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Terms of Use

Agreement to Terms

These Terms of Use (“Terms”) form a legally binding contract between you, whether acting personally or on behalf of a business entity (“you”), and [Delivery Made Simple] (“Company,” “we,” “us,” or “our”), regarding your access to and use of the website, mobile application, and any related services, features, or platforms that link to these Terms (collectively, the “Site”). By visiting, accessing, or using the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and must immediately discontinue use.

We reserve the right, in our sole discretion, to revise, modify, or replace these Terms at any time and for any reason. Any changes will be effective immediately upon posting the updated Terms on the Site, and you waive any right to receive specific notice of each update. You are responsible for reviewing these Terms regularly to stay informed of any modifications. Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes.

The information and services made available through the Site are not intended for distribution to or use by any individual or entity in any jurisdiction or country where such use would violate laws or regulations, or where we would be required to register or obtain licenses. If you access the Site from outside the United States, you do so at your own risk and are solely responsible for complying with your local laws.

The Site is intended for use only by individuals who are at least 18 years old. By using the Site, you represent and warrant that you meet this minimum age requirement and that you are legally able to enter into these Terms. If you are under 18, you must not register for, access, or use the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site, including but not limited to all source code, databases, software, website designs, audio, video, text, photographs, graphics, interfaces, and all other elements contained within the Site (collectively, the “Content”), as well as all trademarks, service marks, and logos displayed therein (the “Marks”), are owned by or licensed to [Delivery Made Simple] and are protected under applicable copyright, trademark, and intellectual property laws in the United States and abroad.

No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our prior express written consent.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site, and to download or print portions of the Content solely for your own personal, non-commercial use. This license does not permit:

  1. Any resale or commercial use of the Site or its Content.
  2. The collection or use of any product listings, descriptions, or prices for commercial purposes.
  3. Any derivative use of the Site or its Content.
  4. The use of data mining, robots, or similar data gathering or extraction tools.
  5. Any use of the Site or Content for purposes that compete with our business.

All rights not expressly granted to you in these Terms remain the exclusive property of [Delivery Made Simple] and its licensors. Any unauthorized use of the Site, Content, or Marks will automatically terminate the license granted herein and may violate applicable laws.

User Representations

By using the Site, you represent and warrant that:

  1. Accuracy of Information – All information you submit during registration, in communications with us, or in any use of the Site is truthful, current, and complete. You agree to keep this information accurate and updated at all times.
  2. Legal Capacity – You have the legal authority and capacity to enter into these Terms and to comply with all of your obligations hereunder.
  3. Age Requirement – You are at least 18 years old. The Site is not intended for individuals under the age of 18, and by using it you affirm that you meet this requirement.
  4. Jurisdictional Compliance – You are not accessing the Site from a jurisdiction where its use is prohibited by applicable law, rule, or regulation.
  5. Lawful Use – You will not use the Site for any illegal or unauthorized purpose, nor will you use the Site in violation of any applicable laws, rules, or regulations.

If we determine, in our sole discretion, that any information you provide is false, misleading, outdated, incomplete, or otherwise violates these Terms, we reserve the right to suspend or terminate your account and refuse any current or future use of the Site, without liability to you.

User Registration

You may be required to create an account to access certain features or services offered on the Site. By registering, you agree to:

  1. Account Information – Provide accurate, complete, and current information as requested during the registration process. You are solely responsible for ensuring that your account details remain correct and updated.
  2. Account Security – Maintain the confidentiality of your login credentials, including your username and password, and restrict access to your account. You agree that you are fully responsible for all activity conducted under your account, whether authorized by you or not.
  3. Unauthorized Use – Notify us immediately if you suspect or become aware of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to protect your login information or from unauthorized use of your account.
  4. Prohibited Accounts – We reserve the right, at our sole discretion, to refuse registration, suspend, or terminate accounts that use offensive, obscene, misleading, or otherwise inappropriate usernames, or accounts that violate these Terms.

You acknowledge that your account is personal to you and may not be transferred, sold, or assigned to any other person or entity without our prior written consent.

