The website located at www.localposh.com (the “Site”) is a copyrighted work belonging to localposh.com, Inc.
(“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules,
which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are
incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE.
BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT),
AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS
(ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU
ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE
THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY
TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
LOCALPOSH PLATFORM
THE PLATFORM CONNECTS CONSUMERS WITH RETAIL STORES, AND RESTAURANTS (“MERCHANTS”), AND WITH INDEPENDENT CONTRACTOR
COURIERS (“COURIERS”), TO FACILITATE ON-DEMAND DELIVERY OR PICKUP SERVICES. THROUGH THE PLATFORM, CONSUMERS MAY
PURCHASE MERCHANDISE OR FOOD BE MADE AVAILABLE FOR PICK-UP OR DELIVERED TO THEM FROM A MERCHANT BY COURIERS WHO
CONTRACT WITH LOCALPOSH TO ACCESS THE PLATFORM AND RECEIVE DELIVERY OPPORTUNITIES.
LOCALPOSH IS NOT A RETAIL STORE, RESTAURANT, FOOD DELIVERY PLATFORM, MERCHANDISE DELIVERY PLATFORM OR FOOD PREPARATION
ENTITY. LOCALPOSH IS NOT LIABLE OR RESPONSIBLE FOR MERCHANTS’ COMPLIANCE WITH APPLICABLE FEDERAL, STATE, OR LOCAL LAWS,
RULES, REGULATIONS OR STANDARDS PERTAINING TO THEIR BUSINESSES. IN ADDITION, LOCALPOSH DOES NOT GUARANTEE THE QUALITY
OF WHAT MERCHANTS SELL AND DOES NOT INDEPENDENTLY VERIFY, AND IS NOT LIABLE FOR, REPRESENTATIONS MADE BY MERCHANTS
REGARDING THEIR PRODUCTS ON THE PLATFORM.
LOCALPOSH DOES NOT PROVIDE COURIER SERVICES. COURIERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, AGENTS,
JOINT VENTURES, OR FRANCHISEES OF LOCALPOSH. COURIERS HAVE ENTERED INTO INDEPENDENT CONTRACTOR AGREEMENTS WITH LOCALPOSH,
WHICH REQUIRE THEM TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS. LOCALPOSH SHALL
NOT BE LIABLE OR RESPONSIBLE FOR ANY DELIVERY SERVICES PROVIDED BY COURIERS, OR ANY ERRORS OR MISREPRESENTATIONS MADE BY
ANY OF THEM. YOU HEREBY ACKNOWLEDGE THAT LOCALPOSH DOES NOT SUPERVISE, DIRECT, CONTROL, OR MONITOR A COURIER’S PROVISION
OF SERVICES AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE SERVICES PERFORMED.
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1. Accounts
- 1.1. Account Creation.In order to use certain features of the Site, you must
register for an account (“Account”) and provide certain information about yourself as prompted by the
account registration form. You represent and warrant that: (a) all required registration information you
submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete
your Account at any time, for any reason, by following the instructions on the Site. Company may suspend
or terminate your Account in accordance with Section 8.
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1.2. Account Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully responsible for all activities that occur
under your Account. You agree to immediately notify Company of any unauthorized use, or suspected
unauthorized use of your Account or any other breach of security. Company cannot and will not be liable
for any loss or damage arising from your failure to comply with the above requirements.
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2. Access to the Site
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2.1 License. Subject to these Terms, Company grants you a non-transferable,
non-exclusive, revocable, limited license to use and access the Site solely for your own personal,
noncommercial use.
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2.2 Certain Restrictions. The rights granted to you in these Terms are subject
to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute,
host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on
the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer
any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website,
product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless
otherwise indicated, any future release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed
on the Site) must be retained on all copies thereof.
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2.3 Modification. Company reserves the right, at any time, to modify, suspend,
or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will
not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site
or any part thereof.
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2.4 No Support or Maintenance. You acknowledge and agree that Company will have no
obligation to provide you with any support or maintenance in connection with the Site.
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2.5 Ownership. Excluding any User Content that you may provide (defined below),
you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and
trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms
(nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such
intellectual property rights, except for the limited access rights expressly set forth in Section 2.1.
Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted
under these Terms.
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3. User Content
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3.1 User Content. “User Content” means any and all
information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile
or postings). You are solely responsible for your User Content. You assume all risks associated with use of
your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any
disclosure of your User Content that personally identifies you or any third party. You hereby represent
and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3).
You may not represent or imply to others that your User Content is in any way provided, sponsored or
endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself
to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not
obligated to backup any User Content, and your User Content may be deleted at any time without prior
notice. You are solely responsible for creating and maintaining your own backup copies of your User
Content if you desire.
