disclosures and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from Symbient will be deemed effective when sent to the email address associated with your Account or when posted publicly on this site.

E. Entire Agreement

These Terms and the Privacy Policy are the entire and exclusive agreement between Symbient and you about the Symbient Services. These Terms supersede and replace any other or prior agreements between Symbient and you about the Symbient Services. No other person, company, or entity will be third party beneficiaries of the Terms except users of the group of companies of which Symbient Product Solutions, LLC, is the parent.

If these Terms conflict with any other documents or agreements, these Terms will control.

We may revise these Terms from time to time without notice to you. The most current version will always be at the following link: www.cartdelivered.com/terms. In our sole discretion, if we believe that a revision is material, we may also choose to notify you by e-mail. By continuing to use the Symbient Services after revisions are effective, you acknowledge and agree that you will be bound by the revised Terms.

These Symbient Services are operated and provided by CartDelivered, P.O. Box 7812 Little Rock, AR., 72217. If you have any questions about the Terms, please contact us at info@cartdelivered.com.

By registering for and/or using Symbient Services in any manner, including but not limited to visiting or browsing the Symbient mobile application or website, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies and/or procedures that may be published by Symbient from time to time on the Symbient Services, each of which is incorporated by reference and may be updated by Symbient at any time without notice to you. These Terms apply to all users of the Symbient Services without exception.