Terms of Service

Last Updated on May 14, 2020 . These terms and conditions are effective immediately.

These terms and conditions (the "Terms") govern your access to and use of curbsidemall’s websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with curbsidemall, a Texas and Delaware corporation headquartered in Las Vegas, Nevada ("curbsidemall"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms. Individuals, Corporations or other entities, will be prosecuted to the fullest extent of the law for unauthorized copyright infringement.

1. Definitions

1.      Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site and may also be considered a Merchant or Customer. "We," "us," and "our" refer to curbsidemall.

2.      Content

"Content" means text, images, photos, audio, video, location data, coupons, curbsidemall coupons, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through or in connection with the Site, such as ratings, reviews, responses to reviews, compliments, invitations, check-ins, your personal curbsidemall coupons, messages, and information that you publicly display or displayed in your account profile to include images of your business, inside or out. "User Content" means Content that users submit or transmit to, through or in connection with the Site. "curbsidemallContent" means Content that we create and make available in connection with the Site or even graphics and images that you have uploaded to the site to create your own coupons for use on our site, curbsidemall. "Third Party Content" means Content that originates from parties other than curbsidemall or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and curbsidemallContent.

2. Changes to the Terms of Service

We may modify the Terms from time to time. The most current version of these Terms will be located here . You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with curbsidemall, and any inconsistencies among the different versions will be resolved in favor of the English version.

4. Using the Site

1.      Eligibility

Customers: To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

Merchants: To access this Site, you must be 18 years or older, and be the owner of at least one "brick and mortar" location, anywhere in the world. You may be asked to provide proof of ownership in order toactivate an account to market your brick and mortar location. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account, unless online or written permission is granted.

A Registration Fee and Advertising or Customer Acquisition Fee:: To access this Site, you will be charged a Registration Fee of between $100.00 - $5,000.00 depending on the number of stores you want to activate. However, due to the ongoing pandemic, you may be asked to pay a onetime charge of as little as $50.00 per activated store. You will also be required to pay a customer acquisition fee of between 1% - 3% of a customers’ total invoice. For example, if a customers’ total invoice is $100.00, curbsidemall will charge you 1-2.5% of that charge for guiding that customer to you. That fee becomes 1% once total invoice reaches $3,000.00 or more. Please see chart in your account.

2.      Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate, though we will make every attempt to prevent subjecting you to offensive language or images.

3.      Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

4.      User Accounts

We have 5 types of users: Customers, Merchants, Affiliates, Independent Sales Reps and Customer Service Representatives.

 

Customers:

1.        Customers may be interested in purchasing merchandise from merchants at any given time from their home or the comfort of their car. Customers must order products and services in an orderly manner. Customer must also pick up merchandise when suggested times are provided. Customer understands that once an order number is given to the merchant, all transactions after release of your confirmation code, must be conducting with the merchant directly. Additional information will be provided my curbsidemall when necessary, to include contact name, phone number, email, etc.

2.        You are responsible for maintaining the confidentiality of your account password.

3.        You are also responsible for all activities that occur in connection with your account.

4.        You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

5.        When accessing funds through our Affiliate Program….if money is to be withdrawn or used for purchases, all of your information will be verified to ensure funds are being sent to the proper person. Furthermore, make sure you are using current, updated and accurate information because in order to get any money back or to have Affiliate Revenue sent to you, you must be able to retrieve a code that will be sent to your email address and enter that code in the appropriate area. So make sure you keep track of your information.

6.        Your account is for your personal, commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

7.        Funds will not be released to a Customer who uses a pseudonym.

 

Merchants:

1.        Merchants are responsible for uploading their inventory template, images and keeping track of their inventory. Though our system will track when items are purchased and inventory is reduced, it is your responsible for re-ordering your products and or services.

2.        You are responsible for maintaining the confidentiality of your account password.

3.        You are also responsible for all activities that occur in connection with your account.

4.        You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason, though you will be provided a refund for remaining funds located in your account within 30 days.

5.        Your account is for commercial use only. In creating it, we ask that you provide complete and accurate information about yourself and your company to bolster your credibility as a Merchant on our site. You may not impersonate someone else (e.g., adopt the identity of another Merchant, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts, unless you have different business with different interests and proof of ownership has been accepted.

 

CSR:

1. Customer Service Representatives can only access this site for the sole purpose of conducting day to day Customer Service Support.

5. Content

1.      Responsibility for Your Content. To include Password and User Name

You alone are responsible for Your Content, especially the content located on your curbsidemall. Though all products go through an approval process before they go live, you are still responsible for the content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by curbsidemall. .

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

2.      Responsibility for your Password and User Name

It is truly and most importantly your responsibility to create a password that is difficult to obtain and hard to guess by strangers. Cash money located in your curbsidemall account will be associated with your password. Therefore, your password must be kept in a safe place and not given to anyone. You must provide the same protection for your User name as well. We are not responsible for releasing money to anyone who may have stolen or used your password and username to withdraw money from your account, without your consent.

3.     Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it.

