Lino Agency LLC ("Daily") Terms of Service
Thank you for using Daily!
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING OUR WEBSITE, www.ahhDaily.com, OR OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”).
You may visit the Site without registering to become a member. However, in order to enjoy all the benefits of the Site and the services offered through the Site, you must register and become a member. By using the Site, you represent and warrant that you are at least 18 years of age (or at least 13 years of age and visiting under the supervision of a parent or guardian) and legally able to enter into a binding contract. If you are using the Site on behalf of a legal entity, you hereby represent and warrant that (i) you have the authority to enter into these Terms on behalf of the legal entity and (ii) agree to be bound by the Terms individually, even when acting on behalf of the legal entity.
Changes to the Terms
We may make changes to these Terms from time to time in our sole discretion. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will also notify you of the new Terms (for example, by email to the address provided by you when registering or through a notification on our Site). Changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you should discontinue your use of the Site.
Registration and Membership
To register and become a member of our Site:
- Complete the member survey to verify our services are available in your area,
- Select the Plan that works best for you, and
- Provide your valid email address, payment information and create a password to register your profile.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You will immediately notify us of any unauthorized use of your password or account or any other breach or threatened breach of the Site’s security.
By creating an account, you agree to refrain from establishing multiple accounts. Daily may delete any duplicate accounts and may, at its sole discretion, terminate your original account if you are found to have established multiple accounts in violation of this paragraph.
In the event your account is terminated, the payment information you have associated with your account may retained by Daily for up to ninety (90) days after the date of termination. All other account information will be retained for up to six (6) months after the date of termination.
We accept Visa, MasterCard, American Express and Discover. In using our services, you may be charged local sales tax. By registering to become a member and providing your payment information, you agree that we may save your payment information for your convenience.
If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.
The risk of loss and title for items purchased by you through our services passes to you upon our delivery of the items to you. Replacement of products or credits to your account for shipped merchandise claimed by you as not received are subject to our investigation. After our investigation, we may credit your account in our sole discretion.
If you choose to associate a debit card as your payment method, please be aware that by doing so, you are preauthorizing Daily to proceed with charging said debit card for recurring fees (such as subscription fees upon auto-renewal or, where applicable, Weekly Delivery fees). By proceeding with associating a debit card as your payment method, you acknowledge that these Terms constitute a written authorization for preauthorized transfers from the bank account tied to your debit card pursuant to 12 CFR § 1005.10(b). The act of creating an account with Daily and associating a debit card as your payment method represents the authentication of the foregoing written authorization pursuant to the U.S. ESIGN Act (see Daily ESign Consent for more details).
In the event a product is listed on our Site at an incorrect price or with incorrect information due to typographical error or error in pricing or product information provided by our retailers, we have the right to refuse or cancel any orders placed for such products in our sole discretion, whether or not your order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your bank or credit card account in the amount of the cancelled charge.
You agree to use the Site in accordance with all applicable federal, state, municipal and otherwise applicable laws and regulations, and shall refrain from engaging in behavior that is abusive, threatening, harassing, or otherwise inappropriate when interacting with Daily or with shoppers retained by Daily to act as couriers for purchasing and delivering orders made through the Site (“Shoppers”). Example include, without limitation, sending sexually explicit messages through the Site, using obscene or abusive language, assaulting or in any way touching a Shopper without consent, romantically propositioning Shoppers who are providing services through the Site, or disclosing personal information of Shoppers without consent.
Prices and Charges
The prices displayed on the Site may exceed the price available for such item when purchased in-store. By purchasing items using the Site, you expressly accept the prices associated with such items.
Prices displayed on the Site are exclusive of all sales, use, or excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you in relation to use of the Site. Any such taxes, duties and charges currently assessed or which may be assessed in the future, that are applicable to the sales made under these terms are for your account, and you hereby agrees to pay such taxes. Tax will be calculated and applied automatically to each order, where applicable.