Fees and Payment

We reserve the right to charge fees for certain services or features provided through the Site. By using our services, you agree to pay all applicable fees and charges in accordance with the prices, billing terms, and payment requirements in effect at the time of your purchase.

  1. Payment Authorization – You agree to provide current, complete, and accurate payment and billing information for all purchases made through the Site. By submitting payment information, you authorize us (or our designated third-party payment processor) to charge your chosen payment method for the full amount due, including applicable taxes and fees.
  2. Billing Responsibility – You are responsible for all charges incurred under your account, regardless of whether they were made by you or by another person with or without your permission.
  3. Non-Refundable Charges – All payments are final and non-refundable once services have been initiated or dispatched. If a delivery is canceled after scheduling but before completion, we may, at our discretion, charge a cancellation fee of up to fifty percent (50%) of the quoted delivery price.
  4. Late Payments – Any amounts not paid when due may accrue interest at a rate of three percent (3%) per month (or the maximum amount permitted by law, if lower), beginning from the date payment was due until paid in full. You agree to reimburse us for all reasonable costs incurred in collecting overdue amounts, including attorneys’ fees and collection agency expenses.
  5. Price Modifications – Prices and fees for services are subject to change at any time. Any changes will be posted on the Site and will apply to future transactions. Continued use of the Site following the posting of updated fees constitutes your agreement to the new pricing.
  6. Third-Party Payment Processors – We may use third-party vendors to process payments. By submitting your payment information, you agree to comply with the terms and policies of such third-party processors. We are not responsible for any errors, security breaches, or actions of these processors.

By purchasing or using any services through the Site, you acknowledge and agree to these payment terms in full.

Delivery Disclaimer

While we strive to complete all deliveries in a timely and efficient manner, all delivery dates, times, and estimates provided through the Site, by our representatives, or by our drivers are approximate and not guaranteed.

  1. No Guarantee of Timing – We do not warrant or represent that deliveries will arrive at a specific time. All delivery times are estimates only and may vary due to traffic conditions, weather, route changes, operational delays, or other factors beyond our control.
  2. No Binding Statements – Any verbal or written statements made by our drivers, contractors, or representatives regarding delivery timing or completion are not binding commitments on behalf of the Company.
  3. Delays and Missed Deliveries – We will not be held liable for any delay, missed delivery, or failure to perform that results from circumstances beyond our reasonable control, including but not limited to accidents, vehicle breakdowns, inclement weather, natural disasters, labor disputes, or governmental actions.
  4. Customer Responsibility – It is your responsibility to ensure that you or your designated recipient is available at the delivery location during the scheduled time window. If a delivery cannot be completed due to the absence of an authorized recipient, inaccurate address information, lack of access, or other customer-related issues, additional fees may apply, and the delivery may be rescheduled at our discretion.
  5. Limitation of Liability – By using our delivery services, you expressly acknowledge and agree that we shall not be liable for any losses, damages, or expenses (including but not limited to lost profits, business interruptions, or consequential damages) arising out of or related to delays, failed deliveries, or deviations from estimated delivery times.

By scheduling or requesting delivery services through the Site, you accept and agree to the risks associated with potential delays and the limitations of liability described in this section.

Prohibited Activities

You may only use the Site for lawful purposes and in accordance with these Terms. You agree not to engage in any activity that violates applicable law or interferes with the proper operation of the Site. Specifically, you agree that you will not:

