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.

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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.

• Privacy Policy refers to FUNDELIVERED’s policies regarding how We use the information You provide to Us by using the Site and Services.

• 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.

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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.

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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.

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Changes.

FUNDELIVERED may make changes to the Materials and Services offered on the Site at any time. FUNDELIVERED can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. You will be notified upon entering the Site if and when the Terms are updated.

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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. 

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Returns.

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.

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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.

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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.

 

Communications.

By using the Site and/or the Services provided on or through the Site, You consent to receiving electronic and telephonic communications, as well as SMS mobile text messages from FUNDELIVERED. Electronic, telephonic, mobile, and SMS text communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

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Privacy Policy.

Please review FUNDELIVERED Privacy Policy, which is available at https:// www.fundelivered.com/privacy-policy which explains how We use information that You submit to FUNDELIVERED.

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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.

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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.

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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.

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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; 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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. 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.

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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.

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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).

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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.

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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.

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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.

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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.

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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.

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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 FUNDERLIVERED. 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.

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Entire Agreement

These Terms are 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.

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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).

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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.