Terms of Service
DELIVERY SERVICE CONTRACT TERMS AND CONDITIONS
Agreement to Terms:
By giving us your package to deliver, you agree to the following terms:
WE DO NOT PROVIDE DISASSEMBLY NOR ASSEMBLY OF ANY KIND.
WE DO NOT PROVIDE MOVING SERVICE NOR PACKAGING , BUT WE CAN ASSIST IF REQUESTED IN ADVANCE.
ITEMS SHOULD BE PACKAGED PROPERLY PRIOR TO THE PICKUP TIME.
Limited Liability: DELRUSH.COM Service’s liability for loss or damage, regardless of cause and including negligence, is limited to the lesser of $50.00, unless you declare a higher value, pay an additional charge, and document your actual loss in a timely manner. You may pay an additional charge of $35 for each additional $100 of declared value or fraction thereof. The declared value does not constitute, nor do we provide cargo liability insurance. In any event, we will not be liable for any damage in excess of the declared value of shipment.
To give us opportunity to adequately protect shipments of high value of fragile items such as glass, electronic or medical equipment, computers, furs, art, jewelry, etc… it is agreed that no such shipment will be requested unless the nature and value of items to be shipped are declared at the time the call for service or online booking is made and PROPER PACKAGE should be provided also secure by costumer at the point if pickup. In no event shall DELRUSH.COM Service be liable for more than $50.00 unless agreed to specifically by management or specially authorized corporate personnel.
Shipper’s failure to declare such high value of fragile items shall relieve US from all liability for loss or damage of such high value items, including negligence. If, after due notice, such items are accepted for delivery, all other conditions stated herein shall apply.
Filing a claim: Claims not made in writing within 24 hours of scheduled delivery shall be deemed waived by the Shipper. Within 30 days after you notify us of your claim, you must send us all the information you have about it. You are responsible for proving the actual loss or damage. We are not obligated to act on any claim until you have paid all transportation charges, and you may not deduct the amount of your claim from those charges. If the recipient accepts your package without noting any damage on the delivery manifest, we will assume the package was delivered in good condition. For us to process your claim, you must make the original shipping carton and packing available for inspection.
Should any claim be asserted against us by a third party for shipments handled by us, the Shipper agrees to hold us harmless against any such claims, irrespective of the cause of loss or damage.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE SERVICES, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH THIRD PARTY PLATFORMS, (c) CREATE AN ACCOUNT, OR (d) TRANSMIT/SUBMIT/POST ANY SUBMISSION (as defined below), ANY PERSONAL INFORMATION OR ANYTHING TO ANY FORUM OR ANYWHERE ELSE ON THE SERVICES. By accessing, using and/or submitting information to or through any of the Services, including Services available on or through Third Party Platforms, you represent that you are at least 18 years of age or older and otherwise have the legal capacity to enter into these Terms.
The information and materials provided on or through the Services, including without limitation, any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use on or through the Services, links, and other content, features and services available on or through the Services (collectively, the "Content"), excluding Submissions (defined below), are intended for use with the Services. THE CONTENT ARE PROVIDED "AS IS" AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.
The Services are provided for your personal use, unless otherwise specified on or in the Services. DELRUSH.COM hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your own non-commercial personal use, subject to your compliance with the Terms and any and all other terms and policies set forth on or in the Services. DELRUSH.COM reserves the right to revoke your right to use the Services at any time as further set forth in Section 13 herein.
Except as expressly provided in the Terms, DELRUSH.COM does not grant you any other express or implied rights or license in or to the Content or Services, and all right, title and interest that DELRUSH.COM has in the Content and Services rights not explicitly granted to you by DELRUSH.COM or its licensors are retained by DELRUSH.COM or its licensors, respectively.
You acknowledge that the Content and Services are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights ("Intellectual Property") owned byDELRUSH.COM, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Services and Content (and any Intellectual Property and other rights relating thereto) are and will remain the property ofDELRUSH.COM. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services or any Third Party Platform, including the DELRUSH.COM marks, logos and trade dress are the registered and/or unregistered trademarks of DELRUSH.COM, DELRUSH.COM licensors and vendors and/or other third parties. The Intellectually Property may not be used by you for any purpose without DELRUSH.COM prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not DELRUSH.COM, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages DELRUSH.COM. Nothing contained on the Services or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property.
In order to access certain areas of or participate in certain activities contained on the Services, we may require you to create an account ("Account"). To create an Account, we may ask or require you to provide us with certain personal information (for example, your name and e-mail address), or by providing your credentials through a Third Party Platform and their associated API. YOU AGREE THAT:
YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT INCLUDING CREDENTIALS PROVIDED BY YOU THROUGH THIRD PARTY PLATFORMS, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES ON OR AVAILABLE THROUGH THE SERVICES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD, AUTHORIZED BY YOU.
Payments: Any and all payments made to DELRUSH.COM for use and access to any Services are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account, set up for reoccurring billing, you may cancel your Account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the Services violates our Terms of Service, your access and Account may be immediately terminated and all payments forfeited.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, DELRUSH.COM will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined byDELRUSH.COM.
As between you and DELRUSH.COM, DELRUSH.COM reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DELRUSH.COM sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. DELRUSH.COM will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DELRUSH.COM may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.
While using any of the Services, including on or in any “Submissions” (as defined below), postings or ratings, you agree to use commercially reasonable efforts (the "Standards"), and you agree to not:
If you are using the Services through an account access purchased by an organization through a Corporate Plan are governed by these terms.