  1. Commercial Misuse – Use the Site or its Content for any unauthorized commercial purpose, including but not limited to advertising, solicitation, or resale, without our express written consent.
  2. Data Extraction – Collect, harvest, or otherwise obtain information about other users, accounts, or the Site itself, including by using automated systems such as bots, spiders, scrapers, or crawlers, without our prior authorization.
  3. Intellectual Property Violations – Copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any portion of the Site, Content, or Marks without our prior written permission.
  4. Malicious Conduct – Upload, transmit, or distribute any material that contains viruses, worms, malware, spyware, or other harmful code intended to disrupt, damage, or interfere with the operation of the Site, our systems, or the experience of other users.
  5. System Interference – Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, its servers, databases, or networks, including through hacking, password mining, or other unlawful methods.
  6. Deceptive Behavior – Impersonate another person or entity, misrepresent your affiliation with any individual or organization, or attempt to disguise the origin of your communications or content transmitted through the Site.
  7. Harassment and Abuse – Use the Site to harass, threaten, abuse, defame, stalk, or otherwise harm any person, including our employees, contractors, or other users.
  8. Unlawful Use – Use the Site in a manner that violates any applicable federal, state, local, or international law or regulation, including those related to data protection, intellectual property, privacy, or courier operations.
  9. Competitive Use – Use the Site or any Content to develop, support, or operate a competing business, platform, or service without our prior written approval.
  10. Other Prohibited Conduct – Engage in any activity that restricts, interferes with, or prevents others from fully using or enjoying the Site, or that, in our sole discretion, may expose us or our users to liability or reputational harm.

We reserve the right to investigate and take appropriate legal action against any user who violates this section, including suspending or terminating accounts, removing content, and cooperating with law enforcement authorities.

User Generated Contributions

The Site may allow you to post, submit, or transmit content such as comments, reviews, ratings, suggestions, photos, videos, or other materials (collectively, “Contributions”). By providing Contributions on or through the Site, you agree to the following:

  1. Ownership and Rights Granted – You represent and warrant that you own or otherwise control all rights in and to your Contributions and that posting them does not infringe on the rights of any third party. By submitting Contributions, you grant us an irrevocable, worldwide, royalty-free, perpetual, transferable, and sublicensable license to use, reproduce, display, distribute, publish, perform, adapt, translate, create derivative works from, and otherwise exploit your Contributions in any format or medium for any purpose related to our business.
    • Content Standards – You agree that your Contributions will not:
      Contain false, inaccurate, or misleading information.
    • Include offensive, abusive, obscene, defamatory, libelous, harassing, or threatening language.
    • Promote violence, discrimination, hatred, or unlawful activity.
    • Infringe any intellectual property, privacy, publicity, or contractual rights of others.
    • Contain spam, unauthorized commercial solicitations, or links to third-party sites unrelated to the review.
  2. Review Guidelines – Reviews must reflect your genuine experience with our services. Submitting fabricated reviews, offering incentives in exchange for positive reviews, or attempting to manipulate ratings is strictly prohibited.
  3. Monitoring and Removal – We may, but are not obligated to, monitor, screen, edit, or remove Contributions at our sole discretion if we believe they violate these Terms or are otherwise objectionable. We are not obligated to store or maintain any Contributions and may delete them without notice.
  4. Liability Disclaimer – You are solely responsible for your Contributions and agree to indemnify us against any claims, damages, or losses arising from or related to your submissions. We assume no liability for any statements, opinions, or content posted by you or other users.

By posting Contributions, you understand and agree that they may be visible to other users of the Site and potentially to the public, and that we are under no obligation to keep such Contributions confidential.

Mobile Application License

If you access the Site via a mobile application provided by [Delivery Made Simple] (the “App”), the following terms apply:

Use License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  1. Install and Use – Download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use.
  2. Access – Access and use the App to interact with the Site and its services in accordance with these Terms and any applicable usage guidelines.
Restrictions

You may not, and agree not to:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
  2. Modify, adapt, translate, create derivative works from, or otherwise alter the App or any of its features.
  3. Remove, obscure, or alter any proprietary notices, including copyrights, trademarks, or other legal notices.
  4. Use the App to operate a commercial service, create a competing product, or generate revenue in any way not expressly authorized by us.
  5. Make the App available over a network or environment that allows multiple users to access it simultaneously.
  6. Use the App to send unsolicited communications or to automate queries to any website.
  7. Exploit proprietary information, interfaces, or intellectual property contained in the App for the development or distribution of unauthorized applications, devices, or services.
App Store / Play Store Terms

When accessing the App via a third-party distributor (e.g., Apple App Store or Google Play):

  1. Compliance with Distributor Rules – You must comply with all terms and conditions of the relevant App Distributor.
  2. Maintenance and Support – We are solely responsible for providing maintenance and support for the App, if any, while the App Distributor has no obligation to provide maintenance, support, or updates.
  3. Warranties and Remedies – If the App fails to conform to applicable warranties, you may notify the App Distributor, who may refund your purchase if applicable. To the fullest extent permitted by law, the App Distributor will have no further liability.
  4. Third-Party Beneficiary – App Distributors are third-party beneficiaries of these Terms and may enforce any provision against you as a third-party beneficiary.

