Welcome to the Fele Express Application (“Fele Express App”), the App that connects businesses and individuals seeking delivery service for shipments of packages and materials (“Users”) and businesses who provide such delivery services for such shipments (“Delivery Partners”).  Users and Deliver Partners can connect by accessing the Fele Express App to arrange for deliveries.  

This Fele Express User Enrollment Agreement, along with the Fele Express Application General Terms of Use, governs the terms and conditions of the business relationship between you and Fele Express  (the “Company”) with respect to your use of the Fele Express App.  Please make sure to carefully read through the terms of this Agreement as it is a binding legal agreement setting forth the rights and obligations between the Company and you, the User.  

In this Agreement, the word “Services” means the INFORMATION MATCHING SERVICES PROVIDED BY COMPANY, IN PROVIDING THE FELE EXPRESS APP AND OTHER RELATED APPLICATIONS, AND ALLOWING YOU TO CONNECT WITH DELIVERY PARTNERS UNDER THE FELE EXPRESS APP AND RELATED APPLICATIONS.  The word “Shipments” refers to mutually agreed deliveries of approved shipments arranged between Users and Delivery Partners, under the Fele Express App.  The word “Shipment Delivery” refers to the service whereby a Delivery Partner delivers the agreed upon Shipment according to your (the User’s) specifications. 

NOTICE:  THIS AGREEMENT REQUIRES ALL DISPUTES BETWEEN USER AND THE COMPANY TO BE RESOLVED BY WAY OF BINDING ARBITRATION.  THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 11 OF THIS AGREEMENT. IN PARTICULAR, THIS SECTION, WITH LIMITED EXCEPTIONS, REQUIRES DISPUTES BETWEEN USER AND THE COMPANY TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS USER OPTS OUT OF THE ARBITRATION AGREEMENT: (1) USER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING; AND (2) USER IS WAIVING ITS RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.  THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS LITIGATION.  PLEASE SEE SECTION 11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.  

BY CLICKING “AGREE” TO THIS AGREEMENT, YOU AFFIRM THAT:

• YOU HAVE READ AND UNDERSTAND THESE TERMS;
• YOU AGREE TO AND WILL COMPLY WITH THESE TERMS;
• YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES.

In consideration of the User being allowed access to the Fele Express App and the opportunity to procure Shipment Deliveries through Delivery Partners on the Fele Express App, as well as mutual promises described herein, the Company and User (collectively “the parties”) agree as follows:  

1. SERVICES: 

User understands and acknowledges that the Fele Express App and the Services are designed for small businesses, commercial customers and individual customers requiring delivery of correspondence and packages only.  The scope of Services provided through the Fele Express App are strictly limited.  The following restrictions apply: 

1. The Fele Express App and the Services are strictly limited to movement of goods and materials via road transportation.  User will not attempt to transport persons or animals.  
2. User will only use the Services for lawful purposes.  User will not use the Services for sending or storing any unlawful shipments or materials or for deceptive or fraudulent purposes.  User will not engage in conduct that harms other Users and Delivery Partners.
3. User will not use another User’s or Delivery Partner’s account or mobile device, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content, materials or shipments transmitted through the Services. User will not use the Services to cause nuisance, annoyance or inconvenience.  It is the User’s responsibility to take care of the User’s account and password.  Any action taken by a User’s account shall be deemed to be an action of the User themselves.  
4. User will not transport hazardous materials as part of its Shipment. “Hazardous materials” means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter including:  flammable liquids and solids; explosives; fireworks; “dangerous when wet” materials; combustible liquids; aerosols or compressed gas; poisonous gas and materials; toxins; radioactive materials; and other products and materials as designated in 49 CFR 172.101. 
5. User will not transport alcohol or tobacco products as part of its Shipment if prohibited by local law or regulation.  User shall be permitted to deliver alcohol and/or tobacco products if local laws or regulations permit the transportation of alcohol and/or tobacco products.

1. INDEPENDENT RELATIONSHIP: 

1. User agrees that User, the Company, and the Delivery Partner are independent parties and that no agency relationship, representation relationship, or employment relationship is formed between the User, the Company, and the Delivery Partner by virtue of User’s use of the Services.
2. Pursuant to the applicable laws and Fele Express’s privacy policy, the User acknowledges and Agrees that the Company has the right to disclose the User’s information to the Delivery Partners for the purposes of carrying out the Shipments and Shipment Deliveries.
3. The User acknowledges and agrees that the Company reserves the right to restrict or log out a User’s account if the User breaches any of the platform’s rules, privacy policies or in accordance with any business adjustments.

