WELCOME TO BLACK DIAMOND GROCERY DELIVERY, LLC AND THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE, BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY TELEPHONE, EMAIL, FAX, OR THROUGH THIS WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO DELIVER TO YOU.
By placing an order with us by telephone, fax, email, or online, you agree to the terms of this Agreement (the “Agreement”) which shall cover the terms of our deliveries to you and your use of our website. This Agreement is between you and Black Diamond Grocery Delivery, LLC (the “Company” or “Black Diamond Grocery Delivery”) that states the terms and conditions under which you may use the Site and receive deliveries from us. Black Diamond Grocery Delivery is the owner of the following trademarks: Black Diamond Grocery Delivery, www.blackdiamondgrocery.com, and the Black Diamond Grocery Delivery logo. This Agreement is binding on you whether you purchase from us via the telephone, email, fax, or our website.
OUR DELIVERY SERVICE
When you place an order, we use all reasonable efforts to deliver to you at the time of your choosing or by 5:00 pm on the day of your arrival. Once you place your order by telephone, fax, email, or online, we will act as bailee for the ordered products. You can modify an existing order at any time up until the order leaves the store by calling our customer service number at 435-604-5220. Please note that we reserve the right to refuse service to anyone. We reserve the right to change the cost of deliveries and/or our delivery fees at any time.
PRICE AND AVAILABILITY
From time to time, products you order may be unavailable. If we are unable to fulfill your entire order, we will make every reasonable effort to substitute the closest product. We do not set the prices for the items you select on your grocery list. We pay the prices that each individual store has already set.
To receive delivery, you do not need to be present to receive your order from our driver. In the case of bad weather or unforeseen delivery complications, deliveries may be delayed. We will make every effort to get your groceries to you by 5:00 pm on the date of your arrival.
Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call us so that we can do everything reasonable in our power to ensure your satisfaction.
In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title, or interest you may have in the products.
Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed as accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. The Company assumes no responsibility for such information.
Our drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so at their discretion.
We accept only credit/debit cards. In the event your card is declined, we reserve the right to collect funds for any uncollected transactions owed us should a payment made via credit card be declined. If you fail to pay any fees or charges when due, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including but not limited to attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
From time to time, we may permit you to order and receive products from businesses that we don’t use on a regular basis. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no representations or warranties of any kind, express or implied, regarding the merchandise received from these businesses and the fact that we make such products available should not be construed as an endorsement of these businesses or the products they provide.
COPYRIGHT AND OWNERSHIP
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Black Diamond Grocery Delivery, LLC. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that Black Diamond Grocery Delivery and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Black Diamond Grocery Delivery reserves the right to revoke your use of the Site.
Black Diamond Grocery Delivery, Black Diamond Grocery Delivery, LLC, www.blackdiamondgrocery.com, the Black Diamond Grocery Delivery logo, graphics, trademarks, and/or trade dress of Black Diamond Grocery Delivery are proprietary to Black Diamond Grocery Delivery and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or our service.
You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You will be responsible for providing proper identification for the delivery of all tobacco and alcohol orders.
YOUR PERSONAL INFORMATION
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your credit card. You agree and accept responsibility for keeping all your account information current, including name, credit card information, telephone number, and e-mail address. You can update your information anytime that you place an order. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us. You will comply with all laws applicable to your activities on the Site and with this Agreement. Our secure server encrypts your credit card information, among other things so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Black Diamond Grocery Delivery will exercise commercially reasonable efforts to ensure that your credit card information remains confidential at all times. When our order form asks users to enter sensitive information, such as a credit card number, that information is encrypted and is protected with encryption software.
PURCHASE OF ALCOHOLIC BEVERAGES
By Utah State Law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). You must present identification and proof of age to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion. Once you check out, you have affirmatively stated and certified that you are old enough to legally purchase alcohol and/or tobacco products and that you are purchasing such products for your own consumption and no other purpose. In the case of alcohol, you state and certify that you are 21 years of age or older. In the case of tobacco products, you state and certify that you are 18 years of age or older. You further certify that you will personally receive the alcoholic beverages and/or tobacco products and that you will have your identification available for inspection or you will fax your identification ahead of time where it will be kept on file for future orders.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT, OR NOT ACTUALLY HIS/HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.
ACCEPTABLE USE POLICY
You agree not to engage in unacceptable use of our service, site, or systems. Among other things, you agree not to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
You expressly agree that use of our service, the site, and the internet is entirely at your own risk. Our service, the site, and its contents are provided on an “as is”, “as available” basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to our service, the site, or its contents or with respect to any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service. We do not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.
Neither the company nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the site, the resort delivery service, or the internet. The Company’s delivery liability shall be limited to providing you with a refund for any product that is returned. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of our service and to terminate this agreement. We reserve the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.
The material in the Site is provided for lawful purposes only.
You agree to defend, indemnify, and hold Black Diamond Grocery Delivery harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Black Diamond Grocery Delivery may suspend or terminate this Agreement or the Black Diamond Grocery Delivery or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this Agreement, you may terminate your acceptance by emailing us at firstname.lastname@example.org and by no longer accessing our website. Black Diamond Grocery Delivery reserves the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
We may give notice to you of a change in this Agreement and any other matter through a general posting on the Black Diamond Grocery Delivery Site, or other means determined by the Company.
Black Diamond Grocery Delivery may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective at the time they are initially posted on our Site. By accessing this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. Customers who prefer to place order by telephone agree to be bound by the terms of this Agreement, as amended from time to time. In all cases, as a condition of making deliveries to you, you agree to review this Agreement from time to time.