Terms and Conditions
Last updated: August 13, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Delivery Chain, Inc
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Arizona, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Delivery Chain, Inc, 7047 E Greenway Pkwy, Suite 250.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application.
Site(s) refer to that website or those websites through which you access the Service and Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You and Your mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. You also represent that you freely, voluntarily and with full authority and capacity to do so, agree to be bound by and accept these Terms and Conditions. We reserve the right to cancel your Account and to discontinue making the Service available to you should you violate any of these Terms and Conditions.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We also reserve the right, in our sole discretion, to change or update features of the Goods and Service, at any time, without prior notice, in our discretion. We also reserve the right, in our sole discretion, to discontinue the Service and/or any of the Goods and or to modify the contents of our Site(s). You agree that we will not be liable or responsible for any such discontinuance or modification of the Site(s), Service, Goods, or any of them, provided that once you make an Order, and such Order has been accepted by us and processed accordingly, and you have paid for the Service and/or Goods as required under that Order, we will continue to make the Site(s), Service and Goods available as provided in such Order and as otherwise provided in these Terms and Conditions that were in effect as of the time of such Order.
We will exercise reasonable efforts to maintain the Site(s), Application and Service in reasonable condition and working order, or with respect to third-party tools and applications to cause the appropriate third party(s) to so maintain. We are not responsible for any of Your inability to access the Site(s), Application or Service due to scheduled maintenance and upgrades of the same, or any corresponding Internet servers or software. We will use reasonable efforts to ensure that any period of inaccessibility shall not exceed 48 hours. In the event that the Site(s), Application or Service become inaccessible, or their operation deviates materially from that provided in these Terms and Conditions and any applicable confirmed and accepted Order, and such deviation can be replicated by You, then You shall give written notification of the inaccessibility or the deviation, and in the case of deviations, sufficient information to permit replication and analysis. Upon receipt of notice from You of any inaccessibility or deviation, we shall use reasonable efforts to diagnose the cause of the inaccessibility or deviation. Upon completion of the diagnosis, we shall advise You of the cause of the inaccessibility or deviation and shall use efforts that we consider to be reasonable in our sole discretion, without charge, to restore access to and use of the Site(s), Application and Service or avoid the deviation. Notwithstanding the foregoing, we shall have no obligation to resolve any inaccessibility or deviation caused by (i) modification of the Site(s), Application or Service by anyone other than us, (ii) use of the Site(s), Application or Service for any purpose other than intended, (iii) misuse or incorrect use of the Site(s), Application or Service, or (iv) malfunction of any of Your computer or any telecommunications services or equipment not under our control. We will provide reasonable technical support to You during our business hours with respect to Your use of the Site(s), Application and Service. We will implement, or with respect to third-party tools and applications we will cause the appropriate third party(s) to implement, the data archive procedures resident in the Site(s), Application and Service at regular intervals, and You acknowledge that the liability for loss, destruction or damage to any personal data You may store in, at or through any such Site(s), Application or Service is limited pursuant to these Terms and Conditions. As between You and us, we have the sole right and responsibility to maintain and update the logical and physical organization and structure of the databases and associated files within the Site(s), Application and Service. In connection therewith, we, in our sole discretion, shall have authority and access at all times these Terms and Conditions are in effect to set up, utilize and administer third-party tools and applications for You and on Your behalf, as well as to make administrative setting changes in all technology platforms and services used and operated by You or on Your behalf, each as they relate to the Site(s), Application and Service.
