Effective Date: September 26, 2018

IMPORTANT NOTICE: THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES

AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND

INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.

INTRODUCTION

This Terms of Use (these “Terms”) constitutes a legally binding agreement

between Next Day Delivery, LLC (the “Company,” “we,” “us”) and you, with

respect to your use of all properties (websites, mobile application, telephone

service or otherwise) owned or operated by the Company and our affiliates

(collectively, the “Properties”), and all products and services offered by or

made available from the Company and our affiliates, Rescue One Air, LLC,

Pristine Water Solutions, Protection Source, LLC, Aqua Bright LLC, Nergy, LLC,

Latch, LLC, Jax Home Service, LLC or other third parties in connection with

the Properties (individually and collectively with the Properties, the

“Services”).

 

Consent to Call

I expressly authorize the

Company and our affiliates, Rescue One Air, LLC,

Pristine Water Solutions, My Home Services, LLC, Protection Source, LLC,

Aqua Bright LLC, Nergy, LLC, Latch, LLC, Jax Home Service, LLC or other third

parties in connection with the Properties (individually and collectively with

the Properties, the “Services, along with their agents, to call me or send me

recorded messages or texts about their products and services, including

possibly

using automated technology, to my telephone/cellular number I

entered immediately above, which I certify is my own number. I understand

that I am not required to consent in order to purchase.

You may opt out by

emailing

terms@nextdaydeliverycompany.com

Changes to Terms

We may modify these Terms at any time by posting a revised version. Any

changes to the Terms will be effective immediately upon posting. Please

review the Terms each time you use the Services as your continued use of

the Services after such changes will constitute acceptance of, and

agreement to, such changes. You waive any right you may have to receive

specific notice of such changes.

Consent

 

You affirm that you are at least 18 years of age or the age of majority in your

jurisdiction, whichever is greater, and are fully able and competent to enter

into, and comply with, these Terms. If you are accessing and using the

Services on behalf of a company or other legal entity, you represent that you

have the authority to bind that entity to these Terms. In that situation, “you”

and “your” will refer to both you and that entity.

Limited Liability

This Website is provided by us on an AS IS and on an AS AVAILABLE basis. To

the fullest extent permitted by applicable law, we make no representations

or warranties, express or implied, regarding the use or the results of this

Website in terms of its correctness, accuracy, adequacy, usefulness,

timeliness, reliability or otherwise. We shall have no liability for any

interruptions in the use of this Website.

Compliance with Laws

By using the Website, you assume all knowledge of applicable laws related to

use of the Website and are responsible for compliance with any such laws.

You may not use the Website in any way that violates applicable state,

federal, or international laws, regulations or other government

requirements.

 

Disclaimer Regarding Information Provided by You

Our Privacy Policy sets out how we use the personal data of people who use

this Website. By using this Website, you agree to the way in which we

process your personal data in the manner set out in these Terms and our

Privacy Policy. Except as otherwise expressly set forth in our Privacy Policy,

you agree that we have permission to store, index, manipulate disclose or

resell any information you provide through the Website. Such information will

be (a) treated as non-confidential and non-proprietary by us, (b) become our

property and we shall exclusively now and hereinafter own all rights, title and

interest therein, and (c) used without restriction by our licensees and

affiliates at their sole discretion without any obligation, compensation or

other liability to you, unless otherwise set forth in our Privacy Policy.

 

Our Intellectual Property

You acknowledge that we own all intellectual property rights used in and

relating to this Website, including without limitation: (a) the trademarks

“Next Day Delivery Company” and related logos; (b) the design, text,

graphics, articles, blogs and other content of the web pages on this Website,

together with all the web addresses associated with those web pages;

and (c) in all the software used in relation to this Website, other than that which we use under license.

 

In addition, all intellectual property in text, graphics, data or other materials

provided by us, shall be owned by us. We hereby grant you a non-exclusive,

non-transferable, personal and limited license to access and use this

Website. However, you must not use our trademarks, service marks, trade

names, logos, trade dress, meta-tags or other hidden text without our

express written permission (which may be granted or withheld in our

absolute discretion).

 

Suggestions

If you elect to provide or make available to the Company any suggestions,

comments, ideas, improvements or other feedback relating to the Services or

otherwise (“Suggestions”), the Company will be free to use, disclose,

reproduce, have made, modify, license, transfer and otherwise utilize and

distribute your Suggestions in any manner, without credit or compensation to

you.

 

Indemnification

You agree to indemnify, defend and hold us and our members, business

partners, staff and affiliates harmless from any liability, loss, claim and

expense, including reasonable attorneys’ fees and expenses, related to

either your violation of these Terms or your use of the Website.

 

Governing Law

You agree that these Terms, the Privacy Policy and any dispute arising from

or related to the Services or these Terms will be governed solely by United

States and Arizona State law, without regard to conflict of law provisions.

Without limiting the jurisdiction of any other court, you admit and further

irrevocably agree to submit to the personal jurisdiction of the courts located

within Maricopa County, Arizona for the purpose of entering judgments on

arbitral awards.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may be

transferred or assigned by you only with the Company’s prior written

consent, but may be assigned by the Company without restriction and

without notice to you.

Entire Agreement and Severability

 

These Terms constitute the entire agreement between you and the Company

and supersede all prior or contemporaneous communications of any kind

between you and the Company. If any provision of these Terms is held by a

court or other tribunal of competent jurisdiction to be invalid, void, or

unenforceable, such provision shall be limited or eliminated to the minimum

extent necessary and replaced with a valid provision that best embodies the

intent of these Terms, and the remainder of these Terms shall remain in full

force and effect.

 

Waiver

No waiver of any provision of these Terms shall be deemed a further or

continuing waiver of such term or any other term, and the Company’s failure

to assert any right or provision under these Terms shall not constitute a

waiver of such right or provision.

Third Party Beneficiaries

Neither these Terms nor the Privacy Policy create any right of action on the

part of any third party.

Attorney Fees

If any of the Company take legal action against you as a result of your

violation of these Terms, the Company will be entitled to recover from you,

and you agree to pay, all reasonable attorneys’ fees and costs of such action,

in addition to any other relief granted to the Company.

 

Contact Us

If you have questions about these Terms, please contact us by email

at

terms@nextdaydeliverycompany.com