Customer Terms of Service 

Pac-Mid Technology Group, Inc. dba Droppz

These (Terms of Service) outline the rules for using Droppz’s marketplace for cannabis, hemp, seeds, and accessory ordering, delivery services and shipping, DropPay subscription program, Droppz marketplace and point-of-sale (POS) services, DropPay ACH payment, and cashless QR-code payment options (collectively called the "Services"). These Services are provided by Pac-Mid Technology Group, Inc., doing business as Droppz ("Droppz," "we," or "us"), and are accessible to individual users ("you" or "your") through our website at www.droppzapp.com (the "Website"), the Droppz mobile app available in the Apple App Store and Google Play Store ("Droppz"), or through menus on a retailers or merchant’s ("Vendors") website or retail store that integrates with Droppz. PLEASE NOTE: THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS TO RESOLVE DISPUTES. WHEN UTILIZING DROPPZ APP YOU ARE AGREEING THAT YOU WILL COMPLY WITH YOUR JURISDICTION LAWS AND REGULATIONS FOR PRODUCTS LISTED ON DROPPZ. YOU ALSO ATTEST YOU ARE AGE 21 OR OVER.

By accessing or using the Services, Website, or Droppz App, you confirm that you accept these Terms of Service, are of legal age to order cannabis products in your location, and are legally competent to agree to these Terms. If you do not agree to these Terms, you may not be able to use the Services, Website, or Droppz App.

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Privacy Policy. Our practices regarding privacy and communicating with users in operating the Services and the Website are described in our Privacy Policy. Please review our Privacy Policy to learn about what information we collect from you, how we use and share it, and how we communicate with our users.  Our Privacy Policy can be accessed here:  https://www.droppzapp.com/privacy-policy.

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Key Points:

Droppz is not an adult-use marijuana retailer, medical cannabis dispensary, collective or cooperative. It is a service that connects adult-use marijuana retailers and/or medical cannabis dispensaries (collectively, "Cannabis Retailers") with their customers and/or primary caregivers. Droppz does not set pricing, or maintain any inventory of cannabis. Droppz offers you the convenience of receiving information about the Cannabis Retailers. Droppz neither endorses nor is responsible for the accuracy or reliability of any information, content, quality of goods or services offered by the Cannabis Retailers and cannot make any representations or warranties with respect to whether the Cannabis Retailers are compliant with applicable State rules and regulations. All questions regarding Cannabis Retailers' products and/or services featured on the Site and/or the Services should be directed to the appropriate Cannabis Retailers. The information provided through the Services is not intended to be a substitute for professional medical advice, diagnosis, cure or treatment. Droppz does not recommend or endorse any specific physicians, products, tests, procedures, opinions or other information that may be mentioned on the Site. App, and/or the Services. Always seek the advice of a qualified medical professional with any questions you may have regarding your condition. Do not disregard professional medical advice or delay in seeking it because of Information on the Site, App, and/or the Services. Reliance on any Information is solely at your own risk. The germination and cultivation of hemp seeds could be restricted and/or illegal in several countries, states, and/or local jurisdictions, please inform yourself regarding the hemp laws in your jurisdiction. By purchasing hemp seeds from Droppz you accept any and all liability regarding the possession, germination or cultivation of hemp in your jurisdiction. Droppz makes no guarantees or warrants regarding legalities of hemp cultivation in your jurisdiction. Our hemp seeds contain less than 0.3% Delta 9 THC, compliant with applicable Federal Laws.

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1.        ACCEPTANCE

 

A.       What Droppz Does. Droppz operates and provides a technology platform with a virtual marketplace and a connection network (“Technology Platform”) to broker the exchange of goods and services among you and other consumers, cannabis retailers and other businesses, and independent third-party contractors who provide delivery and/or other services (“Contractors”); and (b) provide you with access to information on the Services that connects consumers with licensed cannabis retailers, hemp and seed suppliers, accessory vendors, and associated delivery and shipping providers (collectively, “Vendors”). Droppz Technology Platform permits consumers to place orders for cannabis and/or other goods from Vendors, either for shipping, delivery or pickup, and/or request services from Vendors. If a delivery order is made, Droppz uses our Technology Platform to notify Contractors (or, for cannabis delivery orders, Vendor Employees) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, Droppz uses our Technology Platform to communicate with the consumer regarding the availability of the order for pickup. You acknowledge that Droppz does not provide medical advice through its Services, Website, Droppz App, or any other means.