We will establish and maintain commercially reasonable security measures designed to protect You from any security breaches at or through the Site(s), Application and Service. However, we will not under any circumstances be responsible for any security breaches caused by, arising from, resulting from or attributable to any factor other than our gross negligence or intentional misconduct. Specifically, among other things, we will have no responsibility for any security breaches caused by, arising from, resulting from or attributable to any features employed by any third party hosting company, it being understood and agreed that You may not under any circumstances hold us responsible or liable therefor and that Your sole recourse therefor shall be limited to the appropriate third party hosting company or companies.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Unless and until You place such an Order, and we have processed and accepted such Order, you shall have no expectations as to pricing or payment terms associated with the Service or any Goods based on Your previous access to and receipt of information at any of the Site(s) or through the Application.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through your Settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You agree to indemnify, defend, protect and hold us, and each of our employees, officers, principles, directors, agents, representatives, successors and assigns harmless from and against any and all actions, causes of action, demands, liabilities, losses, damages, injuries, costs, or expenses, of whatever kind in nature, including attorney’s fees and reasonable expenses incurred in connection with these Terms and Conditions, to the extent arising or resulting from, caused by or pertaining to any and all activities through Your Account, including without limitation use and utilization of the Application and Service, except to the extent the damage or liability is caused by our breach or violation of any duties, obligations or responsibilities under these Terms and Conditions, or our negligence, willful misconduct or otherwise wrongful conduct. You and we agree to notify each other immediately upon the making of any claim or institution of litigation or dispute resolution proceedings giving rise to any obligation of indemnity under this paragraph.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and a nonexclusive, irrevocable, transferable, perpetual, worldwide, royalty-free and fully paid-up license to access, use, adapt, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, for any legal purpose, including without limitation to perform and provide the Service and Goods and to perform our other obligations under these Terms and Conditions, to enforce these Terms and Conditions, to analyze, transfer and use such Content in an aggregated form from which all personally identifiable information has been removed, for purposes of benchmarking system performance, preparing statistics, system metrics and other purposes, and to market the Site(s), Application, Service and Goods and our other products, goods, services and endeavors, as well as the right to sublicense such rights to any holding provider and other third parties as necessary for us to do so or as may be reasonably necessary or appropriate in connection with the operation, maintenance, repair, updating, development, improvement or other activities of and through the Site(s), Application and Service and our performance of services, functions and endeavors. Subject to such license, You retain any and all of Your rights to any Content You submit, post or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms and Conditions.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content, or otherwise access or utilize the Site(s), Application or Service in any way or in any manner, that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting or encouraging unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; including without limitation uses in violation of the CAN-SPAM Act of 2003.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person or of any privacy laws.
- False information and features.
- Acting in any manner that is misleading, threatening, abusive, vulgar, obscene, profane or otherwise reasonably objectionable.
- Using the Site(s), Application or Service in any way that restricts or inhibits others from using or enjoying the Site(s), Application and Service.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
You acknowledge that certain aspects, features and functions of the Site(s), Application and Service shall reside in one or more third-party hosting companies’ computing environment(s), which comprise both servers and telecommunications services, and that certain uses of the capabilities offered by and through the Site(s), Application and Service may render the same inaccessible or may impair the performance of Your computing environment(s) and those for our other customers. In the event of any such use by You, we will notify You accordingly, You will be obligated to put an immediate stop to such use, and You will notify us in writing that such use has ceased. In the event of Your failure to put an immediate stop to such use, we reserve the right to suspend or terminate Your Account and Your access to the Site(s), Application and Service. In the meantime, in the event of any damage or delay suffered by You that is caused by, arising from or resulting from any acts or omissions of any third-party hosting company, as opposed to us, You agree that we shall not be liable or responsible for such damage or delay, and You agree that Your sole recourse in connection with such damage or delay shall be such third-party hosting company and/or said hosting company’s insurers or sureties. We hereby assign to You any and all of our rights as to our relationship with such hosting company for such purpose.
You shall remain solely responsible for all errors or problems in Your Content impacting the Site(s), Application or Service or the performance or effectiveness thereof, maintaining and providing any necessary operating environments in which You utilize or apply the Site(s), Application or Service, errors caused by third party software or hardware or the configuration of such items as they relate to such access, utilization or application, and interruptions in access to the Site(s), Application or Service or other downtime attributable to any of Your Internet providers.
Other than page caching and as necessary to receive the Service and Order, purchase and receive Goods, You are not authorized to download or modify the Site(s), Application or Service, or any portion thereof. Unless otherwise authorized in writing by us, neither You, nor any third-party, is authorized to deep link to any web page contained at the Site(s) (i.e., no links are permitted under any circumstances from third-party websites to any page of the Site(s) other than a site’s home page). Such links are expressly prohibited. In addition, neither You, nor any third party may link any site’s home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of a third party website as to the true ownership or sponsorship of any of the Site(s) and/or as to the existence or lack thereof of some affiliation or other relationship between the third party and/or its website and us.
We may enact, implement and enforce reasonable rules of use as promulgated and amended from-to-time in our reasonable discretion regulating the use of the Site(s), Application and Service, and You agree to be bound by such rules. In the event of any conflict or inconsistency between these Terms and Conditions and such rules, these Terms and Conditions shall govern and take precedence. Breach of such rules or violation of this paragraph may result in the offending information being removed by us or in our suspension or termination of Your Account and/or access to the Site(s), Application and Service.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Content Posted By Others
You understand and acknowledge that we cannot, do not and will not monitor all material posted or transmitted by customers, users and third party information providers at or through the Site(s), Application or Service. Although we have no obligation to review or remove any such content in general, we reserve the right to remove any content posted at or through the Site(s), Application or Service at any time for any reason in our sole discretion, including without limitation copyrighted content or other proprietary information of any kind that has been posted or linked to without the express permission of the owner of that material. Decisions in such regard shall be made by us in our sole discretion after actual notice of such posting and in no event or circumstance shall be construed as giving rise to any duty or obligation to review or remove in the future.
