Terms of Service

The following terms of service (the "TOS") form a binding agreement between DDIT LLC ("Delivery Dudes", "Dudes", "We', "Us") and You, a user of this site, and governs your use of our services facilitated through our website located at https://deliverydudes.com, mobile apps, and other online areas owned or operated by or on behalf of us ("Services" or "Site") for the purpose of ordering food, beverages and/or other items to be delivered to an address provided by you upon payment by you to the Dudes, and for other purposes permitted by the Dudes. PLEASE READ OUR TOS CAREFULLY BEFORE USING ANY OF OUR SERVICES. By using the Services, you are agreeing to our TOS, as well as any linked Privacy Policy; additional terms and conditions may apply when you use affiliate services or third-party content, including but not limited to Facebook, Twitter, YouTube, Twitter, tumblr, Yahoo, Google+ and more, which are hereby made a part of our TOS and are expressly incorporated herein by this reference; you only agree to the terms of and/or regarding third party sites if you use or access information on or via those sites. If the terms of these Terms of Service differ from the Privacy Policy, then the Terms of Service will control.

If you are a restaurant or merchant, other terms and conditions will apply to your relationship with Delivery Dudes.

If you are a Delivery Dudes driver, other terms and conditions will apply to your relationship with Delivery Dudes

If you submit information to the Dudes for purposes of seeking employment with the Dudes as an employee or contractor, the Dudes reserve the right - but do not have a duty - to retain it in the manner in which the Dudes retain similar business records, and reserve the right to use such information for purposes of determining your suitability for the position you seek.

If you do not agree to any of our TOS, you must discontinue use of our Services. You should print or otherwise save a copy of our TOS for your records.

You acknowledge that our TOS is supported by good and valuable consideration including but not limited to your use of the Services and receipt of data, materials and information available at or through the Services. We may update or change our TOS from time to time and recommend that you review our TOS on a regular basis. The most current version of our TOS may be viewed at (our link to TOS). If We make a change to our TOS, the revised version of our TOS will be posted on our Website, and We reserve the right to send notification of such change to any email address submitted to the Dudes by you. You understand and agree that your continued use of our Services after our TOS have changed constitutes your acceptance of our TOS as revised.

Delivery Dudes is not the retailer of any products offered by Restaurants. Our responsibility to you is limited solely to facilitating a platform wherein you the user are able to request and have delivered the food and beverage products of your choice by a Delivery Dudes contractor.The Merchants are solely responsible for preparing and packaging all products ordered through Delivery Dudes, and updating their menu prices. Each Restaurant is solely liable for the quality and freshness of its products, and Delivery Dudes does not verify the credentials, representations, products or prices offered by the Restaurants, and does not guarantee the quality of the product, or that any Restaurant or Restaurant product complies with applicable laws. Delivery Dudes shall not be liable or responsible for any products or services provided by Restaurants that are a cause of injury or that are unacceptable to or do not meet your expectations in any manner.

CREDIT CARD OR OTHER PAYMENT SERVICE AUTHORIZATION

You may be asked to provide us with a credit card number from a card issuer or other payment information that we accept in order to activate and/or pay for any fees related to the Service. We may seek pre-authorization of your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

If at any point the Dudes collects credit card billing information, said data will be transferred using techniques considered commonplace by our processing partner(s). Credit card information will be treated as ephemeral data by the Dudes and will solely be stored by our partner(s) in use at the time of the transaction. Credit card information will only be stored if elected by the user either at time of the transaction or at any given time the user makes the decision to associate a payment method with their account.

All payments must be made by VISA, MasterCard, Discover, American Express. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT THE DUDES, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by the Dudes or its agents.

The Dudes shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Dudes shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Dudes agree to immediately issue a credit to your credit card account in the amount of the charge.

OUR 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.

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.

