DELIVERX TERMS AND CONDITIONS OF USE

Effective Date:  June 1, 2020

THESE TERMS AND CONDITIONS GOVERN THE RELATIONSHIP BETWEEN Extech INC. AND INDIVIDUALS USING THE “DELIVERX” APP TO RECEIVE ROUTE PLANNING, NAVIGATION AND RELATED SERVICES.

Acceptance. By accessing or using the DeliverX App, you agree to be bound by these terms and conditions of use (“Terms and Conditions”). These Terms and Conditions are issued by Extech Inc. with respect to itself and its affiliates. These Terms and Conditions affect your legal rights and obligations. Use of the website or the App constitutes your acceptance of these Terms and Conditions and the Privacy Policies. If you do not agree to be bound by all of these Terms and Conditions, do not access or use the App. 

Fees. There are no fees assessed by DeliverX for individual users of the App.  You are responsible for any fees associated with the device where the App is hosted, including without limitation any applicable mobile, data or Internet charges. ExTech reserves the right to introduce a nominal fee or subscription plan to cover the costs of the App at any point later in the future.

Compliance with Laws. You hereby agree to comply with all applicable laws in connection with your use of the App, including but not limited to laws concerning export controls and infringement.

License. Subject to your compliance with these Terms and Conditions, ExTech grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the App. This license does not include any resale or commercial use of the website or App, or its contents; all rights not expressly granted to you in these Terms and Conditions are reserved and retained by ExTech, or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted by DeliverX terminate if you do not comply with these Terms and Conditions. You shall have only a limited, non-exclusive, nontransferable license to use the App.  You acknowledge and agree that you will not use the App or use it for any purpose that is illegal.    You shall not translate, disassemble, reverse engineer, decompile, or decode the App or any part thereof, or otherwise attempt to determine source code or protocols from the App.

Ownership Rights. You acknowledge and agree that EXTECH INC. owns and retains through the term hereof all right, title and interest in and to the website, the App and all related documentation, including without limitation any and all copyrights, patents, trade secrets, trademarks and other intellectual and proprietary property rights therein.  You agree not to use EXTECH’s trademarks or other business names for any purpose or to take any actions which are harmful to or inconsistent with EXTECH’s rights in their respective trademarks, service marks and trade names.  You will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks or other intellectual or proprietary property rights on account of these Terms and Conditions or on account of your use of the App, even if suggestions or feedback made by you are incorporated into subsequent versions of the website or the App. You hereby grant EXTECH INC.  a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such suggestions or feedback, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

LIMITATION OF LIABLITY. EXTECH MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP OR ANY OTHER CONFIDENTIAL INFORMATION AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  EXTECH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. IN NO EVENT WILL EXTECH BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR BUSINESS INTERRUPTION AND THE LIKE OR FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP EVEN IF EXTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU SHALL INDEMNIFY, DEFEND AND HOLD EXTECH HARMLESS FROM ANY CLAIM, LIABILITY, DAMAGE, EXPENSE, OR DEMAND, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS AND CONDITIONS OR YOUR UNAUTHORIZED USE OF THE APP.

Applicable Law. These Terms and Conditions are to be governed by, construed and enforced according to the laws of the State of New Jersey.  You consent to the jurisdiction of the state and federal courts in New Jersey for the purposes of any suit, action or other proceeding related to these Terms and Conditions or with respect to the use of the App, and expressly waives any and all objections you may have as to the venue of such courts to settle or adjudicate any claim or controversy arising hereunder, with respect to any transaction contemplated hereby.  

Assignment. You may not assign, transfer or sublicense these Terms and Conditions without the prior written consent of Extech. These Terms and Conditions shall be binding upon and inure to the benefit of the user and Extech and their respective heirs, administrators, successors and assigns. 

Entire Agreement and Modifications. These Terms and Conditions terminate and supersede all prior understandings or agreements on the subject matter hereof.  Extech may, in its sole discretion, change, modify, add or remove any portion of these Terms and Conditions at any time and without prior notice (except as may be otherwise required by law), and any changes will become effective and binding upon you after being posted to the App or otherwise provided to you if required by law.  When we do so, we will list the last updated date at the beginning of the statement.  We encourage you to periodically review these Terms and Conditions to stay informed regarding the terms of use of our website and the App, and about how we collect, use and share personal information.