 

B.       Cannabis Retailers and State Law. You may use the Services, Website, and Droppz App only to place orders, make reservations, or request deliveries from participating vendors. All use, including ordering, reserving, requesting delivery, picking up, and paying for products, must comply with the laws and regulations of the state where you access the Services, Website, or Droppz App, as well as all applicable federal laws, including those relating to cannabis (“Applicable Cannabis State Laws”). Depending on your location, payment for goods or services may be made in person at a retailer/dispensary or online for approved delivery addresses by providing a valid government-issued ID, medical marijuana card, doctor’s recommendation, or other documents required by state laws or the cannabis retailer. Please note that some features of the Services, Website, or Droppz App may not be available in all states; for example, product delivery requests may be available in certain states but not others.

 

C.     Non-Cannabis Retailers, Hemp, Other Products and State Law. You may use the Services, Website, and Droppz App only to place orders, make reservations, or request shipping and deliveries from participating merchants. All use, including ordering, reserving, requesting delivery, picking up, and paying for products, must comply with the laws and regulations of the state where you access the Services, Website, or Droppz App, as well as all applicable federal laws, including those relating to Hemp (“Applicable Laws”). Depending on your location, payment for goods or services may be made in person at a retailer or online for approved shipping and delivery addresses by providing a valid government-issued ID, or other documents required by state laws or the vendor. Please note that some features of the Services, Website, or Droppz App may not be available in all states; for example, you may be able to order hemp products in certain states, but not others. For any responsibilities that Droppz fulfills under related State laws, Droppz acts as the agent and contractor of the licensed vendor, as outlined in applicable State laws, with the vendor appointing Droppz to fulfill this role. 

 

D.     Health Information. You expressly acknowledge, agree, and understand that any statements relating to cannabis goods, accessories or any other products available on the Website, Droppz App, or through the Services have not been evaluated by the FDA. Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any regulatory agency. The products available on the Site, App, or through the Services are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for education purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggesting consulting with a physician before using and products offered or purchased through the Website, Droppz App, or Services. 

 

E.     Vendors and Contractors Are Independent.  You understand and agree that Droppz provides the Services to connect you with independent Vendors that provide the products and services offered through the Services, and independent third-party Contractors who provide shipping, delivery, and other services. You acknowledge and agree that Droppz is not a vendor, merchant, cannabis retailer, cannabis dispensary, pharmacy, lab, delivery service, shipping carrier, or food preparation business, and has no responsibility or liability for the acts or omissions of any of our Vendors or any Contractor. Vendors are the retailers of the products or services offered through the Services. Droppz is not in the delivery business, does not provide delivery services, and is not a common carrier. Droppz provides the Services to facilitate the transmission of orders by Users to Vendors, including orders for pickup or delivery by Contractors and/or Vendors. Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by Droppz. Droppz will not assess or guarantee the suitability, legality, or ability of any Contractor or Vendor. You agree that Droppz is not responsible for Vendors preparation or product offerings, or product handling, or the safety of the items or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including cannabinoids, nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Vendors and/or delivered by the Contractor and/or Vendor, and does not verify Vendors' compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or cannabinoids, nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Vendors. Droppz has no responsibility or liability for acts or omissions by any Vendor or Contractor. You agree that the goods that you purchase will be prepared by the Vendor you have selected, that title to the goods passes from the Vendor to you at the Vendor’s location, and that, for delivery orders, the Contractor and/or Vendor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Droppz holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you. 

 

Orders placed through the Services with Vital Droppz, LLC (dba VitalDroppz or other brands), Vital Droppz, LLC is the Vendor and is therefore the retailer of the goods sold. Vital Droppz, LLC is a subsidiary of Pac-Mid Technology Group, Inc. dba Droppz and is a Vendor listed on the Services.

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2.        STARTING YOUR ACCOUNT

 

A.     Creating an Account. To create an account (“Account”) and register as a user of the Services for Droppz App, you must be of legal age for cannabis purchases in your state and provide a valid government-issued ID. Linking a bank account is not required to use certain features of the Droppz App; however, you will need to do so to access additional features, including placing orders, using DropPay, joining the DropPass subscription program, and requesting shipping or delivery of products. To use DropPay or the DropPass subscription program, you must link your bank account with one of our payment processing partners (“Payment Providers”) and agree to their terms of service and privacy policy. You authorize Droppz to share certain personal information with Payment Providers to establish and manage your Account in connection with DropPay ACH or the DropPass program. You are responsible for providing accurate contact information, including your name, email, address, and phone number, and keeping it updated. If you intend to order medicinal marijuana, you must also provide a valid medical marijuana card or doctor’s recommendation. You affirm that all information you provide is accurate and truthful.

