Thank you for visiting the DELIVERY EDGE™ website located at www.delivery-edge.com. (the "Site"). The Site is an Internet property of Delivery Edge, LLC ("Delivery Edge™," "we," "us"). You agree to the following Terms and Conditions ("Terms and Conditions"), in their entirety, when you: (a) access or use our Site; and/or (b) register as a member on the Site ("Member"), which enables you to access the various Member-based services detailed below ("Services"). These Terms and Conditions are inclusive of the Delivery Edge™ Privacy Policy ("Privacy Policy") and any and all other applicable Delivery Edge™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Services and/or Site in any manner or form whatsoever.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services and/or Site. The Agreement constitutes the entire and only agreement between you and Delivery Edge™ with respect to your use of the Services and/or Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, the content contained therein and/or the products and services provided by or through same. Delivery Edge™ may change the Agreement, and the scope and functionality of the Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Services and/or Site following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Delivery Edge™ is not responsible or liable in any manner whatsoever for your inability to use the Services and/or Site.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU SHOULD DISCONTINUE REGISTRATION FOR OR, IF YOU HAVE ALREADY REGISTERED, YOUR USE OF, SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOUR APPLICABLE SERVICES ACCOUNT, IF ANY, WILL NOT BE ACTIVATED BY Delivery Edge™ OR, IF YOU HAVE ALREADY REGISTERED, YOUR APPLICABLE ACCOUNT WILL BE TERMINATED BY Delivery Edge™.
2. Requirements. The Site and/or the Services are available only to residents of the United States that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
3. Description of the Site/Services. Subject to the terms and conditions of the Agreement, end-user visitors to the Site that possess the requisite technology and receive approval from Delivery Edge™, shall have the opportunity to apply for and obtain the Services. Services will enable you to: (a) create a unique email address using the Delivery Edge™ domain ("OEAD Address"); (b) receive one (1) email message a day ("Daily Email") that contains links to all of the email messages sent to your OEAD Address during the previous twenty-four (24) hour period; and (c) utilize your email account administrative features to: (i) create and manage filters whereby you can "whitelist" or block email from certain senders; (ii) organize categories for purposes of organizing the links appearing in your Daily Email; (iii) utilize an email forwarding service whereby emails sent to your OEAD Address from designated senders will be forwarded to another email address that you provide; and (iv) utilize such other and further features as Delivery Edge™ may add from time to time. Notwithstanding the foregoing, Delivery Edge™ undertakes no responsibility to monitor or otherwise police the Daily Email, content and/or any third party contacting you via your OEAD Address. Delivery Edge™ does not represent or warrant that the content, descriptions of products, services and/or other information listed in the Daily Email is accurate or complete. Delivery Edge™ does not endorse or sanction any third parties contacting you via the Daily Email, or the products and services featured in any email message addressed to you. You understand and agree that Delivery Edge™ is not responsible or liable in any manner whatsoever for your inability to use the Services, or for any dispute between you and third party entities that contact you via your OEAD Address.
4. Registration/Account. In order to obtain Services, you must first submit the applicable application form ("Application") to Delivery Edge™ for review and initial approval. Delivery Edge™ reserves the right, in its sole discretion, to deny access to the Site and/or the Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain Services may include, without limitation, depending on the applicable Services requested: your full name, mailing address, e-mail address, billing telephone number, date of birth, gender, credit or debit card information (where applicable) and/or any other information requested on the applicable form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. Delivery Edge™ will verify and approve all registrants in accordance with its standard verification procedures.
Upon submission of your Application, Delivery Edge™ will set up your specific account ("Services Account") and send the welcome/activation e-mail to the e-mail address that you used to register for the applicable Services. The confirmation e-mail will contain the following information: (a) your User Name; and (b) your Password. You can access your specific Services Account at the Site using your User Name and Password, and then change your Password at your discretion. You are responsible for maintaining the confidentiality of your Services Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, User Name and Password.
