Interpretations
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms of Use the following terms are defined as follows unless expressly defined otherwise in the "Dispute Resolution and Arbitration; Class Action Waiver" section of this document.
Terms means this agreement, the Terms of Use.
You means the individual accessing or using the Site or Services or the legal entity on behalf of
which such individual is accessing or using the Service, as applicable.
FUNDELIVERED (also referred to as "We" or "Us") refers to Fundelivered LLC with a principal place of business at 76 SE 50th Ter. Ocala, FL 34471.
Account means a unique account created for You to access Our Services or part of our Services.
Account Information refers to personal information required to make an Account which may include Your name, email address, purchase preferences, and other information.
Account Holder refers to users of the Site who have created an Account.
Dispute means any dispute, claim, or controversy between You and FUNDELIVERED regarding any aspect of Your relationship with FUNDELIVERED, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver).
Material refers to copyrighted and/or trademarked work displayed on the Site and through the services including but not limited to logos, graphics, videos, images, and software.
Minor refers to users of the Site who are between the ages of 13 and 18.
Purchase Terms and Conditions refers to the separate terms and conditions governing the purchase of goods through the Site, which You will be asked to accept at the point of sale via click-through agreement.
Personal Data has the meaning set forth in Our Privacy Policy.
Privacy Policy refers to FUNDELIVERED’s Privacy Policy, available at https://www.fundelivered.com/privacy-policy, which describes how We collect, use, disclose, retain, and protect Your Personal Data when You use the Site and Services. The Privacy Policy is incorporated into these Terms by reference.
Rewards refers to a rewards system for Account Holders featuring points which are accrued per-purchase of Services and can be redeemed to credit an order for Services through the Site.
Service refers to FUNDELIVERED’s sale of online ecommerce service where customers can purchase general merchandise parcels compiled by FUNDELIVERED into mystery boxes of items.
Site refers to the website located at the url: www.fundelivered.com as well as all associated sites linked to www.fundelivered.com by FUNDELIVERED, its subsidiaries, and affiliated companies.
Third-Party Site refers to a website linked on the Site but that is not controlled by FUNDELIVERED, its subsidiaries, or affiliated companies.
User Contribution refers to any text, images, or other content submitted or posted to the Site by You or other users of the Site.


Overview of Website and General Use.
FUNDELIVERED offers an online ecommerce service where customers can purchase general merchandise parcels compiled by FUNDELIVERED into mystery boxes of items for a unique unboxing experience. We do not open or valuate the parcels before compiling the mystery boxes, so We do not guarantee any minimum value or quality of any goods You receive through the Services.

By using this Site, You represent, acknowledge and agree that You are at least 18 years of age, or if You are a Minor, that You are using the Site with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless FUNDELIVERED if the Minor breaches any of these Terms. If You are not at least 13 years old, You may not use the Site at any time or in any manner or submit any information to FUNDELIVERED or the Site.

Subject to the terms and conditions of these Terms, and Your compliance with these Terms, FUNDELIVERED hereby grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for Your personal use. Except for the foregoing license, You have no other rights in the Site or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If You breach any of these Terms, the above license will automatically terminate.

Site Content.
The Site is provided on an "as is" basis and may use internet services that are not under Our direct control. While We strive to provide accurate descriptions of Our products and services, We do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error-free manner. We reserve the right to cease operating the Site or any of its features at any time.

Product descriptions and images on the Site are for illustrative purposes only and may not exactly represent the items You receive. Given the nature of Our mystery box Service, the specific items included in each package are unknown to Us prior to compilation and delivery. We make no representations regarding the specific contents, brand names, or retail value of items included in any package.

Changes.
FUNDELIVERED may make changes to the Materials and Services offered on the Site at any time. FUNDELIVERED may change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on this Site and updating the ‘Last Updated’ date. For material changes to these Terms, FUNDELIVERED will provide reasonable advance notice prior to the effective date of such changes, which may include notification by email (to the email address associated with Your Account), a prominent notice on the Site, or a notification upon Your next login. Your continued use of the Site after the effective date of any changes constitutes Your acceptance of the updated Terms. If You do not agree to the updated Terms, You must discontinue Your use of the Site.