OUR MATERIALS AND LICENSE TO YOU

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"). The Provided Content is protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Delivery Dudes grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials including Provided Content, for personal reasons including but not limited to delivery to a place of business, residence, hotel or other location, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement Any other use of the Provided Content is prohibited. With regard to Provided Content that is either (a) owned by Delivery Dudes or (b) hosted by Delivery Dudes, Delivery Dudes grants its users a license to use such Provided Content for personal and/or non-commercial purposes or pursuant to Fair Use on social media, in texts, on blog posts and on third party networks, sites, systems and social media. Nothing contained on the Sites should be interpreted as granting to you any broader commercial license to use any of the Provided Content and/or third party proprietary content on the Sites without the express written permission of Delivery Dudes or the appropriate third party owner, as applicable.

If you download any software or machine-readable Provided Content from the Dudes, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Delivery Dudes reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.

MEMBER ACCOUNT

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 please contact us. You further acknowledge and agree that our Services are designed and intended for personal use on an individual basis and you should not share your Member Account and/or password details with another person.

YOUR INFORMATION, CONTENT AND CONDUCT

By accessing the Sites, 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.

By registering to use the Sites and/or submitting photos, text, audio or other content, you agree:

  • to comply with all applicable laws regarding online conduct and submission of acceptable Provided Content.
  • not to attempt to impersonate another user or person, or a restaurant or store, or member of the Dudes team, including for purposes of placing false or fake orders
  • not to use the Sites to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery.
  • not to sell or transfer your profile.
  • to keep secure and confidential your account password or any identification that We provide you.
  • not to license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation for purposes of building a competitive product and/or service.
  • not to upload or transmit viruses or other harmful, disruptive or destructive files.

Your Information.

In order to use the Dudes' Services, you may from time to time provide personally identifying and other forms of information, including, but not limited to, your name, street address, email address, phone number, and other contact information. In addition, We and our third party service providers may collect your billing, shipping, and other information, and We may collect other supplemental information from third parties. You can always choose not to provide any information, but then you might not be able to take advantage of many of the Dudes' products and services. Like most standard website servers, We 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 the 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 Website. Although, We have no obligation to do so, We may also retain any email, letter, or other correspondence between you and the Dudes and any representative or agent thereof, to ensure quality control.

Information supplied by you to the Dudes may be used to serve you and to operate and maintain Our services. For example, We may use the information to respond to your requests, to customize future use of the Website for you, to improve our Website, and to communicate with you. We may use your email address or information without your consent, for a range of purposes including marketing, quality of service and administrative purposes, and we reserve the right to share your personally identifying information with any entity that you order products from via the Dudes, as well as our staff/employees/contractors/team and a currency/credit card processing company whose role is to bill users for purchases made via the Dudes. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific services. When the user signs up for those services, we may share names or other contact information that may be necessary for the third party to provide those services.

LICENSES AND REPRESENTATIONS

You shall not upload to, email to, distribute or otherwise publish through, or share with or through the Service any Content which is deemed by the Dudes, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by the Dudes in its sole discretion to be advertising or "spam".

If you post reviews, images, videos, or audio content (the "User Submission") on any page or site hosted, managed or controlled by the Dudes including the Site, and any of the Dudes' Facebook pages, or if you direct communications to the Dudes via email or Twitter, or in tags on Instagram, tumblr or another social media service, you grant the Dudes a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the universe in any media that currently exists and/or shall later be created (the "Submissions License"). You also grant the Dudes the right to include and/or use the user name that you submit with your User Submission, if any, in connection with such User Submission, whether on the Service or in any other media, and that no additional consideration or credit needs to be provided to you by the Dudes and/or any licensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to the Dudes' social media platforms where the content meets the standards articulated in this TOS. If you believe that a user has violated the terms of these Terms of Use, it is not your responsibility to call them out on it publicly; instead, please contact the Dudes. The Dudes shall have the right (but not the obligation) in its sole discretion to refuse or move any User Submission and/or block access by the public to any User Submission that violates the TOS or is otherwise deemed objectionable in the Dudes' sole discretion. Although we try to maintain a safe environment on our social media platforms and the Services,, we are not responsible for the posts of any user and disclaim any liability for such posts. You acknowledge that the Dudes are not obligated to pre-screen User Submissions and may not review User Submissions for purposes of compliance with the TOS or any other policy. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON ANY OF THE DUDES' SOCIAL MEDIA PLATFORMS.