1. USER’S REPRESENTATIONS AND WARRANTIES: 

1. User warrants that it is either the owner or the authorized agent of the owner of the goods and materials comprising any requested Shipments, and that the User is authorized to order that the Shipments be made in accordance with the User’s instructions.  User warrants that he or she is at least the age of legal majority in both the jurisdiction where User resides and uses the Service, and is otherwise legally competent to enter into contracts. The User warrants that it has accepted these terms not only for such User but (if applicable) also as agents for and on behalf of the owner of the goods and materials comprising Shipments.
2. User understands that the Delivery Partners will be directed by your instructions to transport the Shipments to your designated delivery location. You agree that neither the Delivery Partner nor the Company holds title to or acquires any ownership interest in any Shipments that you request to be delivered through the Services.
3. User represents and warrants that before entrusting Delivery Partner with the Shipment, User will verify the Delivery Partner’s identity by confirming the following: the condition of the vehicle; the vehicle’s license plate; and the Delivery Partner’s license.  User warrants that the User alone will decide whether or not to accept the Delivery Partner for a specific Shipment.
4. User shall give to the Delivery Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between the User’s provided information and the actual situation or facts involved shall be borne by the User. Any amendment or change to a User’s instructions or orders (and any pricing or cost changes triggered by such amendment or change) must be approved and updated in the Fele Express Application. 
5. User warrants that it has complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and materials comprising Shipments. User shall not dispatch (and Delivery Partners are entitled to refuse delivery of) any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. User is liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third-party as a result of a User’s breach of these Terms. User acknowledges that Delivery Partners and/or their drivers will not open and inspect Shipments nor be responsible for the transportation of special goods.  The Company, Delivery Partners, and/or drivers shall bear no responsibility or any legal liability resulting from the transportation of Shipments.
6. User shall ensure that Shipments are adequately packed to protect against damage in the course of transmission, and also that no part of any Shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part.
7. User shall ensure that Shipments are properly packaged so as to protect against damage to the Shipments during the course of delivery, and in particular, in the case of a Shipment of a fragile nature, that Shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the Shipment is guarded against damage that may result from any force, pressure or blows to which delivery items are ordinarily subject during the course of delivery and that such fragile Shipments shall bear the word “FRAGILE” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee. 
8. User shall ensure that Shipments are properly packaged so as to protect against damage to the Shipments during the course of delivery, and in particular, in the case of a Shipment which is susceptible to damage by bending, that the Shipment shall be packed in a case or container of sufficient durability and strength to prevent the shipment from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words “DO NOT BEND” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
9. Company shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the User’s risk for any damages arising from the transportation.
10. The User agrees to provide all necessary information for each Shipment, including without limitation:

1. The User’s name, address (including the postal code) and telephone number;
2. The Recipient’s name, delivery address (including the zip code) and telephone number;
3. Any special precautions to be taken in respect of the Shipment e.g. “FRAGILE”, “PERISHABLE”, “DO NOT BEND” etc.;
4. Any applicable delivery instructions, including whether a signature is required, whether the Shipment can be left unattended, etc.;
5. Payment Card details as to where the payment for the Shipments can be billed.  (See “Payments” below). 

1. In the event that the Recipient is found to be absent from the address specified by the User, no other person is present to take the Shipment, and no other instructions have been provided by the User, the Delivery Partner will contact the User (at the number provided by User) to return the Shipment to the User or to request further instructions on how to proceed. As a last resort, and in the event Delivery Partner cannot contact the User, the User’s items will be delivered to Company’s local office and the charge for this additional Shipment delivery will be borne by the User. Should a redelivery of items be needed, a new delivery order will be placed and billed. 
2. The User understands and agrees that pursuant to the TERMS AND CONDITIONS, the User may be subject to additional fees or charges in the event that the User makes the Delivery Partner wait for ten minutes or more for a Shipment.  In addition, the User understands that it may be subject to a cancellation fee if the Shipment is not cancelled within five minutes of an immediate order or within two hours of a pick-up time for advance orders.  
3. The User accepts that the Delivery Partner cannot allow passengers on board the driver’s vehicle as the Services strictly cover only the delivery of Shipments and not any passengers.
4. The User agrees that the Company has used its reasonable efforts to confirm the driving history of the Delivery Partners and recognizes that the Company is not, and cannot be, responsible for a Delivery Partner’s failure (whether intentional or not) to disclose or update the Company as the Delivery Partner’s driving history changes.  The User agrees that it is not the Company’s responsibility to continue to confirm the accuracy of the Delivery Partner’s driving history.
5. For all Shipments arranged through the Fele Express App, Users agree to make all payments to Delivery Partners or their drivers through the Fele Express App and will not pay any Delivery Partners or their drivers in cash or through means other than directly through the Fele Express App.

