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CUSTOMER TERMS OF SERVICE

Acceptance of Terms of Service

These My Home Delivery, Inc. Customer Terms of Service (this “Agreement”), which incorporates the terms, conditions, policies, guidelines, rules, and other information from the My Home Delivery, Inc. website located at https://myhomedelivery.com/ (“Site”) or associated mobile application (“Application”), as applicable (“Program Policies”), is effective and binds you to these terms and conditions of this Agreement as of the date you access and/or submit or extract information, data, and/or records to or from the Site and/or Application (the “Effective Date”) and governs your use and access to the Site and/or Application and the transportation and related services contemplated by this Agreement as requested by you (“your company,” “you,” or “your”) and/or any of your Customers (as defined below). This Agreement constitutes a legally binding agreement between My Home Delivery, Inc. (“My Home Delivery,” “we,” “us,” or “our”) and you. All references to the Program Policies include all information, data, and records maintained on or in the Site and/or Application. All references to this Agreement include the Program Policies. If there is a conflict between any term or condition of the Program Policies, including the General Terms of Service, and any term or condition of this Agreement, the terms and conditions of this Agreement will prevail. By accepting this Agreement, you (a) on behalf of yourself and/or your company, agree to be bound by all terms and conditions of this Agreement, and (b) represent and warrant that you have legal authority to bind your company to this Agreement.

Your request or your Customer’s request of Services is also subject to the My Home Delivery Privacy Policy (“Privacy Policy”), accessible at the following URL: https://myhomedelivery.com/privacy/ which covers how we collect, use, share, and store your personal information. If you do not agree to or understand these Terms of Service or our Privacy Policy, or any changes thereto, you are not authorized to request such Services, or access or use the Application.