By using the App, you acknowledge and agree to all limitations, obligations, and rights described above, in addition to the remainder of these Terms of Use.

Submissions

You may from time to time provide feedback, suggestions, ideas, questions, or other information related to the Site, services, or business operations (“Submissions”). By providing Submissions, you agree to the following terms:

  1. Non-Confidential – All Submissions are considered non-confidential and non-proprietary. You acknowledge that once submitted, we are free to use, disclose, reproduce, modify, distribute, or otherwise exploit these Submissions for any lawful purpose, commercial or otherwise, without obligation to you.
  2. Ownership Rights – You represent and warrant that you either own the rights to the Submissions or have the necessary rights and permissions to provide them. Upon submission, you grant us an irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use the Submissions in any manner we deem appropriate.
  3. No Compensation – You understand and agree that you will not receive any compensation, credit, or acknowledgment for your Submissions, and that we may use your Submissions in whole or in part, without restriction.
  4. Warranty of Originality – You warrant that Submissions are original to you, do not infringe the rights of any third party, and do not violate any applicable law or regulation.
  5. Waiver of Moral Rights – You hereby waive all moral rights or equivalent rights you may have in connection with the Submissions and agree not to assert any claims in relation to their use by us.
  6. Indemnification – You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, or expenses arising out of or relating to your Submissions, including any alleged infringement of intellectual property rights or violation of applicable law.

By submitting feedback, suggestions, or other information, you acknowledge that we have no obligation to review, respond to, or otherwise use your Submissions, but that we may do so at our sole discretion.

Site Management

We maintain full discretion over the operation, monitoring, and management of the Site. By using the Site, you acknowledge and agree that we may, at our sole discretion, take the following actions:

  1. Monitoring – Monitor the Site for violations of these Terms of Use or applicable law, including user activity and posted content.
  2. Legal Action – Pursue legal remedies against any user who, in our judgment, violates these Terms or applicable laws. This may include reporting violations to law enforcement authorities or initiating civil or criminal actions.
  3. Access Control – Restrict, suspend, or terminate your access to the Site, in whole or in part, without prior notice, if we determine that you have violated these Terms or engaged in conduct that could harm the Site, our business, or other users.
  4. Content Removal – Remove, disable, or restrict access to Contributions, submissions, or other content that we, in our sole discretion, consider inappropriate, excessive, or burdensome to the operation of the Site.
  5. Site Maintenance – Manage the Site to ensure proper functionality, security, and integrity of its systems, servers, and networks. This may include removing files or content that interfere with performance or usability.
  6. Technology and Security – Implement measures designed to prevent unauthorized access, abuse, or other activities that could threaten the safety or operation of the Site.
  7. No Obligation – We are not obligated to monitor or manage user activity or content on the Site, and we are not liable for any action taken in good faith to enforce these Terms or manage the Site.

By continuing to use the Site, you acknowledge our right to manage, modify, or remove content and control access at our sole discretion to protect our rights, the Site’s functionality, and the interests of our users.

Privacy Policy

Your privacy and the security of your personal information are important to us. By using the Site, you acknowledge and agree to the terms of our Privacy Policy, which is incorporated into these Terms of Use by reference. Please review it in full here: Privacy & Policy.

