DELIVERY VALUE SYSTEM, LLC’S INTERNET SITE TERMS AND CONDITIONS
Updated: May 14, 2015
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.
By using the Site (as herein defined), you agree to these terms and conditions as well as the contents of the Privacy Statement, which is incorporated herein by reference.
Delivery Value System, LLC may modify, change, add, or remove portions of these Terms and Conditions from time to time and without notice. Your continued usage of this website (the "Site") constitutes your acceptance of any such changes. If you do not agree to the terms set forth below, do not use the Site.
RESTRICTIONS ON USE
Material, services, data, and information (including pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by Delivery Value System, LLC or any of its related, affiliated, or subsidiary companies (together, "DVS") may not be copied, distributed, republished, scraped, extracted, accessed, downloaded, uploaded, displayed, posted, transmitted, sold, used, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of DVS. All text, graphics, interfaces, photographs, designs, logos, artwork, code, and other content, is protected by copyright, trademark, and other intellectual property laws. Modification or use of any of the foregoing for any purpose not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws and DVS’s intellectual property rights. The material, services, data, and information on the Site is provided for lawful purposes only. All rights not expressly granted herein are reserved to DVS. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security measures on the Site, your non-exclusive limited license to use the Site and related content automatically terminates.
Without limiting the generality of the preceding paragraph or anything else in these Terms and Conditions or Privacy Statement, you agree not to use, or cause to be used, any computerized or other automated program or mechanism, including without limitation any scraper, spider, or robot, to access, extract, download, scrape, display, transmit, publish, any materials, data, or information (including pricing information) on any DVS Website (including the Site itself) for any purpose, including without limitation for purposes of selling or offering to sell such materials, data, or information to any competitor of DVS. Further, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, site or other medium for any purpose, without DVS’s express prior written consent.
Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to DVS, another user of the Site, or the Site’s third-party server, through the Site (together, the "Submission") shall automatically be granted to DVS in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license. For each Submission you post, make available or otherwise communicate through the Site, you represent and warrant that: (a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule or regulation; (b) such Submission does not contain any virus, malware, or the like; and (c) such Submission does not violate these Terms and Conditions or any rights of any third party.
DVS will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future DVS operations. Except as noted below in this paragraph, DVS will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. DVS may remove any Submission that in its sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive, illegal or that may harm or threaten the safety of any person. DVS does not control or endorse the Submissions and disclaims all liability relating to the Submissions. Personally identifiable information that may be received at the Site is provided voluntarily by you. This shall be used solely in accordance with DVS’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not DVS, have full responsibility for the message, including its legality, reliability, accuracy, appropriateness, originality, and copyright.
THIRD PARTY CONTENT
In addition to official pages on the Site containing the content of DVS in support of DVS’s business, the Site may include third party content and may provide links to websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The views expressed in such Third Party Content should not be construed as representing the views of DVS. In addition, the Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). DVS does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. DVS is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Use of Third Party Content and Third Party Applications is at the user’s own risk and DVS makes no endorsement, claim, or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, or websites linking to the Site. Such content is not under the control of DVS and DVS is not responsible for the contents of any Third Party Content or any link contained in a linked website, or any review, changes or updates to Third Party Content. Your use of Third Party Content will be subject to that third party’s terms and conditions, if any, and its privacy and data gathering policies.
The materialS, services, DATA AND INFORMATION ON the Site could include inaccuracies or errors. DVS may make changes (INCLUDING REMOVAL OF CONTENT OR SERVICES) or improvements at any time. THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. DVS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DVS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUING, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DVS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL SERVICES, DATA, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, DVS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY DVS AT ANY TIME AND WITHOUT PRIOR NOTICE.
Except as described otherwise, all materials, services data, and information on the Site are made available only to provide information about DVS. DVS controls and operates the Site from its headquarters in Hillsborough, North Carolina, United States of America and makes no representation that these materials, services, data, and information are appropriate or available for use in other locations. If you use the Site from other locations you are responsible for compliance with applicable local laws.
LIMITATION OF LIABILITY
The use of the Site and the MATERIAL, SERVICES, DATA, AND INFORMATION ON THE SITE is at your sole risk. neither DVS, its affiliates, nor their respective officers, directors, employees, and agents will not be liable for any damages or injury to person or property, including, but not limited to, any damages or injury caused by OR OTHERWISE RELATED TO any USE, failure of performance, error, omission, interruption, defect, DOWNTIME, delay in operation of transmission, computer virus or other harmful code, or line failure. DVS will not be liable for any damages or injury (including, without limitation, SPECIAL, incidental OR consequential damages, personal injury/wrongful death, lost profits, property damage, or damages resulting from lost data or business interruption) arising in tort, contract, or otherwise, that RELATE TO the site or any materials, SERVICES, DATA OR INFORMATION contained OR OFFERED therein, even if there is negligence or DVS or a DVS representative has been advised of the possibility of such damages, or both. FURTHER, DVS’s total liability to you for all losses, damages, and causes of action, whether in contract, in tort (including without limitation, negligence), or otherwise, will not IN ANY EVENT EXCEED THE GREATER OF (A) the AGGREGATE amount you paid to access the Site DURING THE IMMEDIATELY-PRECEDING 12 MONTH PERIOD AND (B) $100.00. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
DVS may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use DVS's goods or services as obtained through the Site at any time and in its sole discretion without prior notice. Your right to use the Site, any services provided on the Site, and/or the license to use DVS's goods or services as obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:
1. Using the Site for any purpose in violation of local, state, national, or international laws;
2. Using material that infringes on the intellectual property rights of DVS or others or on the privacy or publicity rights of DVS or others;
3. Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DVS in its sole discretion;
4. Distributing viruses or other harmful computer code;
5. Taking any action that interferes with the use or functionality of the Site;
6. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of DVS, exposes DVS or any of its customers or suppliers to any liability or detriment of any type.
7. More than one person using a unique user account on the Site without DVS's written permission.
In addition, DVS shall have the right, but not the obligation, to suspend or terminate your account at any time in the event DVS has any reason to believe, in its sole discretion (whether by reviewing its daily login tracker, reviewing its IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised.
You agree to defend, indemnify, and hold DVS, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys' fees, resulting from, or alleged to result from, (a) your intentional or unintentional violation of these Terms and Conditions or (b) your use of the Site, including the Submissions.
JURISDICTION AND VENUE
You expressly agree that exclusive jurisdiction for any dispute with DVS, or in any way relating to your use of the Site or these Terms and Conditions, lies in the federal and state courts serving Hillsborough, North Carolina, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving DVS. These Terms and Conditions are governed by the laws of the State of North Carolina, without respect to its conflict of laws principles.
INTELLECTUAL PROPERTY INFORMATION AND POLICY
Delivery Value System and the Delivery Value System works are the intellectual property of Delivery Value System, LLC. All other intellectual property on the Site are the property of the respective intellectual property rights owners.
You may not use, post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to DVS or others without obtaining the prior written consent of the owner of such rights. DVS will remove any content or information from the Site which it in good faith believes to infringe the intellectual property rights of others upon receipt of proper notification to DVS by such right-holder.
DVS reserves the right to refuse any order placed on the Site. DVS may, in its sole and absolute discretion, limit or cancel quantities of any order for any reason. In the event DVS changes or cancels your order, DVS will attempt to notify you by sending you an e-mail and/or contacting you via the billing address/phone number provided at the time your order was made. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of and Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Questions or comments regarding the Site should be directed by electronic mail to Contact us through this link or via U.S. mail to Delivery Value System, LLC, 217 Intern Way, Durham, NC 27713