Agreement

  1. Services. The Application is a mobile software application that enables motor carriers and freight brokers utilizing third-party motor carriers (motor carriers and non-Customer brokers contracting third-party motor carriers outside the Application, may be collectively referred to as a “Vendor”) to connect with shippers, receivers, retail purchasers, brokers, and customers (each a “Customer”) in order for Customers to source final mile transportation services. Subject to your compliance with this Agreement, you and/or your Customers will access and use the Site and/or Application to (a) request transportation services by a Vendor, including but not limited to, receiving, loading, transporting, delivering, unloading, assembling, haul away, and related services (collectively, the “Services”) in accordance with this Agreement and/or (b) submit and/or extract information, data, and/or records.
  2. Independent Contractor Relationship.  Your company is an independent contractor of My Home Delivery and each Vendor. Your company has exclusive responsibility for its employees, contractors, agents, subcontractors, agents, and representatives (“Personnel”) and exclusive control over compensation, hours, and working conditions of its Personnel. Your company has the exclusive right to hire, engage, transfer, promote, discipline, discharge, and adjust grievances with its Personnel. Your company’s Personnel are not eligible for any employee benefits available to employees of My Home Delivery or any Vendor. Neither your company nor any of its Personnel has any authority to bind My Home Delivery or any Vendor to any agreement or obligation.
  3. Shipment Requests.  Customer may post a request for a shipment (“Shipment”) through the Site and/or Application. Without limitation, Customer will provide origin and destination addresses, the requested date and pickup time of the Shipment, a description of the items being shipped, and any other relevant information about the Shipment. My Home Delivery is not responsible for any Shipment terms. Once the Shipment is accepted for posting by My Home Delivery on the Site and/or Application, the details of the Shipment are therein posted to the Application. After a certain period of time, the Shipment will be viewable to all applicable Vendors. Once accepted by a Vendor, My Home Delivery will notify Customer through the Site and/or Application that the Shipment has been accepted by a Vendor for Services. Accordingly, Customer and Vendor will be placed in contact through the Site and/or Application. My Home Delivery shall make no promises as to the number or availability of Vendors your company can expect to perform Services on any Shipment at any time, shall make no guarantees as to the quality, timeliness, or success of any Vendor’s performance of Services for your company, and does not guaranty any minimum volume Shipments will be transported by Vendors through the Site and/or Applications or that your company will reduce its costs or increase profits under this Agreement. Each Vendor is free to accept or reject any Shipment opportunity offered by you or your Customer through the My Home Delivery Site or Application, and you and/or your Customer is free to accept or reject any offer to perform Services on any Shipment made by any Vendor. My Home Delivery does not guarantee that a Shipment will be accepted by a Vendor.
  4. Site and/or Application Account and Users. The Site and/or Application may only be used by you or your employees, contractors, agents, subcontractors, agents, and representatives (“Personnel”) (1) who are 18 years of age or older; (2) who are authorized by their company to take actions available to them through the Site and/or Application; and (3) who satisfy any other eligibility criteria applicable to the Site and/or Application (each, a “User”). Each User with access to the Site and/or Application must have unique login credentials. You and your Users shall keep all login credentials confidential, shall take reasonable precautions to prevent unauthorized access and use of the Site and/or Application through the use of your Users’ login credentials, and shall not share login credentials between Personnel. You are responsible for all use of the Site and/or Application using login credentials issued to or by you. You will immediately notify us if you believe any login credentials for your Users may have been disclosed or compromised, and you will hold us harmless from and against any unauthorized and/or harmful access to your Site and/or Application account and/or data using login credentials issued to or by you. My Home Delivery may, but is under no obligation to, notify you, any Customers, or any Vendors if we believe any login credentials for you or any of your Users may have been disclosed or compromised.
  5. Payment Terms. 
    1. Your Payments: The My Home Delivery Site and/or Application is provided to Customers subject to Customer’s payment of the rates and charges agreed to by and between My Home Delivery and the Customer in writing, subject to the terms and conditions of the Program Policies. In the event your company also operates as a Vendor on certain Shipments, your company shall subject to the Vendor Terms of Service for such Shipments and the applicable subscription and other Site and/or Application fees.
