Terms of Use

DeliverEnd’s Terms of Use – v2.0

May 30, 2019

Shipper Technologies, LLC (“DeliverEnd“) operates the website located at www.DeliverEnd.com (“Website“) and the associated mobile application(s) (“Application“).  DeliverEnd’s Website and Application are designed to assist individuals (“Customers”) in identifying independent third party providers (“Drivers”) for certain labor or property transportation services (collectively, the Website, the Application, and all services provided therein, the “Services“).

 

BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING BY DOWNLOADING OR USING THE APPLICATION, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DeliverEnd, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR AS AN AGENT ON BEHALF OF A COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE ASSOCIATED APPLICATION(S), OR THE SERVICES.

 

ATTENTION: DELIVEREND IS NOT A MOTOR CARRIER AUTHORIZED BY THE FEDERAL GOVERNMENT TO TRANSPORT AN INDIVIDUAL CUSTOMER’S HOUSEHOLD GOODS, AND DeliverEnd ONLY CONNECTS  A DRIVER AUTHORIZED BY DeliverEnd WITH DeliverEnd CUSTOMERS, AND, IF APPLICABLE, ADDITIONAL SERVICES INCLUDING, BUT NOT LIMITED TO, PROCESSING AND ESCROWING PAYMENTS.

Your use of and/or participation in certain Services may be subject to additional terms (“Supplemental Terms“) and each such Supplemental Term will either be listed in the applicable Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

THE TERMS OF USE INCLUDE WAIVERS OF CLASS ACTIONS AND JURY TRIALS.

We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY DELIVEREND IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, DeliverEnd will make a new copy of the Terms available on the Services and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the version number (e.g., “vX.X) and the date, each of which can be found at the top of the Terms. Any changes to the Terms will be effective immediately for new users of the Website or Services and will be effective thirty (30) days after posting notice of such changes on the Services for existing users. DeliverEnd may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.

