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. Privacy Policy
By using the Symbient Services, you acknowledge and agree that Symbient collects, stores and uses
certain information about you. We have attempted to provide clear explanations of our information
policies so you can make meaningful decisions about whether to use the Symbient Services. To
understand specifically what information we collect, and how we store and use that information, please
carefully read these Terms and review this Privacy Policy. This Policy applies to the Symbient Services
and to any offline activities (e.g., physical mailings and telephone calls). If you do not agree to our
information policies, you cannot use the Symbient Services.
We use information about our Users, in the way described more fully below, to improve the Symbient
Services – meaning, we are able to respond better to your requests, provide better updates to the
Symbient Services and communicate better with you.
Symbient uses or may use third-party providers for various aspects of the Symbient Services, including
the processing of payments and fees. By using the Symbient Services, you acknowledge and agree that
you will also be subject to the third-party terms and conditions associated with those third-party
services. Those terms and conditions may be materially different than our policies, especially with
regard to information privacy and security. You specifically acknowledge that you understand that the
third-party terms and conditions will apply to your financial information collected to enable and process
the required payments on the Services.
Symbient values the importance of protecting children’s online privacy. To protect that privacy, we take
the following steps: (i) use of the Symbient Services is not allowed for persons under the age of 13; and
(ii) use of the Symbient Services by Users between the ages of 13 and 18 is subject to the eligibility
requirements set out in Section 3 below.
By using the Services, you agree that Symbient will not be responsible or liable to you or to 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.
A. What We Collect About You and How We Collect It
We collect several types of information from and about Users, including information by which you might
be personally identified. We may collect this information directly from you when you provide it to us, as
you navigate or use the Symbient Services, or from third parties. We may use technologies to collect
information about your online activities over time and across third party websites, which may include or
be associated with your personal information that we collect in other ways or receive from third parties.
For example, the information we collect includes:
- Information you provide directly, such as:
- Information you provide by filling in forms on our website;
- Your name, address, email address, telephone number, and anything else you provide
through your Account on the Symbient Services or in using the Symbient Services;
- Correspondence with us or with Users through the Symbient Services; and
- Records of your transactions with us or with other Users through the Symbient Services
and fulfillment of those transactions.
- Information collected automatically as you navigate through our website or otherwise use the
Symbient Services, such as:
- Information collected through cookies, which are small text files sent by your computer
when you access the Symbient Services through a web browser and may be session
cookies or persistent cookies, through web beacons, through embedded scripts, and
through other tracking technologies;
- Information about your internet connection, IP addresses, the equipment you use to
access the Symbient Services, and usage details; and
- Information about your location and travel arising out of or related to the Symbient Services.
We may also work with third parties, using services such as Google Analytics, Google AdWords, Google
AdSense, and others. Some content or applications, including advertisements, on our website are
served by those third parties or others, including advertisers, ad networks and servers, content
providers, and application providers. All of these third parties may also deploy cookies, web-beacons,
embedded scripts, or other tracking technologies on our websites and collect information about you
when you use the Symbient Services. We do not control these third parties’ tracking technologies or
how they may be used.
In addition, we also collect and use generalized, anonymous information about all Users that cannot be
used to identify or isolate your personal information.
B. How We Use and Disclose Your Information
Symbient respects and cares about the security of User information, and Symbient has taken reasonable
steps to safeguard User information. However, Symbient cannot guarantee total security of your
information. By using the Symbient Services, you agree that you provide your personal information and
content at your own risk. You are solely responsible for maintaining the security of your Account.
You will automatically receive various messages from us, and you may receive communications from our
partners (including advertising and marketing messages). You may change or opt out of certain
communications by contacting us at info@cartdelivered.com. However, in some instances, we may need to provide
you with service announcements and administrative messages. These particular communications are a
necessary part of the Symbient Services. You cannot opt-out from receiving these communications.
In addition to the information collection and usage described elsewhere in these Terms and Privacy
Policy, we may use or disclose your information for legal or business purposes according to the following
principles:
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As you direct or consent: When you direct us or consent to us sharing your information with
third parties. For example, if you provide us with loyalty or rewards card information regarding a
particular retailer, we may share that with the retailer and your Shopper;
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For legal purposes: We may share or use your information (a) to comply with applicable laws,
regulations, court order, legal process, or to respond to any government or regulatory request,
(b) to detect or otherwise manage fraud, security, or technical issues, (c) to protect the safety,
rights, or property of any person, the public, or Symbient, or (d) to enforce our rights arising
from any contracts entered into between you and us, including the Terms of Use and for billing
and collection.
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To enable purchases of Restricted Products: When you buy Restricted Products, we may be
required by law to share certain information with the seller. This information might include the
name and address of the Customer or Shopper, government-issued ID information, the kind and
quantity of Restricted Product purchased (e.g., alcohol content of alcoholic products, amount of
alcohol purchased), delivery address, and recipient signature
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For external processing: We may share your information with third parties who process it on our
behalf or who we use to support our business, for example to process payments, to ensure
compliance with appropriate security and confidentiality measures, or to process payments on
our behalf.
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To contact you about goods and services: We may use your information to contact you about
our own or third-parties’ goods and services that may be of interest to you, and to enable us to
display or direct advertisements to our advertisers’ target audiences;
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For business purposes: We may disclose your information (a) to our current or future parents,
affiliates, subsidiaries, and other companies under common control and ownership, or (b) to a
buyer or other successor in connection with, or during negotiations, a merger, divestiture,
restructuring, reorganization, dissolution, or other sale or transfer of some or all of Symbient’s
assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
C. Changes to Our Privacy Policy
This Privacy Policy may change from time to time. Any changes will be effective immediately upon
posting the revised Privacy Policy. Any revised Policy will be posted at this page, so we encourage
you to review it regularly. If we make changes, we will notify you of any changes by revising the date
at the top of this Policy and, in some cases, we may provide you with additional notice (e.g., a notice
on our homepage or sending you a notification).
3. 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.
4. 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.
5. 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:
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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;
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Is not counterfeit or stolen;
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Does not infringe or violate the intellectual property or proprietary rights of Symbient or any
third party;
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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);
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Does not violate any contractual obligation;
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Is not false, fraudulent or deceptive;
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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;
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Is not unsolicited advertising, junk mailing, or spamming;
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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;
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Does not impersonate any person without such person’s prior consent;
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Does not include any personal identification, financial, or confidential information of any other
person or entity without prior consent;
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Does not solicit Users or guests to use other on- or off-line services that are competitive with
Symbient;
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Does not attempt by any method to determine source code or underlying algorithms of any part
of the Symbient Services;
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Does not falsely imply affiliation with or sponsorship by Symbient without the prior written
consent of Symbient; or
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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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.