    2. Shipment Payments: Unless otherwise agreed to by and between (a) your company or the Customer and (b) the applicable Vendor, for each Shipment, you and/or the Customer is obligated to pay the applicable Vendor within thirty (30) days upon receipt of the Vendor’s invoice and all applicable Shipment documentation, which may be provided electronically via the Site and/or Application, based on the fees listed to you and/or the Customer when the applicable Shipment was accepted for posting on the Site and/or Application (“Shipment Fee”), provided the Vendor was in compliance with all terms and conditions of the Vendor Terms of Service and its agreement with your company or the Customer, as applicable. If you have provided a valid credit card, you hereby authorize My Home Delivery to bill your credit card for the Shipment Fee immediately after completion of the Shipment and you agree that no additional notice or consent is required. If you have provided My Home Delivery with your bank account information instead of a credit card, you hereby authorize My Home Delivery to process a check from your bank account for the Shipment Fee immediately after completion of the shipment and you agree that no additional notice or consent is required. All information that you provide to our third party payment processor or us must be accurate, current and complete. You agree to immediately notify My Home Delivery of any change in your billing address or the credit card or bank account used for payment hereunder.
  6. Representations, Warranties, and Covenants.  When operating as a Customer, you hereby represent, warrant and covenant that:
    1. You own the shipped items or have the necessary rights to ship such items and are authorized to, and do, bind the owner to the provisions of this Agreement;
    2. You use the Service to ship items at your own risk through the Vendors that provide the Service and, except to the limited extent expressly set forth in this Agreement, agree that My Home Delivery will have no liability for any shipped items or any claims, demands, loss or damages related thereto;
    3. You are solely responsible for obtaining any insurance to cover any anticipated losses;
    4. You are solely responsible for any and all liability, which results or is alleged as a result of such shipped items, including, but not limited to, property damage, personal injury and death;
    5. If you are loading, bracing and securing your goods, you understand that you are liable for any claims, loss, or damage as a result of your doing so improperly or unsafely. You understand that My Home Delivery is in no way responsible for the securing, loading, packaging, or compliance with shipping instructions for your Shipments;
    6. You understand that My Home Delivery is not a motor carrier or a broker, and as such, is not liable or responsible to you, your Customer, or the recipient of cargo for any cargo shipped under this Agreement; and
    7. You understand that tracking the locations of your Shipments through the Service, Site, and/or Application does not guarantee that such shipments will be delivered to you or any of your Customers at the time specified.
  7. Prohibited Shipments. Neither you nor any Customers, as applicable, shall use the Service to ship any contraband or materials or items that are illegal, hazardous, dangerous, radioactive, harmful, unsafe, offensive or objectionable. Further, you and/or your Customer hereby waive any and all liability of the Vendor and My Home Delivery with respect to any loss of or damage to any of the items listed in this Section 7.
  8. Term; Termination and Suspension. Subject to this Section, this Agreement will remain in full force and effect while you use and/or access the Site and/or Application. My Home Delivery may terminate this Agreement or suspend (or otherwise restrict) your company’s or any of your Customers’ ability to utilize and/or access the Site and/or Application immediately, with or without notice to your company or Customer, as applicable, at any time for any reason, including if  (a) you or your Customer has breached any provision of this Agreement (or have acted in a manner that reasonably shows you or your Customer do not intend to, or are unable to, comply with this Agreement); (b) My Home Delivery is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (c) My Home Delivery has elected to discontinue the Site and/or Application. Upon termination of this Agreement, your account and right to access and use the Site and Application will terminate immediately. My Home Delivery will not have any liability whatsoever to you for any termination of the Services, including for termination of your or any of your Customers’ Site and/or Application accounts. Further My Home Delivery shall have no obligation to retain, store, return, or make available any information or data submitted by you or any of your Users or Customers following termination of this Agreement. Your company may terminate this Agreement at any time upon providing My Home Delivery with thirty (30) days’ advance written notice of such termination.
  9. Indemnification. Your company will defend, indemnify, and hold harmless My Home Delivery and its parent, sister, subsidiary, and affiliate entities (each an “Affiliate”), and its and their respective directors, officers, employees, and agents (the “My Home Delivery Parties”) from any and all claims, liabilities, losses, damages, costs, causes of action, or expenses (including reasonable legal fees) (“Claims”) made or filed against or otherwise incurred by any My Home Delivery Party arising from or relating to: (a) use of any Vendor or performance by any Vendor in performance of the Service; (b) use or access of the Site and/or Application; (c) interaction with any other User; (d) violation of this Agreement; (e) violation of applicable laws or regulations; or (f) shipment contents. My Home Delivery reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  The foregoing obligations shall not apply to the extent a court of appropriate jurisdiction has determined any Claim to have been caused by the sole negligence or intentional misconduct of My Home Delivery. You agree not to settle any matter without the prior written consent of My Home Delivery. My Home Delivery will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This indemnification with respect to My Home Delivery applies regardless of any provisions in separate contracts between My Home Delivery and third parties.