Upon your placing an order through the Site and prior to Daily fulfilling your order, Daily will immediately charge the payment card associated with your account (“Pre-Authorization”). The amount charged as Pre-Authorization will exceed the total cost of items purchased by you through the Site. The increased amount of the Pre-Authorization is intended to account for the potential for in-store order changes that may cause your order total to increase after finalizing the order in the Daily app. For example, substitute items, special request items that are not found in the catalog, and add-ons made by you during the course of your shopper’s trip to the store can all cause your order total to increase after checkout, which Daily attempts to account for through the increased Pre-Authorization amount. The Pre-Authorization will never exceed $50.00 over the amount of your order total at checkout. In the event that the Pre-Authorization exceeds the total order amount after the conclusion of shopping, Daily will automatically refund the difference between the Pre-Authorization and the actual total. While this refund occurs automatically, it may be up to a day or more before the refund is fully processed. By purchasing items using the Site, you expressly consent to Pre-Authorization charges.
At times, your Shopper will be unable to locate the exact brand and/or quantities of items you order through the Site. When this occurs, your Shopper may, depending on your instructions, be able to substitute the selected items for like goods. Such substitute items may differ from the item originally selected with respect to brand, quality, or price. You may indicate substitution preferences when placing an order on the Site. In those circumstances where you have indicated that substitution should occur at the discretion of the Shopper, or in the event you indicate that the Shopper should contact you concerning substitutions and you are unresponsive to communication from the Shopper, you expressly consent to the Shopper’s use of reasonable discretion in selecting substitute items.
In the event that you are dissatisfied with services received by you through your use of the Site, you may be eligible for a credit or a refund. Please be aware that a credit or refund will not be applied to your account without you first reaching out to Daily and describing the issue with detail. The decision to provide a refund is solely within the discretion of Daily. Nothing herein establishes any obligation on the part of Daily to offer a credit or refund to you. Any acceptance by you of a credit or refund offered by Daily constitutes a full release, waiver and discharge of any claim you may have against Daily, Shipt’s parent company or affiliates, or their directors, officers, employees, or agents, that arises from or relates to the incident giving rise to your request for a credit or refund. Unless otherwise stipulated in writing by Daily, any credit provided to you under this section will expire after ninety (90) days.
Automatic Renewal of Memberships
Daily memberships renew automatically. Daily will process payment for your first Daily membership fee, and thereafter will automatically process your payment each subsequent membership term. Your Daily membership will remain in effect until it is cancelled. Please see “Cancellation and Member Refunds” for more.
The cost of a Daily membership is disclosed at the time you sign up. If you were offered a free trial of a Daily membership, you will need to contact Daily to cancel your membership before the end of the free trial period to avoid being charged the membership fee. To prevent the automatic renewal of your membership, you must cancel your membership before the renewal period. For example, if you have an annual membership, you must cancel before the following year; if you have a monthly membership, you must cancel before the following month.
If we are unable to process your payment for a membership fee renewal, your Daily membership will not be renewed and will expire.
You can view the details of your Daily membership fee, or change or cancel the payment card associated with your Daily membership account, by accessing your account through the Daily web application or mobile application.
Cancellation and Member Refunds
You may cancel your Daily membership at any time. To cancel your membership, please access your Manage Membership page. Alternatively, you may send an email to [email protected] with your full name, phone number and e-mail address and identify the nature of your request.
At the time of account cancellation, Daily may provide membership fee refunds at its sole discretion, pursuant to following eligibility guidance: (a) if you have an annual membership, you shall be eligible for a full refund of your membership fee if you cancel during the first month of an annual membership; (b) if you have an annual membership, you shall not, absent extenuating circumstances (determined at Shipt’s sole discretion) be eligible for a refund of your membership fee after the conclusion of the first month; and (c) if you have a monthly membership, you will not be eligible for a membership fee refund. Notwithstanding the foregoing, if you have previously been a Daily member, you will not be eligible for a membership fee refund.
All purchases made through the Site are subject to any and all policies maintained by the retailer you select. Daily does not control those policies or the respective retalier’s application of those policies. You and Daily shall each endeavor to comply with store policies as applicable.
