SWEET HOME DELIVERY TERMS OF USE 

Welcome to the user agreement platform for the services offered by Sweet Home Delivery Company, LLC., (“Sweet Home Delivery”, “we,” “our” or “us”).  The following terms and conditions (the “Terms”) govern your access to and/or use of the website and Sweet Home Delivery content, services and products available at and/or through the site and other services (collectively, the “Services”).

1. Acceptance of terms

The Services are offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Sweet Home Delivery Privacy Policy) and procedures that may be published from time to time by Sweet Home Delivery related to the Services, which shall be incorporated herein by reference.  By accessing, registering for and/or using the Services in any manner you agree to the Terms.  If you do not agree to the Terms, do not use the Services.  

2. Sweet Home Delivery is a Venue 

2.1 Is a Venue. Sweet Home Delivery (“Company”) is a Venue that is “active,” “valid,” “current,” or the equivalent under the laws of the state of Alabama and provides an online location for sellers who comply with Sweet Home Delivery’s policies and can legally sell the product and buyers can be able to purchase the products. Notwithstanding, Sweet Home Delivery is not responsible for the safety, accuracy, or the legality of any and all of the products listed and Sweet Home Delivery is not directly involved in the transactions by and between seller and buyer. 

2.2 Shipping. Sweet Home Delivery does not in any way guarantee or warrant the shipping terms provided in its website and does not guarantee the shipping or arrival dates of the purchased products. Sweet Home Delivery does not allow for any returns, refunds or cancellations on any orders that have shipped. You agree and acknowledge that your use of the Sweet Home Delivery site and access to the services offered is solely at your own risk. 

3. Changes

We may make changes to the Terms and/or our other operating rules, policies and/or procedures from time to time, in our sole and absolute discretion.  We will notify you of any changes to the Terms by posting the updated Terms on Sweet Home Delivery site and/or the Services, and we will revise the “Updated” date above.  Any changes to our operating rules, policies and/or procedures shall be incorporated herein.  It is your responsibility to review the Terms frequently and to remain informed of any changes to them.  We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances including but not limited to sending you an email informing you of the changes and/or by prominently posting notice of the changes on our website and/or Services.  If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes.  The then-current version of the Terms will supersede all earlier versions.  You agree that your continued use of the Services after such changes have been published will constitute your acceptance of such revised Terms and operating rules, policies and/or procedures (as applicable).

4. License 

4.1. Ownership and Rights to Access and/or Use the Services. By using the Services and subject to your compliance with the Terms: (i) Sweet Home Delivery and our licensors grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of Sweet Home Delivery.  Neither the Terms nor your access to and/or use of the Services transfers to you and/or any third party any rights, title and/or interest in any intellectual property rights related to the Services.  

4.2. Your License. If you submit material, and unless we indicate otherwise, you grant Sweet Home Delivery and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant Sweet Home Delivery and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through the Site; that the content is accurate; that the content and the items are lawful and not stolen; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sweet Home Delivery and its affiliates for all claims arising from content you supply. Sweet Home Delivery has the right but not the obligation to monitor and edit or remove any activity or content. Sweet Home Delivery takes no responsibility and assumes no liability for any content submitted by you or any third party.

4.3. Reservation of Rights. Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties.  Subject to the limited rights expressly granted hereunder, Sweet Home Delivery and/or its third-party providers, licensors, and suppliers reserve all right, title and interest in and to the Services, including without limitation all related worldwide intellectual property rights.  No rights are granted to you hereunder other than as expressly set forth herein. 

4.4. Availability of Content.  We do not guarantee that any content will be made available on the Services.  We reserve the right to, but do not have any obligation to, (i) remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated the Terms), and/or for no reason at all and (ii) remove or block any content from the Services. 

4.5. Membership Eligibility. Sweet Home Delivery Site is not intended for use by children. If you are a minor i.e., under the age of 18 years, you may use the Site and Sweet Home Delivery only with involvement of a parent or guardian. Sweet Home Delivery and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion
You must not use the Site in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Sweet Home Delivery, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only and only in accordance with the applicable law.