 

B.     DropPass Subscription Fee. You agree and acknowledge that in connection with the DropPass rewards program, Droppz may charge a service fee in order to provide you with reward programs in connection with your reservation and/or purchase of certain products from Retailers/Dispensaries participating in the DropPass program. Service fees are added at the time of reservation and/or purchase, and you will have the opportunity to review and accept the total service fee prior to reservation and/or purchase.

 

C.       Geolocation. To comply with state laws governing the medical and/or recreational distribution, possession, and or use of cannabis, Droppz needs to determine your approximate geographic location. If you access the Droppz App on a mobile device and disable location services or choose not to share your location, you will be unable to access certain features of Droppz App, including the ability to place orders, make reservations, or request deliveries. Additionally, certain features of the App may be unavailable depending on your location.

 

D.      Account Activities. You are the only authorized user of your Account and are responsible for keeping your login information accurate and secure. You bear full responsibility for any actions taken through your Account. Droppz does not control the use of your Account or any other user’s Account and disclaims any liability for such use. If you suspect unauthorized access to your Account or any other security breach, stop using the Account and contact us immediately at support@droppzapp.com.

E.        DroppzNotify and Messaging.  By providing your mobile phone number and/or email address through the Services, Website, Droppz App, or directly to a Merchant, you agree to receive informational and transactional notification and messages at the contact information you’ve provided to Droppz and/or the Vendor. Your consent to receive these messages is not required to use the Services, Website, or Droppz App. Standard rates for calls, messages, and data may apply. You may opt out of receiving these messages and notifications at any time.

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3.        OWNERSHIP

 

A.      Ownership. The Services, Website, and Droppz App, along with their content (including text, graphics, images, logos, proprietary information, and other materials), as well as all rights, titles, and interests related to them (such as patents, copyrights, trade secrets, trademarks, know-how, and other intellectual property rights), are owned by Droppz and its licensors, and are protected by intellectual property, copyright, trademark, and other laws. You agree not to engage in any actions that would conflict with these ownership rights.

 

B.       License Grant. Subject to your compliance with these Terms of Service, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Services, the Website, and the Droppz App for your personal use only, and subject to the limitations set forth in these Terms of Service, including those in Section 3(C) below. We reserve any and all rights not expressly granted to you pursuant to these Terms of Service. The limited rights granted to you to access and use the Services, the Website and the Droppz App comprise a limited license and do not constitute the sale of any software program.

 

C.       Use Restrictions.

 I. You agree that:

(i) You will not use the Services, Website, or Droppz App unless you are fully capable and legally authorized to accept these Terms and meet the required legal age.

(ii) You will use the Services, Website, or Droppz App in complete compliance with all Applicable Laws.

(iii) You will not use the Services, Website, or Droppz App to send or store materials prohibited by law, for fraudulent purposes, or to engage in offensive, indecent, or objectionable behavior.

(iv) You will not use the Services, Website, or Droppz App to advertise, solicit, or transmit commercial messages, including “spam.”

(v) You will avoid using the Services, Website, or Droppz App in a way that causes nuisance, annoyance, or inconvenience.

(vi) You will keep your account password and any access credentials we provide secure and confidential.

(vii) You will supply any identity verification or documentation we may reasonably request.

II.    Further, except as specifically permitted herein, you agree that you will not directly or indirectly: 

(i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services, the Website or the Droppz App in any unauthorized manner; 

(ii) use the Services or the Website in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, the Website or the Droppz App, or any part thereof in any form or manner or by any means; 

(iii) harvest or scrape any content or data from the Services, the Website or the Droppz App; 

(iv) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services, the Website or the Droppz App; 

(v) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, the Website or the Droppz App, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); 

(vi) use any means to discover the source code of any portion of the Services, the Website or the Droppz App; 

(vii) otherwise circumvent any functionality that controls access to or otherwise protects the Services, the Website or the Droppz App; or 

(viii) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Droppz and its licensors. If you breach these restrictions, you may be subject to damages.

 

D.      Feedback and Revisions. You do not gain any rights or licenses to Droppz's (or its licensors’) patents, patents applications, copyrights, trade secrets, trademarks, or other intellectual property rights by agreeing to these Terms of Service. Any suggestions, corrections, changes, modifications to the Services, Website, or Droppz App, along with any feedback you provide to Droppz (collectively "Feedback"), and any improvements, updates, modifications, or enhancements related to the Services, Website, or Droppz App (collectively "Revisions"), whether made by Droppz or others, are and will remain the exclusive property of Droppz. You acknowledge and agree that by submitting Feedback or Revisions, you do not acquire any rights, title, or interest in the Services, Website, Droppz, or in any Feedback or Revisions. All Feedback and Revisions automatically become the sole property of Droppz, which may use or disclose them in any way and for any purpose without further notice or compensation. You hereby assign to Droppz all rights, titles, and interests (including any intellectual property rights such as patents, copyrights, trade secrets, trademarks, know-how, and moral rights) in any Feedback or Revisions you provide. Upon Droppz's request, you agree to sign any documents or filings necessary to complete this assignment.