Transactions involving Certain Products
You may have the option to order delivery of alcohol products in some locations and from certain retailers. You will not use Daily to order alcohol products unless you are 21 years of age or older and you will not furnish alcohol products obtained through Daily to any person who is not a lawful consumer. You agree that you will comply with all applicable laws related thereto and not cause Daily, your Shopper, or any retailer to contravene or violate any applicable law. Daily may offer information and a method to connect duly licensed, participating retailers to you to purchase alcohol beverages. Daily does not, and does not intend to, make sales of alcohol beverages. Each participating retailer is the seller of record for the particular products it promotes on Daily and sells to you. Daily HAS NO RESPONSIBILITY OR LIABILITY FOR (I) ANY SALE OF ALCOHOL PRODUCTS OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY RETAILERS TO YOU OR ANY OTHER CUSTOMER OR THIRD PARTY AND/OR (II) ANY ACTIONS OR OMISSIONS OF YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL PRODUCTS PROMOTED OR ACQUIRED THROUGH Daily.
We reserve the right, in our sole discretion, to refuse to offer the delivery of certain items. In the event we choose to refuse to offer certain products after you have placed your order but before the product is delivered to you, we may cancel the portion of your order related to that product and issue a credit to your bank or credit card account in the amount of your cancelled charge.
To receive delivery of alcohol ordered through the Site, you will be required to present a driver’s license to your Shopper to permit age verification. Depending on applicable state law, your Daily Shopper will either scan your driver’s license to confirm your date of birth or visually check the information contained on your driver’s license to verify your age. Please be aware that Daily and Shoppers do not retain any information from your driver’s license. In the event that you are not in possession of a valid driver’s license at the time of delivery, alternative identification may be acceptable, depending on state law. Examples of potentially acceptable alternative identification include a valid United States passport and a valid U.S. military identification with photograph and date of birth displayed thereon. In no event will Daily accept any identification that is expired or that does not display your photograph and date of birth. Daily has sole discretion to determine whether the identification you present is adequate. By using the Site, you acknowledge that failure to present appropriate identification pursuant to the foregoing will preclude you from receiving delivery of alcohol ordered through Daily.
At the time of delivery of alcohol ordered through the Site, you will be required by your Shopper to sign a delivery acknowledgement. Daily is required to maintain a copy of this signature. Shipt’s records of your signature to accept delivery of alcohol shall only be stored for record-keeping purposes, and will be disclosed only to the extent necessary to fulfill requests for information from the retailer from which you purchased alcohol or from applicable legal or regulatory authorities.
Daily will only deliver alcohol to the member named on the applicable account, as confirmed through the identity verification measures described above. If you are not at the delivery location at the time the alcohol delivery occurs, Daily will cancel your alcohol order.
Daily will not deliver alcohol to intoxicated persons. If a Shopper observes you in what the Shopper, in his or her sole discretion, perceives to be an intoxicated condition at the time of delivery, your alcohol order will be cancelled and no delivery thereof may occur.
Daily will not honor any “special requests” indicated in your Daily order with respect to alcohol deliveries.
Delivery-Only and Platform Orders
We are engaged by certain retailers to provide delivery-only services (“DO”) or platform services (“Platform”), which means that those retailers may arrange for delivery of purchased items using Shoppers to facilitate deliveries. DO or Platform services do not require you to interact directly with the Site; however, the applicable retailer will interact with the Site to arrange your delivery. By agreeing to receive DO or Platform orders, you agree to all terms hereof that have application to your receipt delivered goods from a Shopper.
Daily does not guarantee that DO or Platform services are available at any specific retail location. If you are interested in learning whether DO or Platform services are available to you, please reach out to your local retailer.
Certain pharmacies offer prescription drug deliveries using Shipt’s DO services. Daily does not receive any personal health information from our pharmacy partners in the course of administering or executing prescription drug deliveries. If you have any questions concerning the provision of prescription drug DO orders, please contact your pharmacy.
To fulfill a DO or Platform order, the applicable retail or pharmacy partner may solicit your telephone number to facilitate the provision of telephonic delivery notifications. By agreeing to use Shipt’s DO or Platform services, you consent to the use of your telephone number by Daily and Shoppers for the purpose of administering and executing your DO or Platform order.
Daily Pay Per Order
Daily users may choose to access Daily services without signing up for a Daily membership by selecting Daily Pay Per Order (“PPO”). PPO permits members to avoid a monthly or yearly membership fee. In exchange, Daily will charge a per-order delivery fee (“PPO Fee”). The amount of the PPO Fee may vary based on location. Daily may increase this fee from time to time at its discretion. The PPO fee does not include any applicable taxes or other fees.