  10. Limitation of Liability. You understand and agree that the applicable Vendor is solely liable and responsible for any and all Claims for (i) loss, delay, damage to, and/or destruction of any and all of your or any Customer’s goods or property, and (ii) personal injuries and property damage incurred by you or any Customer or third party arising out of or resulting from a Vendor’s Services (each a “Vendor Claim”). My Home Delivery is not liable for the acts, omissions, negligence, or intentional misconduct of any such Vendor or for any Vendor Claim. The sole liability of My Home Delivery, and the sole recovery of you and/or the Customer against My Home Delivery shall be as set forth in this Section 12.  Without limiting the foregoing, in no event is My Home Delivery responsible for the acts or omissions of any third party, including any Vendor, including, but not limited to, a Vendor’s denial of a valid claim or failure to comply with Customer’s instructions.
  11. Disclaimers and Release. 
    1. THE SITE AND APPLICATION ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE APPLICATION: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR (D) RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. THE APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
    2. MY HOME DELIVERY OFFERS A PLATFORM TO CONNECT YOU AND/OR YOUR CUSTOMERS WITH VENDORS, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SHIPPING SERVICES OR ACT IN ANY WAY AS A CARRIER, COURIER, BROKER, CUSTOMER, OR SHIPPING PROVIDER. IT IS UP TO THE THIRD PARTY VENDOR TO PROVIDE SERVICES, WHICH MAY BE CONTRACTED, SCHEDULED, OR ARRANGED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND FOR YOU AND/OR THE CUSTOMER, AS APPLICABLE, TO PROVIDE COMPENSATION TO THE VENDOR. MY HOME DELIVERY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SHIPPING SERVICES PROVIDED TO YOU OR YOUR CUSTOMERS BY SUCH THIRD-PARTY VENDORS OR FOR ANY COMPENSATION DUE TO SUCH THIRD-PARTY VENDORS BY YOUR OR ANY CUSTOMER. MY HOME DELIVERY SHALL NOT BE DEEMED TO BE AN AGENT OR A PARTNER OF ANY VENDOR OR CUSTOMER FOR ANY REASON. VENDORS SHALL NOT BE DEEMED TO BE A SUBCONTRACTOR OR EMPLOYEE OF MY HOME DELIVERY FOR ANY REASON. ANY DISPUTE YOU OR YOUR CUSTOMERS HAVE WITH ANY VENDOR OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN THE YOU OR YOUR CUSTOMER AND ANY SUCH THIRD PARTY.
    3. YOU HEREBY AGREE TO WAIVE, RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MY HOME DELIVERY PARTIES (AND OUR SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM AND AGAINST, AND DO HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR OR YOUR CUSTOMER’S USE OF THE SITE OR THE APPLICATION, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES EXCEPT TO THE EXTENT, IF ANY, THAT LIABILITY HAS OTHERWISE BEEN EXPRESSLY ASSUMED IN THIS AGREEMENT.
    4. IN NO EVENT SHALL MY HOME DELIVERY BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOLLOWING: (I) ACT BEYOND MY HOME DELIVERY’S CONTROL; (II) ERRORS, MISTAKES, OR INACCURACIES OF THE SITE, APPLICATION, OR SERVICES; (III) LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR ANY CUSTOMER’S ACCESS TO AND USE OF MY HOME DELIVERY’S SITE, APPLICATION, OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF MY HOME DELIVERY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, APPLICATION, OR SERVICES; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, APPLICATION, OR SERVICES BY ANY THIRD PARTY; (VII) ANY USER GENERATED CONTENT, WHETHER GENERATED BY YOU, YOUR CUSTOMER, OR ANY OTHER USER, AND (VIII) ANY LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR OR ANY CUSTOMER’S USE OF ANY THIRD-PARTY CONTENT, SERVICES SHARED THROUGH OUR SITE OR APPLICATION; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY HOME DELIVERY, OR ANY OTHER PARTY, IS 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 MY HOME DELIVERY S​HALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, OTHER USER, OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  12. Modifications. My Home Delivery may modify this Agreement at any time by posting a revised version on My Home Delivery’s Site or in the Application, as applicable, or by otherwise providing notice to you. You are responsible for reviewing this Agreement regularly to stay informed of any modifications. If you continue to use or access the Site and/or Application after the effective date of any modification to this Agreement, you agree to be bound by such modifications. If you do not agree to such modifications, you must stop utilizing the Site and/or Application to request Services. Neither party waives any right under this Agreement by failing to insist on compliance with any of the provisions, or by failing to exercise any of its rights. Any waivers granted are effective only if recorded in writing signed by an authorized representative of the party granting the waiver.
  13. Data Collection and Use. You acknowledge that data or other information will be collected or generated as your company and its Personnel use and/or access the Services through the Site and/or Application. That information or data may be generated and held by you or your Personnel, or may be generated and held by My Home Delivery through use of the Site and/or Application. Together this data is referred to as “Collected Data.” To the extent it is not already in My Home Delivery’s possession, you will provide us with any and all Collected Data upon our request. Certain types of Collected Data may be collected and stored by third parties, and you authorize any third party with access to Collected Data to provide that Collected Data to My Home Delivery. You consent to My Home Delivery’s collection and use of Collected Data and agree to obtain any consents from your Personnel or other third parties to enable us to collect and use Collected Data without restriction. You agree that My Home Delivery owns all Collected Data and that we may use Collected Data and share Collected Data with third parties in our discretion. You waive and release My Home Delivery from all claims arising out of or in any way related to our collection, use, or sharing of Collected Data.