  1. Data Collection – We may collect information you provide directly to us (e.g., account registration, submissions, orders) and information collected automatically through your use of the Site (e.g., IP address, device type, browsing activity).
  2. Use of Data – Your information may be used to provide and improve our services, communicate with you regarding transactions or updates, analyze Site usage, prevent fraud, and comply with legal obligations.
  3. Data Sharing – We do not sell your personal information. We may share information with service providers, business partners, or legal authorities when necessary to provide services, comply with the law, or protect our rights and property.
  4. International Transfers – The Site is hosted in the United States. By using the Site from other countries, including the European Union or Asia, you consent to the transfer of your data to the United States, where privacy protections may differ from your local jurisdiction.
  5. Children’s Privacy – We do not knowingly collect information from children under the age of 13. If we learn that a child under 13 has provided personal information without verifiable parental consent, we will delete that information promptly, in accordance with the U.S. Children’s Online Privacy Protection Act.
  6. Security Measures – We employ reasonable technical, administrative, and physical safeguards to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
  7. User Responsibility – You are responsible for maintaining the confidentiality of any account information and for any activity that occurs under your account.

By using the Site, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy.

Term and Termination

These Terms of Use remain in full effect for as long as you access or use the Site. We reserve the right, at our sole discretion, to terminate or suspend your access to the Site at any time and for any reason, with or without notice, including but not limited to:

  1. Violation of Terms – Breach of any representation, warranty, or covenant contained in these Terms, or violation of any applicable law or regulation.
  2. Unauthorized Use – Engaging in prohibited activities, including any actions that may harm the Site, our business, or other users.
  3. Account Misuse – Attempting to create multiple accounts, impersonate another person, or circumvent restrictions imposed by us.

Upon termination or suspension:

  • You are prohibited from registering or creating a new account under your name, a false identity, or a third-party identity.
  • We may delete your account, contributions, and any content associated with your account without prior notice.
  • We reserve the right to pursue any legal or equitable remedies, including civil, criminal, or injunctive actions, to protect our rights and interests.

Termination of your access does not affect any rights or obligations accrued prior to termination, including any obligations to pay fees or comply with these Terms.

By continuing to use the Site, you acknowledge and agree that we have the right to enforce these provisions fully and without prior warning.

Modifications and Interruptions

We reserve the right to modify, update, suspend, or discontinue all or any part of the Site, its features, content, or services at any time, with or without notice, and without liability to you or any third party.

  1. Content Changes – We may change, remove, or update information on the Site, including text, images, functionality, or services, to correct errors, improve usability, or for any other reason at our discretion.
  2. Service Suspension – The Site may be temporarily or permanently unavailable due to maintenance, updates, technical issues, or other circumstances beyond our control.
  3. No Liability for Interruptions – We are not liable for any loss, damage, inconvenience, or inability to access or use the Site during interruptions, maintenance periods, or discontinuances of service.
  4. No Obligation to Update – We are not obligated to provide updates, corrections, or new features for the Site, and you acknowledge that continued use of the Site is at your own risk.
  5. Operational Discretion – We may modify, suspend, or discontinue access to any portion of the Site, features, or services for security, legal compliance, or operational reasons, without notice or liability.

By using the Site, you agree that we have the right to manage, modify, or suspend any aspect of the Site in our sole discretion, and that we are not responsible for any consequences resulting from such actions.

Governing Law

These Terms of Use, and your use of the Site, shall be governed by and interpreted in accordance with the laws of the State of Georgia, without regard to any conflict of law principles.

  1. Applicable Law – Any disputes arising from or relating to these Terms or your use of the Site shall be adjudicated under Georgia law, as if the agreement were fully executed and performed within the State of Georgia.
  2. Exclusion of Certain Laws – The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) is expressly excluded.
  3. Jurisdiction and Venue – By using the Site, you consent to the exclusive jurisdiction and venue of state and federal courts located in Dekalb County, Georgia, for any matters not subject to binding arbitration, and waive any objections based on personal jurisdiction or forum non conveniens.
  4. Consistency of Enforcement – You agree that these Terms will be interpreted consistently with Georgia law, and that any ambiguities will not be construed against us as the drafter.