  1. OUR SYSTEM. This section applies to Customers requesting DeliverEnd’s Services.
    1. Our Services provide a platform whereby Customers can post details of certain items  that require transportation by third parties (a “Work Order Request” and when accepted through our Services, a “Work Order“). This Terms of Use, together with any additional terms on the Application or Services, shall govern any  Work Order. Our responsibilities are limited to facilitating the connection between the Customer and Driver(s) , and, under certain circumstances, the processing and escrowing of a payment associated with the item(s) being transported and the costs associated with transporting the item(s).
    2. Shipment Request. DeliverEnd does not guarantee that your Work Order Request will be fulfilled until confirmed through the Services. Upon your Work Order Request being accepted by a Driver, DeliverEnd will  facilitate certain communications between the Customer and Driver. 
    3. You hereby represent and warrant that: (a) you will not use the Service to ship items that are illegal, dangerous, hazardous, harmful, unsafe, offensive or objectionable or deemed to be HAZMAT by federal regulations, drugs of any kind (prescription or otherwise, legal or illegal), firearms or ammunition of any kind, fireworks or other highly flammable materials that require special handling or that otherwise violate DeliverEnd policies; (b) you own the shipped items or have the necessary rights to ship such items; (c) you have valid insurance policies (in industry-standard coverage amounts) to cover any anticipated losses relating to such shipped items; (d) all items have been identified accurately and with sufficient specificity through the DeliverEnd system or conveyed to DeliverEnd directly for the purpose of anticipating the estimated value of the item; and (e) you are solely responsible for any and all liability which results or is alleged as a result of such shipped items, including, but not limited to, property damage, personal injury and death. In addition, you agree not to include (via electronic addition or onsite request) any of the following items for move without an express written quote and acceptance by the Driver as facilitated by DeliverEnd: Pool Tables, Gun Safes, Pianos, Televisions that require unmounting, any item weighing greater than 300 lbs.,  and any item that cannot be safely moved by 2 or fewer persons.
    4. We recommend you obtain appropriate insurance. Be sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the activities contemplated hereunder or any injuries or damage arising therefrom.
    5. Customers shall not contact Drivers to directly solicit or accept transportation means for the purposes of bypassing or circumventing DeliverEnd’s Services.
    6. If you make a Work Order through the Services as a Customer, you agree to pay any and all fees or charges associated with such Work Order. We may charge a fee for the service we provide when you make a Work Order through the Services. We use a third party payment provider to process payments (“Payment Provider“). By submitting your payment information to or through the Payment Provider, you authorize us to charge the applicable payment method for your Shipment and any related fees or charges. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. Your Payment Provider agreement governs your use of the designated credit card or PayPal® account (“Your Account“), and you must refer to that agreement and not the Terms herein to determine your rights and liabilities. You agree that DeliverEnd is authorized to immediately invoice Your Account for all fees and charges due and payable to DeliverEnd thereunder, including any incidental accessorial charges as defined below and that no additional notice, authorization, or consent is required. We reserve the right at any time to change our billing methods, either immediately upon posting on the Services or by e-mail delivery to you. You agree to use the Service to pay for any Work Orders booked through the Service and not to circumvent payments for scheduled or completed Work Orders in any way.
    7. Incidental Accessorial Charges. DeliverEnd, on behalf of the Drivers, reserves the right to recoup all incidental accessorial charges that arise at the time of pick-up or delivery and may not be included in the original rate. These include, but are not limited to: reconsignment of freight, increases in item count, additional labor (e.g., due to item weight or size that was undisclosed in the Work Order Request), and waiting/detention time.  Incidental accessorial charges and order changes may be approved by Customer or its authorized onsite representative on behalf of the Customer. DeliverEnd shall notify you of the additional charges at the time at which they are incurred.
    8. Cancellations, Reschedules, Attempts and No-Shows. All cancellations, attempts and no-shows will be governed by our policies as follows:
      1. Cancellations / Reschedules. Any order may be cancelled or rescheduled without penalty when such request is made  prior to a Driver accepting the Work Order. Any cancellation or reschedule requested after this time is subject to a fee of $20 USD. Customers shall not be assessed a cancellation or reschedule fee due to Driver delay, Acts of God, or inclement weather related events.
      2. Pick-Up Attempts. Any Work Order shall be deemed a “Pick-Up Attempt” should the Driver begin on route to the pick-up location of the Seller (“Pick-Up Location“) and be unable to complete the pick-up due to Seller delay or cancellation. Once on-site at the Pick-Up Location for pick-up of the item(s) associated with the applicable Work Order, if a Driver has to wait more than 15 minutes without contact with the Seller, the Driver has the right to continue to his/her next scheduled Work Order, and the Work Order shall be considered a Pick-Up Attempt. All Pick-Up Attempts are subject to a Pick-Up Attempt fee equal to the Shipping Rate (i.e., based on the vehicle type requested at the time the Work Order Request was created) of that Work Order and subsequently invoiced to the Seller. Sellers shall not be assessed a Pick-Up Attempt fee due to Driver delay, Acts of God, or weather related events.
      3. Delivery Attempts. Any Work Order shall be deemed a “Delivery Attempt” should the Driver begin on route to the delivery location of the Buyer (“Drop-off Location“) following pick-up of items and be unable to complete the delivery due to Buyer delay or cancellation. Once on-site at the Drop-Off Location for delivery of the item(s) associated with the applicable Work Order, if a Driver has to wait more than 15 minutes without contact with the Buyer, the Driver has the right to continue to his/her next scheduled Work Order, and the Work Order shall be considered a Delivery Attempt. All Delivery Attempts are subject to a Delivery Attempt fee equal to the Full Rate of the Work Order in addition to all costs required to return the item(s) to the Pick-Up Location. In other words, if a Delivery Attempt Work Order is unable to be resolved, the item(s) will be returned to the Pick-Up Location and the Buyer will be charged the full rate for both legs of the failed transportation. Buyers shall not be assessed a Delivery Attempt fee due to Driver delay, Acts of God, or weather related events.