The Site(s) and Application contain information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material. We not control such material supplied by parties other than us. Any opinions, advice, statements, services, offers, and/or other information that constitute part of such materials expressed or made available by third parties and not by us are those of the respective authors or distributors and not of us. In many instances, such materials available through the Site(s) and Application represent the opinions and judgments of the respective party or user not under contract with us. Unless clearly, expressly and unequivocally indicated elsewhere, we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, suggestions, statistics or statements posted by parties other than us anywhere at or through the Site(s) or Application or elsewhere in connection with the Service. We do not make any warranties with respect to any of the data featured or mentioned on, at or through the Site(s) or Application with the Service unless provided directly by us as actually authorized by us. Any information or material placed online by parties other than us, including advice and opinions, are the views and responsibility of those who post the materials, and do not necessarily represent our views. Under no circumstances shall we be liable for any loss, damage or harm caused by Your reliance on information obtained through the Site(s), Application or Service unless provided directly by us and with our actual authorization. It is Your responsibility to evaluate the information, opinion, advice or other materials available through the Site(s) or Application and not provided directly by us. You agree that we are not responsible, and shall have no liability, with respect to any information or materials posted by any party other than us with our actual authorization, including without limitation defamatory, offensive or illicit material, or materials that violate these Terms and Conditions, and You accordingly unconditionally release all of our Affiliates and us from any and all liabilities and claims related to such information and materials posted by third parties.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email 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.
- 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.
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You may not, and You may not cause others, to apply for any right in any of our trademarks, trade dress or any related intellectual property, including without limitation copyrights and patents, for any purpose. To the extent You may claim any rights, direct, derivative or otherwise, in relation to any such intellectual property other than any limited license to use and utilize such intellectual property under these Terms ad Conditions, You hereby disclaim and assign such rights to us. You agree to execute, and in the alternative You grant us power of attorney to execute and record in Your stead, any and all documentation, including without limitation disclaimers and assignments of rights to our intellectual property, as necessary to document publicly, legally and officially our exclusive ownership, or that or our duly authorized licensors, of all intellectual property related to the Site(s), Application and Service, with the exception of Your Content. Neither You nor any third party may market, use, utilize, reuse or redistribute any of our intellectual property, except as expressly authorized under these Terms and Conditions or except as approved in writing by our actually authorized representatives. You may not frame or utilize any framing techniques to enclose any of our intellectual property. You may not use metatags or other hidden text utilizing our intellectual property. Any unauthorized use of our intellectual property shall terminate any and all rights to use our intellectual property, whereupon we may but are not obligated to terminate Your Account and Your access to the Site(s), Application and Service. The Site(s) and Application contain copyrighted material, trademarks and other proprietary information, which may include text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site(s) or Application’s content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express written permission. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You shall hold all of our proprietary information in strict confidence and shall refrain from: (i) providing, copying, disclosing, divulging or otherwise making available any such proprietary information to any other person or entity without our prior written consent, in our sole discretion; and (ii) removing or permitting to be removed from such proprietary information of ours any notice indicating the confidential nature of, or our proprietary right in and to such information. You shall exercise at least the same degree of care and protection with respect to our proprietary information that you would exercise with respect to Your own confidential, sensitive, privileged and/or proprietary information, which in no event shall be less than the highest level of care for the industry. You shall take all precautions necessary to ensure that our proprietary information shall not be, or permitted to be, shown, copied or disclosed to other parties, except as expressly provided in these Terms and Conditions. In the event of our written consent to disclose our proprietary information to any other party, You shall advise that other party of his/her/its obligations with respect to such proprietary information, and have that party acknowledge in writing that these Terms and Conditions as applicable to such proprietary information may be directly enforced by us against him/her/it as a condition to such disclosure. You shall provide an original of such written acknowledgment to us, if so requested by us. In any event, You shall disclose our proprietary to the other only as necessary for the purposes authorized in writing by our actually authorized representatives. In addition, You shall ensure that confidentiality notices are included on copies of our proprietary information so provided, and You shall account for the return or destruction of our proprietary information and all reproductions thereof, if so requested by us.
All of our proprietary information, including reproductions thereof, shall be deemed to be and remain our exclusive property (or that of our duly authorized licensors), and no ownership rights of any kind in and to any of our proprietary information are transferred hereby, hereunder or in connection herewith to You or to or any third party. You acknowledge that You do not acquire any such ownership rights by accessing and utilizing copyrighted material or otherwise using the Site(s), Application or Service, or any of them. All rights are reserved.
You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discern the design, structure, internal workings, or other technology incorporated in any of our intellectual property or proprietary information.
