By using Babiaa Delivery, LLC’s (“Babiaa”) phone application, platform and web sites (collectively, the “Web Sites”) and any related data, and/or related services (collectively, “Services”) , you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).

1. Permitted Use. You agree to use the Services for personal use and transactions done on your own behalf. Subject to these Terms of Use, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In order to use the Services you must register and maintain an active account.
2. Forbidden Use. You agree not to use the Services in any way that is unlawful, or harms Babiaa, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches any other policy or notice on the Services. You agree to use the Services as intended and not for any other purpose. You agree not to impersonate another person or misrepresent yourself in any way to Babiaa or any of its advertisers. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about any user of the Services, or other data or content available through the Services without Babiaa’s prior express written permission.
3. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services only to the extent such unlicensed fair use is allowed by applicable copyright law. Search Engines are not permitted to query, or search information protected by a security verification system (“captcha” or similar equivalents) which limits access to human users.
4. Account Use and Privacy. For materials you post or otherwise provide to Babiaa in connection with the Services (your “Submission”), you grant Babiaa an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Babiaa will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Babiaa may remove or modify your Submission at any time. You agree to provide accurate and complete information and represent that you have all rights necessary to grant Babiaa the rights herein, that Babiaa’s use of the Submission will not infringe any third-party rights. You are solely responsible for all Submissions that you make available through the Services.
   
   You may not share your user account(s) with others. You are responsible for all actions taken via your account. Babiaa will treat your use of the Services in accordance with its Privacy Policy. Certain Services functionalities may involve the distribution of your Submission to third party Web sites over which Babiaa has no control. Babiaa is not responsible for and makes no warranties or representations pertaining to these third-party sites, including but not limited to the content, availability, or functionality of such sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third-party site and you understand that your Submission and your use of a third-party site will be treated in accordance with that third-party site’s own privacy policy and terms of use.
5. Babiaa’s Role and Fees. Babiaa will offer the Services, which are comprised of mobile applications and related services allowing the user to schedule delivery services for their own personal use, for which it will charge you a fee. You will be notified of the fee at the time you elect to use the Services. By electing to use the Services, you agree to pay the fee charged and be responsible for all fees charged to your account.
6. Payment Terms. Babiaa accepts Visa, MasterCard, American Express and Discover. In using the Services, you may be charged local sales tax and other fees. By registering to use the Services and providing your payment information, you agree that Babiaa may store your payment information, including credit or debit card number, expiration date and CVV number for your convenience. If your payment method is declined, Babiaa will attempt to process your charge until the transaction is approved. Babiaa is not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit or debit card, we reserve the right to bill your account directly and seek payment through any other available method.
7. Text Messaging. By registering and using the Services you agree that Babiaa may send you text (SMS) messages in order to provide you with the Services and products offered through the Web Sites. You consent to receiving such messages and agree to be solely responsible for any fees your carrier may charge as a result.
8. Privacy. Babiaa may use personally identifying information provided by a consumer to improve the relevance of advertising shown to consumers. See Privacy Policy.
9. Disclosures and Consent. By using this Web Site and Services, the disclosures and consent required under certain applicable state, federal, and local laws are deemed to be provided, received, and agreed to.
10. Intellectual Property. The Services are the property of Babiaa and subject to the intellectual property rights of Babiaa and its licensors. You may not use any of Babiaa’s trademarks, intellectual property, or any semblanace or derivation of the Babiaa name as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
11. NO WARRANTY. BABIAA PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABIAA AND ITS AFFILIATES, LICENSORS, SUBLICENSORS AND ADVERTISERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. BABIAA AND ITS AFFILIATES, LICENSORS, SUBLICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED.
12. LIABILITY LIMITATION AND EXCLUSIVE REMEDY. IN NO EVENT WILL BABIAA OR ANY AFFILIATES, LICENSORS, SUBLICENSORS AND ADVERTISERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BABIAA OR ITS AFFILIATES, LICENSORS, SUBLICENSORS AND ADVERTISERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
13. Changes; Discontinuance. Babiaa reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Babiaa may alter, suspend, or discontinue the Services at any time to you and/or to others, without notice.
14. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Minnesota, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Hennepin County, Minnesota for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
15. Indemnification. You agree to defend and hold Babiaa, its affiliates, licensors, sublicensors, advertisers, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
16. Release. You release Babiaa, its affiliates, licensors, sublicensors, advertisers, and their respective officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.
17. General. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. Babiaa may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Babiaa’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Babiaa with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Babiaa with respect to the Services. All terms of this Agreement, to the extent applicable, survive termination of these Terms of Use.