  2. TAXES. You agree that you are responsible for the collection and/or payment of all Taxes for which you may be liable in any jurisdiction arising from your use of the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement. 
  3. PROMOTIONAL OFFERS. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes. We may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Services. Promotional codes are generally limited to one use per customer.
  4. BILLING DISPUTES. You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to the following address: Shipper Technologies, LLC, ATTN: Billing, 525 S Meridian St. Suite GA. 3, Indianapolis, IN 46225.
  5. SHIPMENT LIABILITY
    1. DeliverEnd’s standard liability for shipments of new items in original packaging that are lost or damaged shall be limited to $0.50 per pound, per occurrence, of the actual cargo lost or damaged, not to exceed $500.00 per occurrence. DeliverEnd’s maximum liability for commodities or articles other than new items in original packaging,  household goods, furniture, personal effects, and used goods is limited to $0.10 per pound, per occurrence, not to exceed $100.00 per occurrence. The Customer understands and agrees that the rates do not include insurance or other compensation for loss, other than as expressly provided herein and limited hereby. DeliverEnd shall not be liable for damage caused by force majeure, Acts of God, concealed damage, the inherent vice of the shipment, any items for which services were not purchased and/or incorrectly identified, or for any loss or damage covered by Customer’s insurance or otherwise covered by a source other than DeliverEnd or its Driver. In addition, DeliverEnd shall not be liable for loss or damage of any of the following items for any reason: jewelry, coins, currency, valuable papers, and any items worth $100 per pound in value or greater. The actual claim, whether for loss or apparent damage must be filed in writing with DeliverEnd within fifteen (15) days of delivery or shall be forever barred, and the claim must include the following as minimum for support: 
      1. Date of shipment;
      2. DeliverEnd Work Order invoice;
      3. The name and address of the affected customer (i.e., the Buyer or Seller affected by the claim);
      4. A description of the affected item(s) subject to the claim; and
      5. A copy of the original invoice for the item(s) lost or damaged, if available.
    2. Receipt of the shipment by the Buyer without notation of shortage, loss, or damage will be prima facie evidence that the shipment was delivered in the anticipated condition. No claim will be processed by DeliverEnd until all charges and fees associated with the Work Order associated with the asserted claim have been paid. Amounts of claims may not be deducted from the charges and fees associated with the Work Order associated with the asserted claim. Shipments and their containers and packaging materials must be retained and made available to DeliverEnd for the purpose of inspection for up to thirty (30) days after written notification to DeliverEnd that a claim is pending as set forth herein. Customer shall fully cooperate with DeliverEnd with regard to the investigation of all claims, and Customer shall provide all further documentation requested in writing by DeliverEnd within five (5) days of any such request. DeliverEnd reserves the right to repair or replace damaged property with no further liability for consequential damage such as, but not limited to, out-of-service time during repair or during the claim investigation process as outlined herein.
    3. The Customer hereby agrees that it shall indemnify, defend and hold harmless DeliverEnd from and against any and all claims, suits, demands, causes of action, damages, penalties, fines, taxes, assessments, costs, attorney’s fees, losses or expenses, including but not limited to, any fines or penalties for failure to comply with any federal, state or local law, ordinance or regulations, of any person or entity, in any way relating to, resulting in or arising from the Customer’s violation or breach of any of the warranties and representations set forth in these Terms, and for any actions arising out of the Customer’s  use of the Services, or acts or omissions pursuant to or carrying out this Agreement.
  6. BUSINESS USE. The Services as described herein are intended for personal use. In the event that a business desires to become a Customer, said business and DeliverEnd will enter into a separate agreement regarding the use of the Services and fees therefor. Any provision in these Terms that are not modified or changed by such separate agreement will remain in effect, and in the event of a dispute between provisions, the business’s service agreement will prevail and control. This provision applies to businesses that intend to use and incorporate the Services as a regular part of its business. Notwithstanding the foregoing, businesses may use the Services from time to time if such Services are for special business circumstances and do not constitute an incorporation into the business’s general functions. DeliverEnd reserves the right to determine in what capacity a business desires to use its Services, and may deny its Services to businesses that have not met the requirements herein.  
  7. APPLICATION LICENSE. Subject to your compliance with the Terms, DeliverEnd grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use or limited business purposes (as described in Section 6). Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application“), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Additionally, with respect to any Application accessed through or downloaded from the Google Play Store (a “Play Store Sourced Application“), you will only use the Play Store Sourced Application (i) on an Android-supported product that runs the Android OS (Google’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Google Play Store Terms of Service.
  8. SMS MESSAGES. DeliverEnd’s Services include communication by text message, and you consent to receiving text messages from us and our communicating with you via your mobile device. We do not charge for this Service. However, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations and all subsequent SMS correspondence and/or transmissions. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
  9. MEDIA UPLOADS. Certain features of the Services through the Application require access to and use of your mobile device’s contacts, calendar, and media storage applications (e.g., to use a photo in your image gallery). On Android devices, you grant us permission to access this feature as part of the installation process, and if you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the Application from your device. On iOS devices, you can grant or revoke your consent at any time and prevent DeliverEnd from continuing to access your media storage applications by changing the settings on your device. You hereby authorize the Application to access such components of your mobile device unless it is properly revoked as herein described. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES, MEDIA AND TEXT MESSAGES MAY BE SENT FROM YOUR MOBILE DEVICE. YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. THE APPLICATION WILL ACCESS YOUR CONTACT LIST ON YOUR MOBILE DEVICE EACH TIME YOU ENDEAVOR TO SEND OUT INVITATIONS.

