You must read this End User License Agreement carefully and completely before clicking in the “I Agree” Button below, prior to downloading and/or using the “Dispatch-It” Application (Application). This Application is Licensed to you by ENK Logistic Group LLC, for use strictly in accordance with the Terms and Conditions of this Agreement. This Application is Licensed only, never “Sold”, and under no conditions will it become the property of the End User.
By clicking on the “I Agree” Button below, or by Downloading and/or Using the Application, you are agreeing to be bound by the Terms and Conditions of the Agreement. If you do not agree to all the Terms of this Agreement, or cannot accept all of the Conditions to the Agreement, do not click on the “I Agree” Button, do not Download the Application, and do not Use the Application.
This Agreement is a Legal and Binding Contract between you, whether you are an Individual of Any Other Entity Classification, and ENK Logistic Group LLC. At all times, the Terms and Conditions of the Agreement govern your Use of the Application.
The Application shall remain the Sole and Exclusive Property of ENK Logistic Group LLC, without limitation, including All Patents, Copyrights, Trademarks, Rights, Symbols, Logos, Emblems, Brands, Characteristics, Features, Attributes, Marks, Software, Software Code, Compiled Code, Goodwill, Trade Secrets and Any and All Other Intellectual Property Rights.
ENK Logistic Group LLC grants to every End-User a Non-Exclusive, Non-Transferrable, Limited and Revocable License to Download and Use the Application, strictly in accordance with the Terms and Conditions of this Agreement. The company reserves the Right to Revoke any End-User License Under Any Circumstances and/or Conditions.
You, Your Agents, Assigns and Representatives Agree Not To and Will Not Permit Any Others to:
1. Sell, License, Rent, Lease, Distribute, Assign, Transmit, Host, Outsource or in Any Other Manner Commercially Exploit the Application or Any Functionality Contained in the Application in any manner, or to make the Application available to any Other Party or Third Party in any manner;
2. Decode, Decipher, Interpret, Decrypt, Reverse Compile, Reverse Engineer, Modify, Make Copies or Derivative Copies of the Application or Any Part, Parcel or Portion of the Application Thereof;
3. Alter, Change, Modify, Amend, Revise, Rework or Remove Any Proprietary Mark, Markings, Notice of Patents, Notice of Copyrights or Notice of Trademarks of ENK Logistic Group LLC, or of its Partners, Affiliates or Suppliers.
This Agreement will remain in Full Effect until Terminated by you or by ENK Logistic Group LLC in writing, via Certified Mail, Regular Mail with Delivery Confirmation or E-Mail.
ENK Logistic Group LLC may Suspend or Terminate this Agreement without Prior Written Notice to you, in its Sole Discretion, at any time and/or for any reason, or for no reason whatsoever.
In the event that you fail to comply with any of the Terms and Conditions of this Agreement, the Agreement will Terminate Immediately, without prior written notice from ENK Logistic Group LLC. Upon Termination of the Agreement, you Agree to Cease Any and All Use of the Application, and you further Agree to Delete All Copies of the Application from all Computers and Mobile Devices.
Termination of the Agreement will not prohibit or restrict ENK Logistic Group LLC from pursuing any Rights or Remedies either at Law or in Equity, in the Event of your Breach of the Agreement or violation of any of the Terms and Conditions of the Agreement.
ENK Logistic Group LLC Reserves the Right to Modify or Replace this Agreement, in whole or in part, at its Sole Discretion, by Providing Written Notice Fifteen (15) days in Advance of any Amendments Taking Effect.
Your use of the Application in Whole or in Part, after Changes to the Agreement have been Implemented, constitutes your Explicit Agreement to be Bound by the Terms and Conditions of the Revised Agreement. If you do not Agree to be Bound by the Terms and Conditions of the Revised Agreement, you are no longer authorized to use the Application and Agree to Remove all Copies of the Application from your Computers and Mobile Devices.
ENK Logistic Group LLC Reserves the Right to Modify, Suspend or Discontinue the Application, either Temporarily or Permanently, with or without advance notice and without incurring any liability.