Account.
This Site may have an Account feature which allows You to register information with FUNDELIVERED for Your convenience. To make an Account You must provide Account Information, which may include Your name, email address, purchase preferences, and other information. By creating an Account, You become an Account Holder, and You represent and warrant that: (a) all required Account Information You submit is truthful and accurate, and (b) You will maintain the accuracy of such Account Information. Please keep Your Account Information, including Your password, confidential. If someone accesses Our Services using Your Account Information, We will rely on that Account Information and will assume that it is You or someone You have authorized who is accessing the Services. You are solely responsible for any and all use of Your Account Information and all activities (including orders placed through the Services) that occur under or in connection with Your Account. Please notify Us immediately if You become aware that Your Account Information is being used without authorization. We reserve the right to take whatever action We deem necessary to preserve the security of the Services and Your Account, including without limitation terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account. 

Returns.
The terms governing returns, refunds, and exchanges for purchases made through the Site will be set forth in the separate Purchase Terms and Conditions, which You will be asked to accept at the point of sale. Until such Purchase Terms and Conditions are implemented, the following
policy applies:
The content of each package purchased via the Services is unknown to FUNDELIVERED. Accordingly, We do not allow returns or substitutions of anything in Your package. Once opened, a package cannot be returned. All sales are final; We do not accept any returns. This no- return policy is posted at the point of sale as required by Florida law (Fla. Stat. Section 501.142).

Purchases.
You agree to pay all costs, fees, and charges as shown on the cart page of the Site. You are expressly agreeing that FUNDELIVERED is permitted to bill You for the applicable fees, any sales tax or other applicable taxes and any other charges You may incur in connection with Your use of this Site. The fees will be billed to the credit card or other payment method designated at checkout or associated with Your account.

NOTE: The detailed terms governing purchases, payment processing, order acceptance, and related matters will be set forth in the separate Purchase Terms and Conditions, which You will be asked to accept at the point of sale via click-through agreement. The provisions in this section are retained as interim terms until such Purchase Terms and Conditions are implemented.

All prices are listed in U.S. dollars. FUNDELIVERED reserves the right to change prices at any time without notice. An order is not considered accepted until FUNDELIVERED sends You an order confirmation. FUNDELIVERED reserves the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product descriptions or pricing, or suspected fraudulent activity.

Rewards.
This site may include a Rewards system. Rewards are non-transferable and are not redeemable for cash, credit, or towards previous purchases. There is no cash alternative. Rewards cannot be used in conjunction with any other offer or promotional discount. Any rewards program may be terminated or modified by FUNDELIVERED at any time in its sole discretion.

Financial Incentive Notice (California Residents). Under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the Rewards program may constitute a ‘financial incentive’ because it involves the collection and retention of Your Personal Data (such as purchase history and account information) in exchange for program benefits. Participation in the Rewards program is voluntary and requires Your affirmative opt-in consent. You may withdraw from the program at any time without penalty. The value of the financial incentive is reasonably related to the value of Your Personal Data to FUNDELIVERED, calculated based on the expense of offering the Rewards benefits. For more information about how We collect, use, and protect Your Personal Data, please review Our Privacy Policy. FUNDELIVERED will not discriminate against You for choosing not to participate in the Rewards program.
 
Communications.
Transactional Communications. By using the Site or creating an Account, You agree to receive transactional communications from FUNDELIVERED, including order confirmations, shipping notifications, account alerts, and customer service responses. These transactional communications are necessary for the performance of the Services and are not marketing messages.

Marketing Communications. With Your separate, prior express consent, FUNDELIVERED may send You marketing emails and SMS messages about promotions, new products, and other commercial offers. You may opt out of marketing emails at any time by clicking the ‘unsubscribe’ link in any marketing email or by contacting Us at info@fundelivered.com. You may opt out of SMS marketing messages at any time by replying ‘STOP’ to any message. Your opt-out of marketing communications will not affect transactional communications. By providing Your phone number and separately consenting to receive SMS messages, You agree to receive recurring automated marketing text messages at the number provided. Consent to receive marketing communications is not a condition of purchase. Message and data rates may apply. Message frequency varies.

