Last Modified: July 4th, 2023

Introduction

 

Thank you for using the iDrop Materials for your same day delivery needs.

 

This section entitled Terms of Service governs your use of iDrop Materials via both website and mobile application.

 

By using iDrop Materials, you agree to be bound by these Terms of Service stated herein.

 

By using iDrop Materials, you agree to the collection, use, and disclosure of your personal information in accordance with iDrop Materials’ Privacy Policy.

 

The services as offered by iDrop Materials allows you to select materials as offered for purchasing and delivery by a Dropper to your location.  A Dropper is the individual that shops and and/or delivers your order for you, including any retail partners and their employees and/or agents where applicable or third-party providers. Delivery of the materials you purchased will be provided by a Dropper, who is a third party independent contractor who is not employed by iDrop Materials.  

 

By purchasing materials via iDrop Materials, you authorize the purchase and delivery of materials from the retailer selected.  Unless otherwise specified, you acknowledge and agree that iDrop Materials and the Dropper are acting as your agent in the purchasing and delivery of the materials purchased by you and are not the seller of the materials to you. You agree that your purchase is being made from the retailer selected, not from iDrop Materials, and that retailer is the merchant of record, and that title to any materials passes to you when they are purchased at the retailer’s store. You agree that iDrop Materials or the applicable retailer will obtain a credit card authorization for your credit card on file with iDrop Materials to cover the cost of the materials you purchased from the retailer and any separate iDrop Materials fees, and your card will be charged for the materials purchased by you and any applicable fees, taxes and/or tips.  Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.

 

You acknowledge and agree that, except as expressly provided for otherwise in these Terms of Service, or a separate agreement between you and iDrop Materials, iDrop Materials does not form any employment or agency relationship with you and does not hold title to any materials that you order through iDrop Materials.

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All prices and other amounts are in the currency of the jurisdiction where the delivery takes place.

 

iDrop Materials reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).

 

Prices of materials offered may be different than prices offered for the same materials in-store by the same retailer.

 

Usage of iDrop Materials Services

 

iDrop Materials grants you a limited license to use our services for their intended purpose subject to all Terms, Conditions, and Policies of iDrop Materials.  The license granted shall be non-exclusive, non-transferable, and may be revoked by us.

 

You may not copy, modify, distribute, sell, or lease any part of the services provided by iDrop Materials.

 

You may not extract or attempt to extract the source code of the services provided.

 

You may only access the services provided via the interfaces that iDrop Materials provides. 

 

You recognize that the software you use to access iDrop Materials may update itself automatically on your device.  

 

If you are using iDrop Materials on behalf of a third party (i.e. business), you hereby represent and warrant that you have the authority necessary to bind that third party to iDrop Materials’ Terms and Privacy Policy and that you are agreeing to these Terms on behalf of that third party.

 

You agree that you are responsible for all conduct and transactions while using your iDrop Materials account and that you will take all necessary precautions to safeguard your password and any other account information.

 

In an effort to improve the services provided to you, iDrop Materials may introduce new features, change existing features, or remove features from the services provided at any time and without further notice to you.

 

If you provide iDrop Materials with any feedback and/or comments, you grant iDrop Materials the right to use such feedback or comments for any purpose without restriction or payment to you.

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Cancelations, Refunds, Returns of Ordered Items

 

Once your order is placed and payment is processed via iDrop Materials, the order may not be canceled.

 

Droppers cannot process returns and/or refunds.

 

If you have any requests for refunds and/or returns, you must visit the retailer where the materials came from. 

 

Communications

 

When you create an account with iDrop Materials, you agree to accept and receive communications from iDrop Materials and the Dropper(s).  These communications may come in the form of an email, text message, call, and/or push notification to the cellular telephone number in your account.

 

You agree that you may receive communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of iDrop Materials, its affiliated companies and/or Droppers, including but not limited to communications concerning orders placed through your account. Message and data rates may apply.

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Subscription Fees and Automatic Renewal

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iDrop Materials charges an annual subscription fee of Ninety-Eight Dollars ($98.00) or a monthly subscription fee of Twelve Dollars and 95/100 ($12.95) for the use of the Services. 

 

You will be required to pre-pay this subscription fee at the time of subscription, which will be effective (i) with respect to annual subscriptions, for one calendar year from the date of sign up and payment, or (ii) with respect to monthly subscriptions, for one month from the date of sign up and payment.  After a subscription period is elected and paid for, no refund will be received if you would like to cancel the services for that period of time so elected.  Subscription fees are subject to change.

 

Your iDrop Materials annual or monthly subscription will automatically renew, and the applicable subscription fee will be automatically charged to you, to the credit card on file, at the time of renewal, without any need for further notice to you.  For automatic renewals of subscriptions, subscription billings will occur on the same day of each month or year, as applicable, following the date of sign up of such subscription (except with respect to monthly subscriptions, to the extent such subscription commenced on the last day(s) of the month, then it would be renewed on the last day of each subsequent month).

