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Terms and Conditions of SMARTSHIP MANAGER ™

STATED BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH CUSTOMERS ARE PERMITTED TO USE THE SMARTSHIP MANAGER AT JETDELIVERY.COM. PLEASE REVIEW THIS INFORMATION AND PRINT THE MATERIAL FOR YOUR CORPORATE FILES. BY USING ANY SMARTSHIP MANAGER SERVICES ON THE JET DELIVERY, INC. WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT. UPON ACKNOWLEDGEMENT, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN JET DELIVERY AND THE CUSTOMER GOVERNING ALL USE OF SMARTSHIP MANAGER.

Article 1. Customer Confidentiality

In accordance with the terms and conditions set forth in this Agreement, Jet Delivery, Inc. provides it’s customers with a royalty-free opportunity to use SMARTSHIP MANAGER. The customer is responsible for maintaining the confidentiality of all information distributed by Jet Delivery, Inc. This information includes, but is not limited to customers account number and password. Furthermore, customer is responsible for designating the appropriate personnel within the organization to use SMARTSHIP MANAGER.

Article 2. Copyright Information

Jet Delivery, Inc. holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to SMARTSHIP MANAGER. Customer can not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble SMARTSHIP MANAGER without the express written consent of authorized, as defined by senior management upon request, person(s) at Jet Delivery, Inc.

Article 3. System Changes

Customer acknowledges and agrees to follow all instructions set forth in reference to the use of SMARTSHIP MANAGER. Instructions include but are not limited to information on the corporate website and available customer information at corporate headquarters. Furthermore, Jet Delivery, Inc. maintains the right to modify and/or terminate SMARTSHIP MANAGER at any time for any reason without notice.

Article 4. Customer Risk

Customer acknowledges and agrees that SMARTSHIP MANAGER is made available at Customers sole risk. In now way does Jet Delivery, Inc. guarantee the accuracy, reliability, or function ability of SMARTSHIP MANAGER. Under no circumstances, shall Jet Delivery, Inc. be liable for any damages, under any jurisdiction of law, resulting from the use, or inability of use, of SMARTSHIP MANAGER.

Article 5. Agreement Conflict

Customer agrees that all cartage shipments placed on SMARTSHIP MANAGER will be governed by both the “Conditions of Cartage” and this agreement. Copies of both terms are accessible upon request. If a conflict between the “Conditions of Shipment” and this Agreement is present, the legal issues will be solved under consideration of the terms set forth in the documents, in the order aforementioned.

Article 6. Address Book

Customer is encouraged to maintain a back-up copy of their addresses as Jet Delivery, Inc. is not responsible for the loss of addresses contained in the Address Book. Jet Delivery, Inc. maintains the right to modify or terminate this feature at any time for any reason.

Article 7. Privacy Information

If specified by the customer, Jet Delivery, Inc. will store customer SMARTSHIP MANAGER User ID and account number in the browser for convenience purposes when using SMARTSHIP MANAGER. If this option is selected, customer should know that unauthorized use of SMARTSHIP MANAGER may occur as SMARTSHIP MANAGER may be accessible to all parties with access to customer’s computer. Customer is responsible for, and agrees to pay, all charges incurred under their SMARTSHIP MANAGER User ID and account number.

Article 8. Legal Jurisdiction

This Agreement shall be governed by the laws of the United States and the State of California, without reference to its conflicts of law provisions. If a portion of this agreement is found by a competent court of jurisdiction to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Jet Delivery, Inc. must be properly notified in a written statement by an attorney representing customer within six months of any legal action, with respect to SMARTSHIP MANAGER, or it will be barred in a court of competent jurisdiction.

Article 9. Agreement Modifications

Jet Delivery, Inc. maintains the right to modify this Agreement at any time for any reason. Modifications to the user agreement that significantly impact parties using the service (significant as defined by appropriate personnel inside Jet Delivery, Inc.) shall be posted in the “News” section of the corporate web-page under the heading of “Changes to User Agreement.” All changes are effective 24-hours after being made available to parties involved in the agreement, and will be applicable to future uses of the SMARTSHIP MANAGER platform.

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