Terms

Curbside, Inc. Application Terms of Use Effective Date: April 19, 2014

Curbside, Inc., which has created the Curbside mobile application, requires that users of the Curbside app adhere to these Terms of Use (or “Terms”) when they use the app. If you use the Curbside app, then these Terms of Use are a binding agreement between Curbside and you, and if at any time you do not agree with all of the terms included here, then you must immediately discontinue your use of the Curbside app. These Terms also give Curbside legal rights in the event that you should breach any of the terms included here, so it is important that you read these Terms of Use carefully and ensure that you are in agreement with all of them.

Our business and technology are always evolving, and so from time to time we may decide to make revisions to these Terms of Use. It is your obligation to review these Terms periodically to make sure you are remain in agreement with them. The Curbside app will always include a link to our most up-to-date Terms, and we include an effective date at the top of the Terms, so you can quickly see when they were last updated.

The Curbside app is a software program, and we are licensing the app to you, for your personal, noncommercial use only. You only obtain this limited license, which we can revoke from you if we learn that you have violated any of these Terms, and we retain full and complete ownership of the app and all intellectual property rights therein. You are not permitted to decompile, reverse-engineer, disassemble, or otherwise convert or attempt to convert the app to a human-perceivable form of code. The Curbside name and logo, together with our other trademarks and logos are the property of Curbside, Inc., and you may not copy, use or display them in any manner (excluding displays found in or generated by the app) without our prior written consent, which we may withhold in our sole discretion. Other names and logos that may appear in the app are the property of their respective owners.

Our Privacy Policy, which explains how we collect and use information about our users, is part of our Terms of Use for the app, and can be reviewed at any time by following the Privacy Policy link in the app. By using the app, you are indicating your agreement to the Privacy Policy as part of these Terms.

In order to use the Curbside app to browse nearby stores and/or make any purchases:

You must be at least 18 years of age
You must sign up for an account if you want to make purchases with the app
When you sign up, all of the information you provide must be complete and accurate
You must use your own account only, and you must not permit anyone else to use your account
You must comply with all laws, rules and regulations applicable to your use of the app and your purchase and pickup of products from nearby stores
You must respect and obey all laws regarding copyright and trademark ownership and use of intellectual property
You must not attempt to violate any security features of the app, or of any software, content or other features available from the app
Curbside reserves the right to suspend or terminate the account of anyone who is found to have used a fake name, email or mobile phone number on their account, permitted other users to access and use their account, or used the account of any other user. The confidentiality of your account password is entirely your responsibility, and you must notify Curbside immediately if you suspect or learn of any unauthorized use of your account. Curbside will not be liable for any loss that results from someone else using your Curbside account, either with or without your knowledge.

By using the Curbside app to buy products from local stores, and by providing us with your credit card information and with any rewards card (or similar customer loyalty card) information that you choose to provide in order to make those purchases, you are authorizing us and designating us as your agent to act on your behalf in making those purchases, which includes (without limitation) using your credit card and applying your rewards card number where applicable. You understand that we will be using your name, address, and other relevant information as required in order to make purchases, and agree to indemnify us and hold us harmless from and against any claims that we were not entitled to act as your agent, use your credit card, rewards card or other information, or make any purchases on your behalf.

By placing a Curbside pickup order with Best Buy, you are subject to the Conditions of Use, Privacy Policy, Returns and Exchange Promise, and other policies of BestBuy.com.

In order for the Curbside app to work as intended, we need to access location data about you, and it is your responsibility to ensure that Curbside has access to information about your location when you use the Curbside app. Missing, inaccurate or incomplete location information may prevent the Curbside app from completing or delivering purchases that you make, and you will be solely liable for (and Curbside will have no liability for) any purchases that are not completed or that contain errors or other mistakes as a result of incomplete or inaccurate location information from you.

We reserve the right to block or terminate your use of the Curbside app at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the app, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the app. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your use of the app immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms, furnished us with false or misleading information, or interfered with our operation of the app or use of the app by others.

THE APP AND ITS CONTENT AND FEATURES ARE MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURBSIDE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APPLICATION AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CURBSIDE DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

CURBSIDE’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CURBSIDE APP OR ANY SERVICES PROVIDED TO YOU BY CURBSIDE. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. WE MAY TERMINATE YOUR ACCESS TO THE APP OR ALTER OR DELETE THE APP OR ITS CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN OUR SOLE DISCRETION.

While we make purchases from third parties on your behalf, we have no control over, and no liability for the websites operated by these third parties, or any products or services offered by these third parties. We make no guarantees about the accuracy, currency, content, or quality of the information we may provide from time to time regarding these third parties, nor do we assume any responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may come from these third parties.

You agree to indemnify and hold harmless Curbside and its owners, officers, directors, employees, contractors, representatives, successors and assigns from any and all third party claims (including any losses, liability, damages, and/or costs related thereto, and further including our reasonable attorney fees and costs) arising from your Curbside account, your use of the Curbside app, or your violation of these Terms. We will notify you of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claims.

The Curbside app is controlled and operated by Curbside from its offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of the application should not be construed as Curbside purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. California law will govern these Terms and your use of the app, and in the event that you should bring any claim against Curbside, you agree to do so exclusively in Santa Clara County, California, in any state or federal court having jurisdiction.

Any time you have any questions about these Terms of Use, or about the Curbside app in general, please email us at help@curbside.com and we will get back to you as quickly as possible.

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