1. PAYMENT:

User understands and agrees that by using the Services it is agreeing to pay for a Shipment Delivery service.  The User understand and agrees that the prices displayed to User while placing an order are an estimation only, and are provided for reference.  The details of the pricing for each Shipment Delivery will be shown on the payment page upon completion of the delivery.  Once the User makes a payment, the User will be deemed to have accepted the price.

The User understands and agrees that the User – not the Company – is responsible for paying all charges and fees associated with the Shipment.  Once a User submits an order, the Company will place a charge on the payment card account User has provided in an amount equal to 100% of the applicable standard charges, plus applicable taxes, any additional charges, and a gratuity (a “Tip”) to the Delivery Partner or its driver. Company reserves the right to change its prices charged at any time, at its discretion.  

Any payment made by User is made electronically and processed by a third party and deposited into the Company’s account for payment to the Delivery Partner.  By entering into this Agreement, User waives and releases any claim against Company with respect to any acts, omissions or errors by the third party.  The Company has sole discretion to determine the third-party processing company.  User hereby also authorizes the Company to share all necessary information belonging to User to facilitate payment via the third-party processor, including, but not limited to, payment card information and e-wallet information. User can utilize the “User Wallet” and use balances in the wallet for Shipment Delivery fees.

User acknowledges and agrees that the Shipment Delivery starts from the point when the goods are on the Delivery Partner’s vehicle and ends at the point when the vehicle has reached the designated address.  As a result, the loading and unloading work is not within the scope of the Shipment Delivery, and the price shown while placing the order is estimated according to the Shipment Delivery and the price charged by the Company for the information matching service it provides.An additional service can be selected if the User needs assistance loading or unloading the Shipment.     No cash transactions will be allowed, and offline payment of the Shipment Delivery Fee is prohibited. 

 

1. PROMOTIONS

User understands and agrees that the Company, at its sole discretion, may make available promotions, including discounts and coupons, through the Fele Express App. These promotions, unless specifically made available to you, shall have no bearing whatsoever on your relationship with the Company. The Company reserves the right to terminate, discontinue or cancel any promotions at any time and in its sole discretion without notice to you. You shall not use the promotions for any other commercial activities.  Your participation in any promotional program shall be is subject to this agreement, and the terms of the Fele Express App. 

1. INTELLECTUAL PROPERTY RIGHTS:

Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Fele Express App, technology platform, software and the Services. This Agreement does not constitute a sale and does not convey to User any rights of ownership in or related to the Fele Express App, technology platform, software and the Services, or any intellectual property rights owned by Company. Company names, Company logos, and the product names associated with the Applications, technology platform, software and the Services are trademarks and/or intellectual property of Company or third parties, and no right or license is granted to use them. User agrees that it will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Applications, technology platform, software and the Services.  Any malicious or unauthorized use of the Fele Express App, including, but not limited to, scalping orders, using plug-ins, reverse engineering the Fele Express App, and using the Fele Express App for unintended and/or unauthorized purposes is strictly prohibited and will constitute a material breach of this Agreement.  

1. INDEMINFICATION AND LIMITATION OF LIABILITY

User agrees to defend, indemnify and hold harmless Company, as well as its past and present successors, assigns, officers, owners, employees, and agents (“Fele Express Indemnitee”) from any and all losses, actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, claims for payment, deficiencies, fines, judgments, settlements, liabilities, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or incurred in connection with claims asserted by a third-party against a Fele Express Indemnitee arising directly or indirectly from, or as a result of or in connection with, User’s (or User’s agent’s, employee’s or subcontractor’s) (i) breach of this Agreement; (ii) conduct with respect to the Fele Express App, technology platform, Services, and/or Shipment Deliveries; (iii) violation or alleged violation of any law or the rights of any third party, including, without limitation, other users of the Fele Express platform, Delivery Partners, drivers, employees, subcontractors, assigns, and pedestrians; (iv) disclosure of “Confidential Information”; (ix) wrongdoing, violation of policy, violation of law or other misconduct Under Delivery Partner’s duty to defend, Company shall be entitled to use its own counsel.  