 

  1. APP STORES. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store“).. You agree to pay all fees (if any) charged by the App Store in connection with the DeliverEnd Application. 

 

  1. USE OF THE SERVICES AND DELIVEREND MATERIALS. The Website, the Services, the Application, and the information and content available on the Website and in the Services (as these terms are defined below) (collectively, the “DeliverEnd Materials“) are protected by copyright laws throughout the world. Unless otherwise specified by DeliverEnd in a separate license, your right to use any DeliverEnd Materials is subject to these Terms.
    1. You understand that the DeliverEnd Materials are evolving. As a result, DeliverEnd may require you to accept updates to the DeliverEnd Materials that you have installed on your desktop computer or mobile computing device. You acknowledge and agree that DeliverEnd may update the DeliverEnd Materials with or without notifying you. You may need to update third-party software from time to time in order to use the DeliverEnd Materials.
    2. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the DeliverEnd Materials or any portion of the DeliverEnd Materials; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other DeliverEnd Materials (including images, text, page layout or form) of DeliverEnd; (c) you shall not use any metatags or other “hidden text” using DeliverEnd’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the DeliverEnd Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any aspect of the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the DeliverEnd Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the DeliverEnd Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the DeliverEnd Materials; (i) you shall not disclose to any person or entity the Confidential Information of DeliverEnd, including its trade secrets, technical information, proprietary property, designs, processes, systems, procedures, programs, or customer or marketing lists, should any such information come into your possession; and (j) for a period of two (2) years after you have ceased to use the Services, you shall not, directly or indirectly (1) perform or contract to perform any service that directly or indirectly competes with DeliverEnd in those geographical areas where DeliverEnd specifically provides Services, and (2) solicit or hire any employee, agent, or independent contractor of DeliverEnd. Any future release, update or other addition to the DeliverEnd Materials shall be subject to the Terms. DeliverEnd, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the DeliverEnd Materials terminates the licenses granted by DeliverEnd pursuant to the Terms.
    3. Third-Party Materials. As a part of the DeliverEnd Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for DeliverEnd to monitor such materials and that you access these materials at your own risk.
    4. Registering Your Account. In order to access certain features of the DeliverEnd Materials you may be required to register to create a DeliverEnd account (“Account“) and become a Registered User.
    5. Access Through a Social Networking Service. We may enable you to register your Account with a valid account on a social networking service (SNS) (each such account a “Third-Party Account“) by allowing DeliverEnd to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant DeliverEnd access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating DeliverEnd to pay any fees or making DeliverEnd subject to any usage limitations imposed by such third-party service providers. By granting DeliverEnd access to any Third-Party Accounts, you understand that DeliverEnd may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the DeliverEnd Materials (“Content“) that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the DeliverEnd Materials via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as hereinafter defined in Section 12) for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information (PII) that you post to your Third-Party Accounts may be available on and through your Account on the DeliverEnd Materials. Please note that if a Third-Party Account or associated service becomes unavailable or DeliverEnd’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the DeliverEnd Materials. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DELIVEREND DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. DeliverEnd makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and DeliverEnd is not responsible for any SNS Content.
    6. Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data“); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the DeliverEnd Materials under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the DeliverEnd Materials by minors. You may not share your Account or password with anyone, and you agree to (1) notify DeliverEnd immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or DeliverEnd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DeliverEnd has the right to suspend or terminate your Account and refuse any and all current or future use of the DeliverEnd Materials (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. DeliverEnd reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the DeliverEnd Materials if you have been previously removed by DeliverEnd, or if you have been previously banned from any of the DeliverEnd Materials.
    7. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the DeliverEnd Materials, including but not limited to, a mobile device that is suitable to connect with and use the DeliverEnd Materials, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the DeliverEnd Materials.