All other applicable provisions of these Terms remain in full force and effect for PPO orders and users that access Daily services via PPO.Intellectual Property Rights
The Site and the content of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is owned by Daily, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only. Subject to these Terms, Daily grants you a limited, non-exclusive, non-transferable license to download, install and use the Site for your personal, non-commercial use on a mobile device or computer owned or otherwise controlled by you. You may not:
- Republish, reproduce, duplicate, copy, sell, rent, distribute, create derivative works, publicly display, publicly perform, store, transmit or sub-license the Site or material from the Site;
- Copy the Site or modify copies of any materials from the Site;
- Delete or alter any copyright, trademark or other proprietary notices from copies of materials from the Site;
- Create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Site (without prior written approval by Daily);
- Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site;
- Use the Site for any unlawful purposes or in any way that violates any applicable federal, state, local or international law or regulation;
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- Transmit or procure the sending of any advertising or promotional material without prior written consent, including any junk mail, chain letter, or spam; or
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Daily or users of the Site or expose them to liability.
All trademarks, service marks and trade names of Daily on the Site are trademarks or registered trademarks of Daily or their respective owners. You may not use such marks without Shipt’s or the respective owner’s prior written consent or as provided below in “Third Party Links and Sites”.
You acknowledge and agree that the Site is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Site under these Terms or any other rights thereto other than to use the Site in accordance with these Terms. Daily and its licensors reserve and retain their entire right, title and interest in and to the Site, except as expressly granted to you in these Terms.
Through your use of the Site, you may be able to submit, upload, publish or otherwise make available to Daily textual, audio and/or visual content, including commentary and feedback (the “Content”). As between you and Daily, any Content that you provide remains your property. However, by providing Content to Daily, you grant Daily and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Site.
Third-Party Links and Sites
The Site may link to other websites operated by third parties. We have no control over these linked sites, each of which has a separate privacy and data collection practices independent of Daily. We are not responsible for, do not endorse and do not accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are provided to you only for your convenience and you access them at your own risk. You agree that we are not responsible for any loss or damage you may incur from dealing with any such third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
The following organizations may link to our Site by use of our corporate name or by use of the uniform resource locator (Web address) without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors, if the Site is linked to in the same manner as the web sites of other listed businesses; and
- Systemwide Accredited Businesses, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.
The above-listed organizations may link to our home page, to publications or to other Site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
Daily may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Daily has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Site and shall be subject to these Terms.
You agree that, with respect to your use of the Site through Shipt’s mobile applications, Daily is authorized to provide Updates automatically, which may include deploying “over the air” Updates. Such automatic Updates may be provided without any additional notice, and you permit Daily to download and install them on your mobile device for you without liability for any damages, loss of data or loss of functionalities arising from provision of such Updates. You understand that once a new Update is provided hereunder, you may be unable to revert back to prior versions of the Daily mobile application. Automatic Updates will occur only when you have provided your mobile device with adequate internet access or mobile data coverage. Be aware that you may bear additional costs with respect to your obtaining adequate internet access or mobile data coverage to permit automatic Updates, liability for which Daily expressly disclaims.
Daily reserves the right to withdraw or amend the Site in its sole discretion and without notice. Daily will not be liable if for any reason all or any part of the Site unavailable at any time or for any period. From time to time, Daily may restrict access to some parts of the Site, or the entire Site, to users, including members.
You are responsible for making all arrangements necessary for you to have access to the Site, including providing for both adequate internet access or mobile data coverage and obtaining and operating the adequate physical hardware necessary to use the Site (i.e. computer or smartphone). Daily has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in Shipt’s opinion, you have violated any provision of these Terms.
By registering to become a member, you agree that we may send you text (SMS) messages in order to provide you with the services and products offered through the Site. You may opt-out of receiving text (SMS) messages from Daily at any time by contacting Daily HQ via [email protected], provided however that opting out of text (SMS) messages may affect your use of the Site and the services and products offered through the Site. You may continue to receive text messages for a short period while we de-activate your account, and you may also receive text messages confirming the receipt of your de-activation request.
