Welcome to www.GrocersPod.com (“Website”). This Website is owned by GrocerPod, LLC. When you visit this Website, you are agreeing that both your access to the Website and your use of the Website are governed by these Terms of Service (“Terms”). These Terms are effective as of March 1, 2020 (“Effective Date”).
GrocersPod is made up of an online platform in which you select products for delivery by a personal shopper (“Shopper”) to your location. When you order through GrocersPod, you authorize the purchase and delivery of goods from the identified/selected retailers. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You acknowledge that transportation of your goods for delivery are provided by third party independent contractors who are not employed by GrocersPod. The use of GrocersPod does not form any employment or agency relationship with you.
By creating a GrocersPod user account, you agree to accept and receive communications from GrocersPod or Shoppers, including via email, text message and calls. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings.
You agree that GrocersPod/retailer will obtain a credit card authorization for your credit card on file with GrocersPod to purchase goods. Any separate GrocersPod fees, taxes and/or tips, and your card will be charged in addition to the purchase from the retailer.
You can stop using GrocersPod at any time.
You agree that GrocersPod is not responsible for any products, content, services, websites, advertisements, offers, or information that is provided by third parties/retailers. You agree that the products provided by GrocersPod as provided “as is” and “as available”. GrocersPod makes no representations or warranties as to the costs, quality, safety, timeliness and/or availability of any products or goods provided on any GrocersPod platform. You bear the risk of loss with respect to any products/goods damaged in transit to your location.
To the extent permitted by law, GrocersPod disclaims all representations, expressed and/or implied warranties related to merchantability, quality and/or fitness. Further GrocersPod provides guarantees related to merchantability, quality, fitness, availability or timeliness of any goods/products provided by GrocersPod and/or any Shopper. GrocersPod shall not be liable for delays/failures in performance outside GrocersPod’s reasonable control.
Should you have a dispute with GrocersPod and/or any Shopper, you agree to release GrocersPod, its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers, from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes, including losses related to personal injury, the disclosure of personal identifying information and/or credit card information as a result of GrocersPod’s perceived failure to secure client information.
You further agree to defend, indemnify and hold harmless GrocersPod and its officers, directors, employees, agents, shareholders, affiliates, and retail partners from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be arising out of, relating to or resulting from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
You agree that all claims, disputes, or disagreements with GrocersPod, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court for disputes and actions within the scope of such court’s jurisdiction and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and GrocersPod are waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. You further acknowledge that any claim arising under this Agreement must be brought within one year of its accrual or it will be waived. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, as well as all threshold arbitrability issues, including whether this Dispute Resolution provision is unconscionable and any defense to arbitration.
The arbitration will be administered by the American Arbitration Association ("AAA"). A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules). The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected in accordance with the Applicable AAA Rules. If the parties are unable to agree upon an arbitrator within fourteen (14) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and GrocersPod otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GrocersPod submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the Applicable AAA Rules. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liableIf the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys' fees and expenses. GrocersPod will not seek, and hereby waives, all rights GrocersPod may have under applicable law to recover attorneys' fees and expenses if GrocersPod prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If you initiate the arbitration action, you are responsible to pay any AAA filing, administrative and arbitrator fees as set forth in the Applicable AAA Rules.
Any and all disputes will be governed by the laws of the Commonwealth of Massachusetts.
Any waiver of any Term by GrocersPod must be in writing. If any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.
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