ENK Logistic Group LLC Reserves the Right to Enhance the Application or to Improve the Features and Functionality of the Application, including but not limited to Software Updates, Upgrades, Patches, Bug Fixes and/or Other Modifications. Changes to the Application may modify certain Features or Functionality of the Application, or remove certain Features or Functionality in the Application.
By clicking on the “I Agree” Button Below, you implicitly agree that ENK Logistic Group LLC has the Right to Modify the Application as it deems necessary, that it is not required to continue to provide any particular Feature(s) or Functionality in the Application, and it is not obligated to provide any Updates or Fixes to the Application.
You further agree that your use of any of the Modifications or Updates to the Application, and your continued use of the Application as a whole after Modifications or Updates have been Implemented, thereby Constitutes your Explicit Affirmation and Agreement to Continue to be Bound by the Terms and Conditions of the Agreement.
The Application is provided for use “AS IS” without any Express or Implied Warranty of any Kind. To the Maximum Extent Possible under Applicable Federal, State & Local Laws, ENK Logistic Group LLC Expressly Disclaims any and all Warranties whether Express, Implied, Explicit, Specific, Statutory, Legal and/or Otherwise, including All Implied Warranties of Merchantability, Fitness For Any Particular Purpose, Non-Infringement & Title, and any Warranties that may arise out of the normal course of operations, normal course of performance, normal trade practices or usage.
Without limitation of the foregoing, ENK Logistic Group LLC provides no Warranty, Undertaking or Representation of any Kind that the Application will be Compatible or Work with any Particular Operating System, Operating Software, Services, Applications, meet any Particular Performance Expectations or Standards, Operate without Error or Interruption, Achieve any Particular Expected or Desired Results, or be Free of Error(s).
Since some Jurisdictions do not permit Limitations or Exclusions of Implied Warranties, or Limitations on the Statutory Rights of Consumers, some or all of the Exclusions and/or Limitations above may not apply to your particular situation.
Licensee Expressly Agrees that the Entire Amount ENK Logistic Group LLC will be Liable to the Licensee for, under Any and All Provisions of this Agreement, will be Limited Solely to the Amount Actually Paid for the Use of the Application, Regardless of the Amount and Type of Damages Actually Incurred by Licensee.
In no event and under no circumstances, to the maximum extent permitted under Applicable Law(s), will ENK Logistic Group LLC be Liable to the Licensee or Any of its Affiliates, Associated Companies, Agents, Employees or Assigns for:
Since some Jurisdictions do not permit Limitations or Exclusions of Incidental or Consequential Damages, some or all of the Exclusions and/or Limitations above may not apply to your particular situation.
You Agree to Indemnify and Hold Harmless ENK Logistic Group LLC, and its Parents, Affiliates, Employees, Officers, Agents, Partners and Assigns, from any and All Claims and Demands, Including Attorney Fees and Court Costs, due to or arising out of your Use of the Application, out of the Violation of any Terms and Conditions of the Agreement, out of the Violation of Any Law or Regulation of Any Jurisdiction and/or from the Violation of Any Rights of Any Other Party.
The Laws of the State of Illinois shall Govern this Agreement, End-User License and the Use of the Application.
If any Provision(s) of this Agreement is(are) held to be Unenforceable or Invalid, such Provision(s) will be Interpreted to Achieve the Equivalent Objective(s) of the Provision to the Greatest Extent Permissible Under Existing Applicable Law, with the Remaining Terms and Conditions of the Agreement Continuing in Full Force and Effect.
The failure to exercise any right under this Agreement, or to require the performance of any obligation, shall not diminish a party’s rights to do so in the future. The Waiver of Any Breach of the Agreement shall not be construed to set a precedence or waiver for any subsequent breach.
This Agreement Constitutes the Entire Contract between you and ENK Logistic Group LLC, governing your End-User License and Use of the Application. It supersedes Any and All Prior Written Versions of the Agreement, and Any Oral Agreements or Understandings Between You and ENK Logistic Group LLC.