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3.2 License. You hereby grant (and you represent and warrant that you have the right
to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other
works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights,
solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree
to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User
Content.
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3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
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3.3.1 You agree not to use the Site to collect, upload, transmit, display, or distribute any User
Content (i) that violates any third-party right, including any copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful,
invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,
pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of
any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to
minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
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3.3.2 In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site
any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages,
whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information
or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with,
disrupt, or create an undue burden on servers or networks connected to the Site, or violate the
regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the
Site (or to other computer systems or networks connected to or used together with the Site),
whether through password mining or any other means; (vi) harass or interfere with any other user’s
use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape,
or mine data from) the Site (provided, however, that we conditionally grant to the operators of public
search engines revocable permission to use spiders to copy materials from the Site for the sole purpose
of and solely to the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials, subject to the parameters set forth in our
robots.txt file).
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3.4 Enforcement. We reserve the right (but have no obligation) to review any User
Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate
the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User Content, terminating your Account in
accordance with Section 8, and/or reporting you to law enforcement authorities.
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3.5 Feedback. If you provide Company with any feedback or suggestions regarding
the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company
shall have the right to use and fully exploit such Feedback and related information in any manner it deems
appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
You agree that you will not submit to Company any information or ideas that you consider to be confidential
or proprietary.
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3.6 Indemnification. You agree to indemnify and hold Company (and its officers,
employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any
third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your
violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to indemnify
us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without
the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
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3.7 Third-Party Links & Ads; Other Users.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display
advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are
not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all
Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices. You should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not
control User Content, you acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality
of any User Content. Your interactions with other Site users are solely between you and such users. You agree
that Company will not be responsible for any loss or damage incurred as the result of any such interactions.
If there is a dispute between you and any Site user, we are under no obligation to become involved.
Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors,
and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action of every kind and nature
(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly
out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission
of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
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4. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY,
OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF
VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT
TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
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5. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR
YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF
MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND
ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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6. Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Site.
We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at
our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your
rights under these Terms, your Account and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability whatsoever to you for any termination of
your rights under these Terms, including for termination of your Account or deletion of your User Content.
Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in
effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 8.
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7. Copyright Policy.Company respects the intellectual property of others and asks that users
of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting
copyright law that provides for the removal of any infringing materials and for the termination, in appropriate
circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information
in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated
Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney’s
fees incurred by us in connection with the written notification and allegation of copyright infringement.
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8. General
- 8.1 Changes. These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us
(if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing
us with your most current e-mail address. In the event that the last e-mail address that you have provided
us is not valid, or for any reason is not capable of delivering to you the notice described above, our
dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes
described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30)
calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar
days following our posting of notice of the changes on our Site. These changes will be effective immediately
for new users of our Site. Continued use of our Site following notice of such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution.
Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects
your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- 8.2.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for
injunctive or other equitable relief as set forth below) in connection with the Terms or the use of
any product or service provided by the Company that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- 8.2.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration,
the party must first send to the other party a written Notice of Dispute (“Notice”) describing the
nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should
be sent to: 154 Grant St, New York, New York 10013. After the Notice is received, you and the Company
may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the
claim or dispute within thirty (30) days after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to
the arbitrator until after the arbitrator has determined the amount of the award, if any, to which
either party is entitled.
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8.2.3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association
(“AAA”), an established alternative dispute resolution provider (
“ADR Provider”) that offers arbitration as set forth in this section.
If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the arbitration, including but not
limited to the method of initiating and/or demanding arbitration, except to the extent such
rules are in conflict with the Terms. The AAA Consumer Arbitration Rules
(“Arbitration Rules”) governing the arbitration are available online
at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where
the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may
be resolved through binding non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will be held in a location within 100 miles of your residence, unless you reside
outside of the United States, and unless the parties agree otherwise. If you reside outside of
the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of
any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction. If the arbitrator grants you an award that is greater than the last
settlement offer that the Company made to you prior to the initiation of arbitration, the Company
will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including
attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of
the fees and costs of the ADR Provider.
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8.2.4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected,
the arbitration shall be conducted by telephone, online and/or based solely on written submissions;
the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
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8.2.5. Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated
and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and
within any deadline imposed under the AAA Rules for the pertinent claim.
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8.2.6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and
liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall have the authority to grant
motions dispositive of all or part of any claim. The arbitrator shall have the authority to award
monetary damages, and to grant any non-monetary remedy or relief available to an individual under
applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement
of decision describing the essential findings and conclusions on which the award is based, including
the calculation of any damages awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the arbitrator is final and
binding upon you and the Company.
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8.2.7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO
TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes
shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically
more limited, more efficient and less costly than rules applicable in a court and are subject to very
limited review by a court. In the event any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE
COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
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8.2.8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION
AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS
OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE
OF ANY OTHER CUSTOMER OR USER.
