UPDATED AND EFFECTIVE
OCTOBER 1, 2016
Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this App, you agree to such terms and conditions.
Assistance. If you have any questions or comments, we invite you to contact us by email at email@example.com.
Order Eligibility. You may only purchase products and services that are delivered to or performed at an address located in the United States. You may only purchase products and services for personal, non-commercial use. Good Uncle may refuse any order that it has cause to believe is for onward sale other than through distribution channels approved by Good Uncle. Good Uncle makes no representation or guarantees that products or services available on the App are appropriate or available for use in locations outside the United States, and accessing the App from territories where its contents are illegal or unlawful is prohibited. If you choose to access this App from locations outside of the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this App.
Products and Specifications. Details of the products and services available for purchase are set out on the App. All prices are displayed and charged in US dollars. The price associated with items for sale through the App includes delivery fees and all applicable sales and other taxes. Your order receipt will provide the details of all applicable fees and taxes for your order. All applicable sales and other taxes are in addition to the sale price. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of products and services described or depicted on this App are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the realistic appearance and presentation; however, the actual appearance and presentation you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such appearance and presentation. The inclusion of any products or services on this App at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the preparation or distribution of a certain product may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Delivery. The order will be delivered to a “drop point” at a “drop time” made available by Good Uncle and chosen by the purchaser during the check-out process. Signature may be required for deliveries. While Good Uncle will make all reasonable efforts to deliver the order at the designated drop time, unforeseen circumstances such as traffic may cause delays.
When you place an order, you will receive message alerts either via push notifications or text messages about the order you have placed, including delivery details. You may turn off push notifications through your device’s settings or unsubscribe from the text messaging service by texting “STOP” to (315) 333-7100 at any time. To resubscribe to text messages, text “START” to (315) 333-7100, and to resubscribe to push notifications from Good Uncle, update your device’s settings. Please note that even if you unsubscribe to receiving both push notifications and text messages, you may receive individual texts from your delivery driver in order to successfully deliver the order. Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details.
Return and Exchange Policy. If you have received delivery and there appears to be something wrong with your order, please contact us at firstname.lastname@example.org or through the Help page in the App to resolve the issue.
Charges. Payment for all Good Uncle products and services is due in advance of delivery and at the time of placing the order. For all charges for any products or services sold on the App, Good Uncle will bill your credit card or alternative payment method offered by Good Uncle. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Good Uncle for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this App and any and all fees charged to you by your financial institution related to the charges. Good Uncle may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You shall provide Good Uncle with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
Promotional Codes. On occasion Good Uncle may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes may not be combined. When a promotion or promotional code has been communicated to a particular individual, the promotional code is non-transferable and the email address provided during the checkout must be the same. We are not responsible for any financial loss arising out of our refusal, cancelation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Copyright, Trademark and Ownership. All of the content displayed on the App, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Good Uncle, its licensors, agents or its Content providers. All elements of the App, including, without limitation, the App’s general design, the App’s front-end source code, Good Uncle’s trademarks, service marks, trade names (including the Good Uncle’s name, logos, the App name, and the App design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The App may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the App, you are authorized to view, play, print and download documents, audio and video found on our App for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the Good Uncle’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the App, without Good Uncle's prior written consent. The use of Good Uncle trademarks on any other application or website is not allowed. Good Uncle prohibits the use of Good Uncle trademarks as a "hot" link on or to any other application or website unless Good Uncle approves the establishment of such a link in writing in advance. The App, its Content and all related rights shall remain the exclusive property of Good Uncle or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the App.
Unsolicited Submissions Policy. Good Uncle is pleased to hear from its loyal users and welcomes your comments regarding Good Uncle. Except where Good Uncle specifically requests comments or submissions, Good Uncle does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Good Uncle's professional staff seem to others to be similar to their own creative work. Accordingly, Good Uncle requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against Good Uncle (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Good Uncle a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Good Uncle (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
User Content. Good Uncle encourages members of the public to submit user published content or user content (e.g., posting reviews on the App) to Good Uncle for consideration in connection with the App (“User Content”). User Content remains the intellectual property of the individual user. By posting content on our App, you expressly grant Good Uncle a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. All User Content is deemed non-confidential and Good Uncle shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content. To submit a request to have content that you have posted removed, submit a request to email@example.com.