Electronic Communications Consent. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You may withdraw Your consent to receive electronic communications at any time by contacting Us at info@fundelivered.com, but doing so may limit Your ability to use certain features of the Site or Services.

Privacy Policy.
Your privacy is important to Us. Please review the FUNDELIVERED Privacy Policy, which is available at https://www.fundelivered.com/privacy-policy and is incorporated into these Terms by reference. The Privacy Policy explains how We collect, use, disclose, retain, and protect Personal Data that You provide to FUNDELIVERED through the Site and Services. By using the Site, You consent to the collection and use of Your information as described in the Privacy Policy.

Links to Third-Party Sites.
This Site may be linked to Third-Party Sites that are not FUNDELIVERED sites. Certain areas of the Site may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities on this Site to be shared with Your contacts in Your Third-Party Site account. You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than FUNDELIVERED, and You further acknowledge and agree that Your use of such Third-Party Sites is governed by the respective Third-Party Sites’ privacy policy and terms and conditions and/or user guides. FUNDELIVERED does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

You agree that FUNDELIVERED will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any Third-Party Sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with Your use or reliance on the content or business practices of any third-party.

Any reference on the site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply FUNDELIVERED’S endorsement or recommendation.

Content Moderation
 
Third-Party Content
Videos and images displayed on the "Gallery" page of the Site are created and submitted by third parties and do not represent the views, opinions, or endorsements of FUNDELIVERED or its owners. FUNDELIVERED does not claim ownership of these videos, nor do We verify their accuracy, legality, or suitability.

User-Generated Content.
Certain portions of Our Site and Services may permit customers to post content, including, for example, reviews of their unboxing experience or pictures of their unboxed items. Any information that You post to Our Site may be viewable by other visitors to Our Site or users of Our Services. We are not responsible for the privacy of Your submissions, or for the accuracy of any information contained in those submissions. Any information that You disclose, including Your username, may become public information. We cannot prevent such information from being used in a manner that may violate Our Privacy Policy, the law, or Your personal privacy.

The Site may contain profiles, forums, and other interactive features that allow users to post, submit, publish, display or transmit User Contributions to, on or through the Site. All User Contributions must comply with the content standards set out in these Terms. Any User Contribution You post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, You grant Us, Our subsidiaries, Our affiliated companies, and each of their and Our respective licensees, successors and assigns a royalty-free, non exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute Your User Contributions, in whole or in part, and/or to incorporate it in other
works in any form, format, media, or technology now known or later developed, including without limitation in print, digital and electronic form, throughout the world in accordance with the provisions of these Terms of Use.

To the extent permitted by law, You waive all moral rights in Your User Contributions. To the extent that You are unable to waive any such moral rights, You agree not to assert the same.

It is in Our sole discretion whether or not We choose to publish or otherwise make available User Contributions on the Site. For the avoidance of any doubt, You acknowledge and agree that We may: continue to publish all or part of Your User Contributions even if You change your mind and want Us to remove it and/or You are no longer registered with the Site; remove Your User Contributions at Our sole discretion even if You have not breached these Terms of Use; use all or part of Your User Contributions in promoting Our products and services; reproduce Your trademarks, trade names, service marks, logos, domain names or other identifying signs or images to the extent included in Your User Contributions; modify Your User Contributions in any way in Our sole discretion. Notwithstanding the above, You acknowledge that We are not responsible for checking, monitoring or moderating and User Contributions and You remain solely responsible for all User Contributions that you upload or submit. By uploading or submitting User Contributions to the Site, You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us, Our subsidiaries, Our affiliated companies, and each of their and Our
respective licensees, successors and assigns; If the User Contributions includes any material proprietary to a third party, You warrant that You have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms; and All of Your User Contributions do and will comply with these Terms. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not FUNDELIVERED, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any
other user of the Site. Content Moderation and Removal. In accordance with Section 230 of the Communications Decency Act, 47 U.S.C. Section 230, FUNDELIVERED, as a provider of an interactive computer service, is not liable as a publisher or speaker of User Contributions provided by users of the Site. FUNDELIVERED reserves the right, but has no obligation, to review, edit, refuse to post, or remove any User Contribution at its sole discretion and for any reason, including User Contributions that FUNDELIVERED determines violate these Terms, are objectionable, or may expose FUNDELIVERED to liability. FUNDELIVERED may take action against users who repeatedly post infringing or objectionable content, including termination of Account access. Copyright Infringement Claims for User Contributions. If You believe that any User Contribution posted on the Site infringes Your copyright, please follow the procedures described in the ‘DMCA Notice’ section of these Terms to submit a notification.

