Welcome to Amco Delivery. The amcodelivery.com website (the "Website"), the Amco Delivery mobile application, and associated services (the "Mobile App") as well as other services offered by Amco Delivery are owned and operated by Amco Delivery LLC ("Amco Delivery," "we," or "us"). The Website and Mobile App (the "Platform") provide a means to facilitate individuals or businesses ("you" or the "Customer") seeking same-day, scheduled or any type of courier services to specific destinations ("Services"), connecting them with registered couriers who may be Amco Delivery employees or independent contractors ("Couriers").
THE FOLLOWING AGREEMENT OUTLINES THE TERMS OF SERVICE GOVERNING AMCO DELIVERY'S PROVISION OF ACCESS TO AND USE OF THE PLATFORM AND SERVICES.
1. These terms of service (these "Terms") establish a legally binding agreement between you and Amco Delivery. To utilize the Platform and Services, you must consent to these Terms. By engaging with the Platform or receiving any Services, which includes downloading and installing the Mobile App, you explicitly acknowledge and agree to be bound by these Terms, as well as any subsequent amendments and additions provided herein.
2. Changes to Terms of Service
Amco Delivery reserves the right to amend these Terms or its policies related to the Platform or Service at any time. Such modifications become effective upon the posting of an updated version of these Terms on the Platform. It is your responsibility to regularly review these Terms. Continued use of the Platform or any Service after such changes implies your acceptance of the modified terms.
3. Privacy
Before utilizing the Platform and Services, please carefully peruse our comprehensive Privacy Policy, as it is seamlessly integrated into these Terms by reference. The Privacy Policy governs the handling of any information, including personally identifiable information that you willingly submit to us. You acknowledge the voluntary nature of your submission of information, statements, data, and content to us and agree that we may process such information in accordance with the terms outlined in the Privacy Policy
4. License Grant, Restrictions, and Copyright Policy
A) By following these guidelines, Amco Delivery allows you to do a couple of things: (i) view, download, and print any public content on Amco Delivery for personal use, and (ii) access other content on the Amco Delivery Platform for personal use. However, you can't grant these same permissions to others.
B) Avoid copying, altering, or selling anything from the Platform or Service unless explicitly permitted by these guidelines. You don't gain any special rights to things owned by Amco Delivery or its associates, except as expressly outlined in these guidelines.
C) Steer clear of any sneaky maneuvers with copyrighted content without obtaining prior consent from Amco Delivery or the rightful owner. Furthermore, refrain from sharing, renting, or manipulating Platform content, and leave any labels intact.
D) When using the Platform and Services, commit to:
5. Utilization of the Amco Delivery Mobile App
A) In conjunction with these Terms, your utilization of the Amco Delivery Mobile App is contingent upon the following supplementary terms (the "App Terms"):
(i) Your acknowledgement and acceptance of these App Terms is a prerequisite for your use of the Mobile App;
(ii) Recognizing that the Mobile App comprises copyrighted material, trade secrets, and other proprietary content belonging to Amco Delivery and its licensors;
(iii) To safeguard these proprietary materials, you and any third party acting on your behalf shall not:
(u) Decompile, disassemble, or reverse engineer the Mobile App.
(v) Modify or generate derivative works of the Mobile App.
(w) Utilize the Mobile App to offer service bureau, commercial time-sharing, or other computer services to third parties.
(x) Transmit the Mobile App or provide its functionality, either wholly or partially, over the Internet or any other network (except as explicitly allowed above);
(y) Sell, distribute, rent, lease, sublicense, or otherwise transfer the Mobile App to a third party.
(z) Employ components of the Mobile App to run applications not intended for the Mobile App.
B) You explicitly agree to:
(i) Exclusively use the Mobile App to access and employ the Services.
(ii) Refrain from using any software or services concurrently with the Services.
(iii) Not authorize any third party to access or utilize the Services on your behalf using automated processes such as BOTs, spiders, or periodic caching of information stored by the Service on your behalf.
