Terms

[bt_bb_section layout=”boxed_1200″ lazy_load=”yes” top_spacing=”medium” bottom_spacing=”medium” full_screen=”” vertical_align=”top” color_scheme=”dark-skin” background_color=”#092928″ background_image=”” background_overlay=”” parallax=”.05″ parallax_offset=”” background_video_yt=”” yt_video_settings=”” background_video_mp4=”” background_video_ogg=”” background_video_webm=”” responsive=”” publish_datetime=”” expiry_datetime=”” el_id=”” el_class=”” el_style=””][bt_bb_row column_gap=”normal” responsive=”” publish_datetime=”” expiry_datetime=”” el_id=”” el_class=”” el_style=””][bt_bb_column lazy_load=”yes” width=”3/4″][bt_bb_separator top_spacing=”medium” bottom_spacing=”” border_style=”none” border_width=”” el_id=”” el_class=”” el_style=””][/bt_bb_separator][bt_bb_headline font_subset=”latin,latin-ext” superheadline=”” headline=”Terms of Service” subheadline=”Last Updated: May 20, 2019″ html_tag=”h2″ size=”medium” align=”inherit” dash=”none” color_scheme=”” color=”” font=”inherit” font_size=”” font_weight=”bolder” url=”” target=”_self” el_id=”” el_class=”” el_style=”” supertitle_position=”” responsive=”” publish_datetime=”” expiry_datetime=””][/bt_bb_headline][bt_bb_separator top_spacing=”” bottom_spacing=”normal” border_style=”none” border_width=”” el_id=”” el_class=”” el_style=””][/bt_bb_separator][/bt_bb_column][bt_bb_column width=”1/4″][/bt_bb_column][/bt_bb_row][/bt_bb_section][bt_bb_section layout=”boxed_900″ lazy_load=”yes” top_spacing=”normal” bottom_spacing=”normal” full_screen=”” vertical_align=”top” color_scheme=”light-skin” background_color=”” background_image=”” background_overlay=”” parallax=”” parallax_offset=”” background_video_yt=”” yt_video_settings=”” background_video_mp4=”” background_video_ogg=”” background_video_webm=”” responsive=”” publish_datetime=”” expiry_datetime=”” el_id=”” el_class=”” el_style=””][bt_bb_row column_gap=”normal” responsive=”” publish_datetime=”” expiry_datetime=”” el_id=”” el_class=”” el_style=””][bt_bb_column lazy_load=”yes” width=”1/1″ align=”left” vertical_align=”top” animation=”no_animation” padding=”double” background_image=”” inner_background_image=”” background_color=”” inner_background_color=”” opacity=”” responsive=”” publish_datetime=”” expiry_datetime=”” el_id=”” el_class=”” el_style=””][bt_bb_separator top_spacing=”medium” bottom_spacing=”” border_style=”none” border_width=”” el_id=”” el_class=”” el_style=””][/bt_bb_separator][bt_bb_text]

Fetch is a local delivery service – people near you post their requests and other people fulfill those requests.  We, Fetch, are the bulletin board where people post their requests and other people see them, freely choosing which requests to fulfill; Fetch also facilitates the communication between the parties posting and fulfilling requests.  We hope you find Fetch useful. By accessing our application, servers, websites, or content therefrom (together, “Fetch”), you agree to our Policies (“Policies”) and our Terms of Use (“TOU”), last updated July 13, 2017.

Fetch is about people helping other people in positive, life-affirming ways.  With this vision, all those accessing Fetch agree to comply with our Policies:

• Only requests for legal acts and products may be posted on Fetch.  We absolutely prohibit the use of Fetch for any illegal purposes. We rely on the community of users to adhere to this policy and to report any violations.
  • Think before you accept a request! Is it legal?  Is it dangerous? While this list is not exhaustive, prohibited requests include purchase and / or delivery of:
    • alcohol or cigarettes to minors or illegal drugs of any kind to people of any age
    • alcohol in states where alcohol delivery is illegal
    • weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
    • ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
    • prescription drugs, medical devices; controlled substances and related items
    • child pornography; bestiality; offers or solicitation of illegal prostitution
    • pets, animal parts, stud service
    • endangered, imperiled and/or protected species and any parts thereof, e.g. ivory
    • anyone’s personal, identifying, confidential or proprietary information
    • food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
    • stolen property, property with serial number removed/altered, burglary tools, etc
    • ID cards, licenses, police insignia, government documents, birth certificates, etc
    • US military items not demilitarized in accord with Defense Department policy
    • counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
    • lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
  • Fetch also prohibits any postings that are:
    • false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
    • offensive, obscene, defamatory, threatening, or malicious postings or email
    • spam; miscategorized, overposted, cross-posted, or nonlocal content
    • postings or email the primary purpose of which is to drive traffic to a website
    • postings or email offering, promoting, or linking to unsolicited products or services
    • affiliate marketing; network, or multi-level marketing; pyramid schemes
    • any good, service, or content that violates the law or legal rights of others