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8.2.9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the
award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party
from submitting to a court of law any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
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8.2.10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall
be of no force and effect and shall be severed and the remainder of the Agreement shall continue in
full force and effect.
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8.2.11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive
or affect any other portion of this Arbitration Agreement.
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8.2.12. Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Company.
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8.2.13. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an
individual action in small claims court.
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8.2.14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency
equitable relief before a state or federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a waiver of any other rights or
obligations under this Arbitration Agreement.
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8.2.15. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other
party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
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8.2.16 Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to
litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts
located within NewYork County, New York, for such purpose
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8.3. Export. The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly,
any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
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8.4. Disclosures. Company is located at the address in Section 8.9. If you are a California resident, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
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8.5. Electronic Communications. The communications between you and Company use electronic means, whether you
use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via
email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form;
and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that
Company provides to you electronically satisfy any legal requirement that such communications would satisfy if
it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
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8.6. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the
Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver
of such right or provision. The section titles in these Terms are for convenience only and have no legal or
contractual effect. The word “including” means “including without limitation”. If any provision of these Terms
is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations
herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior
written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth
in these Terms shall be binding upon assignees.
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8.7. Instant Delivery. localposh.com makes every effort to deliver our packages the same-day, within one-hour,
however, based off location, goods, and other factors outside of our control, we are not able to always meet
this time. We make no guarantees, and refunds of shipping costs are NOT permitted based on not being able to
meet this time restraint. We also reserve the right to cancel, reroute, change, deny, unallow, and or stop
delivery for any reason, with or without cause, at any time, up to, including but not limited to, deliveries
confirmed, in process, in route and or delivered.
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8.8. Copyright/Trademark Information. Copyright © 2020 localposh.com, Inc. All rights reserved. All
trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of
other third parties. You are not permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Marks.
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8.9. Contact Information. Localposh, Attention: Legal, 433 Broadway, New York, New York 10013,
Telephone: 866-404-2556, Email: legal@localposh.com.
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8.10. Alcohol Delivery. All deliveries of alcoholic beverages MUST be received by an individual capable of
proving he or she is 21 years of age or older. The order signee must provide a valid form of photo
identification at the time of delivery. Alcoholic beverage delivery can be accepted by a building attendant
(doorman). Building attendants accepting delivery in this way must be at least 21 years of age and must
provide a Valid ID for and take charge of the delivery contents immediately. Alcoholic beverages cannot be
dropped off or left unattended for any reason. If no person at the delivery address is at least 21 years of
age and/or cannot provide valid photo identification of his or her age, the Delivery Partner will not render
services. All products will be cleared from the order and returned to HQ, and a $30 return-delivery fee will
be charged to the User’s credit card account. No refunds will be issued under this circumstance. The Delivery
Partner reserves the right to refuse to deliver alcoholic beverages for any reason. This reservation includes,
but is not limited to, refusing service to individuals who are visibly inebriated, and refusing service to
specific buildings for access or safety reasons. Per
New York State’s Liquor Authority official policy, wine returns can only be accepted if the
wine displays a legitimate wine flaw such as “cork taint” or TCA (trichloroanisole). If within
thirty (30) days of receipt of shipment you believe an item is spoiled due to cork taint or
bacteria, you may return the bottle with its contents and original cork or closure for an
exchange or refund. It is essential that you let us know of any spoilage problem without
delay. Items to be returned are subject to evaluation by our staff. We absolutely cannot
replace any empty bottles. Any wines that are seven (7) years old or older are purchased at
the Buyer’s risk and are not subject to refund or return. Under no circumstances do we
accept returns of opened spirits.
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8.11. Failure to Delivery Policy: Localposh is not liable for any delayed or non-delivered items, for any
reason. If a package is returned to the store, due to a driver’s lack of access to delivery location, a
$10.00 failure-to-deliver fee will be charged to your payment method on file. You may reschedule delivery
by contacting a Customer Success Advocate at 877-450-7674, a $6.99 re-attempt fee will be due.
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8.12. Rx Delivery: Delivery is available for eligible prescription drug orders with qualifying
prescription benefit programs and insurance plans from your local pharmacies.. Order cutoff times may vary by delivery option and pharmacy location.
Delivery may be subject to delays. Not all delivery options are available to every address or from all pharmacy locations. Delivery fees apply and
may vary by delivery option and location. Delivery of select non-prescription items is available with or without prescription delivery in
certain cities. The selection of non-prescription items available may vary. Nonprescription items are charged at online prices, which may vary
from store prices. In most cases, FSA/HSA cards may not be used for delivery fees. Other restrictions apply. Call your local pharmacy for details.