SITE TERMS

Last Updated: October 14, 2014.

Welcome to the Amazon Delivery Provider site (the “Site”). Amazon.com, Inc. and/or its affiliates (“Amazon”) operate the Site subject to the following terms of use (these “Site Terms”). By visiting the Site, you accept these Site Terms. Please read them carefully. In addition, when you agree to provide any services to or on behalf of Amazon, you also will be subject to terms of service or other applicable agreements governing those services (the “Agreement”).

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Amazon or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Amazon and protected by U.S. and international copyright laws. All software used on the Site is the property of Amazon or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Amazon trademarks. In addition, other Amazon graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Amazon in the U.S. and other countries. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazon. All other trademarks not owned by Amazon that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon.

PATENTS

One or more patents owned by Amazon may apply to the Site and to the features and services accessible via the Site. Portions of the Site may operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Amazon patents and applicable licensed patents.

LICENSE AND SITE ACCESS

Amazon grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Amazon. This license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Amazon in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Site Terms or, if applicable, the Agreement.

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Amazon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amazon without express written consent. You may not use any meta tags or any other “hidden text” utilizing Amazon’s name or trademarks without the express written consent of Amazon. Any unauthorized use terminates the permission or license granted by Amazon. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray Amazon or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Amazon logo or other proprietary graphic or trademark as part of the link without the express written consent of Amazon.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Amazon reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Amazon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Amazon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Amazon and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You and third parties may be permitted to upload certain data, text, audio, video, images, software or other content (“Third Party Content”) to community areas of the Site. You acknowledge that (a) Amazon has not tested or screened Third Party Content, (b) your use of any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such Third Party Content.

You represent and warrant that you own or otherwise control all of the rights to the content (including any Third Party Content) that you post; that the content is accurate; that use of the content you supply does not violate these Site Terms and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. Amazon has the right but not the obligation to monitor and edit or remove any activity or content. Amazon takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Amazon respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY AMAZON ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR E-MAIL SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

Subject to the application of any relevant Country-Specific Term, as detailed in Appendix 1, by visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Amazon.

DISPUTES

Subject to the application of any relevant Country-Specific Term, as detailed in Appendix 1, any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Site Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Site Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Amazon will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

You and Amazon each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Amazon each waive any right to a jury trial. You and Amazon also both agree that you or Amazon may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to these Site Terms (including any policies incorporated into these Site Terms) at any time and in our sole discretion, and any changes will be effective upon the earlier to occur of (a) emailing the revised Site Terms or policies, or notice of such changes, to you at your email notice address, or (b) posting of the revised Site Terms or policies on the Site. If any provision of these Site Terms is deemed invalid, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision of these Site Terms.

OUR ADDRESS

Amazon.com, Inc.
P.O. Box 81226
Seattle, WA 98108-1226

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed upon;

- A description of where the material that you claim is infringing is located on the Site;

- Your address, telephone number, and e-mail address;

- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Amazon’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108-1226
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: copyright@amazon.com

Courier address:
Copyright Agent
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA

Please note that this procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.

APPENDIX 1
COUNTRY-SPECIFIC TERMS

UNITED KINGDOM

If you are in the United Kingdom:

- the Applicable Law clause is replaced in its entirety by the following wording:
- By visiting the Site, you agree that the laws of England and Wales, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Amazon. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded; and

- the Disputes clause is replaced in its entirety by the following wording:
- You irrevocably submit to the non-exclusive jurisdiction of the courts of England. Any dispute or claim relating in any way to your use of the Site will be resolved by bringing a claim before a relevant competent court in England or in the EU country in which you operate. You waive all objections to the jurisdiction and venue of such courts.

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