5. Scope of use

5.1. Use of Services and Availability.  Sweet Home Delivery retains the right, in its sole and absolute discretion, to deny access to and/or use of the Services to anyone at any time and for any reason.  While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time.  You understand and agree that there may be interruptions to the Services and/or use of and/or access to your Account due to circumstances both within our control (e.g., routine maintenance) and outside of Sweet Home Delivery control.  You are solely responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access and/or use the Services is revoked where your access to and/or use of the Services is prohibited.  Further, the Services are offered only for your use, and not for the use and/or benefit of any third party.

5.2. Creating an Account.  To sign up, access and/or use the Services, you must create an account (an “Account”).  Your Account requires you to (i) indicate agreement to the Terms, (ii) provide contact information, and (iii) submit any other form of authentication required during the registration process, as determined by Sweet Home Delivery in its sole and absolute discretion. You agree not to create an Account and/or use the Services if you have been previously removed by us and/or banned from the Services.  You agree that Sweet Home Delivery will not be liable to you and/or to any third party for any suspension and/or termination of your Account and/or any refusal of any access to and/or use of the Services (or any portion thereof).  You must provide accurate and complete information and keep your Account information updated.  You shall not: (a) select and/or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; and/or (c) use as a username a name that is otherwise offensive, vulgar and/or obscene.  You are solely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with your Account.  Your Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person.  If you violate the Terms, we will reserve the right to terminate your account immediately.  You must notify us immediately of any change in your eligibility to use the Services (including any changes to and/or revocation of any licenses from state authorities), breach of security and/or unauthorized access to and/or use of your Account.  You should never publish, distribute and/or post login information for your Account.  If we terminate your Account, you may not subscribe under a new Account unless we formally invite you.  You must immediately notify Sweet Home Delivery of any unauthorized uses of your Account or any other breaches of security.  Sweet Home Delivery will not be liable for any acts and/or omissions by you, including without limitation any damages of any kind incurred as a result of such acts and/or omissions. Any unauthorized use of the Services terminates the rights granted by Sweet Home Delivery pursuant to the Terms.  

6. Listings and Selling

6.1.1. By listing a product on Sweet Home Delivery site, you acknowledge and agree that you and all aspects of the product comply with Sweet Home Delivery’s policies and you can legally sell the product. The venue provides an online location for sellers to sell and buyers to purchase products. The seller must accurately describe his/her product and all terms of sale in Sweet Home Delivery shop, the listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that product;

6.1.2. we shall accept binding sales, on behalf of sellers, but Jumia is not a party to the transaction between the seller and the buyer; and

6.1.3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.

6.2. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

6.2.1. the price for a product will be as stated in the relevant product listing and must be accurate;

6.2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;

6.2.3. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;

6.2.4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and

6.2.5. the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions including in respect of third-party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

7. Sweet Home Delivery E-gift cards

Sweet Home Delivery E-gift cards can be used to buy any product available for purchase in Sweet Home Delivery site. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card.  If the buyer activates the E-Card, then the value of the E-Card will appear in the buyer’s shopping cart as a credit toward purchases on Sweet Home Delivery. In the event the buyer’s purchase is more than the amount of the E-Card, then the buyer is obliged to pay the balance by either credit card or other available payment method, in accordance with Sweet Home Delivery payment policies. In no event can E- Cards be used to purchase other E-Cards and the Purchases made with E-Cards are not eligible to earn Referral Credits. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other Sweet Home Delivery Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if they cancel their Sweet Home Delivery account. E- Cards are not currency, and do not have cash value outside of Sweet Home Delivery. Sweet Home Delivery takes no responsibility for any unauthorized use of an E-Card.

8. Electronic Communications 

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

9. Content

9.1. You represent and warrant that: (i) any information and/or Content you provide in connection with your access to and/or use of the Services is true, accurate and complete and you will maintain and update such information regularly; and (ii) you will respect the intellectual property, other information and all rights of Sweet Home Delivery and others using the Services.

9.2. User Content.  All content you or your users upload, create, submit, distribute, and/or post to the Services, including but not limited to, listings, document layouts, source code, pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, personalization settings and other information and/or content, which is or may be provided to Sweet Home Delivery and/or placed on the user’s Sweet Home Delivery profile page or inputted and/or uploaded by you via the Services (“User Content”) whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.  Sweet Home Delivery has no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage and/or transmission of other communications originating with and/or involving use of the Services. You hereby grant Sweet Home Delivery a worldwide, perpetual, non-exclusive, royalty-free, perpetual, irrevocable, assignable, sub-licensable, transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform the User Content for purposes of providing the Services and allow Sweet Home Delivery to use your name for Sweet Home Delivery marketing purposes. You alone are responsible for User Content, and once published, it cannot always be withdrawn.  You represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in the Terms.  