Unauthorized Activities.
When using this Site and/or the services, You agree not to: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; violate another person’s privacy; disseminate any unsolicited or unauthorized advertising, promotional materials, or any other form of such solicitation; use any bot or other automated means to access the Site; take any action that imposes an unreasonable or disproportionately large load on Our infrastructure; expose Our Site to any technically harmful code, including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct; impersonate another person or otherwise misrepresent Your identify, affiliation or status; engage in any act that would be considered a criminal offence, or gives rise to civil liability or is otherwise unlawful; attempt to gain unauthorized access to Our Site, the server on which Our Site is hosted or any server, computer, or database connected to Our Site or to attack Our Site via a denial of service attack; circumvent, disable, or otherwise interfere with security- related features of the Site, including features that prevent or restrict the use or copying of any Materials or that enforce limitations on the use of the Site; use any data mining, robots, scraping tools, or similar data gathering or extraction methods on or through the Site; collect or harvest any personally identifiable information, including Account names or email addresses, from the Site for any purpose, including commercial solicitation; and/or breach these Terms.

This list of prohibitions provides examples and is not complete or exclusive. FUNDELIVERED reserves the right to terminate access to the Site and the Services with or without cause and with or without notice, for any reason or no reason at all, or for any action that FUNDELIVERED determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. FUNDELIVERED may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at FUNDELIVERED’s discretion, FUNDELIVERED will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.


Rights and Liabilities

Proprietary Rights.
FUNDELIVERED is a trademark of FUNDELIVERED in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of FUNDELIVERED. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Indemnification
You agree to indemnify and hold FUNDELIVERED and its officers, directors, managers, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) FUNDELIVERED or any other indemnified party suffers in relation to, or arising from: 1) Your use of this Site or the use of this Site by any person using Your user name and/or password, 2) any breach by You of any of Your representations or warranties contained herein, 3) any claim or action by a third party that the use or possession of any User Contributions uploaded or submitted to the Site by You infringes the intellectual property of such third party, 4) any data breaches that result from Your use of Our Site, and 5) any breach by You of these Terms of Use.

Disclaimer of Warranties.
Your use of this Site and/or the Services is at Your own risk. The services, and materials and any information are provided on an "as is" and "as available" basis. All goods sold through the Site are sold "as is" FUNDELIVERED expressly disclaims and excludes, to the fullest extent permitted by applicable law, all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Moreover, FUNDELIVERED disclaims any responsibility or liability in connection with Your use of the contents contained in each package; any and all such use shall be at Your own risk. FUNDELIVERED does not provide any warranties against viruses, spyware or malware that may be installed on Your computer by accessing the Site. FUNDELIVERED makes no guarantee of the value or quality of the items You receive through the Services.

TO THE EXTENT THAT THE SALE OF GOODS THROUGH THE SITE IS GOVERNED BY THE UNIFORM COMMERCIAL CODE AS ADOPTED IN FLORIDA (FLA. STAT. CHAPTER 672), ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE EXCLUSION OF IMPLIED WARRANTIES SET FORTH HEREIN IS CONSPICUOUS AND IS INTENDED TO BE EFFECTIVE UNDER FLA. STAT. SECTION 672.316.

Limitation of Liability.
FUNDELIVERED disclaims any responsibility or liability in connection with the products You receive or Your use of the contents contained in each package. Any and all such products and use thereof shall be solely at Your own risk. FUNDELIVERED shall not be liable to You for any damages resulting from Your displaying, copying, or downloading any Materials to or from this Site. To the maximum extent permitted by applicable law, in no event shall FUNDELIVERED be liable to You for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage). Notwithstanding any damages that You might incur, the entire liability of FUNDELIVERED and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Site or $100 USD if You have not purchased anything through the Site.

