Terms of use

Effective Date: September 26, 2018
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
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
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
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.
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
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).
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 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.
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.
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