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    End User License Agreement and Terms of Service

This End User License Agreement (“EULA“) is a binding agreement between you (“End User” or “you“) and Fero, LLC (“Company” or “Fero”). This EULA governs your access to, and use of the Fero Application (the “Application“) and Fero’s website located at 10105 E Via Linda, #103-758, Scottsdale, Arizona 85258 (the “Website”) and its API (“API” together with the Application and Website, the “Platforms”), and provides and makes available its marketing tools, including its payment processing capabilities and scheduling tools on the Platforms (collectively, the “Services”) The Platforms are licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, DOWNLOADING, INSTALLING AND USING THE PLATFORMS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING EULA; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE PLATFORMS AND, WHERE APPLICABLE, DELETE THEM FROM YOUR MOBILE DEVICE. 

AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. Changes to the Terms of Service. We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platforms thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction Sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platforms.

Your continued use of the Platforms following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Fero provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section.

  1. Privacy Policy. Your access to and use of the Service is subject to Fero’s Privacy Policy located at 10105 E Via Linda, #103-758, Scottsdale, Arizona 85258 (“Privacy Policy”), which is incorporated herein by reference.
  2. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY FERO. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age.
  3. The Service.
    • Description. The Service provides independent delivery professionals (“Haulers”) with a network through which Haulers can provide delivery services (each such delivery service is a “Project”). Any person who accesses and/or uses the Service to connect with a Hauler is a “Shipper.” Fero does not provide professional services. Fero offers tools, information, and a method for Shippers to obtain services, but does not, nor does it intend, to provide such services.
    • Limitations. FERO DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. IT IS UP TO SHIPPERS AND HAULERS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. FERO OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.
    • Mobile Services. The Application may offer the Service via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Application and the related Mobile Services must be in accordance with this EULA.
  4. Registration.
    • Accounts. To use the Service, you must create an account (an “Account”). The information required to create an Account may vary depending on if you create an Account as a Hauler or a Shipper. If you create an Account as a Hauler, you will also be required to agree to the agreement for Haulers to engage Fero for its Services and other terms that will be made available to you during the Account creation process. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorized the activity. If you use the Service on behalf of a company, entity, or organization (each an “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Organization.
    • Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify Fero immediately at privcay@feronow.com, and change your password at the earliest opportunity. Fero will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Fero of the unauthorized use or loss of your credentials.
  5. Rules for Shippers. The terms in this Section 6 apply to Shippers and not to Haulers.
    • Requesting Projects. In order to request a Project, you will have to specify certain information about the Project, which may include: the pick-up address, the destination address, the items you are requesting to be lifted, delivered or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide, Fero will use commercially reasonable efforts to connect you with a Hauler to perform the Project for you and will provide them applicable details regarding the Project. If no Haulers are available, Fero will notify you that there are no Haulers available to perform the Project, at which point we will have no further obligation to attempt to connect you to a Hauler for the applicable Project.
    • Prohibited Items. THE PLATFORMS PROVIDE FOR THE DELIVERY OF CERTAIN MATERIALS AS IS DETERMINED BY FERO IN ITS SOLE AND ABSOLUTE DISCRETION. UNDER NO CIRCUMSTANCE SHALL YOU REQUEST ANY OTHER ITEMS NOT SPECIFICALLY RELATED TO THE PURPOSE STATED HEREIN.
    • HAULER HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO PERFORM THE PROJECT, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE HAULER, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE PROJECT, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND FERO WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICE.
    • Fees. The base fee for each Project will be displayed to you on the Platforms, and include expenses that may be incurred by the Hauler in the normal course of completing your Project, including, without limitation, any tolls (collectively, “Base Fees”). The Project will begin when Hauler begins loading cargo and the Project will end once Hauler has safely unloaded all cargo and confirmed the Base Fee is correct through the functionality provided via the Service. Fero is not responsible for any actions performed by Hauler that occur after the Project is complete.
    • Payment. Unless otherwise agreed, Fero accepts credit cards through our third-party payment processor. Base Fees are due immediately following the applicable Hauler’s confirmation of completion of your Project. Shippers may deposit funds into their Fero wallet and draw funds from such wallet for each Project.
    • Cancellation Fees: For on-demand bookings, if Shipper cancels the Project while a Hauler is enroute, the Shipper will be charged a cancellation fee of one-half (1/2) of the base fee had the Project been completed. For scheduled bookings, if Shipper cancels the Project less than twelve (12) hours from the pickup time, Shipper will be charged a cancellation fee of fifteen dollars ($15.00).  Additional cancellation fees may apply if the Hauler must cancel the Project for the following reasons: (i) input of an incorrect address by Shipper; (ii) items for transport violate the terms of this EULA; excessive waiting time by Hauler if Shippers items are not ready for delivery; (iii) Shipper, or its designated contact, does not arrive; (iv) Hauler is unable to load the items into its vehicle due to Shipper providing inaccurate load details; (vi) Shipper failing to provide loading assistance if Shipper selected option that loading assistance would be provided); (vii) items could not be loaded safely for delivery; and (viii) any other reason caused by Shipper that prevents the items from being delivered.  ALL BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE.
    • Insurance and Liability. Your maximum claim for damages of any or all Items to be delivered for a particular Project will be the lower of the declared value of the Items that you specified when requesting the Project or $40,000 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable Project. New cargo (new in this scenario means unopened original packaging being transported from the original business the product was purchased at) will be covered at actual cash value. A misrepresentation after a loss as to a single material fact will forfeit the entire insurance contract. Once caught in a small fraud, Shipper will not be entitled to payment for any part of the damage claim. Fero will make commercially reasonable efforts to collect any money owed to Shippers from Hauler(s). Used items will be reimbursed at the current depreciated value. In no event shall Carrier be liable for loss of profit, income, interest, attorney fees, or any special, incidental or consequential damages. As a condition precedent to recovery, a claim for any loss or damage must be filed in writing with Fero within nine (9) months after delivery. Claims must be filed on the Website. If you or someone you designate, who is not an active Fero Hauler, assists in the transportation of the cargo that becomes damaged during a Project, the Hauler will be responsible for only half of the damage claim amount related to replacing or repairing the damaged item(s).
