Whenever
you download or use the Service Sync™ application this Choice Logistics, Inc.
Service Sync™ App End User License Agreement (“EULA”) applies to you. This EULA also incorporates by
reference the Choice Logistics, Inc. (“Choice”)
Privacy Policy available at https://www.choicelogistics.com/ServiceSyncPrivacy (“Privacy Policy”) and governs
your use of the Service Sync™ application and related user documentation (the “App”).
By
downloading and/or using the App, you are agreeing to this EULA. If you do not
agree with any of these terms, you may
not download or use the App.
We reserve the right to change all or part of the EULA at any time. Updates to the terms of this EULA will be posted to https://www.choicelogistics.com/ServiceSyncEULA. ANY CONTINUED USE OF THE APP AFTER UPDATED TERMS ARE POSTED WILL CONSTITUTE YOUR ACCEPTANCE OF THE UPDATED TERMS.
Choice may change or discontinue the App (and/or our website and any of our other services) without notice or liability to you.
Subject to the restrictions this EULA, Choice grants you a non‐exclusive, non‐transferable, non‐sublicensable, limited license to download, install and use in object code form a single copy of the App on each of your devices (e.g., your mobile phone, PDA, computer). Any attempt to use the App other than as permitted by this EULA will immediately terminate the license. Except for the rights explicitly granted in this EULA, Choice retains all right, title and interest (including all intellectual property rights) in the App, including the copies of the App on your devices. Choice may use third‐party software that is subject to open source and/or third‐party license terms. You are subject to those terms. Other third party terms may also apply to the use of the Apple iTunes Store, Google Apps Marketplace, or other such similar service.
You may not:
This EULA will terminate automatically upon the earlier of: (a) your failure to comply with any term of this EULA (whether or not we inform you of this termination); or; (b) you deleting the App from your devices. In addition, Choice may terminate this EULA at any time, for any reason or no reason. If this EULA terminates, you must stop using the App and delete the App from your devices.
You are solely responsible for compliance with any applicable laws and regulations and your own contractual obligations to third parties. You understand, acknowledge and agree that your use of the App is solely at your own risk.
If you download and/or use the App, you are subject to our Privacy Policy which is located at https://www.choicelogistics.com/ServiceSyncPrivacy
Use of the App may involve the transmission of data over the Internet to Choice and to and from third parties. For the sake of copy protection, a valid activation might be verified automatically by the App from time to time. If you elect to receive automatic updates, we will push updates to your devices but we will always notify you first. You acknowledge that third party terms may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service, and that fees for phone service, data access, or messaging capabilities may also apply and that you are solely responsible for payment of any and all such fees.
As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, the following:
Certain of the product and service names used in this EULA and in the App may constitute trademarks of Choice or third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.
You agree not to export, re‐export or use an App except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your App license. If you download the App in the United States, you may not export or re‐export App to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOICE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. CHOICE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE.
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF CHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL CHOICE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE DOLLARS ($5). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the maximum extent permitted by law, you agree to defend, indemnify and hold Choice and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the App or any breach by you of this EULA.
(a) The Terms and this EULA are the entire agreement between you and Choice relating to the Apps and they supersede all prior oral or written communications and representations with respect to any App or any other subject matter covered by this EULA. (b) This EULA and all the policies referenced herein constitute the entire agreement between Choice and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Choice. (c) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (d) This EULA shall be governed by and interpreted under the laws of the State of New York regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods. All actions relating to this EULA and the App shall be brought in a state or federal court located in the City of New York, New York, U.S.A. (e) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (f) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. (g) You may not assign your rights under this EULA to any party without Choice’s consent.