(iv) Avoid using any software or hardware that diminishes the number of users directly accessing or using the Services (referred to as 'multiplexing' or 'pooling' software or hardware);
(v) Neither lend, lease, rent, nor sublicense the Mobile App.
(vi) Allow us to send updates as part of your use of the Mobile App;
(vii) Permit the Mobile App to automatically download and install updates from time to time, aimed at
enhancing, improving, and further developing the Mobile App, which may include bug fixes, enhanced
functionalities, new software modules, and entirely new versions.
C) Access to the Services is restricted to authorized means. It is your responsibility to ensure the correct download of the Mobile App for your device. Amco Delivery bears no responsibility if you lack a compatible device or if you download an incorrect version of the Mobile App. Amco Delivery reserves the right to terminate these Terms and the App Terms if you use the Amco Delivery Platform and Services with an unauthorized device.
6. User Agreement, Declarations, and Limitations for Amco Delivery
A) To access our Services, you may need to register for an Amco Delivery account (an "Account"). By doing so, you commit to:
(a) Providing truthful, accurate, current, and complete information about yourself during the registration process, including any credit card information (referred to as "Credit Card");
(b) Keeping your Account information up-to-date and accurate;
(c) Reviewing the fees (accessible on our website) associated with your use of the Services (the "Fees");
(d) Authorizing Amco Delivery or its third-party service providers to charge your Credit Card for any incurred Fees related to your use of the Services.
Should you provide information that is untrue, inaccurate, not current, or incomplete, or if we reasonably
suspect such inaccuracies, we retain the right to suspend or terminate your Account and deny any current or
future use of the Services. You are responsible for all reasonable costs incurred by Amco Delivery in
attempting to collect Fees, including attorneys' fees, collection agency fees, interest fees, and court
costs.
B) You declare and assure Amco Delivery that you will:
(a) Safeguard the security of your user identification, password, and other confidential information linked to your Account;
(b) Preserve the security, confidentiality, and integrity of all messages and content transmitted, received, or stored on the Platform and Services;
(c) Be liable for all charges resulting from the use of your Account, including unauthorized use prior to notifying us in writing and taking measures to prevent further unauthorized use;
(d) Adhere to these Terms.
(e) Comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations,
contracts, and licenses concerning your use of the Platform and Services.
C) Additionally, you affirm, warrant, and covenant that:
(i) You are at least 18 years old, possessing the power and authority to enter into and fulfill your obligations under these Terms;
(ii) All information provided to Amco Delivery, including Credit Card information, is truthful, accurate, and complete.
(iii) You are authorized, or possess the necessary permission from the authorized signatory of the Credit Card used for payment of any incurred Fees from the use of the Services;
(iv) You have supplied and will supply accurate and complete registration information.
D) By utilizing the Services, you declare, warrant, and covenant that:
(i) These Terms constitute a valid and binding agreement enforceable according to its terms and conditions.
(ii) You will fulfill your obligations in compliance with all applicable laws and regulations, including U.S. Food and Drug Administration, U.S. Federal Trade Commission, and DOT regulations.
(iii) You will not provide Amco Delivery with any Restricted Items (as defined below);
(iv) Any information or materials you provide to Amco Delivery do not and will not
8. Termination Rights
Amco Delivery reserves the unequivocal right to terminate or limit your Account, these Terms, or the utilization of any or all the Amco Delivery Platform and Services, without prior notice, for any cause. By agreeing to these Terms, you acknowledge that Amco Delivery holds no liability to you or any third party in the event of access termination to the Platform due to a breach of these Terms.
9. Customer Insurance Claims for Amco Delivery
A) Claims for any Customer Products deemed missing or damaged due to our Services will be processed as per the Customer insurance coverage outlined in this Section 9 ("Claims").
B) To be considered, claims must be submitted in writing by the sender within 10 business days from the delivery time; otherwise, the claim will be regarded as waived by the shipper.