No User Submission shall be include any material which is deemed by the Dudes, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by the Dudes in its sole discretion to be advertising or "spam". You acknowledge that by using the Service, you may be exposed to material that is offensive, indecent or objectionable.

You recognize that some content on this site, including all User Submissions, represents the opinions of the individual who has created such content, and is not endorsed by this site in any way. The Dudes do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any third party including any restaurant, user, information provider or any other person or entity. You acknowledge that any except as otherwise provided herein regarding pricing, reliance upon any such opinion, image, advice, statement, memorandum, or information shall be at your sole risk.

By transmitting a User Submission, you represent and warrant that the User Submission and your communication thereof conform to our TOS and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Submission in all manners contemplated by these terms of service (including the Submissions License). To the extent that We solicit User Submissions through features or activities on or through the Services, We hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating a User Submissions); provided that such license shall be conditioned upon your assignment to the Dudes of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your User Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any User Submission you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

You understand that the technical processing and transmission of the Site, including your Content contained therein, may involve transmissions over various networks, and may require changes to your Content in order to conform and adapt to the technical requirements of connecting networks or devices.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

INDEMNIFICATION

You agree to indemnify and hold harmless the Delivery Dudes and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Submission; (b) your misuse of the Website, Software or Services; (c) your violation of this Agreement; (d) a claim, which if true, would constitute a violation by you of your representations and warranties; (e) a claim alleging your negligence or willful misconduct related to the Site or your User Submission; (e) your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services including but not limited to laws regarding underage purchases of alcohol. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney's fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses, and you may not settle any claim without the prior written consent of the Dudes, which shall not be unreasonably withheld. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, Software and/or Services. You agree that the Dudes shall not be liable to you or any third-party for any termination of or limitation on your access to the Services.

ALERTS

Customers placing orders will receive email alerts about each order placed on the Sites. Additionally, you may receive additional emails following receipt of a delivered order soliciting feedback relating to that order.

THIRD PARTY INTERACTIONS

Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications") and advertisements ("Third-Party Advertisements") for third parties (collectively and individually, "Third-Party Content"). When you click on a link to Third Party Content, the Company will not warn you that you have left the Company's Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Content is not under the control of the Company. The Company is not responsible for any Third-Party Content.

App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge that this Agreement is between you and the Dudes and not with the App Store. The Dudes, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services and any refund requested shall be granted at the Dudes' sole discretion. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.

Ad Servers and Third-Party Hosted Content: The Dudes may include advertisements and content served and/or hosted by third-party providers and reserves the right to share personally identifying information with its business partners, designees, advertisers, marketing firms and related third parties.

With respect to cookies: we use cookies to store visitors preferences, customize Web page content based on visitors' browser type or other information that the visitor sends, and record past activity at a site in order to provide better service when visitors return to our site.

The Dudes may, at a future time, use customer information for new, unanticipated uses not previously disclosed in our privacy notice. The Dudes reserve the right to communicate with its users via communications methods provided by each or any user.

If you request that the Dudes send information to a third party, such as a friend, the Dudes may utilize the contact data provided by you to forward information to said third party, and may retain said contact data as long as we feel appropriate.

TECHNOLOGY

The Company's Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company's privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or delivery of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access the Dudes in any medium or via any service.

COPYRIGHT POLICY

Delivery Dudes respects the intellectual property of others, and We ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Delivery Dude's Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
  4. Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  5. A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
  7. Please send this notification to our copyright agent at:
IPAgent@DeliveryDudes.com
ATTN: Heidi Tandy, Esq.
c/o DDIT, LLC 102 NE 1st Ave, Delray Beach, FL 33444
DRIVER APPLICANTS

If you are or have ever been a Delivery Dudes driver or contractor, these Terms of Use incorporate by reference your Dudes Driver Agreement with the same force and effect as if set forth herein, and thus constitutes part of this agreement.