 

Subscription fees are subject to change. Any new or renewed subscriptions will be subject to the terms of service active at that time and displayed when you sign up for iDrop Materials Services. iDrop Materials may also make such changes with respect to current iDrop Materials subscriptions. In that case, iDrop Materials will provide you with notice at checkout of the changes and when those changes will take effect. If you disagree with the changes to your current iDrop Materials subscription terms of service, you may cancel your iDrop Materials subscription as provided herein.

 

 

 

Cancellation of your Subscription

 

If you do not want your subscription to automatically renew, you can contact the iDrop Material’s Support Center to cancel the renewal within thirty (30) days from the date such subscription period ends.  For example if you subscribed to monthly subscription services on January 3, 2022 and would like to cancel such subscription services by July 3, 2022, then you would be required to notify iDrop Material's Support Center by no later than June 3, 2022 of your cancelation request or you will be billed for the month of July 2022.  You will be charged for the period of time you originally subscribed for (i.e., annual or monthly), if your cancellation request is not received in the time period stated above. If you would like to change the credit card on file, please also contact the iDrop Material’s Support Center.

 

You may cancel any cancellation request or reactivate any subscription you cancelled (with no extra fees or charges incurred by you) if you notify iDrop Material's Support Center of your reactivation request during the period you are still paying for subscription services.

 

Minimum Order

 

The minimum order that iDrop Materials will deliver via a Dropper is Fifty Dollars and 00/100 ($50.00), excluding convenience fees or gratuity.

 

Convenience Fee and Certain Delivery Fees

 

A convenience fee of Twenty-Three Percent (23%) on the aggregate amount of each order will be assessed to you.  For your use of the Services while not under any annual or monthly subscription, an additional delivery fee (in addition to the convenience fee referenced above) of Seven Dollars and 99/100 ($7.99) will be applied for each order.  Other service fees, special handling fees, and/or taxes may still apply.

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Trial or Promotional Subscriptions

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From time to time, iDrop Materials offers some customers trial or other promotional subscriptions. Such trial or promotional subscriptions are subject to these Terms except as otherwise stated in the promotional offer and are for new customers or certain members only. Only one trial or promotional subscription is available per household. iDrop Materials will charge you the applicable fee (which will be on a recurring basis as provided above) after your free trial period has expired to the credit card on file with iDrop Materials. If you cancel before the trial period has expired, iDrop Materials will not charge you.

 

Same Day or Next Day Service; Restricted Areas of Operations

 

Droppers will deliver your order on the same day for all orders made prior to 11 a.m. on that day.  For all orders ordered after such time, deliveries will occur no later than the next day.  Typical orders are delivered within 1-2 hours of order placement.  Force majeure type of events may cause certain delays but iDrop Materials will use commercially reasonable efforts to inform you of any such delay. The geographic areas accommodating deliveries by Droppers may be restricted.

 

Assignment or Transfer of Subscription

 

Your iDrop Materials membership cannot be transferred or assigned.

 

iDrop Materials reserves the right to accept, refuse, or cancel your subscription at any time in its sole discretion.

 

Coupons

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iDrop Materials will not honor any coupons that are not entered and/or accepted by the iDrop Materials shopping site at the time of purchase.   Coupons may not be applied to an order that has been placed and paid for.

 

Products and Content

 

You agree that iDrop Materials does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the iDrop Materials interface. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through iDrop Materials, you agree that you do so at your own risk and that iDrop Materials shall have no liability based on such purchase, use, or access.

 

Release of Claims

 

To the maximum extent permitted by applicable law, iDrop Materials disclaims all representations, conditions, and warranties, whether expressed, legal, implied, or statutory; including all implied warranties and conditions of quality, fitness, non-infringement, durability, title, and particular purpose.

 

The services provided by iDrop Materials are as is and, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iDROP MATERIALS MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY DROPPERS OR THIRD PARTY PROVIDERS, OR MATERIALS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

iDROP MATERIALS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DROPPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY DROPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER iDROP MATERIALS NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY DROPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY DROPPER OR THIRD PARTY PROVIDER. NEITHER iDROP MATERIALS NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY DROPPER OR THIRD PARTY PROVIDER.

 

In the event you have a dispute with one or more Dropper or Third Party Providers, you agree to release iDrop Materials, including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers, from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

 

Limits on Liability

 

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

IN NO EVENT SHALL iDROP MATERIALS (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF iDROP MATERIALS OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL iDROP MATERIALS (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY DROPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF iDROP MATERIALS OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

iDROP MATERIALS, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY DROPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO iDROP MATERIALS FOR THE PAST 12 MONTHS OF THE SERVICES.