9.3. Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to Sweet Home Delivery a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.  Sweet Home Delivery will treat any Feedback you provide to Sweet Home Delivery as non-confidential and non-proprietary. You represent and warrant that you have all rights necessary to submit the Feedback.

9.4. Content Provided by Others.  The Services may contain Content provided by other users and/or third parties. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you.  We are not responsible for and do not control such User Content. Sweet Home Delivery disclaims any and all liability for your disclosure of personally identifiable or confidential information you submit via the Services to other users.  It is your responsibility to ensure that Services users to whom you submit personally identifiable or confidential information will take appropriate security and non-disclosure measures.

10. Prohibited content

You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that: 

(i) is unlawful and/or promotes unlawful activities;

(ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group;

(iii) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability;

(iv) is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation and/or any form of lottery and/or gambling;

(v) contains and/or installs any viruses, worms, malware, Trojan horses and/or other content that is designed or intended to disrupt, damage and/or limit the functioning of any software, hardware, and/or telecommunications equipment and/or to damage and/or obtain unauthorized access to any data and/or other information of any third party;

(vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights;

(vii) impersonates any person or entity, including any of our employees or representatives; and/or

(viii) violates the privacy of any third party.

11. Review of user content

11.1. Enforcement.  Sweet Home Delivery does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content and/or the behaviour of users of User Content and/or the Services.  Sweet Home Delivery may, but shall not be obliged to, review, either by manual and/or automated means, all User Content which is and/or may be uploaded on this Services, and monitor and/or review any areas of this Services where users transmit and/or post communications or communicate with each other or Sweet Home Delivery (as applicable).  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms and/or otherwise create liability for us or any other person.  Such action may include without limitation removing and/or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

11.2. User Content Liability.  Sweet Home Delivery shall not be liable for any loss, deletion, removal and/or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access and/or otherwise. You are encouraged to retain a back-up copy of all User Content and you undertake that you shall do so in respect of all uploaded User Content.  Sweet Home Delivery reserves the right to deny access to this site and delete User Content at any time without notice.

12. Term; Termination

Subject to this Section, the Terms will remain in full force and effect while you access and/or use the Services.  We may terminate your Account and/or your access to and/or use of all or any part of the Services at any time, with or without cause, with or without notice, effective immediately and without liability, which may involve deletion of your User Content associated with your Account from our databases.  You agree that Sweet Home Delivery will not be liable to you or to any third party for such removal.  If you wish to terminate your Account, you may do so by following the instructions through your Account.  Sweet Home Delivery will not have any liability whatsoever to you for any termination of your rights under the Terms, including without limitation for termination of your Account and/or deletion of your User Content.  

13.  Disclaimer of liability

13.1. Sweet Home Delivery is under no obligation to become involved in any dispute that you have with other users and/or in any incident that you are party to with other users, or that are affected by and/or otherwise related to the Services.

13.2. Sweet Home Delivery disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content.  You are solely responsible for any damage (including without limitation to the Services) resulting from use (and/or submission) of any User Content and/or the Services (including without limitation disputes and incidents described in the preceding sections) and related transactions and/or occurrences. Sweet Home Delivery shall have no responsibility for unauthorized access to your Account, and/or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).

14. Disclaimer of warranties and limitation of liability

14.1. DISCLAIMER OF WARRANTIES.  THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY SWEET HOME DELIVERY TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS.  SWEET HOME DELIVERY DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH SWEET HOME DELIVERY EXPRESSLY DISCLAIMS.  WITHOUT LIMITING THE FOREGOING, SWEET HOME DELIVERY AND/OR ITS LICENSORS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY THAT (I) THE SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; (III) ANY CONTENT AND/OR SOFTWARE AVAILABLE AT AND/OR THROUGH THE SERVICES IS FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS AND/OR (IV) SWEET HOME DELIVERY WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT.  NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM SWEET HOME DELIVERY AND/OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