 

  1. RESPONSIBILITY FOR CONTENT.
    1. Types of Content. You acknowledge that all Content, including the DeliverEnd Materials, is the sole responsibility of the party from whom such Content originated. This means that you, and not DeliverEnd, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the DeliverEnd Materials (“Your Content”), and other users of the DeliverEnd Materials, and not DeliverEnd, are similarly responsible for all Content they Make Available through the DeliverEnd Materials (“User Content“).
    2. No Obligation to Pre-Screen Content. You acknowledge that DeliverEnd has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although DeliverEnd reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that DeliverEnd pre-screens, refuses or removes any Content, you acknowledge that DeliverEnd will do so for DeliverEnd’s benefit, not yours. Without limiting the foregoing, DeliverEnd shall have the right to remove any Content that violates the Terms or is otherwise objectionable. 
    3. DeliverEnd Materials. Except with respect to Your Content and User Content, you agree that DeliverEnd and its suppliers own all rights, title and interest in the DeliverEnd Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the DeliverEnd Materials.
    4. DeliverEnd and other related graphics, logos, service marks and trade names used on or in connection with the DeliverEnd Materials or in connection with the Services are the trademarks and/or intellectual property of DeliverEnd and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the DeliverEnd Materials are the property of their respective owners.
    5. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the DeliverEnd Materials.
    6. Your Content. DeliverEnd does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the DeliverEnd Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
    7. License to Your Content. Subject to any applicable account settings that you select, you grant DeliverEnd a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the DeliverEnd Materials, including workspaces. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not DeliverEnd, are responsible for all of Your Content that you Make Available on or in the DeliverEnd Materials.
    8. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the DeliverEnd Materials, you hereby expressly permit DeliverEnd to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
    9. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of DeliverEnd.
    10. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.
    11. You agree that submission of any ideas, suggestions, documents, and/or proposals to DeliverEnd through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that DeliverEnd has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to DeliverEnd a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the DeliverEnd Materials.

