EULA Agreement

The App provided herein is licensed, not sold, to You for use only under the terms of this License. The Licensor (Dude IP, LLC) reserves all rights not expressly granted herein. The product that is subject to this license is referred to in this license as the "Licensed Application".

PLEASE READ THIS AGREEMENT CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS, AND THE ONLINE PAGE(S) LOCATED AT https://deliverydudes.com/Tos/ (THE "APP") COLLECTIVELY GOVERN YOUR ACCESS AND USE OF ALL PROGRAMS, CODE, SERVICES AND INFORMATION (COLLECTIVELY, "CONTENT") AVAILABLE FROM LICENSOR, AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DUDE IP, LLC BY OBTAINING, USING OR PAYING FOR ANY CONTENT FROM GLOBAL APP, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE APPLICABLE TERMS, DO NOT OBTAIN OR USE ANY CONTENT FROM GLOBAL APP. YOU WILL BE ASKED TO REVIEW THE TERMS OF THE LICENSE. YOU ARE NOT AUTHORIZED TO PURCHASE A LICENSE FOR OR USE THIS APP UNLESS AND UNTIL YOU HAVE REVIEWED THE TERMS OF THIS LICENSE.

WHEREAS, Licensee is desirous of obtaining a non-exclusive, limited license to use the App for the purpose of learning about, accessing information on and/or obtaining DD services;

WHEREAS, Licensee is desirous of being able to utilize the App, services and related media for purposes related to Licensee's business; and

WHEREAS, Licensee is willing to grant such license under such rights in exchange for the consideration as set forth herein;

NOW THEREFORE, in consideration of the premises, the parties hereby agree as follows:

This License is a binding legal agreement between You and/or Your business (hereinafter "You" or "Licensee") and Dude IP, LLC, a Florida Limited Liability Corporation (hereinafter "DD", "We" or "Licensor") for the materials accompanying this License, including any program, software, code, content, information, associated media, printed materials and any online, digital or electronic documentation created or owned by DD (hereinafter the "App"). By purchasing or installing the App, You agree to be bound by the terms of this License. If You do not agree to the terms of this License, do not purchase, install, or attempt to use the App, or immediately uninstall the App and delete any copies of same from Your system(s) and any backups thereof.

1. Definitions

A. "App" shall include (a) all machine-readable code contained App, programs and documentation existing and owned by DD as of the Date of Execution as well as those obtained or created thereafter, including but not limited to (i)third party content that is sublicensed to Licensee; (ii) digital images, clip art, sounds or other artistic works ("Media Files"); (iii) related explanatory written, audio or digital materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, copies, improvements and/or future versions released during the term of this Agreement ("Upgrades").

1. Any specific aspect or element of the App may require Licensee to execute a new License Agreement; the terms of said License Agreement will supplant this Agreement, except for the clauses of this Agreement that survive termination of this Agreement.

B. "Use" or "Using" means to access, install, download, utilize, copy or otherwise enjoy or benefit from the functionality of the App.

C. "Agreement" means, collectively, the terms and conditions (i) herein; (ii) in the Terms of Use of the Apple Store which are incorporated into this Agreement by this reference; and (iii) provided by or set forth by any individual or specific third party a User requests/contracts/designates Dudes to perform services in connection with.

D. "User-Generated Content" means any text, images, videos, audio files, illustrations, diagrams, queries, formulas, source code, binary code or machine-readable code submitted by any user, including but not limited to You, directly to any deliverydudes.com email address or any other email address owned or controlled by DD or its designees, or in connection with or while using the App.

2. Grants and Licenses

The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The App is licensed, not sold. This License grants You the following rights:

A. You may install, use, access, display and run only one installation of the App, on a single computer, workstation, server or terminal ("Computer").

B. Make one copy of the App in machine-readable form, for nonproductive backup purposes only, provided that DD's proprietary legend is included.

C. Your license rights under this License are limited, non-exclusive, non-transferable and non-sublicensable", and You may not rent, lease, lend, sell, redistribute, or sublicense the licensed application, nor copy, decompile, reverse engineer, disassemble the App.

D. Content and information on the Delivery Dudes website and any Delivery Dudes app, as well as on the third-party sites used by Delivery Dudes to provide you with information, coupons, special deals and news, is owned by a wide range of parties, including Delivery Dudes, users who submit content like photos, videos and reviews, and the stores and restaurants we deliver from (the "Provided Content").