C) All Claims must provide essential details, including the order or tracking number, pickup date, description and/or a photo of the missing or damaged product, and the documented replacement dollar value (USD) of the item(s).
D) Amco Delivery assumes no responsibility for concealed damages. It is the Customer's responsibility to appropriately pack and seal items, and we do not assess the viability of such packaging before accepting goods for pickup.
E) A delivery signature or photographic documentation will serve as prima facie evidence that the shipment and all its contents were delivered intact and undamaged.
F) Customers will incur an insurance fee of $1 per delivery. This fee, subject to the limitations specified in this Section 9, enables the Customer to file Claims for missing or damaged goods, up to the documented total replacement cost of such goods. However, Dropoff shall not be liable for Claims exceeding $100 per delivery under any circumstance.
G) Claims for damages to goods failing to meet all other Amco Delivery Terms of Carriage will not be considered valid claims.
10. Disclaimer of Warranties for Amco Delivery
A) AMCO DELIVERY DOES NOT AFFIRM OR WARRANT THAT (A) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY,
UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN CONJUNCTION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM, OR
DATA, (B) THE SERVICE OR PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE
ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN
THE SERVICE OR PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN
"AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW BY AMCO DELIVERY. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF
THE PLATFORM AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
B) INTERNET DELAYS
THE AMCO DELIVERY PLATFORM AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AMCO DELIVERY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
11. Limitation of Liability for Amco Delivery
IN NO EVENT WILL AMCO DELIVERY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL
INJURY, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE). AMCO DELIVERY AND ITS LICENSORS
WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED
TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SERVICE, INCLUDING
BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM OR SERVICE, ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER, OR SPONSOR WHOSE ADVERTISING APPEARS ON THE
WEBSITE OR IS REFERRED BY THE PLATFORM, EVEN IF AMCO DELIVERY OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Subject to Section 6 above, Amco Delivery’s total liability under this Agreement shall not exceed the amounts paid by you to Amco Delivery during the six months prior to the occurrence of the event giving rise to liability.
12. Waiver of Consumer Rights:
Customer expressly waives its rights under the Deceptive Trade Practices-Consumer Protection Act, § 17.41 et seq., Business & Commerce Code, a law designed to provide consumers with special rights and protections. After consulting with an attorney of Customer's own selection, Customer voluntarily consents to this waiver.
13. Indemnification:
You agree to defend, indemnify, and hold Amco Delivery, its licensors, and their respective parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with:
(a) Your violation or breach of these Terms or any applicable law or regulation, whether referenced herein.
(b) Your violation of any rights of any third party, including Couriers.
(c) Your use or misuse of the Platform or Service.
14. Payment, Pricing, and Promotions for Amco Delivery
All Fees are immediately due and non-refundable, unless a prior invoicing arrangement has been established with Amco Delivery. Payments must be made through one of the following methods:
(a) Check (received by Amco Delivery no later than the specified due date in the invoice),
(b) Wire transfer,
(c) Automated Clearing House (ACH) transfer, or
(d) A valid credit card on file with Amco Delivery.
Payments are to be made in US dollars. In case of overdue amounts, the Customer will be subject to a late fee of 2.0% per month or the highest rate permitted by law, whichever is lower. Amco Delivery reserves the right to determine the final prevailing pricing, and the pricing information published on the website may not accurately reflect the prevailing pricing. Amco Delivery may extend promotional offers to some or all of its customers, which may include different features and rates. Unless expressly offered to you, these promotional offers will not alter your existing rates or contract. Amco Delivery retains the right to modify its Fees at any time and for any reason.
15. Terms of Carriage for Amco Delivery Services
By utilizing Amco Delivery Services, you are bound by the following "Terms of Carriage," applicable
to Amco Delivery, its Couriers, employees, and contractors.