 

  1. USER CONDUCT.
    1. Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms): (a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the DeliverEnd Materials (including your Account), or access to or use of the DeliverEnd Materials; or (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
    2. Unauthorized Use or Access. You agree that you will not, under any circumstances:
      1. Interfere or attempt to interfere with the proper functioning of the DeliverEnd Materials or connect to or use the DeliverEnd Materials in any way not expressly permitted by the Terms;
      2. Systematically retrieve data or other content from our DeliverEnd Materials to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
      3. Use, display, mirror or frame the DeliverEnd Materials, or any individual element within the DeliverEnd Materials, DeliverEnd’s name, any DeliverEnd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DeliverEnd’s express written consent;
      4. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the DeliverEnd Materials or that is in transit from or to the DeliverEnd Materials, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the DeliverEnd Materials;
      5. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the DeliverEnd Materials, whether through the use of a network analyzer, packet sniffer or other device;
      6. Make any automated use of the DeliverEnd Materials, or take any action that imposes or may impose (in DeliverEnd’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the DeliverEnd Materials;
      7. Bypass any robot exclusion headers or other measures DeliverEnd takes to restrict access to the DeliverEnd Materials, or use any software, technology or device to send content or messages, scrape, spider or crawl the DeliverEnd Materials, or harvest or manipulate data; 
      8. Use, facilitate, create, or maintain any unauthorized connection to the DeliverEnd Materials, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the DeliverEnd Materials; or (ii) any connection using programs, tools or software not expressly approved by DeliverEnd;
      9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the DeliverEnd Materials, or to obtain any information from the DeliverEnd Materials;
      10. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the DeliverEnd Materials;
      11. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      12. Solicit or attempt to solicit personal information from other Registered Users of the DeliverEnd Materials;
      13. Use the DeliverEnd Materials to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
      14. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the DeliverEnd Materials to send altered, deceptive or false source-identifying information; or
      15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
    3. In connection with your use of the DeliverEnd Materials, you shall not:
      1. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; or (vi) promotes illegal or harmful activities;
      2. Harm minors in any way;
      3. Impersonate any person or entity, including, but not limited to, DeliverEnd personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
      5. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
      6. Register for more than one Account or register for an Account on behalf of an individual other than yourself;
      7. Stalk or otherwise harass any other user with which you interact through the DeliverEnd Materials (including a Driver or anyone associated therewith); or
      8. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
    4. DeliverEnd may, but is not obligated to, monitor or review the DeliverEnd Materials and Content at any time. Without limiting the foregoing, DeliverEnd shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although DeliverEnd does not generally monitor user activity occurring in connection with the DeliverEnd Materials or Content, if DeliverEnd becomes aware of any possible violations by you of any provision of the Terms, DeliverEnd reserves the right to investigate such violations, and DeliverEnd may, at its sole discretion, immediately terminate your license to use the DeliverEnd Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
    5. Interactions with Other Registered Users.
      1. Registered User Responsibility. You are solely responsible for your interactions with other Registered Users of the Services and any other parties with whom you interact through the Services; provided, however, that DeliverEnd reserves the right, but has no obligation, to intercede in such disputes. You agree that DeliverEnd will not be responsible for any liability incurred as the result of such interactions and you agree to cooperate with and assist DeliverEnd in good faith with any dispute, and to provide DeliverEnd with such information and take such actions as may be reasonably requested by DeliverEnd, in connection with any complaints or claims made by Customers.
      2. Content Provided by Other Registered Users. The DeliverEnd Materials may contain User Content provided by other Registered Users. DeliverEnd is not responsible for and does not control User Content. DeliverEnd has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Registered Users at your own risk.

 

  1. THIRD-PARTY SERVICES. The DeliverEnd Materials may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites  and Ads”). When you click on a link to a Third-Party Website and Ads, we will not warn you that you have left the DeliverEnd Materials and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Ads are not under the control of DeliverEnd. DeliverEnd is not responsible for any Third-Party Websites and  Ads. DeliverEnd provides these Third-Party Websites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites and Ads, or their products or services. 

 

  1. FEES AND PURCHASE TERMS. There are no fees for browsing or using our Services other than those fees for Work Orders described in Section 1 herein.