User acknowledges that Delivery Partner not the Company, is responsible for all Shipments and all Shipment Deliveries while transporting Shipments.  User agrees the Company has no control or responsibility over Shipments or Shipment Deliveries, the Delivery Partner, or the Delivery Partner’s drivers or employees.  User agrees that the Company only has control or responsibility for the functioning of the Fele Express App and the provision of the information matching service provided therein.  User agrees that the Company will not be responsible or liable for any actions, wrongdoing, losses or damages suffered by the User as a result of a third-party, a Delivery Partner, its drivers, or employees or to any damage occurring to any Shipment.  In no event will the Company be liable to User arising out of except if such action is willful breach of this Agreement or gross negligence. 

User further agrees and acknowledges that it will not and cannot hold Company liable for any issues beyond the Company’s direct control, including any acts of God, loss of power, disruption of power, shutdown or technical difficulties with the Fele Express App, system maintenance, failure of other cellular reception, failure of other service providers, cancelation of services by other third-parties, pandemic, epidemics, outbreaks, the COVID 19 pandemic, strikes, labor disputes, civil disturbances, hostilities, war, natural disasters, flood, fire, sabotage, accident, loss or destruction of property, intervention by governmental entities, change in laws, regulations or orders, or other events or circumstances or causes beyond the Company’s direct control.  

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE COMPANY’S TECHNOLOGY (INCLUDING THE APP AND ANY ENROLLMENT, ORDER OR SHIPMENT), SERVICES PERFORMED BY DELIVERY PARTNERS AND/OR THEIR DRIVERS, OR SERVICES PROVIDED BY THIRD PARTIES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED], PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT ALWAYS APPLY.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED $100 OR THE COST OF THE CONTESTED SHIPMENT DELIVERY, WHICHEVER IS LESS.

1. THIRD PARTY SITES AND SERVICES

The Services may link to or may be used to access certain third-party sites, advertisements, or other services or resources that are provided by third-parties. These links are provided for your convenience only. We have no control over the content of those sites, services, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, services, or resources linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such sites.

 

1. TERMINATION OF SERVICES

User agrees that the Company may stop providing the Services at any time, or create limits on use of the Services.  Termination will not limit any of Company’s other rights or remedies.  The provisions of this Agreement shall survive any termination of services.  

1. ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS AND REMEDIES AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED.  

Applicable Law: Except to the extent inconsistent with or preempted by federal law, these terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide.  User and Company agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these terms. 

Prohibition of Class and Representative Actions: USER AND COMPANY (INCLUDING ALL PARENTS, SUBSIDIARIES, AFFILIATED ORGANIZATIONS AND EMPLOYEES) AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OR PROCEEDING.

Agreement to Arbitrate: User and Company agree that any dispute between User and the Company (including its parent, subsidiary, affiliate, and/or employee) arising from or relating to User’s and Company’s relationship, User’s use of the Fele Express App, provision of delivery services, or any other matter or conflict reflected in this Agreement, including, but not limited claims regarding the interpretation, breach, termination, validity or enforceability of this Agreement (collectively, “Covered Disputes”) will be resolved exclusively through final and binding arbitration administered and conducted by the American Arbitration Association (“AAA”) in accordance with its rules (specifically its rules and procedures for consumer-related disputes) in effect on the date thereof (“AAA Rules”).  

Arbitration Procedures: Prior to initiating any legal action, the initiating party will give the other party at least 60 days’ advanced written notice.  Company will provide such notice by email to the email address associated with User’s Account and User must provide such notice to Company by email at support@feleexpress.com.  If, after the 60-day notice period ends, either User or Company decide to initiate arbitration, the initiating party must provide the other party with a Demand for Arbitration as specified in the AAA Rules.  

The AAA’s Rules govern all filing, administration and arbitrator fees.  If, however, User is able to demonstrate that the costs of arbitration are prohibitive for User as compared to the costs of litigation, Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for User.  If the arbitrator determines that any claim User asserts in the arbitration is frivolous or brought for an improper purpose, User agrees to reimburse Company for all fees associated with the arbitration that Company paid on User’s behalf which User otherwise would be obligated to pay under the AAA Rules.

A single arbitrator will be selected in accordance with the AAA Rules.  The arbitration shall be conducted in English.  Any arbitration shall be held in the county in which User resides or at another mutually agreed upon location.  If the value of the relief sought is $10,000 or less, User or Company may elect to have the arbitration conducted by telephone or based solely on written submission, which election shall be binding on User and Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances so warrant.  In cases where an in-person hearing is held, User or Company may attend by telephone, unless the arbitrator requires otherwise.  