E.        User Content License Grant. The Services, Website, and Droppz App allow you to rate every transaction with a vendor on a five-star review scale. You will also have the option to provide written feedback about the products or services you received. As a condition of using the Services, Website, and Droppz App, you grant Droppz a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify, adapt, and create derivative works from any content you post, upload, submit, or transmit through the Services or Website (“Your Content”). By submitting Your Content through the Services, Website, or Droppz App, you confirm and warrant that: (i) you own or control all rights to Your Content, including any copyrights; (ii) Your Content is accurate; and (iii) the use of Your Content does not violate these Terms of Service or our Privacy Policy, and will not harm any individual or entity. We are not responsible for and assume no liability for any content or materials posted through the Services, including in forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES OR THE APP.

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4.        PAYMENT TERMS

 

A.        Prices and Charges. You understand that: (i) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Vendors for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold and may change at any time without notice; (ii) Droppz has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of Droppz or the Vendor (depending on which party sets the given price). For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, Droppz reserves the right to temporarily authorize or place a hold on your payment method for an amount that may be greater than the amount shown at checkout and to charge your payment method the final price after checkout. You are liable for all transaction taxes (other than taxes based on Droppz income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under this Agreement (which, for the avoidance of doubt, includes any fees Droppz charges for DropPass subscriptions). If transaction taxes, including sales tax, use tax, goods and services tax, and other transaction taxes, are applicable, Droppz reserves the right to charge you additional amounts on account of such taxes. In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, Droppz reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by Droppz and/or its payment processing providers, using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.

 

B.         Refunds.  Charges paid by you for completed and delivered orders, or for orders confirmed by a Vendor, are final and non-refundable. Droppz has no obligation to provide refunds or credits but may grant them gratuitously at Droppz sole discretion in each case. You may be required to provide identification information and/or a signature upon pick up and/or receipt of certain orders, as communicated at the time you place your order; if you fail to provide the required identification information or signature for such an order, you agree and acknowledge that we will not honor any claim that your order was not delivered and you may be subject to a non-refundable Undeliverable Item Fee.

C.        Fees. Droppz may change the fees that we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, Regulatory Response Fees, and Compliance Fees. Droppz may offer different pricing to customers based on a variety of factors, including but not limited to geographic areas or usage. Droppz may also charge you additional fees as required by law. Further, Droppz may charge Vendor fees on orders that you place through the Services, including commissions and other fees, and may change those Vendor fees as we deem necessary or appropriate for our business or to comply with applicable law. Droppz may charge you a Service Fee for the convenience of ordering through the Droppz platform. None of the Service Fee, Delivery Fee, Small Order Fee, Compliance Fee, or any other fee charged to you by Droppz is for any right to access, install, or use any Technology.

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5.        GENERAL PROVISIONS

 

A.       Termination. If you breach any of the terms of these Terms of Service, all licenses granted by us, including permission to use the Services, the Website or the Droppz App, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, the Services, the Website or the Droppz App (or any part of the foregoing) with or without notice, for any or no reason (including, for example, if you fail to honor reservations you make through the Services, the Website or the Droppz App). If we delete your Account for any suspected breach of these Terms of Service by you, you are prohibited from re-registering for the Services, the Website or the Droppz App under a different name. All sections which by their nature should survive the termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Droppz or you. Termination will not limit any of our other rights or remedies at law or in equity. 

 

B.       Injunctive Relief. You agree that a breach of these Terms of Service will cause irreparable injury to Droppz for which monetary damages would not be an adequate remedy and Droppz shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

 

C.       Notices. We may give notice to you by means of a general notice on the Services or the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to info@droppzapp.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

 

D.      Miscellaneous. These Terms of Service constitute the entire agreement of you and Droppz with respect to the subject matter hereof, and all prior or contemporaneous understandings or agreements, whether written or oral, between you and Droppz with respect to such subject matter are hereby superseded in their entirety. These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of Droppz or pursuant to Section 8(E) of these Terms of Service. No other act, document, usage or customer will be deemed to modify or amend these Terms of Service. These Terms of Service will insure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by Droppz but may not be assigned by you without the prior express written consent of Droppz. Any attempt by you to assign these Terms of Service without the written consent of Droppz shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only. If you are using the Services, the Website or the Droppz App from the United States, the laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Services, the Website or the Droppz App. If you are using the Services, the Website or the Droppz App from any other country, the laws of that country shall govern your use of the Services, the Website or the Droppz App. Your use of the Services, the Website or the Droppz App may also be subject to other local, state, provincial, or international laws.