Notwithstanding the foregoing and in accordance with the Privacy Policy, any and all Collected Data containing personal data shall be handled in accordance with all applicable privacy laws and regulations, including without limitation the Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”) and the California Consumer Privacy Act (“CCPA”).

  1. Limited License and Rights Granted.
    1. Subject to the terms of this Agreement, My Home Delivery grants you a nontransferable, non-exclusive, license to install, use, and/or access the Site and/or Application, in executable object code format only, solely on your own computer and/or handheld mobile device and for your individual or internal business use during the term of this Agreement.
    2. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site and/or Application; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site and/or Application; (c) you shall not access the Site and/or Application in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site and/or Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site and/or Application shall be subject to the terms of this Agreement.
  2. Confidentiality.
    1. You and your Affiliates and their respective Personnel will: (i) protect and not disclose the terms of this Agreement, any information, data, and/or records obtained from the Site and/or Application, and any other information that is identified as confidential or that reasonably should be considered confidential to My Home Delivery regardless of when received (“Confidential Information”); (ii) use Confidential Information only to fulfill your company’s obligations under this Agreement; and (iii) promptly return to My Home Delivery or destroy Confidential Information when requested by us or when this Agreement is terminated or not renewed.
    2. You will not, without our prior written consent, (i) use any trademark, logo or other proprietary right of My Home Delivery, or (ii) refer to My Home Delivery or its Affiliates in any advertising or promotional materials.
  3. Non-Solicitation. During the Term of this Agreement and for a period of twenty-four (24) months after its termination, neither you, any Customer, nor any of your affiliates shall, directly or indirectly, solicit from, accept, or receive Services or similar services from any Vendor, other than pursuant to a request by your or any Customer for Services through the Site and/or Application. Further, neither you, any Customer, nor any of your affiliates shall tender, directly or indirectly, cargo to any Vendor to which you or your Customer (i) were first introduced through the Site and/or Application, (ii) first tendered cargo through the Site and/or Application, or (ii)  first received Services or similar services from such Vendor through the Site and/or Application. Should you or your Customer breach the provisions of this section, you will be liable for, and pay to My Home Delivery, twenty percent (20%) of the amount paid by you or your Customer to a Vendor in violation of this provision.  You agree to allow My Home Delivery to review all of your records My Home Delivery determines necessary, in its sole discretion, to ensure compliance with the obligations assumed in this provision.
  4. Notices. All notices to be given under this Agreement shall be given in writing and shall be deemed to have been sufficiently given when received if delivered in person, when transmitted if sent by e-mail or when deposited in the mail of the United States Postal Service, registered or certified, return receipt requested, postage or other charges prepaid, and addressed to the following Parties at the respective addresses set forth be:

If to My Home Delivery:

My Home Delivery, Inc.

95 Cedar Lane, Suite 5

Englewood, New Jersey 07631

If to Your Company: At the address listed for your company in the Site and/or Application.

  1. Choice of Law; Venue. It is agreed by the parties that New Jersey law shall govern, without reference to the conflict of laws contained therein, disputes involving any terms of this Agreement or interpretation thereof, whether arising in contract, tort or otherwise. You hereby waive any jurisdictional rights it might otherwise have. It is also agreed that venue shall be in Bergen County, New Jersey. The parties agree that should any conflict or litigation arise between the parties to this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees and court costs.
  2. Severability/Survivability. In the event that the operation of any portion of this Agreement results in a violation of any law, or any provision is determined by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that such portion or provision shall be severable and that the remaining provisions of the Agreement shall continue in full force and effect. The representations and obligations of the parties shall survive the termination of this Agreement for any reason.
  3. Force Majeure. Neither party shall be liable to the other for failure to perform any of its obligations under this Agreement during any time in which such performance is prevented by fire, flood, or other natural disaster, pandemic, war, embargo, riot, civil disobedience, or the intervention of any government authority, provided that the party so prevented uses its best efforts to perform under this Agreement and provided further, that such party provide reasonable notice to the other Party of such inability to perform.
  4. Waiver. Failure of My Home Delivery to insist upon your or any of your Customer’s compliance with and performance under this Agreement or to exercise any right or privilege provided for herein shall not be a waiver of any My Home Delivery’s rights or privileges herein. No such waiver shall be binding unless it is in writing.
  5. Counterparts. This Agreement may be executed in one or more counterparts, any and all of which shall constitute one and the same instrument.
  6. Entire Agreement. This Agreement, including any Addenda, constitutes the entire agreement intended by and between the parties and supersedes all prior agreements, representations, warranties, statements, promises, information, arrangements, and understandings, whether oral, written, expressed or implied, with respect to the subject matter hereof.