 

  1. INDEMNIFICATION. You agree to indemnify and hold DeliverEnd, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “DeliverEnd Parties“) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the DeliverEnd Materials; (c) your violation of the Terms; (d) your violation of any rights of another party; (e) your violation of any applicable laws, rules or regulations; and (f) the contents of your Shipment including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind. DeliverEnd 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 DeliverEnd in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the DeliverEnd Materials.

 

  1. DISCLAIMER OF WARRANTIES.
    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE DELIVEREND MATERIALS IS AT YOUR SOLE RISK, AND THE DELIVEREND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE DeliverEnd PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. BY USING THE SERVICE, YOU OR YOUR SHIPMENTS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE. YOU USE THE SERVICE AT YOUR OWN RISK.
    3. THE DELIVEREND PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE DeliverEnd MATERIALS OR ANY PROPERTY ACCESSED AS A RESULT OF YOUR USE OF THE DELIVEREND MATERIALS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE DELIVEREND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DELIVEREND MATERIALS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE DELIVEREND MATERIALS WILL BE CORRECTED.
      1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DELIVEREND OR THROUGH THE DeliverEnd MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      2. FROM TIME TO TIME, DELIVEREND MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS REGISTERED USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT DELIVEREND’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
    4. Limitation of Liability.
      1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE DELIVEREND PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVEREND MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DELIVEREND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE DELIVEREND MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE DELIVEREND MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE DELIVEREND MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DELIVEREND MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE DELIVEREND MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
      2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL THE DELIVEREND PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY DELIVEREND FROM YOU FOR THE APPLICABLE SHIPMENT FOR WHICH YOU ASSERT A CLAIM, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5(A) HEREIN IF YOU HAVE NOT PAID DELIVEREND ANY AMOUNTS IN SUCH PERIOD, DELIVEREND’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
      3. User Content. DELIVEREND PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. 
      4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DELIVEREND AND YOU.
      5. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