As such, you hereby irrevocably grant curbsidemall world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose, if used to promote your products or services only. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against curbsidemalland its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, electronic copies where allowed, publicly perform and display, electronically reproduce, distribute, not-modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content as necessary.

4.     Ownership

As between you and Curbsidemall, you own Your Content. We own the Curbsidemall Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Curbsidemall Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Curbsidemall Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Curbsidemall Content are retained by us.

5.     Advertising

curbsidemall and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Very seldomly will this happen though.

6.     Content Feeds

We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site") when available, provided that (i) your use of the Feeds is for commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on curbsidemall's websites, and attributes curbsidemall as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that curbsidemall promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden curbsidemall's systems. curbsidemall reserves all rights in the Feed Content and may terminate the Feeds at any time.

7.     Other

User Content (including any that may have been created by users employed or contracted by curbsidemall) does not necessarily reflect the opinion of curbsidemall. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it is inappropriate. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content, though it will become available as reviews and comments are made on behalf of your site.

6. Restrictions

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

1.      You agree not to, and will not assist, encourage, or enable others to use the Site to:

1.       Steal from other Merchants by uploading fraudulent products with inflated values.

2.       Violate ourTerms and Services, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;

3.       Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

4.       Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

5.       Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by curbsidemall;

6.       Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;

7.       Solicit personal information from minors, or submit or transmit pornography; or

8.       Violate any applicable law.

 

2.      You also agree not to, and will not assist, encourage, or enable others to:

1.       Violate the Terms;

2.       Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by curbsidemall;

3.       Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

4.       Reverse engineer any portion of the Site;

5.       Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

6.       Record, process, or mine information about other users;

7.       Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;

8.       Reformat or frame any portion of the Site;

9.       Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Curbsidemall's technology infrastructure or otherwise make excessive traffic demands of the Site;

10.  Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

11.  Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

12.  Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

13.  Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or

14.  Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us. Together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

7. Guidelines and Policies

1.      Content Guidelines

You represent that you have read and understood our Terms & Services.

2.      Privacy

You represent that you have read and understood our Privacy Policy . Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

3.      Events

Please be aware of event information in the form of information on our site or emails sent directly to you.

8. Using curbsidemall

Customer:

Making a Purchase: To make a purchase from a merchant, take the following steps:

Step 1: Click on our app, curbsidemall

Step 2: You will see a list of merchants to the right side of your phone screen.

Step 3: Select the merchant you want to do business with.

Step 4: Click on the E-commerce option.

Step 5: Select the products you are interested in purchasing and place them in your shopping cart.

Step 6: When you are ready, click on the check out link, purchase your products and Check Out.

This process works the same way if you enter a merchants’ name or a product name in the Search Box.

Collecting Your Merchandise:

After you have placed your order and made your purchase, the merchant will receive a notice that they have an order. During the checkout process, you will have 3 options to receive your merchandise, though with the current Pandemic, you may want to consider just two.

  1. I would like to come inside and pick up my order quickly.
  2. I would like for you to deliver my order to my car. (Provide a time)
  3. I would like for you to deliver my order to my home.

If you select either option 1 or option 2, once your purchase is made, you will immediately receive the following message:

Thank you for shopping with curbsidemall. To retrieve your order # FE447-OJXBL, share the following code with the merchant: 948486. Thank you for your purchase.

You will be required to provide the cashier or store worker your code in order to have merchandise released. You will be provided instructions on what to do exactly.

If you selected option 3 and want merchandise delivered to your home, you will be provided with a cost to have that item delivered. Once that items has been paid for, we will then make arrangements to have merchandise delivered to your home.

NOTE: Once you provide that code to the merchant, any problems you have with your order, whether you want a refund, you have items on back order, etc, you must contact the merchant to work out any problems. We will not have your money at this point and it will be up to the merchant to keep you as a happy customer.

However, we do ask that you contact curbsidemall simply to report an issue you may be having with a Merchant. curbsidemall will try to get funds back from merchant immediately, and if we have continued complaints about that merchant, they will immediately be closed down and block if it is discovered that they are deceiving or stealing from our Customers.

Requesting a Refund:

If you want a refund, and you have not given your Customer Code to the Merchant, we will provide you a refund immediately. It normally takes 3-5 days to receive your refund, but that is the quickest time frame we can provide your refund.

Please remember, however, if you have already provided your Customer Code to the merchant, we will NOT be able to provide you a refund and you must deal with merchant for a complete refund.

Note: If you provide the merchant your Customer Code, it is your responsibility to secure products from merchant.

Canceling an order:

If you have NOT provided the merchant your Customer Code, we can cancel your order immediately. However, as mentioned above, if you have provided the merchant your Customer Code, we cannot provide you a refund. We may be able to visit with the merchant on your behalf, but we may not be able to get you your money back.

Charges
Typically, you are not charged a penny to use our app. However, you may have additional charges added to your invoice, if you have selected a home delivery option. See charge in your account. Click here to open an account.

Merchants:

Uploading Merchandise:

In order to receive sales, it is your responsibility to upload as much information as you want on each product or service you want to make available on curbsidemall. The more products you upload, the greater opportunity you have for a sale.