Subject to the limitations of liability contained in this Agreement, the arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.  The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives.  The arbitrator will apply applicable law and the provisions of this Agreement, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.  The arbitrator’s decision must be with written explanation and remain confidential. 

If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will a class, representative or private attorney general arbitration be permitted).  Regardless of any statute or law to the contrary, notice on any Covered Dispute must be made within one (1) year after such claim arose or be forever barred.  For purposes of this section, the terms of this Agreement and related transactions are subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Opt-Out Procedures: You may choose to opt-out of these arbitration provisions by sending a written notice (“Opt-Out Notice”) within 30 days after the date you accept the terms of this Agreement for the first time.  You may send your Opt-Out Notice by mail or hand delivery to 2919 Commerce Street, Suite 303, Dallas, TX, 75226 or by email from the email address associated with your Account to support@feleexpress.com (with “Opt-Out of Agreement to Arbitrate” in the subject line).  Your Opt-Out Notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.

Amendments: If Company amends these arbitration provisions after the date on which you first agreed to these terms, you may reject the changes to the arbitration provisions by sending a written notice (“Rejection Notice”) within 30 days after the Effective Date of the terms containing the changes.  You may send your Rejection Notice by mail or hand delivery to 2919 Commerce Street, Suite 303, Dallas, TX, or by email from the email address associated with your Account to support@feleexpress.com (with “Rejection of Agreement to Arbitrate” in the subject line).  Your Rejection Notice must include your full name and clearly indicate your intent to reject changes to the arbitration provisions.  After your rejection of changes is effective, you will resolve any Covered Dispute in accordance with the provisions of the arbitration provisions in effect prior to the date the rejected amendment was first distributed to User. 

Judicial Forum for Disputes: In the event that the arbitration provisions described above are found not to apply to User or to a particular dispute or claim, either as a result of User’s decision to opt out of these provisions or as a result of a decision by the arbitrator or a court order, User and Company agree that any dispute or claim that has arisen or may arise between User and Company must be resolved exclusively in the state or federal courts of the State of Delaware.  User and Company agree to submit to the personal jurisdiction of the state or federal courts of the State of Delaware.  

Disputes Outside the United States: By agreeing to these terms, User explicitly agrees that any claims or actions that User may otherwise have against Company under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of User’s own country, and that User’s sole location and applicable law for any disputes is in the United States according to the terms of this agreement to arbitrate.  THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A LEGALLY COMPETENT COURT OF THE JURISDICTION IN WHICH YOU RESIDE.

1. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

1. MODIFICATIONS

The Company reserves the right to change the terms of this Agreement from time to time.  In the event of such a modification, the Company will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).  We encourage you to review these terms periodically to stay informed about our practices.  Whenever we make changes to these terms, they are effective when the revised terms are posted unless we notify you otherwise.  If you continue to use the Fele Express App or engage in providing Shipment Deliveries through the Fele Express App, then you will be deemed to have accepted the changes to these terms.  

1. SEVERABILTY

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction and the application to such facts and circumstances, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or the application thereof to other facts and circumstances, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.  

1. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between the parties related to the User’s relationship to the Company.  This Agreement will be read in conjunction with the Fele Express Application’s General Terms of Use Agreement.

1. NO WAIVER

The failure of Company or User in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect. 

1. E-SIGN DOCUMENTS

You also consent to the use of an electronic record to document your agreement with Company.  You may withdraw your consent to the use of the electronic record by emailing Company at privacy.us@lalamove with “Revoke Electronic Consent, [City Name]” in the subject line.  

1. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Delaware and shall be interpreted in accordance with applicable federal and state laws, rules and regulations. 

1. SUCCESSORS

This Agreement may not be assigned by either party hereto without the prior written consent of the other party, provided however, that: (i) Company may assign this Agreement to any subsidiary or affiliate of Company provided that such subsidiary or affiliate execute an agreement agreeing to be bound by the terms and conditions hereof; and (ii) in the event of any merger, consolidation, sale or other transfer of assets or business of Company, or any substantial part thereof, to or with another entity, Company may assign this Agreement to such new entity provided that such entity execute an agreement agreeing to be bound by the terms and conditions of this Agreement.  

1. CAPTIONS

Captions appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify or otherwise affect the terms and provisions of this Agreement.