Dispute Resolution

To minimize costs and resolve conflicts efficiently, any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of the Site (each a “Dispute”) shall be resolved as follows:

  1. Informal Negotiations – Before pursuing formal legal action, you and we (collectively, the “Parties”) agree to attempt in good faith to resolve any Dispute informally for a minimum of thirty (30) days. Negotiations begin when one Party provides written notice of the Dispute to the other Party.
  2. Binding Arbitration – If informal negotiations fail, any unresolved Dispute (except those specifically excluded below) shall be finally resolved through binding arbitration, which means you give up the right to a court trial, including a jury trial.
    • Rules – Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer Related Disputes, if applicable.
    • Location – The arbitration shall occur in Dekalb County, Georgia, unless otherwise mutually agreed.
    • Arbitrator Authority – The arbitrator shall follow applicable law, decide all claims, and issue a written award, which may be enforced in any court of competent jurisdiction.
    • Costs – Arbitration fees and your share of the arbitrator’s compensation will be governed by AAA rules and may be limited as provided therein.
    • No Class Actions – Arbitration will be conducted on an individual basis; class arbitration or consolidation with other claims is not permitted.
  3. Court Actions – If a Dispute is not subject to arbitration (e.g., intellectual property claims, theft, privacy violations, or injunctive relief), you and we agree that it shall be resolved exclusively in the state or federal courts located in Dekalb County, Georgia. You consent to the personal jurisdiction of these courts and waive any objection based on venue.
  4. Time Limitation – No claim or dispute may be brought more than one (1) year after the event giving rise to the claim.
  5. Exceptions to Arbitration and Negotiation – The following types of Disputes are not subject to informal negotiation or arbitration:
    • Intellectual property disputes.
    • Allegations of theft, piracy, invasion of privacy, or unauthorized use.
    • Requests for injunctive relief.

By using the Site, you acknowledge and agree to comply with these dispute resolution procedures and to resolve all disputes according to this framework, except where otherwise prohibited by law.

Corrections

While we strive for accuracy, the Site may contain typographical errors, inaccuracies, or omissions, including pricing, descriptions, availability, or other information. We reserve the right, at our sole discretion, to:

  1. Correct any errors, inaccuracies, or omissions.
  2. Update or modify information on the Site at any time, without prior notice.
  3. Remove or adjust content that may be misleading, outdated, or otherwise incorrect.

By using the Site, you acknowledge that we are not responsible for the accuracy or completeness of any information and that reliance on such information is at your own risk.

Disclaimer

THE SITE AND ALL CONTENT PROVIDED THEREIN ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:

  1. Accuracy and Completeness – We make no guarantees regarding the correctness, reliability, or completeness of any content on the Site or linked websites.
  2. Fitness for Purpose – We provide no warranty that the Site or its content is suitable for your specific purposes.
  3. Non-Infringement – We do not warrant that your use of the Site will not infringe upon any rights of third parties.
  4. Availability – We make no guarantee that the Site will be uninterrupted, error-free, or free of viruses, malware, or other harmful components.
  5. Third-Party Content – We do not endorse or guarantee any products, services, or content offered by third parties linked or referenced on the Site.

You agree that your use of the Site and its services is at your own risk, and that we are not liable for any damages, losses, or inconveniences that may result from your access or reliance on the Site.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER WE, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This includes, without limitation:

  1. Loss of Profits or Revenue – Any lost business opportunities, profits, or income.
  2. Loss of Data – Any loss, corruption, or unauthorized access to data or information transmitted or stored through the Site.
  3. Interruption or Inaccessibility – Any downtime, delays, or inability to access or use the Site.
  4. Viruses or Malware – Any damage caused by viruses, Trojan horses, spyware, or other harmful components obtained through the Site or third-party links.
  5. Errors or Omissions – Any inaccuracies, mistakes, or omissions in Site content or materials.

Notwithstanding the above, our total liability to you for any claims arising out of or relating to the Site shall be limited to the amount you paid us, if any, during the one (1) month period immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If such laws apply to you, certain limitations in this section may not apply, and you may have additional rights under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Delivery Made Simple, including our subsidiaries, affiliates, officers, directors, employees, agents, and partners (collectively, the “Indemnified Parties”), from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. Your Use of the Site – Any actions or conduct in connection with your access to or use of the Site.
  2. Breach of Terms – Any violation or breach of these Terms of Use, including representations, warranties, or obligations.
  3. Third-Party Rights – Any infringement or violation of intellectual property rights, privacy rights, or other rights of a third party caused by your actions.
  4. Harm to Other Users – Any claim arising from harmful acts toward other users with whom you interact via the Site.