E. The App, including any updates, upgrades, modifications, revisions, and Documentation, are copyrighted materials, and may contain trade secrets of Global App or its DDs, who maintain exclusive right, title and interest in and to all App, and retain all rights not expressly granted by this Agreement. No title or ownership in any copyright, trademark, trade secret or other intellectual property right is transferred by DD to Licensee or any other party under this Agreement. Licensee shall not alter or remove any trademark, copyright or other proprietary rights notice in the App. Licensee shall not use the App for any other purpose. Licensee may not modify or reverse engineer any App not delivered in Source Format (the "binary materials"), nor may Licensee decompile, disassemble, or otherwise reduce the binary materials or any component thereof to human readable or non-binary form.

F. Reservation of Rights. DD reserves all rights related to the App that are not expressly conveyed to Licensee under this Agreement.

G. Licensee agrees that DD and its licensees may collect and use technical and personally identifying information, including location information, provided by Licensee, (i) as a part of Customer Support related to the System and (ii) to provide the services requested by Licensee.

H. This License may be modified by DD from time to time in writing, as provided for herein.

I. You shall not upload to, or distribute or otherwise publish in connection with or while using the APP any User-Generated Content that contains any unlawful, harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or are otherwise objectionable material. You acknowledge that any User-Generated Content submitted by You and/or Licensee's designees may be edited, removed, modified, published, transmitted, and displayed by DD and/or its designees and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You grant to DD a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the User-Generated Content, which includes without limitation the right for DD and/or any third party designated by DD, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. I. You acknowledge that any DD has no obligation to keep any User Generated Content submitted on, to or through the APP as confidential or in confidence.

J. DELIVERY DUDES, THE DUDES, the DD Logo design, DUDES and [insert slogans] are trademarks of Dude IP, LLC. Third party trademarks and/or trade names referenced herein are the trademarks or registered trademarks of their respective manufacturers in the United States and/or other countries. Dude IP, LLC is not associated or affiliated in any manner with the respective owners of such third party trademarks, trade names or service marks unless expressly stated otherwise.

3. Price and Payment

A. No payment is required to obtain a license to use the App. A fee, subscription or payment may be associated with and required in connection with the purchase of services or goods through, via, while using or otherwise in connection with the App.

B. Payments can be made in US dollars or using any other method or mode available at the time of purchase. User agrees to not request a chargeback or refund for any accurately delivered goods or correctly provided services without first dialoging with Delivery Dudes/Dude IP, LLC to attempt to resolve the situation.

C. Termination or expiration of this Agreement shall not excuse Licensee's obligation to make payments of sums due and payable pursuant to this or any other agreement between DD and Licensee at the time of any termination or expiration hereof.

D. When you accept our TOS and complete our sign-up process, you become a Delivery Dudes account holder. In order to create your Member Account you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Member Account. If you suspect or become aware of any unauthorized use of your Member Account You shall notify us via https://deliverydudes.com/Contact/ of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, payment or credit card information. You further acknowledge and agree that our delivery services are designed and intended for personal use on an individual basis and if you create a User Account for the purpose of obtaining delivery services, you should not share your Member Account, Login information and/or password details with another person.

4. Support

DD may provide You with Customer Support related to the App and/or Services ("Customer Support"), at its discretion. As DD offers support only for the most current version of the App, You must make sure to substitute or incorporate all new releases or fixes issued by DD. DD does not support altered or modified versions of App made by the User or any third-parties. DD is not obligated to perform investigation and or correction of Errors found by DD to be in other than a current, unaltered release of the System, caused by Licensee's use of the System in combination with App not provided by DD, caused by improper or unauthorized use of the System, or due to causes outside the control of DD, including but not limited to power failures or surges.

DD may, from time to time, at its sole discretion, replace, modify or upgrade the App. When accepted by You, any such replacement or modified App code or upgrade to the App will be considered part of the App and subject to the terms of this License (unless this License is superseded by a further License accompanying such replacement or modified version of or upgrade to the App).

5. Termination

This License shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this License. This License will terminate automatically if You breach any provision of it. In such event, You must destroy all copies of the App and all of its component parts and cease all further use of it. You agree that DD shall have the sole discretion of determining whether You are in material breach of this agreement. You further agree that DD has the right to use any and all means necessary to enforce its rights if You are in material breach of this agreement, and that termination will not entitle You to a refund of the purchase price or any other amounts paid under any circumstances whatsoever.