RESTAURANT PARTNERSHIPS

If you are or ever have been a restaurant, merchant or other Delivery Dudes partner, these Terms of Use incorporate by reference your Partnership Agreement and/or Collaborative Agreement with the same force and effect as if set forth herein, and thus constitutes part of this agreement. Restaurants that Delivery Dudes has partnered with are deemed "Partnered Restaurants" for purposes of this Agreement; Delivery Dudes' relationship with any Partnered Restaurants is pursuant to a separate agreement and may be changed without notice to our customers.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DELIVERY DUDES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF DELIVERY DUDES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. DELIVERY DUDES ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR APP. DELIVERY DUDES ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL DELIVERY DUDES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE AMOUNT PAID BY YOU TO DELIVERY DUDES OR A MERCHANT, IF ANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AND DELIVERY DUDES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND DELIVERY DUDES AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY AND THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS ON DAMAGES AND MANDATORY MEDIATION OF DISPUTES. YOU AGREE THAT OUR LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY IS LIMITED TO THE SUM OF $100, BUT ONLY TO THE EXTENT THAT SUCH CLAIM IS NOT OTHERWISE BARRED BY THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

GOVERNING LAW

You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. User agrees to jurisdiction in Broward County.

DISPUTE RESOLUTION

Arbitration

You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and Delivery Dudes are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Delivery Dudes otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Use. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitrator Powers

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's decision is final and binding on you and the Company.

TERMINATION

At its sole discretion, the Delivery Dudes may modify or discontinue the Software, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, The Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Software and Services. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Licenses, Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.

PRIVACY POLICY

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with our Privacy Policy.

We take reasonable security precautions to protect our users' information. When our registration form asks users to enter sensitive information (such as a credit card number), that information is encrypted. Address information is not encrypted and will be provided to a Dudes Driver and other Dudes employees and/or contractors at Dudes' sole discretion. If you have any question about the Dudes' security you can send an email to IPAgent@DeliveryDudes.com. Although We intend to use reasonable security safeguards to protect the security of personal information, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY INFORMATION; THEREFORE, YOUR POSTING OR TRANSMITTING PERSONAL INFORMATION IS DONE AT YOUR SOLE RISK. If there is a serious breach in the security of the Dudes' services, then We will attempt to contact you, to allow you to take further steps that may be necessary to protect your information; we are not responsible for contacting you in the event of a security breach by or at your credit card company.

USE OF LOCATION-BASED SERVICES

Delivery Dudes may collect, use, transmit, process and maintain your location data, including the geographic location of your device, and you hereby consent that The Dudes' collection, use, transmission, processing and maintenance of such location data to provide such services is permitted.

VIOLATIONS OF THE AGREEMENT

Delivery Dudes reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If We make a change to this Agreement, it will be effective as soon as We post it, and the most current version of this Agreement will always be posted on our TOS page. If We make a material change to the Agreement, We will notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after We post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets. If the Dudes or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors' rights, your information might be transferred or disclosed to third parties.

GENERAL

Our TOS constitute the entire agreement between you and Delivery Dudes, govern your use of the Services and completely replace any prior agreements between you and Delivery Dudes in relation to the Services. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of our TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The delay or failure of Delivery Dudes to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

LEGAL AUTHORITY

To use and/or register for our Services you must be: (a) of legal age to form a binding contract with us, and (b) cannot be a person barred from receiving our Services under the laws of the United States or other applicable jurisdiction. The Dudes reserve the right to refuse service and refund any monies paid in such circumstances at their sole discretion.

Contact Information

Delivery Dudes welcomes your questions or comments regarding the Terms:

DDIT LLC
102 NE 1st Ave
Delray Beach, FL 33444
Email Address: Legal@DeliveryDudes.com

View our EULA Agreement

Last updated on September 14, 2016

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