Receiving a Sale

In receiving a sale, if you have activated your account with curbsidemall, each time a sale is made, you will receive the following message:

GREAT NEWS-You have an order from CURBSIDEMALL! Fill and deliver order quickly. Your funds will be released as soon as you enter the Customers’ Code. Congrats!

Once the order is filled, review delivery method. If they are coming into your store or if you are taking products out to their car, YOU MUST MAKE SURE THAT YOU RETRIEVE THE CUSTOMER CODE FROM THE CUSTOMER. YOU WILL NOT RECEIVE FUNDING UNLESS YOU ENTER THE CUSTOMER CODE IN THE SPACE PROVIDED ON YOUR APP. HOWEVER, ONCE THAT INFORMATION IS RETREIVED, MONEY WILL BE RELEASED AND PLACED IN YOUR ACCOUNT IMMEDIATELY.

Delivering merchandise

If arrangements have been made for delivery of your product or services, be sure to make arrangements to have products or services delivered promptly.

Providing Refund

Please remember, once a customer has provided you with their Customer Code, it is your responsibility for any refunds, exchanges, etc. curbsidemall will be out of that transaction completely.

Canceling an Order

If a customer wants to cancel an order, we will cancel their order, if they have not provided you their Customer Code. If they have provided you with their Customer Code and you have entered that information into your app, YOU will become responsible for canceling customer order, not curbsidemall.

  1. You must review our Redemption Value Chart daily, to be reminded of what our charges are per invoice.

9. Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against curbsidemall and its users any claims and assertions of any moral rights contained in such Feedback. However, if your Feedback is useful and curbsidemall decides to use your Feedback to improve how our site works, at our discretion, we MAY provide you a financial reward as a show of our appreciation, which may range from $50.00-$1,000.00.

10. Third Parties

The Site may include links to other websites or applications (each, a "Third Party Site" ). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.

11. Indemnity

You agree to indemnify, defend, and hold curbsidemall, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "curbsidemallEntities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. curbsidemall 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 such matter without the prior written consent of curbsidemall. curbsidemall will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE curbsidemall ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

1.       THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE curbsidemall ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE curbsidemall ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE curbsidemall ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

2.       THE curbsidemall ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE curbsidemall ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

3.       THE curbsidemallENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE curbsidemallENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

4.       YOUR YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

5.       THE curbsidemall ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE curbsidemall ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

6.       THE curbsidemallENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

13. Choice of Law and Venue

Nevada law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and curbsidemall (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN LAS VEGAS, CLARK COUNTY, NEVADA.

14. Termination

1.  You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing curbsidemall with a notice of termination via email. Please review our Privacy Policy for information about what we do with your account when terminated.

2.  We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

3.  In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

15. General Terms

1.  We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. If site is discontinued, Merchants will be provided a refund of funds remaining in your Merchant Account, if closure of site is not due to Bankruptcy.

2.  We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

3.  Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

4.  The Terms contain the entire agreement between you and us regarding the use of the Siteand supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

5.  Any failure on curbsidemall’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

6.  If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

7.  The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with curbsidemall's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

8.  The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

Affiliates Merchants

1.       If you decide to become an Affiliate of curbsidemall and you recommend our site to other Merchants, and they register with curbsidemall and pay for their packet you will be entitled to a commission of between 1% and 75% per registration.

2.       Registration payments are Non-Refundable after 15 days, so you will be paid a commission on each registration, 30 days after the initial registration of the Merchant you recommended.

3.       If for some reason, a refund was granted back to the Merchant, after the 30 days grace period, the appropriate funds will be removed from your account as other registrants registers using your Affiliate Code.

4.       If a Merchant wants to use you as a referral to our site, they must enter your Affiliate Code during registration. Merchant may not be able to add it later.

5.       If you decide to become an Affiliate, this document will be considered a non-compete contract and you are not allowed to begin, nor partner with anyone looking to create a similar site. Nor are you allowed to take features found on this site to incorporate in another site.

Affiliates Customers

6.       If you decide to become an Affiliate of curbsidemall and you recommend our site to other Merchants, and they register with curbsidemall and pay for their packet you will be entitled to a commission of between 1% and 75% per registration.

7.       Registration payments are Non-Refundable after 15 days, so you will be paid a commission on each registration, 30 days after the initial registration of the Merchant you recommended.

8.       If for some reason, a refund was granted back to the Merchant, after the 30 days grace period, the appropriate funds will be removed from your account as other registrants registers using your Affiliate Code.

9.        If you decide to become an Affiliate, this document will be considered a non-compete contract and you are not allowed to begin, nor partner with anyone looking to create a similar site. Nor are you allowed to take features found on this site to incorporate in another site.

Prize Winner:

Customers who win prizes with curbsidemall must do the following:

  1. Promote and vigorously advertise your winnings on social media.
  2. Continue to use curbsidemall
  3. Let family and friends know about curbsidemall
  4. Agree to be used for advertising purpose for curbsidemall.


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