Notice. You may contact or provide notice to Extech at admin@extech-ideas.com. We may communicate with you on the Deliverx website, email or through the App. Such communication shall constitute notice.

Electronic Documents. This electronic document, and all other electronic documents referred to or incorporated herein, will be deemed to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and legally enforceable as a signed agreement. 

Force Majeure. DeliverX will not be deemed to be in breach of these Terms and Conditions or liable for any breach of these Terms and Conditions or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Third Party Functionality.  From time to time, Extech may offer certain third-party functionality in connection with the App including, without limitation, phone calling and text messaging and video calling and chat messaging. Such functionality will be made available on such terms as the third-party provider may require, and in accordance with their privacy policies.

Confidentiality. Your personal information will be kept confidential in accordance with privacy laws and will not be released without your written permission except as described in these Terms and Conditions. 

Security.  Our website and the App have security measures in place to try to protect against the destruction, loss, misuse and alteration, unauthorized disclosure or access of the information under our control.  

Personal Information and Privacy Policy.   In these Terms and Conditions, “personal information” means any information about an identifiable individual, such as your name, e-mail address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically or we collect on, about, or from you through the website and App and any other information that identifies you. Personal Information will be used by Extech in accordance with these Terms and Conditions.

You can visit our website without telling us who you are or revealing any personal information about yourself. Sometimes we may seek information from you, about yourself or someone you know, such as name, email address and/or home address. We will let you know before we collect such personal information from you and get your consent to process such information where required. By using our website and the App, you consent to our collection, use, disclosure, transfer and processing of personal data in accordance with these Terms and Conditions.  

Information We Collect From You.  We collect personal information of website visitors when you visit our Sites or via on-line forms, for example, when you sign up to receive news alerts from us or complete a form to request more information. We will notify you of such purposes at the time that we request to collect personal data from you.  

On occasion you may choose to provide us with personal data about other people so that, for example, we can contact them with information about us. You must only share their personal data with us if you have obtained their consent and permission to do so.

What do we do with the information we collect? The personal information we gather from your use of our App or provided by you may be used: 

• To provide you with information about our products, services, news and events.
• To analyze use of our services and products, develop new services and products, and customize our services. 
• To invite you to take part in our surveys. 
• To set up and otherwise manage your member account in our App.

Who do we share your personal information with?  We partner with other businesses to assist us in our marketing, communications, and sales efforts, and may share information about you for these purposes where you have given us consent to do so or where permitted by law. These partners are not allowed to use your information for any purpose other than doing business with Extech.  In addition, any information we collect, including personal information, may be disclosed as part of any merger, acquisition, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of our business assets.  We may also disclose personal information about you if we believe that doing so is legally required or is necessary to protect our property or other legal rights (including but not limited to enforcement of our agreements or the rights of property of others).

Links to Other Sites.  Our website and the App may contain links to other websites merely as a convenience.  Extech is not responsible for the privacy practices or the content of such other websites, and inclusion of links does not mean we endorse the information or company. This means that if you connect to another site through our website or the App, we are not responsible for and we cannot control what they do with your information.  Also, you may have the opportunity to share your information with other websites, such as social media sites. We may provide a convenient link to let you do this easily, but we are not responsible for and we cannot control their website or your posts/sharing. You are encouraged to review the privacy policies and information collection practices of these other websites and social media sites.

Marketing and Do Not Contact.  We may send you information about us from time to time if you have given us your consent (where required).  Extech provides you the opportunity to request to stop receiving marketing communications from us by withdrawing your consent. If you do not want to receive such communications from us, please tell us when we collect your information or write us at any time at the notice address listed above. Please allow us sufficient time to process your request.  Be aware that withdrawal of consent does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us, for example, if you sign up to receive news alerts from us.

Your Rights.  If you have rights concerning access, disclosure, amendment, or deletion (as determined by applicable law), you may contact us at the address or email listed above.