 

E.        Modifications. We may occasionally update these Terms of Service. When we do update these Terms of Service, we will also revise the “Last Updated” date at the top of these Terms of Service. If we make changes to these Terms of Service that, in our discretion, we consider significant, we will post the updated Terms of Service, the Website or the Droppz App and we may also send emails to our users who have created an Account containing a link to the revised Terms of Service. If you continue to use the Service, the Website or the Droppz App after we post an update to these Terms of Service, you indicate your acceptance of the updated Terms of Service.

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6.        WARRANTY DISCLAIMER

 

THE SERVICES, THE WEBSITE AND THE DROPPZ APP ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DROPPZ HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. DROPPZ DOES NOT WARRANT THAT: (I) THE SERVICES, THE WEBSITE OR THE DROPPZ APP WILL MEET YOUR REQUIREMENTS; (II) OPERATION OF THE SERVICES, THE WEBSITE OR THE DROPPZ APP WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (III) THE SERVICES, THE WEBSITE OR THE DROPPZ APP WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (IV) DEFECTS IN THE SERVICES, THE WEBSITE OR THE DROPPZ APP CAN OR WILL BE CORRECTED. FURTHER, DROPPZ DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY PRODUCTS, GOODS OR SERVICES OBTAINED BY YOU FROM MERCHANTS OR OTHER PARTIES THROUGH THE SERVICES, THE WEBSITE OR THE DROPPZ APP. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF PRODUCTS OR GOODS ORDERED VIA THE SERVICES, THE WEBSITE OR THE DROPPZ APP REMAINS SOLELY WITH YOU.

 

A.      Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DROPPZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE SERVICES, THE WEBSITE OR THE DROPPZ APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DROPPZ TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO DROPPZ UNDER THESE TERMS OF SERVICE; OR (II) ONE HUNDRED DOLLARS ($100) UNITED STATES DOLLARS. 

B.       Indemnity. By agreeing to these Terms of Service and using the SERVICES, THE WEBSITE OR THE DROPPZ APP, you agree, TO THE MAXIMUM EXTENT PERMITTED BY LAW, that you shall defend, indemnify and hold Droppz, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation of any Applicable Laws; (ii) your violation of any rights of any third party; or (iii) your negligence or willful misconduct.

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7.        DMCA POLICY

 

A.      Notice of Copyright Infringement. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services, the Website or the Droppz App have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

i.  identification of the copyrighted work that is claimed to be infringed;

ii. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services, the Website or the Droppz App;

iii. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;

iv.  a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; 

v.   a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

vi.  the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

 

Notices of copyright infringement claims should be sent by e-mail to dmca@droppzapp.com, or by mail to: 

Pac-Mid Technology Group, Inc. dba Droppz

Attn:  DMCA Agent 

26828 Maple Valley Hwy, Suite 271

Maple Valley, WA 98038 

 

It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services, the Website or the Droppz App who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA.  When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion.  To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

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8.        ARBITRATION AND CLASS ACTION WAIVER. 

 

A.       Binding Arbitration. Any dispute or claim arising in any way from your use of the Services,  the Website or the Droppz App, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Services, the Website or the Droppz App in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.

 

B.       No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.

 

C.       Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org. 

 

D.      Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: info@droppzapp.com. Droppz will send any notice of dispute to you at the contact information we have for you. 

 

E.       Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions. 

 

F.       Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Droppz will pay all other AAA and arbitrator’s fees and expenses.

 

G.      Individual Basis. To the fullest extent permitted by applicable law, you and Droppz each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Droppz each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

 

H.      Limitation Period. In no event shall any claim, action or proceeding by you or Droppz be instituted more than one (1) year after the cause of action arose. 

 

I.        Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability. 

 

J.       Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Droppz each agree to the exclusive jurisdiction of the Federal and State courts located in the northern district of California, and you and Droppz each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

 

K.       Opting Out. If you do not want to arbitrate disputes with Droppz and you are an individual, you may opt out of this arbitration agreement by sending an email to info@droppzapp.com within thirty (30) days of the first of the date you access or use the Services or the Website

Contact Us. If you have any questions regarding these Terms of Service, the Services, the Website or the Droppz App please contact us at info@droppzapp.com.

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