5. Billing and Payment. In consideration for your use of the Services as a Member, you agree to pay the Fees (as defined below and further described in this Section 5). You shall have the choice to pay the Fees via the credit card or debit card that you provided during registration or updated at a later date ("Active Credit Card") or via your local telephone bill ("LEC Bill"). Where you opt for the Active Credit Card billing option, and upon submitting your Application, your Active Credit Card will be charged Fourteen Dollars and Ninety-Five Cents ($14.95) on a monthly basis for your ongoing Membership ("Fees"). The Fees will appear on your Active Credit Card bill through the identifier "Delivery Edge." Where you opt for the LEC Bill billing option, and upon submitting your Application, the Fees will be added to your local telephone bill each month. The Fees will appear on your local telephone bill through the identifier "Delivery Edge™." However, please be advised that Delivery Edge™ and your local telephone carrier are not affiliated. You agree that all such Fees may be automatically applied to your LEC Bill or Active Credit Card, as applicable, and that you have the authority to authorize such billing.
For so long as your Membership remains active, the Fees will accrue on the monthly anniversary date of your sign-up, and such Fees will be charged in advance. You acknowledge and agree that Delivery Edge™ will not obtain additional authorization from you for each monthly installment of the Fees charged to your Active Credit Card or LEC Bill, as applicable. Every time that you use the Services, you re-affirm that Delivery Edge™ is authorized to charge your Active Credit Card or LEC Bill, as applicable. You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, your use of the Services. All Fees are payable in United States currency. Failure to use the Services does not constitute a basis for refusing to pay any of the associated Fees. You agree to be bound by the pricing and billing practices of Delivery Edge™ in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Delivery Edge™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes. If you do not agree with these changes, or for any other reason, you may cancel your Services account at any time; provided, however, that: (a) you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees); (b) you shall not receive any pro-rata refund for partial months; and (c) we will not refund any amounts previously paid up to the date of cancellation or termination. Please have your Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Delivery Edge™. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum permitted by law. Your account may be deactivated, and access to the Site, as well as the Services denied, for non-payment.
Delivery Edge's™ authorization to provide and bill its services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Delivery Edge's™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
6. Promotions. This Section 6 contains additional terms and conditions applicable to various promotions offered from time to time at the discretion of Delivery Edge™ in connection with registering for the Service (each, a "Promotion"). You are only eligible for one (1) Promotion per Account, in the aggregate. Additionally, cancellation of your Account during the Rescission Period (as defined below in Section 7) will terminate your eligibility for any and all Promotions.
i. Presently, Delivery Edge™ is offering new Members the opportunity to sign up for a third party service that allows subscribers to route incoming telephone calls to designated telephone accounts of the subscribers' choosing (subscribers can have calls to the telephone numbers supplied by the service forwarded to the subscribers' home, business or mobile telephone numbers)("Phone Number Promotion"). The Phone Number Promotion is a limited time offer and will expire on or before one (1) year from the day that you start using the disposable phone service, unless otherwise extended by Delivery Edge™. Delivery Edge™ may terminate the Phone Number Promotion at any time, in its sole discretion. Please be advised that an unaffiliated third-party service provider operates and fulfills the Phone Number Promotion and, therefore, Delivery Edge™ shall have no liability arising out of and/or in connection with the Phone Number Promotion.
ii. From time to time, Delivery Edge™ offers new Members two weeks free trial of Services at the time of registration ("Free Trial Services Promotion"). All newly registered Members that sign up for the Free Trial Services Promotion will receive a free fourteen (14) days of Services ("Trial Period"). After the Trial Period has expired, Members will be billed each month thereafter pursuant to the terms set forth in Section 5 above, until such time that the Member cancels, or we terminate, Member's Account. Delivery Edge™ may terminate the Free Trial Services Promotion at any time, in its sole discretion.
7. Rescission Period. You may cancel your Account within seventy-two (72) hours from the date and time displayed on your activation e-mail ("Rescission Period") by e-mailing us at info@delivery-edge.com . If you cancel during the Rescission Period, your Account will be cancelled and you will not be charged the Fourteen Dollars and Ninety-Five Cent ($14.95) monthly fee. If you do not cancel during the Rescission Period, we will bill you pursuant to the terms set forth in Section 5 above, until such time that you cancel, or we terminate, your Account. After the Rescission Period has expired, you may cancel your Account at any time and not incur any future charges. However, any fees previously paid up to the date of cancellation or termination of your Account will not be refunded and you will remain liable for any and all unpaid charges billed by Delivery Edge™. If you cancel your Account during the Rescission Period, you will not be eligible for any Promotion.
