Last Updated: Feb 14, 2015
This is an Agreement (the “Agreement”) between (a) you (either an individual, company or a single entity) and (b) Deliveright Logistics (“Deliveright”). Please read this Agreement before using Deliveright or Deliverightlogistics.com to browse, order, purchase, track, deliver merchandise or otherwise access Deliveright or Deliveright.com for browsing, ordering, purchasing, tracking, delivering or reporting on merchandise. By using Deliveright or Deliveright.com, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use Deliveright or its on-line system.
This Agreement governs your use of any software product, website application or accompanying online user-interface provided or made available to you by Deliveright. The term “Software Product” hereafter means computer software, website application, or accompanying online user-interface and may include associated media, printed materials, website design and configuration, and online or electronic documentation. An amendment or addendum to this Agreement may accompany the Deliveright Software Product.
Any unauthorized use of any materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site or software shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: Deliveright grants you the following non-exclusive rights provided you agree to and comply with all terms and conditions of this Agreement:
a.) Use. You may use the Software Product only in furtherance of the ordering, purchasing or delivering of items in partnership with Deliveright or facilitating the ordering, purchasing or delivering of items in partnership with Deliveright. You do not have the right to copy or distribute the Software Product. You may load the Software Product into your computer’s or other electronic device’s temporary memory (RAM) for purposes of using the Software Product.
b.) Storage. The Software Product may store data originating from Deliveright and/or its users. All data input and stored onto the Software Product is owned by Deliveright.
- c) Reservation of Rights. Use of the Software Product is licensed by Deliveright. Deliveright owns all right, title and interest in and to the Software Product and reserves all rights not expressly granted to you in this Agreement. You agree to refrain from any action that would diminish such rights or would call them into question.
c.) Freeware. Notwithstanding the terms and conditions of this Agreement, all or any portion of the Software Product which constitutes non-proprietary Deliveright software or software provided under public license by third parties (“Freeware”), is licensed to you subject to the terms and conditions of the software license Agreement accompanying such Freeware whether in the form of a discrete Agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.
This Agreement applies to updates or supplements to the original Software Product provided by Deliveright unless Deliveright provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
All intellectual property rights in the Software Product and user documentation are owned by Deliveright and are protected by law, including but not limited to United States copyright, patent, trademark law, and trade secret law as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright, trademark or patent notices or other proprietary restrictions from the Software Product.
You may not reverse engineer, decompile, disassemble or create derivative works of the Software Product, except and only to the extent that the right to do so is mandated under applicable law. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this Agreement. Unauthorized copying of the Software Product or failure to comply with the above restrictions will constitute immediate, irreparable harm to Deliveright.
This Agreement is effective unless terminated or rejected. This Agreement will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. In case of such termination, you must cease your use of the Software Product and Deliveright may immediately revoke your access to the Deliveright system. Deliveright’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
You agree that Deliveright may collect and use technical information you provide in relation to support services and improved operations related to the Software Product.
You acknowledge that the Software Product is offered on an “AS-IS” basis and Deliveright does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free. Computer software and website applications are inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELIVERIGHT PROVIDES THE SOFTWARE PRODUCT “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DELIVERIGHT OR A DELIVERIGHT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. IN NO EVENT DOES DELIVERIGHT PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE DELIVERIGHT PRODUCT IS DESIGNED TO BE USED, AND DELIVERIGHT DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
Notwithstanding any damages that you might incur, the entire liability of Deliveright under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Deliveright Product or US$100.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELIVERIGHT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF DELIVERIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You shall comply with all laws and regulations of the United States and other countries (“Export Laws”) to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
You represent that you are of the legal age of majority in your state, province jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
It remains your responsibility to ensure your login credentials (e-mail and password) are kept confidential. Deliveright will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address and password.
Deliveright takes all reasonable measures to meet its goal that any applicable product and/or service are delivered to you as specified in the listing of the product and/or service. You are responsible to notify Deliveright if you do not receive the product and/or service within the time frame specified, or if you believe any damage has occurred in transit or at delivery. Failing to do so may result in the waiver of any claim. Deliveright shall not be liable for any losses suffered due to any errors in the administration of delivery due to incorrect product or delivery details that you provide to Deliveright.
Notwithstanding agreements to the contrary, at no time does Deliveright take title or otherwise own merchandise purchased through the Deliveright Software Product.
You agree to defend, indemnify and hold Deliveright, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Deliveright’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Software, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.
This Agreement is governed by the laws of Delaware regardless of conflict of law provisions.
This Agreement (including any addendum or amendment to this Agreement which is included with the Software Product) is the entire Agreement between you and Deliveright relating to the Software Product.