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Terms of Website Use
Effective June 18, 2019
ABOUT THE WEBSITE
This Website is owned and operated by Flying Connected, Inc. d/b/a Fello ("We" or “Fello”). Fello is a New Jersey domestic corporation with its primary business address at 10 Park Place, Suite 402 Bldg. #6B, Butler, New Jersey 07405.
ACCESSING THE FELLO.COM WEBSITE
Access to our Website is permitted on a temporary basis, and we reserve the right to amend the information or withdraw the services provided through our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner (or the licensee) of all intellectual property rights in our Website (including but not limited to the services offered on or via the Website) and in the material published on it. Those works are protected by copyright laws, and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organization to material posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off copied or downloaded in any way, and you must not use any illustrations, logos, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors, if any) as the authors of material published on our Website must always be acknowledged. Any use without our express permission is strictly prohibited.
You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these TOWU, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made whether modified or unmodified.
RELIANCE ON INFORMATION POSTED
Commentary, information, other materials and data posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
OUR WEBSITE CHANGES REGULARLY
We aim to update our Website regularly and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
RENTAL SERVICES PROVIDED THROUGH OUR WEBSITE
Our Website is designed to serve as a platform to facilitate the rental of certain hardware (e.g., iPads and POS devices) (“Hardware Rental Services”). These Hardware Rental Services are specifically governed by the Terms and Conditions contained in the Master Rental Agreement and related documents (the “MRA”) that are executed pursuant to each rental transaction. If you have any questions about our Hardware Rental Services, feel free to reach out to us at [email protected].
UPLOADING CONTENT TO OUR WEBSITE
Generally, our Website does not provide a means to upload content. However, should you otherwise make use of any feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the Content Standards set out below. You confirm that any such uploaded data does comply with those standards, and you indemnify us for any failure to comply.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.
We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the Content Standards set out below.
You may use our Website only for lawful purposes. You may not use our Website:
You also agree:
These content standards ("Content Standards") apply to any and all material which you contribute to our Website ("Contributions"), and to any interactive services associated with the Website.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
Contributions must not:
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious, technologically harmful or designed to disrupt the current operation of our Website. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
We may report any breach under these TOWU to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
LINKING AND FRAMING
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards.
If you wish to make any use of material on our Website other than that set out above, please address your request to [email protected].
LINKS FROM OUR WEBSITE
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have not reviewed these third-party websites and we have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the thirdparty websites linked to our Website, you do this entirely at your own risk.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these TOWU. Where a breach has occurred, we may take such action as we deem appropriate.
Failure to comply with these TOWU constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
You acknowledge that We are the owner and continuous user of certain trademarks, including but not limited to a pending Federal registration under serial number 87917006.
We may revise these TOWU at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these TOWU may also be superseded by provisions or notices published elsewhere on our Website.
BY USING THE WEBSITE YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FELLO, ITS EMPLOYEES, AGENTS, ADVISORS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND/OR ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY PERSONAL DATA/INFORMATION/CONTENT OR THAT YOUR USE OF THE WEBSITE CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TOWU AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, FELLO WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
LIMITATION OF LIABILITY
FELLO, ITS EMPLOYEES, AGENTS, ADVISORS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF CIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FELLO, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
This Agreement shall be governed by and shall interpreted in accordance with New Jersey law, without regard to conflicts of law principles.
The Parties agree that if any dispute arises between them, before beginning any legal action to interpret or enforce this Agreement, they will first attempt to resolve the dispute by negotiation. If the dispute has not been resolved within thirty (30) days, either party may begin mediation procedures by notifying the other party, in writing, of its desire to engage in mediation (the "Mediation Notice"). Mediation will be conducted by and under the commercial rules of the American Arbitration Association ("AAA"), before one mediator, mutually agreeable to the Parties.
If the Parties are unable to agree upon a mediator, the mediator shall be chosen by the AAA. The mediation shall last no longer than two (2) days, unless otherwise agreed upon by written agreement of both parties. Mediation will be held in the City of New York at a location mutually agreeable to the parties, or if no such agreement is made, at such other location as is designated by the AAA.
If mediation is unsuccessful and the dispute is not resolved within ninety (90) days of the receipt of the Mediation Notice, then the dispute shall be submitted for arbitration before a single arbitrator in accordance with the then current Commercial Arbitration Rules (the "Rules") of the American Arbitration Association (the "AAA"). Arbitration proceedings will be held in the City of New York at a location mutually agreed to by the parties, or if no such designation is made, at such other location as is designated by the AAA.
The prevailing party shall be entitled to reimbursement of its costs and expenses by the unsuccessful party, including reasonable accounting, expert and attorneys' fees, in connection with such arbitration. Judgment on any award may be entered by any court of competent jurisdiction.
By using the Website, you affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
NO THIRD-PARTY RIGHTS
This Agreement is entered into solely for the benefit of Fello and you. There is no intention, express or implied, to create any rights or interests for any other person or entity.
The invalidity or unenforceability of any particular provision of this TOWU shall not affect the other provisions hereof, and this TOWU shall be construed in all respects as if such invalid or unenforceable provision were omitted.
YOUR CONCERNS AND COMMENTS
If you have any concerns or comments about material which appears on our Website or the TOWU, please contact [email protected]. Your feedback is always appreciated.
Thank you for visiting Fello.com!
General: Hardware Insurance is an optional add-on which may be purchased through Fello’s Platform when you place an Order. Hardware Insurance provides limited coverage against repairable damage and theft of Covered Equipment (defined below) occurring during the Coverage Period (defined below). By purchasing Hardware Insurance, you agree to be bound to the terms and conditions of this Hardware Insurance Agreement (the “Agreement”), which are set forth herein. Hardware Insurance Fees shall be fully paid by you when you submit an Order containing a request for Hardware Insurance coverage. The Hardware Insurance must be purchased before your Order ships.