6. TRANSACTIONS INVOLVING ALCOHOLIC BEVERAGES

Some jurisdictions permit the ordering and delivering of alcoholic beverages. In such jurisdictions, by placing an order for an alcoholic beverage, you expressly represent and warrant that:

1. You are of Legal Age;

2. You will provide legally issued identification showing your Legal Age to your driver upon delivery to you;

3. You are purchasing alcoholic beverages for personal consumption and not for resale or any other commercial purpose; and

4. You are not procuring alcohol from Alcoholic Beverage Suppliers for person(s) under the Legal Age.

If you order alcohol products, you understand and acknowledge that neither Delivery Dudes nor the driver can accept your order of alcohol, and the order will only be delivered if the food service provider accepts your order.

Delivery Dudes reserves the right to report any actions by you that would violate alcohol beverage laws, including but not limited to misrepresentation of age and distributing or selling alcoholic beverages to person(s) under age 21, to law enforcement authorities.

7. PRIVACY POLICY

We may use your name, address, phone number, and email address to register your account, enable you to access the App and our services, to customize your services, to improve our services and information, and to communicate with you.

We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information. We may also use your information to provide you with information about third-party products and services.

We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience. We may compile and retain transcripts of correspondence and textual or auditory communications with you for training and quality control purposes, as well as to maintain the quality of our services to our customers.

We may prepare and share anonymized data and information from and about You with third parties, such as advertisers or partners, for research, academic, marketing and/or promotional purposes.

If we sell, merge, or transfer DD or any part of the business, your information will be provided to our successors in interest.

Like many apps and services, we may use log files to collect Internet Protocol ("IP") addresses, browser type, Internet Service Provider ("ISP"), referring/exit pages, platform type, and date/time stamp. We may use Your information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine the relevance of content.

IP addresses are also linked to personally identifiable information, to better the user's experience when using the App and Services.

We may disclose Your information to third parties for administrative, operational and security purposes including to complete transactions for You, to comply with the law or legal requests, to protect the safety or rights of ourselves or others, to effect a sale or transfer of all or part of our company, or for marketing or promotional use.

Do Not Track: DD and its app are not currently configured to respond to "Do Not Track" signals.

If We make material changes to the Policy we will post the revised Policy and the revised effective date on the "Terms of Use" page on our website. We encourage You to check the ‘Terms of Service' on our website frequently to see the current Policy in effect and any changes that may have been made to them. Your use of the the App indicates and confirms Your agreement to be bound by any modifications to the Policy. The provisions contained herein supersede all previous notices or statements regarding our Policy with respect to this App.

8. Copyright

A. All title and copyrights in and to the App (including but not limited to any images, photographs, animations, code, video, audio, music and text incorporated into the App), any accompanying printed materials, and any copies of the App, are owned by DD or its suppliers. The creation of derivative works based on or through the use of the source code of the App is prohibited; You agree that you will not create an app or other website or program that replicates the look and feel of DD's Content. All title and intellectual property rights in and to the Content which may be accessed through use of the App is the property of the respective content owner. All rights not expressly granted under this License are reserved by DD.

B. You may not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the App in whole or part, transmit or communicate the application over a network.

C. This Agreement does not grant the Licensee any right to create any derivative work of or from the App; if Licensee creates any such derivative work, DD shall be considered the author and owner thereof, from the moment of creation.

D. You do not acquire, and shall not claim, any rights (trademark, copyright or otherwise) in the Content itself apart from the End Use. Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle DD to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. DD in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties DD may be entitled to under this Agreement and applicable law. The foregoing is not a limiting statement of DD's rights or remedies in connection with any unauthorized use of the Content or breach of the Agreement.

You agree:

  • not to use the Sites or the services or submit content to the Sites if you are under the age of 13.
  • not to use the site to cause nuisance, annoyance or inconvenience.
  • not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Delivery Dudes.
  • not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content including but not limited to the Provided Content.
  • not to access the Sites or services using a third-party's account/registration without the express consent of the account holder.
  • not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any Delivery Dudes server.
  • not to use the Sites in any manner that could damage, disable, overburden and/or impair any Delivery Dudes server, or the network(s) connected to any Delivery Dude server, and/or interfere with any other party's use and enjoyment of the Sites.
  • not to use any information obtained from the Sites or the Delivery Dudes services in order to contact, advertise to, solicit, or sell to any user or restaurant or other service provider
  • not to use the Sites or any Provided Content as part of an effort to compete with Delivery Dudes.
  • not to use the software or services or Provided Content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any food service provider unless Delivery Dudes has given you permission in writing to do so.
  • not to delete the copyright or other proprietary rights notice from any Provided Content or any portion of the Sites or Delivery Dude's services.
  • to report any errors, bugs, unauthorized access methodologies or any breach of IP rights that you uncover in your use of software services.
  • not to use the Sites for any illegal purposes including but not limited identity fraud, credit card fraud, or facilitating the delivery of alcoholic beverages to anyone under the legal drinking age or who has otherwise been legally barred from ordering or procuring alcoholic beverages.
9. Indemnification

A. Licensee agrees to indemnify DD against any and all claims, lawsuits and reasonable charges (including outside attorneys fees incurred by DD) that are based on acts of Licensee, including any claims, law suits and charges resulting from any errors in data entry done by Licensee, its staff or assigns. Licensee shall indemnify and hold harmless DD and its officers, directors, employees and agents from and against any and all losses, claims, damages, liabilities, obligations, penalties, judgments, awards, costs, expenses and disbursements, including without limitation, the costs, expenses and disbursements, as and when incurred, of investigating, preparing or defending any action, suit, proceeding or investigation asserted by a third party, caused by, relating to, based upon, arising out of or in connection with (a) any breach by Licensee of the representations, warranties or agreements made by it under this Agreement , (b) negligence, recklessness or intentional misconduct on the part of Licensee or its officers, directors, employees, agents or consultants, (c) any claim that the content provided by Licensee to DD infringes or misappropriates any intellectual property rights or any other right of any third party.

B. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that Licensee might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Creative Mindworks under any provision of this AGREEMENT and Licensee's exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Creative Mindworks with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by Licensee in the thirty days prior to Licensee's report of said breach. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

10. Third Party Programs

Global App may, from time to time, utilize third party programs that will install on Your system, and will provide Global App with the ability to interface with Your system; to fully use the License You will be required to agree to the license agreements with various third parties; Global App takes no responsibility for the [aspects/qualities/elements] of said programs, and recommends that You fully review all such agreements before agreeing thereto.

11. Export Restrictions

Licensee agrees that it will comply with all applicable US and international laws relating to export, or transfer for the purpose of re-export, as well as end-user, end end-use and destination restrictions imposed by the US or any other governments.

We control and offer the App from our offices in the United States of America, and all information is processed within the United States. Persons who choose to access the App from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable and such persons consent to the terms of this Policy regardless of said person's local laws.

By providing any personal information to or through the App, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

12. Authority

Licensee represents and warrants that it has full corporate power and authority to enter into this Agreement and to carry out the transactions contemplated hereby, and that this Agreement constitutes the legal, valid and binding obligation of Licensee and DD, enforceable against each of them in accordance with its terms.

13. Disclaimer of Warranties

THIS APP AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DD does not warrant that the functions of the App will meet Your requirements or that operation of the App will be uninterrupted or error free. You assume all responsibility for selecting the App to achieve Your intended results, and for the use and results obtained from the App. DD is not responsible if the App does not operate on Your server or computer, nor is DD responsible for making the App operational. Should the App prove defective, You and not DD assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the App or any component, any update or any subsequently-created version thereof, is not a valid reason for requesting a refund of the purchase price or a reduction in Customer Support. This disclaimer of warranty constitutes an essential part of this agreement.

14. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

IN NO EVENT WILL DD OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE App AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DD DOES NOT WARRANT THAT THE PRODUCT IS OR WILL REMAIN FREE OF HARMFUL COMPONENTS, ERRORS AND/OR VIRUSES OR THAT IT WILL BE ACCESSIBLE ON A PERMANENT BASIS WITHOUT INTERRUPTION. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Arbitration

Any dispute or disagreement of any kind between DD and Licensee under this agreement shall be resolved by binding arbitration in accordance with the laws of the province of Ontario, Canada and the then current Rules of Procedure for Commercial Arbitration of the ADR Institute of Canada, Inc. (www.amic.org) ("Institute"). The arbitration tribunal shall consist of three (3) arbitrators chosen by the parties from a slate of eight (8) proposed arbitrators provided by the Institute. If the parties are unable to agree on all three arbitrators within seven (7) days after receipt of the slate provided by the Institute, the Institute shall appoint the number of arbitrators the parties have been unable to agree upon from the slate. The decision of the tribunal shall be final and binding and no appeal shall lie therefrom. The tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration, as the panel determines in its discretion.