Daily respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Site violates your copyright, please send Daily a written notice of infringement to our Copyright Agent (identified below), using the contact information listed below, containing the following information:
- A description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Site (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material);
- Your contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and
- An electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright.
If you fail to substantially comply with the above requirements, contained in Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and we may not have to take corrective measures against the alleged copyright infringement. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Please be aware that if you knowingly materially misrepresent that material or activity on our Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
Contact information for DMCA inquiries:
Lino Agency LLC
30032 Gardner Dr.
Alpharetta, GA, 30009, United States
Monitoring and Termination
If you are linking to our Site, we reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request.
Accessing our Site to undertake “scrubbing” data therefrom is prohibited.
We may terminate your use of the Site and the services offered on the Site at any time, for any reason and Daily may prohibit your use of the Site and services offered on the Site at any time in our sole discretion. The terms of these Terms shall remain in effect at all times after the termination of your use of the Site and the services offered on the Site.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Daily DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Daily DOES NOT REPRESENT OR WARRANT THAT THE SITE AND FEATURES AND FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE, OR THE SERVER THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Daily DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Daily SHALL NOT BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF Daily HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Daily WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR SHIPT’S SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR. IN NO EVENT SHALL SHIPT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Daily MAY INTRODUCE YOU TO SHOPPERS FOR THE PURPOSES OF PROVIDING COURIER SERVICES. YOU EXPRESSLY WAIVE AND RELEASE Daily FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES, KNOWN OR UNKNOWN (IN SO DOING, WAIVING APPLICATION OF CALIFORNIA CIVIL CODE SECTION 1542) ARISING FROM OR IN ANY WAY RELATED TO THE SHOPPERS. Daily WILL NOT BE A PARTY TO DISPUTES BETWEEN YOU AND SUCH SHOPPERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Equitable Relief
Notwithstanding any other provision to the contrary contained in these Terms, you hereby acknowledge and agree that (a) monetary damages at law are a fully adequate remedy to compensate you for any breach or threatened breach of these Terms, and (b) an action at law for monetary damages is your sole and exclusive remedy for any such breach. No breach of these Terms by Daily will entitle you to equitable relief, including specific performance, injunctive relief, rescission or any other form of equitable remedy.
The Site is intended for use in the United States only. Access outside of the United States is strictly prohibited.
The Site, including any software, documentation, and any related technical data included with, or contained in, such Site, and any products utilizing any such Site, software, documentation, or technical data (“Shipt Technology”), may be subject to US export control laws and regulations, including the U.S. Export Administration Regulations and the U.S. International Traffic in Arms Regulations. By using the Site, you agree that you shall not, and shall not permit any third parties to, directly or indirectly, export, reexport, or release the Daily Technology to any jurisdiction or country to which, or any party to whom, the export, reexport, or release of any Daily Technology is prohibited by applicable law, regulation, or rule. You are responsible for any breach of this paragraph by its, and its successors’ and permitted assigns’, corporate parent, affiliates, employees, officers, directors, customers, agents, distributors, resellers, or vendors.
You agree to indemnify, defend and hold harmless Daily, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) your violation of these Terms or any applicable law or regulation, whether or not referenced herein, (ii) your violation of any rights of any third party, including Shoppers or any party providing services arranged via the Site, or (iii) the use or misuse of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Mutual Arbitration Provision.
Arbitration of Disputes – Please Read . You and Daily mutually agree to resolve any justiciable disputes, past, present or future, between the Parties, or between you and any of Daily employees, agents, parents, subsidiaries, affiliates, successors, or assigns, exclusively through final and binding arbitration instead of a court or jury trial. Except as it otherwise applies, this Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), or if the Federal Arbitration Act does not apply, then the arbitration law of your state of primary residency, and shall apply to any and all claims arising out of or relating to these Terms or your use of the Site (including without limitation the scope, enforceability, validity, or conscionability of this Mutual Arbitration Provision) whether arising under federal, state or local statutory and/or common law. Disputes between the Parties that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by another Act of Congress are excluded from the coverage of this Mutual Arbitration Provision.
