BY DOWNLOADING, INSTALLING AND / OR USING THE APPLICATION, YOU (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (ii) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND (iii) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
DHT reserves the right, in its sole discretion, to change, delete or update this Agreement (including the Privacy Policy contained herein) and any other policies that govern the Application at any time and for any reason without prior notice. Your continued use of the Application indicates acceptance of any such changes, deletions or updates.
Subject to the terms and conditions set forth in this Agreement, DHT grants to you a limited, non-exclusive and nontransferable license to use the Application strictly in accordance with the Application’s documentation. This Agreement will also apply to any changes, deletions or other updates (“Updates”) to the Application made available by DHT, in its sole discretion (which may be made at any time without prior notice), unless an Update is accompanied by separate terms, in which case such separate terms will govern. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.
You agree to comply with all applicable laws, rules, and regulations in connection with your access and use of the Application. The Application may not be used while operating a vehicle. In some locations actively using an application on a mobile phone is illegal and may result in citations and fines. DHT will not be liable due to any claim arising from your use of the Application while operating a vehicle.
In addition, you shall not: (i) copy the Application, except as expressly permitted by this Agreement, (ii) modify, translate, adapt or otherwise create derivative works or improvements of the Application, (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application or (iv) attempt to gain unauthorized access to any other account, computer system or network connected to any DHT server.
The Application may display, include or make available third-party content (including data, information, applications and other products, services or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). DHT is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. DHT does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Inclusion of Third Party Materials does not in any manner imply any endorsement of such Third-Party Materials or association with their owners or operators. You should review the privacy policies and terms of use of the Third Party Materials and use them entirely at your own risk and subject to such third parties’ terms and conditions.
DHT is not responsible for your mobile phone or the mobile network that is provided by your mobile network provider. Your mobile network provider will charge you for the data services you use while accessing and using the Application in accordance with its contract with you. Your mobile network provider may also have an acceptable use policy which will apply to your use of the Application. You should contact your mobile network provider to find out about any applicable charges and any acceptable use policy before using the Application.
The Application is provided to you on an “AS IS” and “AS AVAILABLE” basis. DHT does not warrant that the functions contained in the Application will meet your requirements or that the operation of the Application will be uninterrupted or error free. You assume responsibility for operation of the Application, and for the installation, use, and results obtained from the Application.
DHT DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE APPLICATION, OR THE NETWORK, CONTENT, SOFTWARE OR SERVICES USED IN CONJUNCTION WITH THE APPLICATION. DHT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, DESIGN OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES REGARDING DATA PRIVACY OR DATA SECURITY OR WARRANTIES CONCERNING THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL DHT OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY CLAIMS, DAMAGES, OR COSTS WHATSOEVER, WHETHER SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL (INCLUDING DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF PROPERTY, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION EVEN IF A DHT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH THE SAME IS BROUGHT. You assume total responsibility for your use of the Application and any linked sites. Your sole remedy against DHT for dissatisfaction with the Application is to stop using the Application.
You agree to indemnify, defend, and hold harmless DHT, its affiliates and subsidiaries and all of the foregoing entities’ officers, directors, employees, agents, licensors and suppliers from and against, and to pay, all claims, liabilities, judgments, awards, costs, losses, expenses, damages and fees, including reasonable attorneys' fees resulting from any violation of this Agreement, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Application using your internet connection, your computer devices or your account. Furthermore, you agree that DHT assumes no responsibility for the content you submit or make available through this Application.
The Application and any Updates and the content thereof (including, without limitation, copyrights, trademarks, service marks, trade names, logos and other proprietary materials) are the intellectual property of, and all rights, title and interest therein and to the Application are owned exclusively by, DHT or its licensors. The structure, organization, methods, and code of the Application are the valuable trade secrets and confidential information of DHT. The Application is protected by law, including, without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. The Application is licensed, not sold, to you. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right. Any other use, including but not limited to, the reproduction, distribution, display or transmission of the content of or downloads from the Application or the unauthorized use of any intellectual property of DHT or its licensors is strictly prohibited, unless authorized by DHT in writing prior to such use. You further agree not to change or delete any proprietary notices from materials downloaded from the Application.
Any and all rights not expressly granted herein are reserved by DHT and its licensors.
The license granted hereunder is effective for an indefinite period of time. Your rights under this Agreement will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. DHT reserves the right to suspend, discontinue, enhance, update or otherwise modify the Application, or its availability to you, at any time without notice. Upon termination of the license to the Application, you will cease all use of and uninstall the Application and all rights granted to you under this Agreement will terminate. The provisions of this Agreement relating to No Warranties or Liability, Intellectual Property, Indemnification and General Provisions shall survive any termination along with any other provisions that by their nature are intended to survive.
This Agreement, and all matters arising out of or related thereto, shall be in all respects governed by the laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to this Agreement or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of Tennessee, in each case located in the city of Mountain City and county of Johnson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
If any provision of this Agreement is found void and unenforceable, the remainder of the Agreement will remain valid and enforceable. This is the entire agreement between DHT and you relating to the Application and this Agreement supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Application.
Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the claim or cause of action arises. DHT's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of this Agreement. DHT may assign its rights and duties under this Agreement to any party.
All notices and other communications hereunder (each a “Notice”) shall be in writing and addressed to the parties at the addresses designated by the receiving party from time to time in accordance herewith. All Notices shall be delivered by nationally recognized overnight courier (with all fees and expenses prepaid) or facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided, a Notice is effective only (i) upon receipt by the receiving party and (ii) if the party giving the Notice has complied with the requirements herein.
Important Message about your Cellular Provider (AT&T, Sprint, T-Mobile, US Cellular, Verizon and others). This is not a Cellular Provider application. If you use this application, it may require your Cellular Provider to disclose your customer information, including Location Information, to the application provider or some other third party. By providing your consent, you authorize your Cellular Provider to disclose your information to third parties to enable this application. Check the application's terms of use and the policies for more information about how the application will collect, access, use or disclose your information. Terms of use and other policies usually are available on the application provider's website. If you aren't comfortable with the application's policies, don't use it. You acknowledge and agree that (1) your relationship with the application provider is separate from your relationship with your Cellular Provider; (2) your Cellular Provider is not responsible for this application; and (3) you will hold harmless your Cellular Provider and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.
DHT will respect the privacy of your email address and agrees to not distribute your email address to any third parties. DHT may collect information about you when you use our mobile applications, websites, and other online products and services, including future products, services or features we develop and introduce (collectively, the “Services”) and through other interactions and communications you have with us. This privacy policy applies to any person who uses our Services (”User”). By using our Services, you consent to the collection, processing and disclosure of data concerning you in accordance with this privacy policy.
We may use the information that we collect about you to: (i) provide you with the Services, including the mobile application, the website and their contents, and any other products or services used in the Application; (ii) fulfill any other purpose for which you provide your information; (iii) carry out DHT’s obligations and enforce DHT’s rights arising under any agreement between DHT and you; (iv) notify you when updates to the Services are available; (v) send or facilitate communications between you and other users of the Services, for example between a driver and driver manager, at your direction in connection with your use of certain features of the Services; and (vi) determine how the Services are being used and how they and other products and services can be improved.
You can stop all collection of information by the mobile application easily by uninstalling the mobile application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can stop collection of information by any other of our Services by ceasing to use such Services.
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Services, please contact us at privacy@dannyherman.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Services to function properly.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security of information we process and maintain, no security system can prevent all potential security breaches.
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy in the Application and may also inform you via email or text message. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.
By using the Services, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at privacy@dannyherman.com.