A) Restricted Items:
The subsequent items are classified as "Restricted Items" and are not acceptable for shipment by
Amco Delivery: firearms; fireworks; tobacco products; flammable or dangerous goods or hazardous materials
(requiring hazardous shipping papers under CFR 49, ORM-D, DOT, or other applicable laws, rules, or
regulations) (except as noted in Section 16(D) below, dry ice); money, cash, coins, currency, endorsed
stocks, bonds, and cash letters; live humans or animals of any kind; fragile, very expensive, or rare items;
human corpses and/or cremated remains; used hypodermic needles and syringes or medical waste; packages
necessitating a federal, state, or local license for transportation; packages that may cause damage or delay
to equipment, personnel, or other packages; gaming devices (such as lottery tickets) where prohibited by
federal, state, or local laws; packages whose carriage is prohibited by the law, statute, or regulation of
the state in which the package may travel; stolen goods; any items which you lack the right, standing, or
permissions to ship.
B) Acceptance of Dry Ice Shipments and Bio-medical Materials:
Subject to the above, Amco Delivery accepts dry ice shipments and bio-medical materials. Dry ice shipments
prepared according to IATA regulations do not require a "Shipper's Declaration," and there is
no special handling fee for transporting dry ice at this time. However, dry ice must be detailed in the
"Special Instructions" section of our order form. All dry ice shipments necessitate appropriate
package marking and labeling.
C) Dangerous Goods and Infectious Substances:
Blood, urine, bodily fluids, and other liquid specimens containing infectious substances are deemed
"Dangerous Goods." Non-infectious blood, urine, bodily fluids, and other liquid specimens must
adhere to applicable local, state, and federal laws. Shippers must also comply with all relevant local,
state, and federal laws governing the packing, marking, and labeling of shipments of blood and blood-related
products, irrespective of infectious nature.
D) Odorous or Leaking Packages:
Any package with an odor or that is wet or leaking will NOT be accepted for carriage. If a shipment damages
or contaminates any property, the shipper will be held responsible and required to reimburse Amco Delivery
for any and all costs, fees, and expenses associated with such damage or contamination.
E) Regulation of Dangerous Goods by DOT:
The United States Department of Transportation ("DOT") oversees the transportation of
"Dangerous Goods" via all modes of transportation. Upon encountering improperly declared or
undeclared shipments of "Dangerous Goods," Amco Delivery's Couriers are legally obligated to
report such packages to the DOT. Penalties for such shipments can range up to $500,000 and five years in
jail.
F) Right of Refusal:
Amco Delivery and its Couriers retain the right to refuse, hold, or return a package at all times. A package may be refused if:
The package could potentially cause damage to other packages, equipment, or employees or contractors;
The package is likely to sustain damage or loss during transit, as solely determined by Amco Delivery or its Couriers;
Carriage of the package requested may violate these Terms;
Carriage of the package may be in violation of local, state, or federal laws; or
Acceptance of the package may jeopardize our ability to provide service to another customer.
G) COD Deliveries:
Amco Delivery and its Couriers do not provide Collect on Delivery ("COD") service under any
circumstances. Our Couriers are not authorized to pay for items at pickup and wait for compensation for
out-of-pocket payments upon delivery.
H) Cancellations:
Once a Courier has accepted a submitted Amco Delivery request, any cancellations or changes must be made
before the Courier arrives at the Pickup Address. If the delivery is canceled any time after arrival at the
Pickup Address, the full charge may apply.
I) Re-Delivery Attempts:
If the recipient is unavailable or if the delivery address provided cannot be found at the time of delivery,
we will attempt to contact both the recipient and sender for instructions. We will not leave a delivery
unattended or unacknowledged without the express verbal permission of the sender. If, after reasonable
attempts, the Courier is unable to complete the delivery, we will return the delivery to the sender.
Return-to-sender trips, re-routing, and any re-delivery attempts will result in additional charges to the
sender.
J) Wrong or Re-Routed Addresses:
Amco Delivery will make every effort to complete delivery to the address provided by the sender at the time
of order submission. The sender bears sole responsibility for providing Amco Delivery with the correct
destination address for the intended recipient. The sender agrees that Amco Delivery will not be accountable
for any losses, damages, or other issues arising from delivery to the address provided by the sender. A
signature from an adult at the submitted destination address will serve as evidence of the completion of
delivery as agreed upon if requested.