Defined Terms: Capitalized/boldfaced terms used but not defined in this Agreement shall have the meanings given to them in the Master Rental Agreement (above). All terms defined in the Master Rental Agreement are incorporated herein by reference.
Incorporation of this Agreement Into the Master Rental Agreement: This Agreement shall form a part of, and be subject to, the Master Rental Agreement. In the event of a conflict or inconsistency between this Agreement, the Master Rental Agreement and any other agreement entered into by you and Fello, the terms, provisions and intent of the Master Rental Agreement shall govern.
Coverage Period: Hardware Insurance covers the period that you are in possession of Fello’s Covered Equipment. Coverage begins when you accept the Covered Equipment from the Shipping Carrier at the time of delivery and coverage ends upon the earlier of: (i) 11:59 P.M. on the Rental End Date; (ii) your submission of the Equipment to the Shipping Carrier (for the return shipment to Fello); or (iii) termination or expiration of this Agreement as provided herein (the “Coverage Period”).
Covered Equipment Items; Fees; Deductibles: The items which are eligible for coverage (“Covered Equipment”) are indicated in the Fee Schedule (Appendix A) together with the applicable Hardware Insurance Fees and Deductibles (Appendix A). Fello reserves the absolute right, in its sole discretion, to amend the list of Covered Equipment and the Hardware Insurance Fees and Deductibles at any time, without notice to you. However, the Covered Equipment, Hardware Insurance Fees and Deductibles provided as of the date you enter into this Agreement shall be applicable during the Coverage Period.
Repairable Damage to Covered Equipment: Hardware Insurance covers instances where Covered Items become damaged during the Coverage Period and the damage is repairable; and
Theft of Covered Equipment: Hardware Insurance protects against the theft of Covered Equipment that occurs during the Coverage Period and is supported by a timely filed police report.
Equipment damage or failures caused by acts of God, fire, flood, explosions, war, terrorism, strikes, embargos, acts of the government, military authority or the elements
Abuse, misuse or improper use, improper installation, water damage or Renter or third party negligence;
Damages to Covered Equipment’s software or Operating Systems;
Pre-existing defects or operational failures of the Covered Equipment;
Cracked displays, unless the cracked display(s) are the result of normal wear and tear to the Covered Equipment, or a defect in parts or manufacturing;
Equipment which is not described in the Fee Schedule as “Covered Equipment”;
Covered Equipment which Fello determines is unable to be repaired and will require replacement; and
Damage Claims: After the Rental Period, you are required to return Equipment to Fello. When the Equipment is received, Fello’s inventory team conducts an assessment of the returned Equipment during the Return Inspection Period, including whether Equipment has been damaged and whether the damaged Equipment is repairable. Notwithstanding the exclusions set forth in Section 7 above, Covered Equipment which is deemed to have been damaged and is capable of being repaired will qualify for coverage, in which case you will be charged the amount of the applicable deductible in the Final Invoice instead of the Replacement Cost. However, if the Covered Item cannot be repaired and requires replacement, you will be charged the Replacement Cost.
Theft Claims: In the event of the theft of Equipment, Renter must file a police report within twenty (24) hours of the alleged theft. Renter’s failure to provide Fello with a copy of a timely filed police report shall result in denial of the theft claim. Renter shall also submit any proofs it has of the theft (including, for example, evidence of break-ins, affidavits, and other evidence that would tend to support the claim). Fello may request additional evidence and supporting documentation of the alleged theft. Fello shall have until the expiration of the Rental Inspection Period to make a determination as to whether a bona-fide theft claim has been submitted and based upon the evidence provided by Renter to Fello, whether coverage shall be granted. If Fello grants the theft claim, then you will be charged the applicable Deductible Fee in the Final Invoice, in lieu of Replacement Costs. However, if your theft claim is denied for any reason, then the Replacement Costs shall be charged.
Coverage Determination by Fello: Fello shall have full discretion and authority to interpret all terms and provisions of this Agreement and to make a final determination pertaining to Renter’s eligibility for coverage.
Termination; Effect of Termination: Fello shall have the right to terminate this Agreement if you are in breach of any provision contained in this Agreement, the Master Rental Agreement or any other agreement between you and Fello, and you fail to cure the breach within thirty (30) days of notice thereof. Notwithstanding the foregoing, Fello shall have the right to immediately terminate this Agreement without notice if the Master Rental Agreement is terminated for any reason.
Severability: Each provisions and term of this shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision or term of this Agreement shall be held to be prohibited by or invalid under such applicable law, then, such provision or term shall be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provisions or term or the remaining provisions or terms of this Agreement.
Assignment: Fello may assign this Agreement without notice to Renter. Renter may not assign this agreement.
Limitations Period: No action or claim arising under or in connection with this Agreement, regardless of the type of claim, may be brought by Renter more than one (1) years after Renter becomes aware of or should reasonably have become aware of the occurrence of events giving rise to the cause of action.
Third-Party Beneficiaries: Anything to the contrary notwithstanding, nothing in this Agreement is intended, nor shall be deemed, to confer upon any person or legal entity other than Us or You, and our respective successors and assigns as may be contemplated by this Agreement, any rights or remedies under this Agreement.
Governing Law: The parties agree that this Agreement will be governed by the laws of the State of New Jersey without regard to any conflict of laws principles
Dispute Resolution: The Parties agree that all disputes between the Parties with respect to this Agreement shall be resolved using the Dispute Resolution procedure set forth in Section 55 of the Master Rental Agreement.
Entire Agreement: This Agreement and all exhibits to this Agreement constitute the entire agreement between the Parties and supersede any and all prior negotiations, understandings, representations, and agreements.