Terms & Conditions
Please read the following terms of use carefully (collectively, the “Terms”). Your access or use of the Blue Fetch App (the “App”), or any of the services (the “Services”) provided by The Fetch App, LLC (“Fetch”), indicates that you have read and agree to the Terms. If you do not agree to these Terms, you may not access or use the App. The only parties to the Terms are Fetch and You. There are no other parties to the Terms and Fetch is the only party responsible for the App and its contents. We may update the Terms in the future, without notice to you. By using the App following any amendments to the Terms, you agree to be bound by such amendments. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
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THE SERVICES
The Services comprise mobile applications and related services which enable users to arrange and schedule transportation, logistics and/or delivery services to purchase certain goods, including with third party providers of such services and goods under agreement with Fetch or certain of Fetch’s affiliates. Unless otherwise agreed by Fetch in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
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USE OF SERVICES
Fetch offers the Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. By purchasing the App, you are granted a non-transferable license to use the App on any Apple, Inc. branded products that are owned or controlled by you. In order to access certain Services, you will be required to provide current, accurate identification, contact, and other information as part of the registration process and/or to purchase the Services. You are responsible for maintaining the confidentiality of your account password(s) and are responsible for all activities that occur under your account. You agree to immediately notify Fetch of any unauthorized use of your password or account or any other breach of security. Fetch cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive Services unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification
Fetch reserves the right to withdraw or amend the App, and any service or material provided on the App, in its sole discretion without notice. Fetch will not be liable for any reason all or any part of the App is unavailable at any time or for any period. From time to time, Fetch may restrict access to some parts of the App, or the entire App, to users. Fetch reserves the right to disable the username, password, or other identifier, whether chosen by you or provided by Fetch, and to terminate Services at any time if you have violated the Terms. -
PURCHASES OF SERVICES
The App displays products that are available for purchase via the Services. However, actual purchases are made via a third-party site (Intuit Quickbooks®). Please refer to Intuit Quickbooks’ terms and conditions for information regarding its services.
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PROHIBITED USE
You may use the App only for lawful purposes and in accordance with the Terms. You agree not to use the App in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to attempt to interfere with the proper working of the App.
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TEXT MESSAGES AND TELEPHONE CALLS
You agree that Fetch may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Fetch account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Fetch at any time, emailing he phone number of the mobile devise to which you are opting out and word “STOP” to staff@fetch.blue. If you do not choose to opt out, Fetch may contact you as outlined in its Privacy Policy.
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INTELLECTUAL PROPERTY RIGHTS
The App and its entire contents, features, and functionality are owned by Fetch, its licensors, or other providers of such material and are protected by United States and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the App without the written consent of Fetch. No right, title, or interest in or to the App or any content on the App is transferred to you, all rights not expressly granted are reserved to Fetch.
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TRADEMARKS
The Blue Fetch name, Fetch trademarks, the Fetch logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fetch. You must not use such marks without the prior written permission of Fetch. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
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PRIVACY POLICY
For information about our data protection practices, please see our Privacy Policy By using the App or purchasing or using the Services, you acknowledge and agree to the terms in the Privacy Policy.
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LINKS FROM THE APP
Any links on the App to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. Fetch has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Nor does Fetch necessarily endorse any statements and/or opinions expressed in these materials. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. If you decide to access any of the third-party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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INDEMNITY
You agree to hold harmless and indemnify Fetch, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners and Apple, (collectively the “Released Parties”) from and against any third party claim arising from or in any way related to your use of the Services, violation of the Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Fetch will provide you with written notice of such claim, suit or action.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RELEASED PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FETCH OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. -
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FETCH OR RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES.
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EXCLUSIONS AND LIMITATIONS
NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND FETCH’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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THIRD PARTY SERVICES
The Services may be made available or accessed in connection with third party services and content (including advertising) that Fetch does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Fetch does not endorse such third-party services and content and in no event shall Fetch be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, or Microsoft Windows, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
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NOTICE
You agree that Fetch may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the App.
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REPRESENTATIONS AND WARRANTIES
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations. You further represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
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GENERAL INFORMATION
Contact Information. Except as specifically stated in the Terms, Fetch is the only party responsible for responding to your questions or claims regarding the Terms. All communication to Fetch should be sent to:
1201 Hamlet Ave.
Clearwater, FL 33756
USA
You may contact Fetch by email at staff@fetch.blue
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Fetch with respect to the Services and govern your use of the App and Services, superseding any prior agreements between you and Fetch for the use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services provided by Fetch, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Fetch shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.
Waiver and Severability of Terms .The failure of Fetch to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Section Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect.