We reserve the right, at our sole discretion and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to fully cooperate with us in the defense of any such claims at your expense. We will make reasonable efforts to notify you promptly of any claim, action, or proceeding for which indemnification may be sought.

Force Majeure

Delivery Made Simple shall not be held liable for any delay, failure, or inability to perform its obligations under these Terms of Use or deliver services due to causes beyond its reasonable control. Such causes include, but are not limited to:

  1. Natural Events – Acts of God, floods, fires, earthquakes, storms, or other natural disasters.
  2. Human-Caused Events – Wars, terrorism, riots, civil disturbances, or acts of governmental authorities.
  3. Operational Disruptions – Strikes, labor disputes, shortages of transportation, fuel, energy, materials, or workforce.
  4. Technical Failures – Failures of network infrastructure, hardware, software, or other technological systems.
  5. Unforeseen Circumstances – Any other event or condition beyond our reasonable control that prevents or delays performance.

In the event of a force majeure, our obligations are suspended for the duration of the delay or interruption, and we shall not be liable for any resulting loss, damage, or inconvenience to you or any third party.

User Data

We may collect, store, and maintain certain information and data you transmit to the Site for purposes including, but not limited to, managing Site performance, improving user experience, and facilitating transactions.

  1. User Responsibility – You are solely responsible for any data you transmit or create using the Site. You acknowledge that we are not responsible for loss, corruption, or unauthorized access to such data.
  2. Data Backups – Although we perform routine backups of Site data, you agree that you are ultimately responsible for maintaining your own copies of important information.
  3. No Liability – We shall not be liable for any loss, destruction, or corruption of data, or for any consequences resulting from the loss of data, including financial loss or inconvenience.

By using the Site, you waive any claims against us arising from the loss, corruption, or compromise of any data you provide or create through the Site.

Electronic Communications, Transactions, and Signatures

By visiting the Site, submitting information, sending emails, or completing online forms, you consent to engage in electronic communications with us. Such communications satisfy any legal requirement that certain communications be in writing.

  1. Electronic Consent – You agree to receive communications from us electronically, including agreements, notices, disclosures, and transactional records.
  2. Electronic Signatures – You consent to the use of electronic signatures, records, and contracts for all transactions and agreements conducted via the Site.
  3. Validity of Electronic Records – You waive any requirement for physical delivery or retention of non-electronic records, and you acknowledge that electronic transactions are legally binding.
  4. Compliance – All notices, agreements, and other communications sent via email or posted on the Site constitute legally valid and enforceable electronic communications under applicable law.

By using the Site, you acknowledge and agree that your electronic interactions with us are legally valid and binding, and that you will not contest the enforce-ability of electronic signatures or records.

California Users and Residents

If you are a California resident and have a complaint regarding the Site or our services that is not satisfactorily resolved through our internal processes, you may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs:

This information is provided to ensure that California residents have access to state-level consumer assistance in accordance with applicable California laws and regulations.

Miscellaneous

  1. Entire Agreement – These Terms of Use, together with any policies or rules posted on the Site, constitute the complete and exclusive agreement between you and Delivery Made Simple regarding your use of the Site.
  2. No Waiver – Our failure to enforce or exercise any right or provision of these Terms shall not constitute a waiver of that right or provision.
  3. Severability – If any provision or portion of a provision in these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
  4. Assignment – We may assign, transfer, or delegate our rights and obligations under these Terms at any time without notice.
  5. Force Beyond Control – We are not responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.
  6. Relationship of Parties – Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.
  7. Interpretation – These Terms shall not be construed against us merely because we drafted them. You waive any defenses based on the electronic form of these Terms or the lack of a signed agreement.
  8. Governing Law Applicability – These Terms operate to the fullest extent permitted by applicable law.

Contact Us

If you have any questions, concerns, or complaints regarding the Site, these Terms of Use, or any related services, you may contact us using the following information:

We will make reasonable efforts to respond to inquiries and address complaints promptly. This contact information may also be used to provide you with support, clarification, or updates related to your use of the Site.