The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law, regardless of whether any remedy fails of its essential purpose, and regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise. Some
jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to You. In such jurisdictions, the liability of FUNDELIVERED shall be limited to the greatest extent permitted by applicable law. Nothing in
these Terms shall exclude or limit Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by applicable law.

Local Laws
FUNDELIVERED controls and operates this Site from its headquarters in the United States of America and the Site and Services may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following
applicable laws.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent, Rebecca Dallman, with the following information in writing via email to legal@fundelivered.com (see 17 U.S.C 512(c)(3) for further detail): If You believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to dmca@fundelivered.com:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
b. A description of the copyrighted work that You claim has been infringed;
c. A description of where the material that You claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by You that You have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
f. A statement by You, made under penalty of perjury, that the above information in Your notice
is accurate and that You are the copyright owner or authorized to act on the copyright owner’s
behalf.

Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects Your rights regarding Disputes between You and FUNDELIVERED.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting Us at info@fundelivered.com. This provision of the Terms facilitates the prompt and efficient resolution of any Disputes that may arise between You and FUNDELIVERED. All Disputes between You and FUNDELIVERED shall be resolved by binding arbitration. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the court’s jurisdictional limits. This arbitration agreement is made pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, and shall be governed by the Federal Arbitration Act to the exclusion of state laws inconsistent therewith. Except as otherwise provided, entering into this agreement constitutes a waiver of Your right to litigate claims before a judge or jury, or enter into a class action claim against FUNDELIVERED. For the purpose of this provision of the Terms, "FUNDELIVERED" means Fundelivered, LLC and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS
OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution.
For all Disputes, whether pursued in court or arbitration, You must first give FUNDELIVERED
an opportunity to resolve the Dispute. You must commence this process by mailing written
notification to FUNDELIVERED, 76 SE 50th Ter, Ocala, FL 34471. That written notification
must include (1) Your name, (2) Your address, (3) a written description of Your Claim, and (4) a
description of the specific relief You seek. If FUNDELIVERED does not resolve the Dispute
within forty-five (45) days after it receives Your written notification, You may pursue Your
Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances
described below.

Mandatory Mediation
All Disputes shall be submitted for resolution by non-binding mediation conducted under the
oversight of the American Arbitration Association ("AAA"). The commencement and
completion of mediation proceedings pursuant to the foregoing is a condition precedent to either
FUNDELIVERED or You commencing arbitration proceedings. Mediation shall be conducted
remotely via videoconference (i.e., via Zoom).

Arbitration Procedures.
If the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution or Mediation)
either You or FUNDELIVERED may initiate arbitration proceedings. AAA will arbitrate all
Disputes, and the arbitration will be conducted remotely via videoconference (i.e., via Zoom)
before a single arbitrator. The arbitration shall be commenced as an individual arbitration and
shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to
decide, including the scope of this Provision.

Class Action Waiver.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one
person’s claims and may not otherwise preside over any form of a class or representative
proceeding or claims (such as a class action, consolidated action or private attorney general
action) unless both You and FUNDELIVERED specifically agree to do so following initiation of
the arbitration.
Opt-Out Right. You may opt out of this arbitration provision by sending written notice of Your
decision to opt out to FUNDELIVERED, 76 SE 50th Ter, Ocala, FL 34471, within thirty (30)
days of Your first use of the Site. Your notice must include Your name, mailing address, and a
clear statement that You wish to opt out of the arbitration provision. If You opt out, neither You
nor FUNDELIVERED can require the other to participate in an arbitration proceeding, but all
other provisions of these Terms will remain in full force and effect.