K) Incorrect Destination Address:
In the event that the sender provides Amco Delivery with the wrong destination address, Amco Delivery or its
Couriers will attempt to contact the shipper and receiver to obtain the correct destination address.
Additional charges may be incurred for any delays due to incorrect shipping information.
L) Re-Routing Requests:
Re-routing requests placed once a package is in transit will be honored but may be subject to additional
delivery charges, hold fees, or delays.
M) Rejection of Delivery:
If the recipient refuses to accept delivery, we will, when feasible, contact the sender for instructions on
returning or disposing of the package. If the sender requests the return of the package, the sender will
incur further charges for the return subject to standard Amco Delivery rates. If a package cannot be
delivered to the original recipient or returned to the original sender, Amco Delivery may hold, transfer, or
dispose of the package at its sole discretion, with or without notice, and the shipper agrees to pay any
costs incurred in the package hold, transfer, or disposal.
N) Inspection:
We reserve the right, at our sole discretion and without prior notice, to open and inspect any package or
shipment.
O) Courtesy Quick Quote:
The courtesy rate reflected in the "Quick Quote" provided by us, if shown, may differ from the
actual final charges for your delivery. Differences may occur based on actual weight, dimensions, time,
distance, and other factors. Refer to the applicable Amco Delivery FAQ for details on how shipping charges
are calculated and quoted.
P) Representation and Warranties for Amco Delivery:
You hereby represent and warrant to Amco Delivery that:
(i) You will fulfill your obligations under these terms in compliance with all applicable laws and regulations, including U.S. Food and Drug Administration regulations (including current Good Manufacturing Practices), U.S. Federal Trade Commission regulations, and DOT regulations.
(ii) You will not provide Amco Delivery with any Restricted Items.
(iii) Any information or materials you provide will not infringe, misappropriate, dilute, or otherwise violate the intellectual property rights or proprietary rights of any third party.
(iv) You will provide transport and packaging supplies for materials intended for delivery.
(v) Packages containing specimens (such as blood, urine, tissue), classified as “biohazardous,” will be packaged in compliance with Occupational Safety and Health Administration (OSHA) and Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations. Ensure all tissues and bodily fluids are "diagnostic specimens" as defined by the federal Department of Transportation (DOT).
(vi) Pharmaceuticals will be packaged in compliance with OSHA, HIPAA, and DOT regulations.
(vii) You will provide Amco Delivery with any information it possesses about the nature or classification of the specimens, supplies, and/or pharmaceuticals to be transported as part of the services. This may include "Material Safety Data Sheets" or other information allowing Amco Delivery to make a hazardous materials decision under the DOT requirements. Amco Delivery shall not be responsible to the extent there are any damages due to the withholding of this information.
(y) Provide accurate and timely information regarding pickup and delivery locations.
(z) Upon reasonable request, provide Amco Delivery with information and assistance reasonably necessary for Amco Delivery’s provision of the delivery services. You acknowledge that Amco Delivery’s ability to successfully perform delivery services in a timely manner is contingent upon receiving such information and assistance from you.
16. Accessorial Charges for Amco Delivery:
A) Package Size and Weight:
Our pricing estimates are formulated based on deliveries weighing less than 40 pounds and easily fitting in a passenger car, van, or SUV. Packages demanding special handling due to factors such as cubic volume, shape, size, or weight exceeding 40 pounds will necessitate additional coordination and may be subject to extra charges or extended delivery times.
17. Electronic Communications for Amco Delivery:
By utilizing any section of the Amco Delivery Platform and Services, you hereby consent to receive notices and electronic communications from Amco Delivery. These communications may encompass information concerning your account or details related to the Amco Delivery Platform, Service, and features. You agree that any notice, agreements, disclosures, or other communications provided to you electronically by us meet all legal requirements necessitating such communications to be in writing.
