DIGITAL SOLUTIONS GROUP, INC. END-USER LICENSE & TERMS OF USE
Click "I Agree" button at bottom of page to accept these terms.
Last updated: October 01, 2018
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, CLICKING THE "I AGREE" BUTTON, ACTIVATING, ACCESSING OR OTHERWISE USING THE SERVICES.
This End-User License Agreement (this Agreement) is between You, the individual using the Services (defined below) and Digital Solutions Group, Inc. (DSG), a New York corporation, and governs your use of the Logistics Manager Pro website (the Site) and/or the Logistics Manager Pro mobile applications, the Logistics Manager Pro API (individually and collectively, the LMPro Software) and/or any applications made available by DSG (individually or together with the Site and/or the LMPro Software, the Services)
The Services are intended for use by individuals or entities that are either an employee or a subcontractor of a DSG client with a current contract (each an Authorized User). If You are an Authorized User, then you have a unique username and password (an Authorized User Account) to access the Services, which has been provided to You by a DSG client.
ACCEPTANCE OF TERMS
BY CLICKING THE "I AGREE" BUTTON, DOWNLOADING OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF USE AND OTHER CONDITIONS OF THIS AGREEMENT.
If you do not agree to the terms of use and other conditions of this Agreement, then do NOT click on the "I Agree" button and do not access or use the Services.
LICENSE
Subject to payment of the applicable fees by a DSG client and compliance with this Agreement by You, DSG grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Services strictly in accordance with the terms of this Agreement.
OWNERSHIP
The Services are owned or controlled by DSG. You agree that DSG owns all intellectual property rights in and to the Services including but not limited to all source and object code used therein or related thereto, trademarks, trade secrets, look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays, and any other proprietary rights associated therewith.
TERMS OF USE
a) In consideration of Your use of the Services, You agree to provide true, accurate, current and complete information as prompted, and maintain and update such information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or DSG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DSG may suspend or terminate Your use of the Services and/or decline to permit Your continued use of the Services and future access to the Services.
b) You are responsible for maintaining the confidentiality of the username and password associated with your Authorized User Account, and are responsible for all activities (whether by You or by others) that occur under Your password or Authorized User Account. You will notify DSG immediately of any unauthorized use of Your password or account or any other breach of security. DSG assumes no liability for any loss or damage arising from any unauthorized use of Your password or account by a third party.
c) DSG may automatically collect certain information about the computer or devices (including mobile devices) You use to access the Services when you use the Site or certain other Services. This information is collected passively through the use of certain electronic technologies, such as cookies, web beacons, pixels, clear GIFs, and similar technologies. As described further below, DSG may use third-party analytics providers and technologies, including cookies and similar tools, to assist in analyzing this information. As DSG adopts additional technologies, additional information may be gathered through other methods.
d) DSG will not resell Your personal information to third parties. However, if requested, DSG may share Your personal information and/or the information automatically collected about the computer or devices You use with certain governmental agencies and/or with the DSG client who pays for Your Authorized Used Account. DSG maintains reasonable administrative, physical and technical measures to protect the confidentiality and security of Your personal information. Unfortunately, no website is completely secure. Therefore, DSG cannot guarantee that Your personal information will not be disclosed, misused or lost by accident or by the unauthorized acts of others and DSG expressly disclaims all liability arising therefrom.
LIMITATIONS AND RESTRICTIONS
You will not, and You will not permit others to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party; b) modify, adapt or create derivative works of the Services; c) copy, reverse engineer, decompile, decrypt, disassemble or otherwise attempt to reconstruct, discover or derive the source code for the Services; d) make the functionality of the Services available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis; e) use the Services that is licensed for a specific device, whether physical or virtual, on another device; or f) remove, modify, or conceal any product identification, copyright, proprietary intellectual property notices or other marks on or within the Services.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by You or DSG. This Agreement will terminate immediately, without prior notice from DSG, in the event that You fail to comply with any provision of this Agreement. You may terminate this Agreement by deleting the Services and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Services and delete all copies of the Services from your mobile device or from your desktop.
LIMITED WARRANTY AND DISCLAIMER
a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE./p>
b) DSG DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT OR FEATURE OF THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR FUNCTION ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. DSG CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR OTHER HARMFUL COMPONENTS.
c) DSG DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DSG SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DSG FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
d) DSG reserves the right to do any of the following, at any time, without notice (except in instances where any of the following taking such action(s) without notice would contravene a current client contract): (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DSG, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES, LOSS OF USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF DSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. In no event shall DSG’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of one hundred dollars (U.S. $100.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. Note that some jurisdictions do not allow limitations of liability, so the foregoing limitations may not apply to you.
SEVERABILITY
If any provision of this Agreement 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.
AMENDMENTS TO THIS AGREEMENT
DSG reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will 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.
Contact Us
If you have any questions about this Agreement, please contact us at support@digsol.us.