16. Enforcement Costs

In the event that You breach any provision of this License, including but not limited to the sections regarding Termination, Copyright, the Nondisclosure Agreement, and the Refund Policy, You agree that You shall reimburse DD for all expenses related to the enforcement by DD of its legal rights under this agreement, including but not limited to its attorneys' fees, court costs, administrative fees, and all other costs, fees, and expenses incurred by DD that are associated with enforcing its legal rights under this Agreement.

17. Third Parties

Any third party or subsequent entity that purchases, installs, copies, downloads, accesses or otherwise uses the App, as well as any third party or subsequent entity that views, copies, creates derivative works from, appropriates, or otherwise alters all or any part of the source code, whether on not such actions were performed legally and in accordance with the terms of this License, shall be bound by the terms of this License, as amended from time to time by DD and posted online by DD at its web sites. Performing any of the actions enumerated above shall constitute constructive agreement to be bound by the terms of this License. This Agreement may be assigned by Licensee, or transferred under operation of law or otherwise by Licensee, to any individual or company that takes on substantially all of Licensee's assets, or the portion(s) of Licensees assets that utilize the App, where such assignment is communicated to Licensee in writing within seven days of such assignment via registered mail to DD's address provided herein or updated from time to time, or via other such method provided by DD, if Licensee's successor in interest agrees in writing to accept the terms and conditions of this Agreement. This Agreement shall be binding on the successors and assigns of DD, and the permitted successors and assigns of Licensee.

18. Amendments

You agree that, in order to maintain Your ongoing license to use the App, DD shall have the right to post reasonable amendments to this License online from time to time at its web site(s), and that You shall be bound by such amendments. You agree that it shall be Your responsibility to monitor the license agreement posted online and ensure ongoing compliance with its terms. If You disagree with any amendments posted under this section, Your sole recourse shall be to terminate this license and Your usage of the App, subject to the terms of the Termination clause in section 5 above.

19. Severability

If any term of this License is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.

20. Conflict

In the event of any conflict or discrepancy between the License Agreement and DD's marketing literature, the License Agreement shall control.

21. No Waiver

No waiver of, or delay in promptly exercising, any right under this License will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this License. Any express waiver or the failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement.

22. REFUND POLICY

Unless prohibited by law, in the event that Delivery Dudes is found responsible for any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 30 days of your order date. If you do not raise the issue within 30 days of your order date, you waive the ability to receive a credit for any error.

THE APP PRODUCT AND THE ACCOMPANYING FILES ARE LICENSED TO YOU AS IS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.

23. Entire Agreement

This License constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter except for such agreements it incorporates by reference. Both parties acknowledge that they have not been induced to enter into this License by any representations or promises not specifically stated herein.

24. Governing Law

Any dispute, controversy, or claim relating to, connected with, or arising out of this Agreement, including any question regarding its existence, validity, or termination, as well as any challenge to the tribunal's jurisdiction, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. With respect to any matter not subject to arbitration under this Agreement, each party hereby irrevocably (i) submits to the non-exclusive jurisdiction of the courts of Miami-Dade County, in the State of Florida; (ii) waives any objection it may have at any time to the laying of venue of any such proceedings brought in such courts, (iii) waives any claim as to forum non conveniens, and (iv) waives the right to object with respect to such proceedings that any such court does not have jurisdiction over such party.

25. Headings

The headings of sections and other subdivisions hereof are inserted only for the purpose of convenient reference and it is recognized that they may not adequately or accurately describe the contents of the provisions which they head. Such headings shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part or portion thereof, nor shall they otherwise be given any legal effect.

26. Notifications

Except as otherwise set forth herein, all notices given in connection with this Agreement shall be in writing and shall be delivered either by personal delivery, by certified or registered mail, return receipt requested, or by express courier or delivery service, addressed to Dude IP, LLC at 102 NE 1st Ave, Delray Beach, FL 33444, and addressed to Licensee at the address provided by Licensee at the time of its first contracting with DD, as modified from time to time by Licensee in writing or through other methods provided by DD.

YOUR USE OF THE DELIVERY DUDES APP INDICATES YOUR ASSENT TO THE TERMS OF THIS LICENSE.

Last updated on September 14, 2016

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