14.2. LIMITATION OF LIABILITY.  IN NO EVENT SHALL SWEET HOME DELIVERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SWEET HOME DELIVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; AND/OR (II) ANY BUGS, VIRUSES, TROJAN HORSES, AND/OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).  THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY SWEET HOME DELIVERY ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, SWEET HOME DELIVERY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnity and waiver

15.1. Indemnification.  You will defend, indemnify and hold Sweet Home Delivery, our licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/or relate to (i) your use of the Services and/or inability to use the Services; (ii) your User Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through use of the Services or User Content; (v) fraud you commit and/or your intentional misconduct and/or negligence (vi) your interaction with any other user; and/or (vii) your use of the Services that is in violation of any applicable privacy law.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.  You agree not to settle any matter without the prior written consent of Sweet Home Delivery.  Sweet Home Delivery will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.  

15.2. Waiver.  You hereby forever discharge and release us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to: (i) the Services; (ii) any inaccurate, incomplete, unreliable, illegal or infringing content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (iii) the conduct, whether online or offline, of any user; (iv) any injury, loss or damage caused by another user or User Content posted on the Services, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of, the Services users’ communications.

16. THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES

16.1 Third parties may offer products or services via the Sweet Home Delivery Websites. Whilst Sweet Home Delivery takes no responsibility for such products or services, if you encounter any problems with payment for or, use of such products or services, Sweet Home Delivery will use commercially reasonable endeavours to assist or resolve the problems. The third-party products or services may be subject to the third-party provider’s own terms and privacy policy that you may have to accept upon access. You should review such terms before making any purchase or using any third-party product or service and Sweet Home Delivery shall not be responsible for your failure to do so.

16.2 You acknowledge and agree that any third-party product information and pricing that is shown on the Sweet Home Delivery site regarding third-party products and services is given to Sweet Home Delivery by the applicable third-party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate its product availability at any time. Sweet Home Delivery is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Sweet Home Delivery sites. Sweet Home Delivery does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, shipping, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ sites; (iii) the availability of the Merchant’s sites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ sites, nor any listing or other content about such products and services displayed on the Sweet Home Delivery Websites; (v) links to the Merchants’ websites that are featured on the Sweet Home Delivery Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

16.3 The Sweet Home Delivery sites may include hyperlinks to other third-party sites. Sweet Home Delivery is not responsible for such third-party websites or the availability of such websites and does not endorse any content or material on such third-party websites. Your use of each of these third-party sites is subject to the terms and conditions posted on the applicable website.

17. Miscellaneous

17.1. Entire Agreement; Conflict.  Unless otherwise agreed to by Sweet Home Delivery and you in writing, the Terms (including without limitation the terms and conditions set forth herein and Sweet Home Delivery operating rules, policies and/or procedures as described above) constitutes the entire agreement between Sweet Home Delivery and you concerning the subject matter hereof. 

17.2. Governing Law.  Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Services will be governed by the laws of the State of Alabama, U.S.A., excluding its conflict of law provisions. 

17.3. Arbitration. 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED HEREUNDER, YOU AGREE THAT DISPUTES BETWEEN YOU AND SWEET HOME DELIVERY WILL BE RESOLVED BY MANDATORY ARBITRATION IN THE STATE OF ALABAMA AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules (“Rules”) of the Alabama Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The prevailing party in any action or proceeding to enforce the Terms shall be entitled to costs and attorneys’ fees.  You can opt-out and decline this agreement to arbitrate by contacting Sweet Home Delivery within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted the Terms).

17.4. No Agency. You and Sweet Home Delivery agree that both parties are independent contractors and this Agreement forms no agency, any partnership, joint venture, employee-employer or franchiser-franchisee relationship.

17.5. Severability.  If any part of the Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Terms and/or any breach thereof, in any one instance, will not waive such term and/or condition or any subsequent breach thereof.

17.6. Assignment. You may not assign your rights under the Terms to any other party without Sweet Home Delivery express prior written consent; Sweet Home Delivery may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

17.7. Force Majeure. Except for payment obligations, neither Sweet Home Delivery nor customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party provider or utility provider, shortages, riots, fires, acts of God, war, strikes, terrorism, and governmental action.

17.8. Survival.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

17.9. No Waiver.  No waiver by either you and/or Sweet Home Delivery of any breach and/or default and/or failure to exercise any right allowed under the Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under the Terms.