Terms and Conditions
Terms and Conditions
Section 1: Introduction and General Terms
Purpose and Scope
These Terms and Conditions govern your use of the Delivery Locate website (deliverylocate.com) and all associated services, which include the provision of guidance on pick-ups and deliveries through detailed instructions, visual aids, and supportive tools. By accessing and using our services, you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
Acceptance of Terms
By using this website, you signify your acceptance of these terms and conditions. If you do not agree with any part of the terms, you must not use this website. Your continued use of Delivery Locate following the posting of changes to these terms will be deemed your acceptance of those changes.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our discretion. Users are encouraged to periodically review this page for the latest information on our terms.
Legal Capacity
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Accessibility
This Terms and Conditions document is accessible from every page of the website via a hyperlink and is designed to be clear and easy to understand.
Governing Law
The Terms and Conditions of use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Indiana.
Contact Information
For any questions or concerns about these terms, please contact us via the details provided on our website.
Effective Date
These terms are effective as of [insert effective date] and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
Section 2: Use of Services
Service Description
Delivery Locate provides detailed instructional guidance on pick-ups and deliveries, including operational hours, precise locations, contact details, and visual aids like photos and videos. Our services are designed to streamline your delivery and pickup processes by providing comprehensive information to reduce confusion and inefficiency.
User Responsibilities
When using our services, you are responsible for:
· Ensuring the accuracy of the information you provide to us.
· Complying with all applicable local, state, national, and international laws and regulations.
· Using the information and resources provided by Delivery Locate only for lawful purposes and in a manner that does not infringe or violate the rights of others.
Prohibited Uses
You are expressly prohibited from:
· Misusing the services or accessing any service or area of the website that you are not authorized to access.
· Engaging in any activity that interferes with or disrupts the services provided by Delivery Locate.
· Copying, storing, or otherwise accessing any information contained on the website for purposes not expressly permitted by these Terms.
Account Registration
To access certain features of our website, you may be required to create an account. As part of the registration process, you agree to provide truthful information and to update this information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of your account details and are fully responsible for all activities that occur under your account.
Service Modifications
We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice at any time. You agree that Delivery Locate shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.
Third-Party Services
Our services may include links to third-party websites or services that are not owned or controlled by Delivery Locate. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Delivery Locate 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 websites or services.
Section 3: Intellectual Property Rights
Ownership and Rights
All content, including texts, graphics, images, software, logos, and all other intellectual property related to our website and services, are the exclusive property of Delivery Locate or its licensors. The content is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
License to Use
Delivery Locate grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your personal, non-commercial use in accordance with these Terms. This license does not include any rights to:
· Resell or commercially use our services or content.
· Collect and use any product listings, descriptions, or prices.
· Derivative use of the services or their contents.
· Download or copy any account information for the benefit of another merchant.
· Use data mining, robots, or similar data gathering and extraction tools.
Copyright and Trademark Notices
All trademarks, service marks, and trade names of Delivery Locate used on the site are trademarks or registered trademarks of Delivery Locate or its affiliates. Unauthorized use of any trademarks, service marks, or logos found on the site may be a violation of federal and state trademark laws.
Content Provided by Users
If you post, upload, input, provide, or submit your own content to our website, you grant Delivery Locate and its affiliated companies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media. You also grant Delivery Locate the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you will have no recourse against Delivery Locate for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Copyright Complaints and Copyright Agent
Delivery Locate respects the intellectual property of others and asks that users of our services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the site;
· 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.
Section 4: Payment Terms
Subscription Fees
Delivery Locate may charge subscription fees for access to certain parts of our services. All fees are stated in United States dollars and must be paid in full, including any applicable taxes, before access to the service is granted.
Payment Methods
We accept payments through various methods, including credit cards, debit cards, and online payment platforms. By submitting your payment details, you confirm that you are entitled to use those payment methods and that we may charge your payment method for the subscription fees and any other charges you may incur in connection with your use of the Delivery Locate service.
Renewals and Cancellations
Your subscription will automatically renew at the end of each subscription period, unless you cancel it before your next renewal date. We will attempt to notify you before renewal to remind you that your subscription is about to renew. You may cancel your subscription at any time by following the cancellation procedures described on our website.
Refunds and Chargebacks
All payments made to Delivery Locate are non-refundable, except as required by law. Chargebacks or payment disputes initiated by you with your credit card company or bank will result in the immediate termination of your subscription and may lead to further legal action.
Late Payments
In the event of late payments, Delivery Locate reserves the right to suspend or terminate your access to the subscription services. Interest may be charged on any overdue amounts at the highest rate permitted by law.
Price Changes
Delivery Locate reserves the right to adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect following email notice to you.
Section 5: Disclaimers and Limitations of Liability
Service Disclaimer
Delivery Locate provides its services on an "as is" and "as available" basis. We do not guarantee that our services will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. We are not liable for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Limitation of Liability
To the fullest extent permitted by law, Delivery Locate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
· Your access to, use of, or inability to access or use our services;
· Any conduct or content of any third party on our services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
· Any content obtained from our services; or
· Unauthorized access, use, or alteration of your transmissions or content.
Indemnity
You agree to defend, indemnify, and hold harmless Delivery Locate, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with:
· Your access to or use of our services;
· Your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or
· Any claim that your content caused damage to a third party.
Disclaimer of Warranties
You expressly understand and agree that your use of the Delivery Locate services is at your sole risk and that the services are provided "as is" and "as available." Delivery Locate explicitly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in our services will meet your requirements or that the operation of our services will be uninterrupted or error-free.
Section 6: Termination and Suspension
Right to Terminate
Delivery Locate reserves the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. Upon termination, your right to use the services will cease immediately.
Effects of Termination
If your account is terminated, any data associated with your account, including saved information and account settings, may be deleted. We are not responsible for any loss of data or other consequences resulting from the termination of your account.
Suspension for Non-Compliance
Should you engage in any behavior that violates our terms or any applicable laws, your account may be suspended temporarily or permanently. During suspension, you may not be able to access your account or any related data.
User Initiated Termination
You have the right to terminate your account at any time. You can do this by following the instructions on our website or by contacting customer support. It is important to note that upon termination of your account, you may still be obligated to pay any outstanding fees or charges.
Survival of Terms
Upon termination, all provisions of these Terms which by their nature should survive termination shall remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section 7: Dispute Resolution
Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of Indiana, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions ("Dispute"), you and Delivery Locate agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
If you and Delivery Locate are unable to resolve a Dispute through informal negotiations, either you or Delivery Locate may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Arbitration Process
The arbitration will be conducted in the State of Indiana, United States, by a single arbitrator. The arbitration shall be conducted under the rules of the American Arbitration Association, and the language of the arbitration shall be English.
Restrictions
The arbitrator shall not have the authority to award punitive damages or any other form of relief not contemplated in these Terms. The decision of the arbitrator will be final and binding on all parties to this agreement.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Section 8: General Provisions
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Delivery Locate regarding our services, and supersede and replace any prior agreements we might have had between us regarding the services.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Delivery Locate's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Amendments
We reserve the right to amend or update these Terms and Conditions at any time by posting a revised version on our website. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Your continued use of the website and services after such amendments will constitute acknowledgment and agreement of the modified terms and conditions.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Delivery Locate's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Delivery Locate may assign or transfer these Terms, at its sole discretion, without restriction.
Force Majeure
Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Headings
The headings in these Terms are for convenience only and do not affect the interpretation of the Terms.
Contact Information
If you have any questions about these Terms, please contact us using the contact information provided on our website.