Please don’t use Fetch for these purposes, and flag anyone else you see doing so.

Thanks for helping keep Fetch safe and useful for everyone.

• Report violations and keep Fetch safe and useful for everyone. We rely on the community of users to adhere to this policy and to report any violations.  Fetch is not responsible for monitoring the content of posts. But Fetch will remove posts that have been reported as violations. Users who post a request in violation of our Policies or our TOU may be banned from Fetch at our discretion.
  • To report a violation of this policy,
• Practice common sense and stay safe.
  • Be aware of your personal safety at all times.
    • When meeting someone for the first time, please remember to:
      • Insist on a public meeting place like a cafe, bank, or shopping center.
      • Do not meet in a secluded place, or invite strangers into your home.
      • Be especially careful buying/selling high value items.
      • Tell a friend or family member where you’re going.
      • Take your cell phone along if you have one.
      • Consider having a friend accompany you.
      • Trust your instincts.
    • Taking these simple precautions helps make Fetch safer for everyone. For more information about personal safety online, check out these resources:
      • http://www.staysafeonline.org/
      • http://www.onguardonline.gov/
      • http://getsafeonline.org
      • http://wiredsafety.org
    • Report violations of the Policies.
      • If you feel personally endangered, please call your local law enforcement agency.
• Practice common sense and be aware of phishing, fraud and scams.
  • Phishing is stealing accounts, passwords, or financial information by masquerading as a trusted party. Phishers may email you an official looking email with a link to a real looking (but fake) Fetch site. If you type your login and password into the fake Fetch site, the phisher can then use your account to post scam ads on Fetch.
    • How phishing works:
      • You receive a supposedly official email from Fetch, asking you to confirm your password, username, phone number, or credit card information.
      • This email may threaten you with the removal of your posts or the closure of your account if you do not comply immediately.
      • If the sender is using email spoofing, the message may appear to come directly from Fetch.
      • You click the link in the email and are taken to a fraudulent third-party site that may resemble a legitimate Fetch page.
      • You may be asked to download an attachment, install specific software, or receive a message to your phone.
      • You enter your login information on the fraudulent page, inadvertently providing it to a third party.
      • The third party scammer can then use the information you provided to gain access to your actual Fetch account.
  • How to avoid phishing attempts and protect your account information
    • Never click on email links that ask you for any personal or account information.
    • Make sure to login to your account only by navigating manually to fetchlocaldelivery.com.
    • If you are unsure about the status of your account or your posts, the safest way to check is to go directly to fetchlocaldelivery.com and login.
    • If you do not see any problems within your account, you can safely ignore any messages to the contrary.
    • Never provide a phone authentication code to anyone else.
    • Fetch will only ask for you to enter it on our site as part of the posting process.
    • Use common sense. If an email seems suspicious, fishy, or too good to be true. . . it probably is!
  • Think you’ve been phished?
    • If you see strange activity or unfamiliar posts on your account page, please change your password immediately and manually delete the posts in question.
    • If you use the same password for your email account (or any other services), you may want to change those passwords as well.
  • Be aware of fraud and scams.
    • Use your common sense and
      • Do not extend payment to anyone you have not met in person.
      • Beware offers involving shipping – deal with locals you can meet in person.
      • Never wire funds (e.g. Western Union) – anyone who asks you to is a scammer.
      • Don’t accept cashier/certified checks or money orders – banks cash fakes, then hold you responsible.
      • Transactions are between users only, no third party provides a “guarantee”.
      • Never give out financial info (bank account, social security, paypal account, etc).
    • Notify the authorities regarding fraud and scams.
      • United States
        • Internet Fraud Complaint Center
        • FTC Video: How to report scams to the FTC
        • FTC complaint form and hotline: 877-FTC-HELP (877-382-4357)
        • Consumer Sentinel/Military (for armed service members and families)
        • SIIA Software and Content Piracy reporting
        • Ohio Attorney General Consumer Complaints
        • New York Attorney General, Avoid Online Investment Fraud
      • Canada
        • Canadian Anti-Fraud Centre or 888-495-8501 (toll-free)
        • Royal Canadian Mounted Police (RCMP)
      • If you are defrauded by someone you met in person, contact your local police department.