8. Non-Endorsement/Independent Contractors. Delivery Edge™ operates the Services and Site as a neutral host, and Delivery Edge™ does not regularly monitor, regulate or police the use of the Services and/or Site by any of its participants. The participation in the Services and/or Site by a user, Member, third-party email marketer or otherwise does not constitute an endorsement by Delivery Edge™ of that user, Member, third-party email marketer or other third-party. Users, Members, third-party email marketers and other third-parties are independent parties and Delivery Edge™ does not, and shall not, have any responsibility or liability for the acts, omissions, agreements, promises, creative, products, services, comments, opinions, advice, statements, offers and/or other information provided by same. Nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between Delivery Edge™ and any user, Member, third-party email marketer or any other party. No user or Member has any authority to make or accept any offers or representations on behalf of Delivery Edge™.
9. License Grant. As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services and all other material posted or made available by and through the Services in accordance with the Agreement. Delivery Edge™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Delivery Edge™, as a user and/or Member, you may only use the Site and Services for your own personal use. No part of the Site including, but not limited to, the Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Services and/or any portion thereof. Systematic retrieval of the Services or other content from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Delivery Edge™ is prohibited. You may not create any "derivative works" by altering any aspect of the Site and/or Services. You may not use the Site and/or Services in conjunction with any other third-party content. You may not exploit any aspect of the Site and/or Services for any commercial purposes not expressly permitted by Delivery Edge™. Delivery Edge™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure and/or Services. You further agree to indemnify and hold harmless Delivery Edge™ for your failure to comply with this Section 9.
10. Proprietary Rights. The Site, Services and any and all other material posted or made available by and through the Services including, but not limited to, the design, selection, arrangement and coordination of the Site and/or Services is owned or licensed by or to Delivery Edge™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site and/or Services may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Delivery Edge's™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to the Site and/or Services. The posting of information or material at the Site by Delivery Edge™ does not constitute a waiver of any right in such information and materials. Delivery Edge™ reserves all rights not expressly granted hereunder.
The "Delivery Edge" name and logo are trademarks of Delivery Edge™. All custom graphics, icons and service names are trademarks of Delivery Edge™. All other trademarks are the property of their respective owners. The use of any Delivery Edge™ trademark without Delivery Edge's™ express written consent is strictly prohibited.
11. Representations and Warranties. You hereby represent and warrant to Delivery Edge™ as follows: (a) the Agreement constitutes your legal, valid and binding obligation which is fully enforceable against you in accordance with its terms; (b) your use of the Services or other participation on the Site will not conflict with or violate: (i) any provision of law, rule or regulation to which your are subject; (ii) any order, judgment or decree applicable to you; (iii) any provision of your corporate by-laws or certificate of incorporation, if applicable; or (iv) any agreement or other instrument applicable to you; (c) there is no pending or, to the best of your knowledge, threatened claim, action or proceeding against you; and (d) you will be solely responsible for complying with the terms and conditions of the Agreement.
12. Bypassing or Disabling any Portion of the Services or Software. If you bypass or disable any portion of the Services, Site or associated software, you are in violation of the Agreement and Delivery Edge™ may suspend or terminate your use of the Site and/or Services without notice. Termination of your applicable Services account will not excuse you from any criminal or other civil liabilities that may result from your actions.
13. Accessing Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Services and for ensuring that such equipment and services are compatible with Delivery Edge's™ requirements.