  6. Undeliverable Items. Haulers will make commercially reasonable efforts to deliver Items for Shipper. If Hauler is unable to safely deliver Items to Shipper’s selected destination the Hauler will attempt to return items to the Shipper’s chosen pickup location at the Shipper’s expense. If Hauler is unable to return item(s) to the pickup location and Hauler is forced to hold onto Shipper’s Item then the Shipper will be charged a storage fee of $100 per calendar day until the item is able to be delivered to Shipper.
  7. Payment Processor
    • Users make their contracts directly with other users, not with Fero. Fees (including Base Fees) for using the Service will be processed via Fero’s third party payment processor. Fero’s payment processor may require you to read and agree to its standard terms and conditions.
    • Fero reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment, or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any taxes (including VAT, if applicable) required to be paid on their use of the Service or on any related payment received (other than taxes on Fero’s income).
    • Fero will authorize and place a hold on Shipper’s credit card at the time the order is received by Fero. The authorized amount will be for a minimum of $100.00 or the higher end of the estimated delivery cost if the estimate is greater than $100.00.
  8. Intellectual Property Rights.
    • License Grant. Subject to the terms of this EULA, Company grants you a limited, non-exclusive, and nontransferable license to download, install and use the Platforms and access, stream, download, and use on such Platforms the content and Services made available in or otherwise accessible through the Platforms.
    • License Restrictions. Except for User Content (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Fero or Fero’s third party licensors (the “Fero Content”).
    • Marks. The Fero trademarks, service marks, and logos (the “Fero Trademarks”) used and displayed on the Platforms are Fero’s registered and unregistered trademarks or service marks. Other product and service names located on the Platforms may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the Fero Trademarks, the “Trademarks”). Nothing on the Service or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Fero’s prior express written consent for each individual use. You may not use the Trademarks to disparage Fero or the applicable third-party, Fero’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Fero’s prior express written consent. All goodwill generated from the use of any Fero Trademark will inure solely to Fero’s benefit.
    • User Content.
      • User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, literary works, photographs, audiovisual works, artwork and any other work subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.
      • Screening User Content. Fero offers users the ability to submit User Content to the Service. Fero does not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole discretion. In addition, Fero has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it reasonably considers to violate this EULA or be otherwise illegal or inappropriate. Fero does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will Fero be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.
      • Intellectual Property Rights. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
      • Licenses to User Content. You hereby grant Fero an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use (“Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorized by this EULA. You further grant Fero a royalty-free license to use your username, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Fero any User Content that you consider to be confidential or proprietary.
      • You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other third party’s rights; (iii) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.
      • Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
      • No Liability. For the avoidance of doubt, Fero will not be liable for any unauthorized use of User Content by any other user or third party.
  1. Reservation of Rights. You acknowledge and agree that the Platforms are provided under license, and not sold, to you. You do not acquire any ownership interest in the Platforms under this EULA, or any other rights thereto other than to use the Platforms in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Fero and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Platforms, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
  2. Restrictions on Use of the Service. You shall not:
    • copy the Platforms, except as expressly permitted by this license;
    • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platforms;
    • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platforms or any part thereof;
    • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platforms, including any copy thereof;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platforms, or any features or functionality of the Platforms, to any third party for any reason, including by making the Platforms available on a network where it is capable of being accessed by more than one device at any time; or
    • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platforms.
    • take any action that imposes an unreasonable load on the Service’s infrastructure
    • use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
    • access, tamper with, or use non-public areas of the Service, Fero’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Fero’s providers;
    • harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Fero employees;
    • provide any false personal information to Fero;
    • create a false identity or impersonate another person or entity in any way;
    • restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
    • gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
    • post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
    • interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
    • do anything that causes Fero to become subject to regulation as a transportation carrier or provider of taxi services.
    • violate any applicable federal, state, or local laws or regulations or the terms of this EULA; or
    • assist or permit any persons in engaging in any of the activities described above.
  3. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Platforms, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and/or computer and about your use of the Platforms. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Platforms or certain of its features or functionality, and the Platforms may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Platforms is subject to our Privacy Policy located at 10105 E Via Linda, #103-758, Scottsdale, Arizona 85258. By downloading, installing, using, and providing information to or through this Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  4. Feedback. We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending Fero or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to Fero, you agree that:
    • Fero has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
    • Feedback is provided on a non-confidential basis, and Fero has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
    • You irrevocably grant Fero perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
  5. Updates. Company may from time to time in its sole discretion develop and provide Platforms updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when you are connected to the internet either:
    • the Platforms will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Platforms or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platforms and be subject to all terms and conditions of this EULA.