The Services may include links to other websites or services (including advertisements and payment providers), including Third Party Platforms that you have authorized and associated with your Account ("Linked Content"). The inclusion of any Linked Content does not imply endorsement by DELRUSH.COM or any customer of DELRUSH.COM of any third party, third party websites or any association with the operators of such Linked Content. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Content. The information, products, materials and services on Linked Content is not under the control of DELRUSH.COM and DELRUSH.COM does not provide or endorse any such Linked Content or the information, products, materials or services contained on or available or accessible on or through any Linked Content. DELRUSH.COM responsible if any Linked Site is not functioning properly. DELRUSH.COM makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Content. Access and use of any Linked Content, including the information, products, materials and services on any Linked Content or available through any Linked Content, is solely at your own risk, and you acknowledge and agree that DELRUSH.COM is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Services or available through any Third Party Platforms.
The Services may include features such as ratings, message boards, social media posts through Third Party Platforms and/or other forums or areas where you and others can post or transmit information onto or through the Services, including through Third Party Platforms (collectively, the "Forums"), and DELRUSH.COM may redistribute content you send/upload/post to the Services or through Third Party Platforms. By sending, posting or transmitting to DELRUSH.COM, including photos, graphics, concepts, information, ratings or other materials (collectively, "Submissions") or by posting such Submissions to any area of the Services (including without limitation, the Forums) or on Third Party Platforms, you grant DELRUSH.COM and our designees and users a worldwide, non- exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. DELRUSH.COM may use any Submission in the promotion of the DELRUSH.COM Services including the reproduction of Submissions on other websites, marketing materials, or other distribution channels as determined by DELRUSH.COM . None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with us. You agree not to transmit any Submission to or through the Services or Third Party Platforms, or to DELRUSH.COM that you consider to be confidential or proprietary, and any and all Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums.
We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Services, through Third Party Platforms, or in any Forums by third persons. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of DELRUSH.COM. DELRUSH.COM is not responsible for any errors or omissions in any material or postings, for hyperlinks embedded in any Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will DELRUSH.COM or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Services or any Third Party Platform. DELRUSH.COM has no obligation to monitor the Services, any Third Party Platform, or the Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Services, on any Third Party Platform, or in the Forums. You acknowledge and agree that DELRUSH.COM has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Services available thereon or through any Third Party Platform to comply with legal obligations or governmental requests; and to enforce these Terms.
Notwithstanding anything contrary stated in these Terms, by posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the submission; (b) the content is accurate; (b) use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and (d) you will indemnify DELRUSH.COM and/or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to DELRUSH.COM or the Services or any Third Party Platform. DELRUSH.COM has the right, but not the obligation, to monitor and edit or remove any activity or content. DELRUSH.COM takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. DELRUSH.COM RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES, OR ON OR THROUGH ANY THIRD PARTY PLATFORM.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by DELRUSH.COM infringe your copyright (for example, materials posted by a user on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the requirements and specific instructions for submitting a notice to DELRUSH.COM.
Your right to access and use the Services, will remain effective until terminated in accordance with the Terms. DELRUSH.COM reserves the right to revoke the limited license granted to you herein for any reason or no reason, and, if we do, DELRUSH.COM may terminate your access to and use of the Services, and may, in its sole discretion maintain or delete your Account.
The provisions of Sections 3, 4 through 7, 9, 12 through 19 will survive any termination of the Terms.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DELRUSH.COM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DELRUSH.COM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY PRODUCTS AVAILABLE ON THE SERVICES OR THROUGH ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF DELRUSH.COM OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SERVICES, IN THE CONTENT, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SERVICES AND CONTENT ARE ENTIRELY AT YOUR OWN RISK.
You agree to indemnify, defend and hold harmless DELRUSH.COM , our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any Submission or other information you post, submit to us or transmit to the Services or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username, topic name, or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Content or Services, and including any Services available on or through any Third Party Platform, or Submissions; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you on the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
The Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and DELRUSH.COM , except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and DELRUSH.COM are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and DELRUSH.COM otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Any disputes between you and DELRUSH.COM relating to the Services or the Content, and including the Services available on or through any Third Party Platform, that involve a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and DELRUSH.COM agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and DELRUSH.COM that involve a claim of more than $5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in Los Angeles, California.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. DELRUSH.COM will not seek, and hereby waives all rights DELRUSH.COM may have under applicable law to recover, attorneys' fees and expenses if DELRUSH.COM prevail in arbitration.
All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to DELRUSH.COM to its Registered Agent with the State of CALIFORNIA and if to you, to the e-mail and/or postal address associates with your Account. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to DELRUSH.COM via e-mail.
ILLICT & PROHIBIT ITEMS BY LAW:
If it is illegal by LAW & extremely PROHIBIT to use our services, we cannot provide and will not provide any type of service. Suspicious packages and items prohibit by Law are subject to a search, maybe sized by a local Law Enforcement agent at any time for any reason. In case your package is subject to a search and or inspection of any kind by a local Law Enforcemnt agent, our contractors and staff will have the power to fully disclose any information. An immediately cancelation of you booking with NO INSURANCE will be done and your package surrendered to the local Law Enforcement agency.
FIREARM & AMMUNITION
It is extremely PROHIBIT using our services to transport firearms and ammunition of any type or kind at any time. An immediately cancelation of you booking with NO refund will be done and your package surrendered to a local Law Enforcement.
It is required by the Law to have at least 21 years old with a valid CALIFORNIA ID/DL in HANDS by the time of delivery for the purpose of identification and verification.It is the Law, WE all must obey respectfully. In case there is no CALIFORNIA ID/DL your package will be returned to the senders and an extra 50% will be ADD to its final service price.
CANNABIS AND DERIVATIVES
We do not provide delivery service for the CANNABIS industry due to its license and permits required by State of California and Local City angencies.
Use our services at your onw risk.
LATEST UPDATE MADE ON 01/16/2020.