18. Disclosure and Injunctive Relief:
A) Information Disclosure:
Amco Delivery may disclose any information available about you, including your identity, if such disclosure
is deemed necessary in connection with any investigation or complaint regarding your use of the Amco
Delivery Platform and Services. This includes identifying, contacting, or initiating legal action against
anyone causing injury to or interference with Amco Delivery's rights or property, or the rights or
property of visitors to or users of the Amco Delivery Platform and Services, including Amco Delivery's
customers. Amco Delivery reserves the right to disclose any information it deems necessary to comply with
any applicable law, regulation, legal process, or governmental request. Your information may also be
disclosed when Amco Delivery determines that applicable law requires or permits such disclosure, including
sharing information with other companies and organizations for fraud protection purposes.
B) Violation Consequences:
You acknowledge and agree that any violation by you of these terms will constitute an unlawful and unfair business practice, causing irreparable harm to Amco Delivery for which monetary damages would be inadequate. You consent to Amco Delivery obtaining any injunctive or equitable relief deemed necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Amco Delivery may have at law or in equity.
19. Dispute Resolution for Amco Delivery:
A) Governing Law and Jurisdiction:
These Terms and any dispute arising out of or related to them, the Platform, or Services shall be governed by
the laws of the State of Texas, without regard to conflict of law provisions. You agree that any claim or
dispute against Amco Delivery must be exclusively resolved by a state or federal court located in Travis
County, Texas, except as otherwise agreed by the parties or described in the Arbitration Option paragraph
below. You submit to the personal jurisdiction of the courts located within Travis County, Texas, for the
purpose of litigating all such claims or disputes.
B) Arbitration Option for Certain Claims:
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party seeking relief may choose to resolve the dispute through binding non-appearance-based arbitration. If arbitration is elected, it will be initiated through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must adhere to the following rules: (a) the arbitration will be conducted by telephone, online, and/or based solely on written submissions, as chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless mutually agreed otherwise; and (c) any arbitrator's judgment will be final and may be entered in any competent jurisdiction.
20. Severability:
If any portion of these Terms or the Privacy Policy is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, it shall be ineffective only to the extent of such determination without affecting the validity or enforceability of the remaining provisions in any other manner or jurisdiction.
21. Assignment:
Amco Delivery reserves the right to assign or delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without Amco Delivery's prior written consent, and any unauthorized assignment or delegation by you is void and ineffective.
22. Severability for Amco Delivery:
You and Amco Delivery agree that if any portion of these Terms or the Privacy Policy is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction. This determination will not impact the remaining provisions of the Terms, which will continue to be in full force and effect.
23. Assignment for Amco Delivery:
Amco Delivery reserves the right to assign or delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without Amco Delivery's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
24. Entire Agreement for Amco Delivery:
These Terms and any documents expressly incorporated by reference herein (including the Privacy Policy) constitute the entire agreement between you and Amco Delivery, superseding all prior understandings, whether electronic, oral, or written, relating to the subject matter hereof. This agreement prevails over any custom, practice, policy, or precedent, whether established by you and Amco Delivery.
25. No Waiver for Amco Delivery:
The failure of Amco Delivery to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy, or failure to exercise any right under them, will not be construed as a waiver or relinquishment of Amco Delivery's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Amco Delivery of any provision, condition, or requirement of these Terms or the Privacy Policy will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement, as expressly and specifically set forth in these Terms. No representations, statements, consents, waivers, or other acts or omissions by Amco Delivery will be deemed a modification of these Terms unless documented in physical writing, hand-signed by you and a duly appointed officer of Amco Delivery.
26. Force Majeure for Amco Delivery:
Amco Delivery will not be held liable for any delay or failure to perform resulting from causes beyond its reasonable control. These causes include, but are not limited to, unforeseen circumstances or events beyond Amco Delivery's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In such instances, Amco Delivery's performance under these Terms will be excused for the duration of the force majeure event.