Governing Law
Your use of this Site constitutes Your consent and submission to service of process under
applicable United States law and Your submission to the exclusive jurisdiction and venue of the
state and federal courts located in the State of Florida in Marion County for the purposes of any
legal action or claim pertaining to, and permitted by, these Terms, or arising from the use of this
Site, Your Account, and/or any Materials. You hereby waive any defenses such as lack of
personal jurisdiction or forum non conveniens. These Terms of Service shall be construed and
enforced in accordance with the law of the State of Florida, and without regard to the choice of
law principles thereof.

Jury Waiver.
You understand and agree that by entering into this agreement You and FUNDELIVERED are
each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of
this provision, You and FUNDELIVERED might otherwise have had a right or opportunity to
bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case
filed in court by others (including class actions). Except as otherwise provided below, those
rights are waived. Other rights that You would have if You went to court, such as the right to
appeal and to certain types of discovery, may be more limited or may also be waived.

Miscellaneous

Severability.
If any clause or portion of a clause within the Terms (other than the Class Action Waiver clause
above) is found to be illegal or unenforceable, that clause or portion of such clause will be
severed from the Terms, and the remainder of the Terms will be given full force and effect. If the
Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be
unenforceable, and the Dispute will be decided by a court.

No Waiver
Failure by FUNDELIVERED to enforce any right or provision of these Terms of Use shall not
be considered a waiver of such right or provision. Any waiver of any term must be in writing and
signed by an authorized representative of FUNDELIVERED. No single or partial exercise of any
right or remedy shall preclude any further exercise thereof or the exercise of any other right or
remedy.

Entire Agreement
These Terms, together with the Privacy Policy and, when applicable, the Purchase Terms and
Conditions, constitute the entire agreement between You and FUNDELIVERED and supersede
all prior or contemporaneous negotiations, discussions, or agreements between You and
FUNDELIVERED about this Site. The proprietary rights, disclaimer of warranties,
representations made by You, indemnities, limitations of liability and general provisions shall
survive any termination of these Terms.

Accessibility and Electronic Records.
FUNDELIVERED is committed to making the Site accessible to users with disabilities. If You
experience difficulty accessing any portion of the Site or these Terms, please contact Us at
info@fundelivered.com and We will work with You to provide the information You need in an
accessible format.
You may request a paper copy of these Terms or any legally required disclosure at any time by
contacting Us at info@fundelivered.com. FUNDELIVERED will provide such paper copies at
no charge.

Compliance with Applicable Law.
You agree to comply with all applicable federal, state, and local laws, rules, and regulations in
connection with Your use of the Site and Services. Without limiting the generality of the
foregoing, You agree not to use the Site or Services in any manner that violates any applicable
export control law or regulation, anti-money laundering law, or sanctions law.
FUNDELIVERED operates the Site from the State of Florida, United States. We make no
representation that the Site or Services are appropriate, available, or legal in any particular
jurisdiction outside the United States. If You access the Site from outside the United States, You
do so at Your own risk and are responsible for compliance with applicable local laws.

Force Majeure.
FUNDELIVERED shall not be liable for any delay or failure to perform any obligation under
these Terms if the delay or failure results from causes beyond FUNDELIVERED’s reasonable
control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war,
terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, labor disputes,
supply chain disruptions, equipment or communications failures, or any other event beyond
FUNDELIVERED’s reasonable control.

California Consumer Notice.
Under California Civil Code Section 1789.3, California users are entitled to the following
consumer rights notice: This Site and Service are provided by FUNDELIVERED, PO Box 1719,
Ocala, FL 34478. If You have a question or complaint regarding the Site or Service, please
contact Customer Service at info@fundelivered.com. You may also contact Us by writing
FUNDELIVERED, PO Box 1719, Ocala, FL 34478. California residents may reach the
Complaint Assistance Unit of the Division of Consumer Services of the California Department
of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by
telephone at (800) 952-5210 or Hearing Impaired at 1-800-735-2929 (TTY).

Contact Us.
If You have any questions about these Terms or otherwise need to contact FUNDELIVERED for
any reason, You can reach Us by email at info@fundelivered.com, or by phone (text only) at
(727) 386-8248, or via mail at FUNDELIVERED, PO Box 1719, Ocala, FL 34478. All notices
of copyright infringement claims should be sent according to the DMCA provision of these
Terms.