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Indemnification

 

You agree to defend, indemnify and hold harmless iDrop Materials and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms of Service, including without limitation any actual or alleged violation of any law, rule or regulation.

 

Disputes Resolution

 

If you have a dispute with iDrop Materials arising out of your use of the services offered, you agree to contact iDrop Materials first and attempt to work out any such dispute amicably.

 

If the matter does not resolve, both you and iDrop Materials agree to resolve any disputes arising out of your use of the services or these Terms of Service through binding arbitration.

 

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR OTHER PROCEEDING (COLLECTIVELY, “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND iDrop Materials ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

In any lawsuit in which (1) the complaint is filed as a class action, collective action or other representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or other representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or other representative arbitration.

 

Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

 

Arbitration Procedures and Location: The Parties agree that any arbitration shall be conducted before one neutral arbitrator selected by the Parties and the hearing conducted in accordance with the Arbitration Rules and Mediation Procedures (the “Rules”) of the American Arbitration Association (“AAA”), then in effect.  A copy of the Rules are available at https://www.adr.org/Rules.  The arbitrator must be both an attorney and a member in good standing of the Nation Academy of Arbitrators.  AAA Class Action Procedures cannot and will not apply to any proceeding hereunder. The Parties agree that the enforceability of this Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. The Parties also understand and agree that iDrop Materials’ business and Services involve commerce under the Federal Arbitration Act. If AAA is not available to hear the matter in dispute, the Parties shall confer and agree upon a mutually agreeable arbitral forum. The unavailability of AAA or any other arbitral forum shall not be a basis to invalidate the Parties’ agreement to arbitrate.  The arbitration shall be held in Broward County, Florida or in any other location the Parties mutually agree upon in writing.

 

Arbitration Fees, Attorney’s Fees, and Costs: iDrop Materials shall pay all arbitrators’ fees and any AAA arbitration administrative expenses initially if you can’t afford such fees initially (such ability to afford which shall be determined by the arbitrator); otherwise such fees and expenses shall be split equally between the parties. Payment of all filing, administration, and arbitrator fees (collectively, “arbitration fees”) will be governed by the applicable AAA Rules. In addition, in all cases required by law, iDrop Materials will pay the full amount of the arbitration fees. Any disputes will be resolved by the arbitrator as soon as practicable after the arbitrator is selected and such arbitrator shall award any type of legal or equitable relief, to the extent such relief is available under applicable law, including but not limited to, attorney’s fees, compensatory damages, punitive or exemplary damages and injunctive relief. Each party shall pay its own costs and attorney’s fees, subject to the arbitrator’s ability, described above, to award costs and attorney’s fees to the extent such a remedy would have been available to the parties had the matter been heard in a court.

 

Awards: The arbitrator is authorized to award any remedy or relief available under applicable law that the arbitrator deems just and equitable, including any arbitration fee initially paid for by iDrop Materials and any remedy or relief that would have been available to the Parties had the matter been heard in a court and as provided herein, except that this Section does not encompass any remedy or relief awarded on a class-wide basis. All determinations of final relief will be decided in arbitration.

 

Controlling Law

 

To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Florida for residents of the United States.

 

Entire Agreement & Severability

 

The Terms of Service herein are subject to any amendments, modifications, or additional agreements you enter into with iDrop Materials, and the Terms of Service and additional agreements shall constitute the entire agreement between you and iDrop Materials.

 

If any provision of these Terms of Service is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

 

No Waiver

 

iDrop Materials’ failure to monitor or enforce a provision of these Terms of Service does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

 

Assignment

 

You may not assign any of your rights, licenses, or obligations under these Terms of Service.

 

Any such attempt at assignment by you shall be void.

 

iDrop Materials may assign its rights, licenses, and obligations under these Terms of Service without limitation.

 

Changes to the Terms

 

iDrop Materials may make changes to the Terms of Service by posting the most current version of the Terms of Service on this page (and you will be bound by such changes immediately when posted).  Therefore, we encourage you to review this page regularly. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and, in the case of materials changes to the Privacy Policy, we may provide you with additional notice, either via the user interface or vial email.

 

Copyright and Trademark Policy

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iDrop Materials respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with relevant laws. iDrop Materials will respond to valid notices of copyright infringement and reserves the right to terminate any users, at iDrop Materials’ sole discretion and without notice, who infringe copyrights or other intellectual property rights.

 

Contact Information

 

If you have any questions or comments about our Privacy Policy, please contact us at:

 

iDrop Materials, LLC

1127 S. Patrick Drive

Unit 28

Satellite Beach, Florida 32937

contact@idropmaterials.com.