User Content does not represent the views of Good Uncle or any individual associated with Good Uncle, and we do not control the User Content. In no event shall you represent or suggest, directly or indirectly, Good Uncle’s endorsement of User Content. Good Uncle does not vouch for the accuracy or credibility of any User Content on our App, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our App. Through your use of the App, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons or people acting under false pretense. By using our App, you assume all associated risks.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the App. Good Uncle has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the App infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Your infringement notice should be sent to firstname.lastname@example.org. Please make you sure that you specifically identify the copyrighted work that you claim has been infringed by providing specific URL(s) and a precise description of where the copyrighted material is located on the page(s).
We may give notice to our users of any infringement notice by means of a general notice on any of our applications or websites, electronic mail to a user's e-mail address in our records, or by written communication sent to a user's last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your identifying information included in the notice will be provided to the party that submitted the original claim of infringement.
Advertising Rights. Good Uncle reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and Good Uncle and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Good Uncle to sell or offer to sell any advertising, promotion or distribution rights.
Accuracy of Information. We attempt to ensure that information on this App is complete, accurate and current. Despite our efforts, the information on this App may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this App. For example, products included on this App may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this App. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
Links. Running or displaying this App or any information or material displayed on this App in frames or through similar means on another application or website without our prior written permission is prohibited. From time to time, this App may contain links to third-party applications or websites that are not owned, operated or controlled by Good Uncle or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this App. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other applications or websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other applications or websites, or any content, materials or other information located or accessible from any other applications or websites, or the results that you may obtain from using any other applications or websites. If you decide to access any other applications or websites linked to or from this App, you do so entirely at your own risk.
Account Registration and Security. You understand that you may need to create an account to have access to parts of the App. In consideration of your use of the App, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the App's registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Good Uncle suspects that such information is untrue, inaccurate, not current or incomplete, Good Uncle has the right to suspend or terminate your account and refuse any and all use of the App. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the App. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the App for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the App; or (iii) bypass any measures we may use to prevent or restrict access to the App.
Force Majeure. Good Uncle is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with Good Uncle and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the App; (iii) if necessary you have the written consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the App and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) you are not, and have not been an agent of Good Uncle and were not and are not acting on behalf of, or as a representative of, Good Uncle or any other party; and (vi) Good Uncle use of any information you have submitted as contemplated by the Terms and the App will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity (vii) you have not and will not engage in any of the activities or behaviors listed in the Inappropriate User Submissions section in the production of, your appearance in, or contribution(s) to your User Content; (viii) the User Content does not contain: (a) material falsehoods or misrepresentations that could harm Good Uncle or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
DISCLAIMERS. YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE APP OR OTHERWISE PROVIDED BY US OR SOLD TO YOU BY US ARE PROVIDED "AS IS" WITHOUT, AND WE SPECIFICALLY DISCLAIM, ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE APP OR ANY INFORMATION, PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE APP OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE APP MAY BE OUT OF DATE, AND NEITHER GOOD UNCLE NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOOD UNCLE OR THROUGH GOOD UNCLE’S APP, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. GOOD UNCLE DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR DEVICE, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS APP, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE APP. IN NO EVENT WILL GOOD UNCLE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS APP, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS APP, ANY APPLICATIONS OR WEBSITES LINKED TO THIS APP, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT GOOD UNCLE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE APP OR ANY CONTENT, PRODUCTS, OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP OR THE CONTENT, PRODUCTS, OR SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS APP, YOU AGREE THAT YOUR SOLE REMEDY IS TO SEEK AN EXCHANGE OR RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURN AND EXCHANGE POLICY POSTED ON THIS APP. IN NO EVENT SHALL GOOD UNCLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE APP.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to defend, indemnify and hold Good Uncle, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the App or your placement or transmission of any message or information on this App by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Good Uncle; or (vi) any other party’s access and use of the App with your unique username, password or other appropriate security code.
Release. In the event that you have a dispute with another user or other party related to the App, you release Good Uncle (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination. You or we may suspend or terminate your account or your use of this App at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our App in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. Good Uncle will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
General. Any claim arising out of or relating to the use of, this App and the materials contained herein is governed by the laws of the State of New York, without regard to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts of New York over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms or the App will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the App must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App.
We do not guarantee continuous, uninterrupted or secure access to our App, and operation of the App may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Good Uncle in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and Good Uncle with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to Rosco & Benedetto Co.