  1. Third-Party Materials. The Platforms may display, include, or make available third-party content (including data, information, Applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  2. Term and Termination.
    • The term of this EULA commences when you download, install or access the Platforms and will continue in effect until terminated by you or the Company as set forth in this Section 16.
    • You may terminate this EULA by deleting the Platforms and all copies thereof from your devices.
    • Company may terminate this EULA at any time and for any reason without prior notice or liability. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA.
    • Upon termination:
      • all rights granted to you under this EULA will also terminate; and
      • you must cease all use of the Platforms and delete all copies of the Platforms from your devices and account.
    • Termination will not limit any of Company’s rights or remedies at law or in equity.
  3. Dispute Resolution.
    • Generally. In the interest of resolving disputes between you and Fero in the most expedient and cost effective manner, you and Fero agree that any dispute arising out of or in any way related to this EULA or your use of the Service and Platforms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND FERO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    • Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
    • Arbitrator. Any arbitration between you and the Fero will be governed by the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Fero. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Fero’s address for Notice is: 10105 E Via Linda, #103-758, Scottsdale, Arizona 85258. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Fero may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Fero must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Fero will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; or (B) the last written settlement amount offered by Fero in settlement of the dispute prior to the arbitrator’s award.
    • Fees. If you commence arbitration in accordance with this EULA, Fero will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the State of Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Fero for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    • No Class Actions. YOU AND FERO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fero agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
    • Modifications to this Arbitration Provision. If Fero makes any future change to this arbitration provision, other than a change to Fero’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Fero’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Fero.
    • Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this EULA or your use of the Service.
  4. Disclaimer of Warranties. THE PLATFORMS ARE PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS (the “Fero Parties”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORMS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORMS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, PLATFORMS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO FERO PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.
    • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORMS OR THE CONTENT AND SERVICES FOR:
      • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
      • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PLATFORMS.
    • Fero is not responsible for the performance, actions, or inactions of any user, whether identified through the Service, in public, private, or offline interactions, or otherwise. Fero does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any user, or the failure of any user to provide the services requested or payment required therefor, or for any other aspect whatsoever of an Item nor for the integrity, responsibility or any of the actions or omissions whatsoever of any users. Fero does not have control over, and has no responsibility for, any damage to Items. NEITHER FERO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICE AND FERO AND ITS AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU THEREBY RELEASE FERO AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A USER.
    • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. FERO RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE FERO PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH A PROJECT. ALL USERS EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. FERO DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY HAULERS.

 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Third Party Disputes. FERO IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE FERO PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
  2. Indemnification. You agree to indemnify, defend, and hold harmless Fero and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Platforms or your breach of this EULA, including but not limited to the content you submit or make available through the Platforms. Fero will notify you of any such claim, suit, or proceeding. Fero reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Fero’s defense of such matter.
  3. Export Regulation. The Platforms may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platforms to, or make the Platforms accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platforms available outside the US.
  4. US Government Rights. The Platforms are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Platforms as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
  5. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
  6. Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in the city of Dover and Kent County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  7. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing
  8. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  9. Entire EULA. This EULA and our Privacy Policy constitute the entire EULA between you and Company with respect to the Platforms and supersede all prior or contemporaneous understandings and EULAs, whether written or oral, with respect to the Platforms.
  10. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.
  11. Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fero as a result of this EULA or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Fero other than pursuant to this EULA. The section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of Fero. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Fero may assign this EULA, including all its rights hereunder, without restriction.
  12. Contact Us. If you would like to contact us in connection with your use of the Service, then please contact us at: support@feronow.com
  13. Fero may from time to time offer promotions, promo codes and/or discounts for first time users or as a reward for referrals. These rewards will come in the form of Fero Credits that can be used to purchase Services on the Fero platform only. Fero Credits can be redeemed using the Fero Applications or Website. A valid Promo Code or Gift Card must be entered before the service is requested in order for the credits to be applied to a Project. Credits cannot be retroactively added to a Project that has already been scheduled. Credits earned using illegal or fraudulent methods will be null and void. Fero Credits have a cash value of 1/100 of one cent. Fero reserves the right to cancel or suspend these Promotions at any time.