If either Party initiates arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the Party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to:
Lino Agency LLC
Attn: Legal Department
30032 Gardner Dr.
Alpharetta, GA, 30009, United States
Class Action Waiver – PLEASE READ . You and Daily mutually agree that by entering into this Mutual Arbitration Provision, both Parties waive their right to have any dispute or claim brought, heard or arbitrated as a class action or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class or collective action (“Class Action Waiver”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the JAMS Rules, as defined below, any claim in court or arbitration that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Daily may lawfully seek enforcement of this Mutual Arbitration Provision and the Class Action Waiver and seek dismissal of such class or collective actions or claims. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Private Attorney General Action Waiver – PLEASE READ . This Mutual Arbitration Provision affects your ability to bring or participate in private attorney general representative actions under California law. Both you and Daily agree to bring any dispute in arbitration on an individual basis only, and not on a private attorney general representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general representative action, or as a member in any such private attorney general proceeding (“Private Attorney General Waiver”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the JAMS Rules, as defined below, any claim in court or arbitration that all or part of this Private Attorney General Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a private attorney general action and (2) there is a final judicial determination that all or part of the Private Attorney General Waiver is unenforceable, the private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Private Attorney General Waiver that is enforceable shall be enforced in arbitration. Daily may lawfully seek enforcement of this Mutual Arbitration Provision and the Private Attorney General Waiver and seek dismissal of such private attorney general representative actions or claims. The Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Applicable Rules of Arbitration.Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”) and including as follows:
- The arbitration shall be heard by one Arbitrator selected in accordance with the JAMS Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute or a retired judge or
- If the Parties cannot otherwise agree to a location for the arbitration, the arbitration shall take place within the state you have identified as your primary state of residency in your Daily account information.
- Each Party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, in all cases where required by law, Daily will pay the Arbitrator’s and arbitration fees. If under applicable law Daily is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law, and any disputes in that regard will be resolved by the Arbitrator.
- The Arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving
- Except as provided in the Class Action Waiver and Private Attorney General Waiver, the Arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable
- The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such
- The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of Judgment may be entered on the Arbitrator’s decision or award in any court having jurisdiction.
- A Party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
The JAMS Rules may be found at www.jamsadr.comor by searching for “JAMS Comprehensive Arbitration Rules & Procedures” using a service such as www.google.com.
You have the right to consult with counsel of your choice concerning this Mutual Arbitration Provision and to be represented by counsel at any stage during the arbitration process. This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.
Your Right to Opt Out of this Mutual Arbitration Provision – PLEASE READ . Acceptance of this Mutual Arbitration Provision is not a mandatory condition of your relationship with Daily, and therefore you may submit a statement notifying Daily that you wish to opt out and not be subject to this Mutual Arbitration Provision. In order to opt out of the Mutual Arbitration Provision, you must notify Daily by sending or hand delivering to Lino Agency LLC, Attn: Legal Department, 17 20th St N #100 Birmingham, AL 35203, a written notice signed and dated by you stating that you are opting out of the Mutual Arbitration Provision. In order to be effective, Your opt out notice must be provided within thirty (30) daysof you creating your account with Daily. You will not be subject to retaliation as a consequence of a decision to opt out, and if you opt out you may pursue available claims and remedies in a court of law (but not arbitration). Should you not opt out within 30 days of creating your account with Daily, continuing your relationship with Daily constitutes mutual acceptance by you and Daily of the Mutual Arbitration Provision. If you opt out of the Mutual Arbitration Provision, you and Daily will continue to be mutually bound by all other terms of these Terms. The right to opt out described in this paragraph applies only to the Mutual Arbitration Provision and not any other provision of these Terms.
No waiver by Daily of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by Daily. No waiver by Daily shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
These Terms, along with any rules, guidelines or policies published in the Site constitute the entire agreement between Daily and you with respect to your use of the Site and the services and products offered through the Site. If there is any conflict between the Terms and other rules or instructions posted, the Terms shall control. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, terrorism, embargoes, Internet disruptions, cyber attacks, or communications failures. Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. These Terms shall be governed by, and construed in accordance with, the laws of the state of Alabama, without reference to its choice and conflict of law rules. You may not assign your rights or obligation under these Terms without the prior consent of Daily. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Daily may have pursuant to any intellectual property laws or other laws. All rights and remedies available to Daily, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.