14. Indemnification. You agree to indemnify and hold Delivery Edge™, its parents and subsidiaries and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your use of the Site and/or Services in any manner whatsoever; (b) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Delivery Edge™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. Disclaimer of Warranties. THE DAILY EMAIL, THE Delivery Edge ADDRESS, THE SERVICES, THE SITE AND ANY INFORMATION, PRODUCTS AND/OR SERVICES FEATURED THEREIN OR THEREBY ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Delivery Edge™ MAKES NO WARRANTY THAT THE DAILY EMAIL, THE OEAD ADDRESS, THE SERVICES, THE SITE AND ANY INFORMATION, PRODUCTS AND/OR SERVICES FEATURED THEREIN OR THEREBY: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE DAILY EMAIL, THE OEAD ADDRESS, THE SERVICES, THE SITE AND ANY INFORMATION, PRODUCTS AND/OR SERVICES FEATURED THEREIN OR THEREBY MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Delivery Edge™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE DAILY EMAIL, THE OEAD ADDRESS, THE SERVICES AND/OR THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Delivery Edge™, ANY MEMBER, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Delivery Edge™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Delivery Edge™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE DAILY EMAIL, THE OEAD ADDRESS, THE SERVICES, THE SITE AND ANY INFORMATION, PRODUCTS AND/OR SERVICES FEATURED THEREIN OR THEREBY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR CONTENT PURCHASED OR OBTAINED FROM OR FEATURED ON THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE CONTENT OF ANY EMAIL SENT TO YOUR OEAD ADDRESS INCLUDING, BUT NOT LIMITED TO, ANY CONTENT THAT IS LIBELOUS, DEFAMATORY, OBSCENE, OTHERWISE VIOLATIVE OF YOUR RIGHTS OR THAT CONTAINS ANY ADWARE, SPYWARE, VIRUSES, WORMS, TROJAN HORSES AND SIMILAR DOWNLOADABLE APPLICATIONS; AND (E) ANY OTHER MATTER RELATING TO THE DAILY EMAIL, THE OEAD ADDRESS, THE SERVICES, THE SITE AND ANY INFORMATION, PRODUCTS AND/OR SERVICES FEATURED THEREIN OR THEREBY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Delivery Edge™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Delivery Edge™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE DAILY EMAIL, THE OEAD ADDRESS, THE SERVICES, THE SITE AND ANY INFORMATION, PRODUCTS AND/OR SERVICES FEATURED THEREIN OR THEREBY MAY BE BROUGHT BY YOU OR Delivery Edge™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Delivery Edge™. ACCESS TO THE SITE, AND SERVICES, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Delivery Edge's™ liability shall be limited to the maximum extent permitted by law.
17. Third-party Emails/Websites. The Services, Site and email messages contained in the Daily Email contain links to other websites on the Internet that are owned and operated by third-parties. Delivery Edge™ does not control the information, products or services available on these third-party websites, or appearing within the Daily Email itself. The inclusion of any link or content on the Site or within the Daily Email does not imply endorsement by Delivery Edge™ of the applicable third party email sender, website or any association therewith. Because Delivery Edge™ has no control over such email content, websites and resources, you agree that Delivery Edge™ is not responsible or liable for the availability or the operation of such email content, external websites, for any material located on or available from any such email and/or websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, third party email senders, advertisers on the Site and/or other third-parties, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable email sender, advertiser or other third-party. You further agree that Delivery Edge™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through the Daily Email, any such third-party website or any such dealings or promotions.
18. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all Registration Data and/or materials that you submit through or in association with this Site shall be considered non-confidential. For a copy of the Privacy Policy, please Click Here. By submitting such Registration Data and/or materials to us, you: (a) represent and warrant that Delivery Edge's™ use of your submission does not and will not breach any agreement, violate any law or infringe any third-party's rights; (b) agree that Delivery Edge™ is free to use, in any manner, all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Delivery Edge™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Registration Data and/or materials, in whole or in part, or as a derivative work, without any duty by Delivery Edge™ to anyone whatsoever. Delivery Edge™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
19. Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Delivery Edge™ and governs your use of the Site and/or Services. Delivery Edge's™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. There are no third-party beneficiaries of the Agreement. The headings of sections or other subdivisions of these Terms and Conditions will not affect in any way the meaning or interpretation of these Terms and Conditions. The Agreement will be binding on, inure to the benefit of, and be enforceable against, the parties and Delivery Edge's™ successors and assigns. You are not permitted to transfer any rights and/or obligations pursuant to the Agreement without the express written consent of Delivery Edge™. Any attempt to do so will result in the immediate termination of your Services Account and you will be denied access to the Site.
Delivery Edge™ may provide notices to Members and users by posting notices or links to notices on the Site. Notices to Members may also be made via e-mail, regular mail, overnight courier or facsimile at the Member's contact addresses of record as set forth by that party on the Application. If Members wish to provide notice to Delivery Edge™, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: Delivery Edge, LLC, 96 Linwood Plaza #436, Fort Lee , NJ 07024-3701. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized Delivery Edge™ personnel.
20. How to Contact Us. Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Delivery Edge™, please feel free to contact us at 1-877-567-7303 or at info@delivery-edge.com.
These terms and conditions were last updated on December 15th, 2023