      • If you suspect that a Fetch post may be connected to a scam, please send us the details.
• Fulfill your agreements regarding requests. Fetch knows that its users are good human beings who respect each other and honor their agreements.  And do so in a polite manner.
  • People fulfilling requests will
    • Give the person who has made the request exactly what he or she requested.
    • Do so within the agreed-upon time.
    • Do so according to any other agreements made between both parties.
  • People receiving fulfillment of their requests will
    • Pay upon delivery.
• Follow all laws while fulfilling requests. Fetch wants you to be safe.  Never drive under the impairment of drugs or alcohol. Always obey all traffic rules.  Don’t do anything illegal to fulfill a request.
• Respect your privacy and that of others. We do.  This is our Privacy Policy It details how data about you is used when you access our applications, websites and services (together, “Fetch”) or interact with us. If we update it, we will revise the date, place notices on Fetch if changes are material, and/or obtain your consent as required by law.
  • Protecting your privacy
    • We take precautions to prevent unauthorized access to or misuse of data about you.
    • We do not run ads, other than the classifieds posted by our users.
    • We do not share your data with third parties for marketing purposes.
    • We do not engage in cross-marketing or link-referral programs.
    • We do not employ tracking devices for marketing purposes.
    • We do not send you unsolicited communications for marketing purposes.
    • We do not engage in affiliate marketing (and prohibit it on Fetch).
    • We do provide email proxy & relay services to reduce unwanted email.
    • Please review privacy policies of any third party sites linked to from Fetch.
  • Data we use to provide/improve our services and/or combat fraud/abuse:
    • data you post on or send via Fetch, and/or send us directly or via other sites
    • credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
    • data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
    • web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
    • data collected via cookies (e.g. search data and “favorites” lists).
    • data about your device(s) (e.g. screen size, DOM local storage, plugins).
    • data from 3rd parties (e.g. phone type, geo-location via IP address).
  • Data we store
    • We retain data as needed for our business purposes and/or as required by law.
    • We make good faith efforts to store data securely, but can make no guarantees.
    • You may access and update certain data about you via your account login.
  • Circumstances in which we may disclose user data:
    • to vendors and service providers (e.g. payment processors) working on our behalf.
    • to respond to subpoenas, search warrants, court orders, or other legal process.
    • to protect our rights, property, or safety, or that of users of Fetch or the general public.
    • with your consent (e.g. if you authorize us to share data with other users).
    • in connection with a merger, bankruptcy, or sale/transfer of assets.
    • in aggregate/summary form, where it cannot reasonably be used to identify you.

Thank you for following these Policies and helping keep Fetch a safe and useful place for everyone.  Remember, by accessing Fetch, you agree to our Policies (“Policies”) and our Terms of Use (“TOU”), last updated July 13, 2017.

By accessing Fetch, you agree to our Terms of Use (“TOU”):

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Fetch in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from Fetch, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with Fetch, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).

MODERATION. You agree we may moderate Fetch access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All Fetch Policies are incorporated herein.

SALES. You authorize us to charge your account for Fetch  fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to Fetch, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and Fetch is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your Fetch use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“FETCH ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) FETCH ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your Fetch use is governed by New Mexico (“NM”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Santa Fe, NM (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against Fetch Entities; (6) (except government agencies) to indemnify Fetch Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your Fetch use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC. Users complying with prior written licenses may access Fetch thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy above for how we collect, use and share data. If you feel content infringes your rights see fetchlocaldelivery.com/about/

Thank you for reading our Policies and Terms of Use and keeping Fetch a safe and useful place for everyone. Remember, by accessing Fetch, you agree to our Policies (“Policies”) and our Terms of Use (“TOU”), last updated July 13, 2017.

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