In consideration of any of our intellectual property or proprietary information, which You will receive or have access to, in connection with the Site(s), Application and Service, You shall not use or utilize any of our intellectual property or proprietary information to: (i) directly or indirectly sell to, solicit or divert, or attempt to sell to, solicit or divert any customer, client or business affiliate of ours for the purpose of or with the result of (A) competing with us with respect to the Site(s), Application, Service, Goods or subject matter of our intellectual property or proprietary information, or any of them, or any similar products, services or endeavors, (B) altering, modifying, diverting or precluding the development of any of our business relationships involving the Site(s), Application, Service, Goods or subject matter of our intellectual property or proprietary information, or any of them, or any similar products, services or endeavors, or (C) otherwise interfering with business transacted with us with respect to the Site(s), Application, Service, Goods or subject matter of our intellectual property or proprietary information, or any of them, or any similar products, services or endeavors; or (b) directly or indirectly solicit or attempt to solicit, encourage, induce or entice any of our employees, contractors, suppliers or consultants to terminate or modify their employment, engagement or business relationship with us with respect to the Site(s), Application, Service, Goods or subject matter of our intellectual property or proprietary information, or any of them, or any similar products, services or endeavors.
You agree immediately to notify us of any unauthorized use or disclosure of any of our intellectual property or proprietary information related to Your possession of the same, and You agree to cooperate in every reasonably way to help us regain possession of any misused or mis-disclosed intellectual property or proprietary information of ours and prevent (or limit to the extent possible) any further unauthorized use or disclosure.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; (v) that the Service will meet Your requirements or expectations; (vi) that the Site(s), Application or Service, or any of them, will operate in combination with any other hardware, software, systems, platforms or data; (vii) that the Site(s), Application or Service, or any of them, will operate in the combinations that You may select for use, or that all errors therein will be corrected; or (viii) that the Site(s), Application or Service, or any of them, will generate data or other results that are complete or useful for Your purposes.
It is solely Your responsibility to evaluate the completeness or usefulness of all data and materials generated through Your use of the Site(s), Application and Service for Your Purposes. You agree that no inconsistent statement made by a representative or other employee or agent of ours with respect to any representation, warranty or other provision of these Terms and Conditions with respect to the Site(s), System(s), Service or Goods, or any other services, products, programs, features or data provided by or through us, shall supersede these Terms and Conditions, and specifically the disclaimers provided in this portion thereof, which shall govern and take precedence in the event of any conflict, ambiguity or question of interpretation. You further acknowledge and agree that we exercise no control over, and accept no responsibility for, Your compliance with any law or regulation applicable to You.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any dispute, controversy or claim that may arise under or in relation to these Terms and Conditions, or any interpretation or enforcement of these Terms and Conditions, or any transactions contemplated hereunder (each, a “Dispute”, and collectively, “Disputes”) shall be submitted to a mediator located in the State of Arizona to any arbitration or other action. The mediator’s fees and expenses shall be shared equally by the parties, who agree to exercise their best efforts in good faith to resolve all disputes in mediation. Mediation begins on the date one party sends written notice to the other requesting mediation and presenting in the notice the matter to be mediated. The mediation shall conclude when all parties thereto sign an agreement that resolves the subject of the mediation. If no agreement is reached within sixty (60) calendar days after the date of the original written notice, the mediation is considered unsuccessful. In the event any Dispute cannot be settled by the parties informally or through mediation, the Dispute shall be submitted to binding arbitration before a mutually agreeable arbitrator in the Phoenix, Arizona, USA metropolitan area. In the event the parties cannot agree on an arbitrator, the presiding judge of the Superior Court of Maricopa County, Arizona, USA, shall decide who the arbitrator shall be. The arbitrator shall have the discretion to enter any award permissible under applicable law, and such award shall be enforceable exclusively in a state or federal court of competent jurisdiction in Maricopa County, Arizona, USA. You hereby consent to the personal jurisdiction of such courts located in Maricopa County, Arizona, USA, for such purpose. YOU ALSO HEREBY WAIVE RIGHT TO A JURY TRIAL. Should any arbitration or other legal proceeding concerning any provision of these Terms and Conditions or the rights and duties of any person or entity in relation hereto be commenced among the parties, or should any party institute any proceeding in a bankruptcy or similar court which has jurisdiction over any party or any or all of such other party’s property, the party or parties prevailing in such arbitration or proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for their attorneys’ fees and court costs in such arbitration or proceeding which fees and costs shall be determined by the arbitrator or court, as the case may be, in such proceeding or in a separate action brought for that purpose.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
By mail: Delivery Chain, Inc 7047 E Greenway Pkwy, Suite 250, Scottsdale, AZ 85254, United States