  1. TERM AND TERMINATION.
    1. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect until you cease to use the DeliverEnd Materials, unless terminated earlier in accordance with the Terms, except for those terms that survive termination.
    2. Prior Use. Notwithstanding the foregoing, if you used the DeliverEnd Materials prior to the date you accepted these Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the DeliverEnd Materials (whichever is earlier) and will remain in full force and effect while you use the DeliverEnd Materials, unless earlier terminated in accordance with the Terms.
    3. Termination of Services by DeliverEnd. DeliverEnd has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in DeliverEnd’s sole discretion and that DeliverEnd shall not be liable to you or any third party for any termination of your Account.
    4. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. DeliverEnd will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability, dispute and dispute resolution, release, indemnification, confidentiality, non-compete and non-solicitation provisions.
    5. If DeliverEnd becomes aware of any possible violations by you of the Terms, DeliverEnd reserves the right to investigate such violations. If, as a result of the investigation, DeliverEnd believes that criminal activity has occurred, DeliverEnd reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. DeliverEnd is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the DeliverEnd Materials, including Your Content, in DeliverEnd’s possession in connection with your use of the DeliverEnd Materials, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of DeliverEnd, its Registered Users or the public, and all enforcement or other government officials, as DeliverEnd in its sole discretion believes to be necessary or appropriate.
    6. In the event that DeliverEnd determines, in its sole discretion, that you have breached any portion of the Terms, including but not limited to non-payment or have otherwise demonstrated conduct inappropriate for the DeliverEnd Materials, DeliverEnd reserves the right to:
      1. Warn you via e-mail (to any e-mail address you have provided to DeliverEnd) that you have violated the Terms;
      2. Delete any of Your Content provided by you or your agent(s) to the DeliverEnd Materials;
      3. Discontinue your registration(s) with the any of the DeliverEnd Materials, including any Services or any DeliverEnd community;
      4. Discontinue your use  of any Services;
      5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
      6. Pursue any other action which DeliverEnd deems to be appropriate. 
  2. NO SUBSEQUENT REGISTRATION. If your registration(s) with or ability to access the DeliverEnd Materials, or any other DeliverEnd community is discontinued by DeliverEnd due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the DeliverEnd Materials or any DeliverEnd community through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those DeliverEnd Materials to which your access has been terminated. In the event that you violate the immediately preceding sentence, DeliverEnd reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  3. INTERNATIONAL USERS. The DeliverEnd Materials may be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that DeliverEnd intends to announce such Services or Content in your country. The DeliverEnd Materials are controlled and offered by DeliverEnd from its facilities in the United States of America. DeliverEnd makes no representations that the DeliverEnd Materials are appropriate or available for use in other locations. Those who access or use the DeliverEnd Materials from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  4. GENERAL PROVISIONS.
    1. Electronic Communications. The communications between you and DeliverEnd use electronic means, whether you visit the DeliverEnd Materials or send DeliverEnd e-mails, or whether DeliverEnd posts notices on the DeliverEnd Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from DeliverEnd in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DeliverEnd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
    2. You hereby release DeliverEnd Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the DeliverEnd Materials, including but not limited to, any interactions with or conduct of other users (Registered Users or otherwise) or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the DeliverEnd Materials. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
    3. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DeliverEnd’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    4. Force Majeure. DeliverEnd shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    5. If you believe that DeliverEnd has not adhered to the Terms, please contact DeliverEnd by emailing us at support@DeliverEnd.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
    6. Limitations Period. YOU AND DELIVEREND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE DELIVEREND MATERIALS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    7. Dispute Resolution; Class Waiver; Waiver of Trial by Jury. Read this section carefully. It is part of your contract with DeliverEnd and affects your rights. It contains procedures for LITIGATION AND JURY TRIAL AND CLASS ACTION WAIVERS.
    8. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by DeliverEnd that cannot be resolved informally shall be resolved by litigation on an individual basis under the terms herein. This provision applies to you and DeliverEnd, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. DeliverEnd shall be entitled to its costs, attorney’s fees and expenses (including expert witness, service of process and court reporter fees) incurred in its enforcement of any of the terms of the Agreement.
    9. Notice Requirement and Informal Dispute Resolution. Notice Requirement and Informal Dispute Resolution. Before either party may file litigation, the party must first send to the other party a written Notice of Dispute (“Notice“) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to DeliverEnd should be sent to: support@DeliverEnd.com. After the Notice is received, you and DeliverEnd may attempt to resolve the claim or dispute informally. If you and DeliverEnd do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may proceed to litigation.
    10. Jurisdiction and Venue. All such claims shall be filed and heard in the state and federal courts serving Marion County, Indiana.
    11. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.
    12. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
    13. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
    14. Emergency Equitable Relief. Notwithstanding the foregoing, DeliverEnd may seek emergency equitable relief in the aforesaid state or federal court in order to maintain its claims in equity.
    15. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Indiana, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
    16. Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
    17. Where DeliverEnd requires that you provide an e-mail address, you are responsible for providing DeliverEnd with a valid e-mail address that is in regular use by you. In the event that the last e-mail address you provided to DeliverEnd is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, DeliverEnd’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice to you. You may give notice to DeliverEnd at the following address: Shipper Technologies, LLC, ATTN: Customer Service, 525 S Meridian St. Suite GA. 3, Indianapolis, IN 46225. Such notice shall be deemed given when received by DeliverEnd by letter delivered by nationally recognized overnight delivery service or two (2) days after mailing by certified mail, return receipt requested and by first class, postage prepaid mail.
    18. Any waiver or failure to enforce any provision of the Terms on one occasion by DeliverEnd must be in writing and will not be deemed a waiver of any other provision or of such provision on any other occasion or any future breach or violation.
    19. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    20. Export Control. You may not use, export, import, or transfer the DeliverEnd Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the DeliverEnd Materials, and any other applicable laws. In particular, but without limitation, the DeliverEnd Materials may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the DeliverEnd Materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the DeliverEnd Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by DeliverEnd are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer DeliverEnd products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    21. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.