1. Contractual Relationship
These User Terms and Conditions (the "Terms") govern the access or use by you, an individual, from within the continental United States and the Commonwealth of Puerto Rico of applications, websites, content, products, and services (collectively the "Services") made available in said territory by Logistics Technology Solutions, LLC doing business as “JAIME” (collectively, "JAIME").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and JAIME. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements between JAIME and you. JAIME may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. JAIME reserves the right, at its sole discretion, to discontinue or modify the Services and any of the Terms, including the fees in connection with the Services, as JAIME deems necessary or desirable, without prior notice to you. JAIME will notify you of any substantial changes to the Services and/or these Terms by posting a notice on the Application or sending you an e-mail to the e-mail address that is registered with your Account. Any changes to these Terms will be effective upon the posting of the notice on the Application or the dispatch of an e-mail notice to you, provided that these changes will not apply to any transactions prior to the effective date of such changes, which will be stated on the Application or e-mail. The changes will be effective immediately for new users of the Application and any transactions by such new users. Therefore, we suggest that you review this important notice containing our Terms from time to time in order to stay informed as to any such changes. Please be advised that any use of the Services or the Application by you after such notice has been posted on the Application or sent to you via e-mail, shall be deemed to constitute acceptance by you of such modifications. If you find that the modified Terms are unacceptable, please discontinue your use of the Services and the Application. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2. The Services
The term “Services” as used in the Terms constitute a technology platform that enables users of JAIME's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with JAIME or certain of JAIME's affiliates ("Third Party Providers"). Unless otherwise agreed by JAIME in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT JAIME DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTIONS AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, JAIME grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application(s) on your personal device(s) solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by JAIME and JAIME's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JAIME; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (vii) allow any other person other than yourself to use your Account; or (viii) submit false or incorrect information to JAIME (collectively, “Unauthorized Use”).
If you breach or infringe, or JAIME reasonably suspects that you may have breached or infringed any of the provisions of this section, or any other provisions, representations or covenants of these Terms, JAIME may, in its sole discretion, suspend, cancel, and/or terminate your Account, access to the Services, the Application or any part there with or without previous notice to you. JAIME may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms, your Account and/or any of the Services or any part thereof for any or no reason with or without notice to you. If JAIME suspends, cancels, or terminates your Account or your subscription to any of our Services or access to the Application under this or any other section of these Terms, JAIME shall have no liability or responsibility to you, including without limitation that JAIME will not be responsible or liable for any payments made by you for any Services even if you have not received the Services. Nothing in this paragraph or elsewhere in these Terms will be interpreted as creating any responsibility on JAIME. Your infringement of any of the Terms, including without limitation the provisions of this section, does not provide you the right to any refund from JAIME.
You understand and agree that any unauthorized use of the Services or the Application will result in irreparable injury to JAIME, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, JAIME, its affiliates and/or their business partners, licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that JAIME, its affiliates, and/or their business partners, and/or licensors may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Provision of the Services.
You acknowledge that portions of the Services may be made available under JAIME's platforms. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of JAIME's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content.
The Services, the Applications and all rights therein are and shall remain JAIME's property or the property of JAIME's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner JAIME's company names, logos, product and service names, trademarks or services marks or those of JAIME's licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services Account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to JAIME certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or JAIME's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by JAIME in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by underage persons. You may not authorize third parties to use your Account, and you may not allow underage persons to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and/or the Application, and you may only use the Services and/or the Application for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services and/or the Application, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that JAIME may send you informational text (SMS) messages as part of the Services. You may opt-out of receiving text (SMS) messages from JAIME at any time by notifying JAIME to stop. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
JAIME may, in JAIME's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that JAIME establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by JAIME; (iii) may be disabled by JAIME at any time for any reason without liability to JAIME; (iv) may only be used pursuant to the specific terms that JAIME establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use of them. JAIME reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that JAIME determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
JAIME may, in JAIME's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to JAIME through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to JAIME, you grant JAIME a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and JAIME's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant JAIME the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor JAIME's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is inaccurate, misleading, defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by JAIME in its sole discretion, whether or not such material may be protected by law. JAIME may, but shall not be obligated to, review, monitor, or remove User Content, at JAIME's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. JAIME does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device(s). In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the Services you may receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, JAIME will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by JAIME in its sole discretion. You will be charged the tariffs established from time to time by the regulatory agencies, including but not limited to the Puerto Rico Tourism Company and the Puerto Rico Public Service Commission, as applicable to the particular Third Party Provider service. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. JAIME will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by JAIME using the preferred payment method designated in your Account, after which JAIME will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that JAIME may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and JAIME, JAIME reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time, in JAIME's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. JAIME will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. JAIME may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival or the commencement of Services, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the Services provided. JAIME does not designate any portion of your payment as a tip or gratuity to the Third Party Provider unless specified and requested by you. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
All Charges payable by you in connection with the Services will include any applicable taxes and duties, including any applicable sales taxes and value added taxes (collectively the “Transaction Taxes”). In order to receive the Services, you will responsible for the payment of the Charges plus any related Transaction Taxes. You will provide JAIME any information that JAIME may reasonably request to determine whether JAIME is obligated to collect any Transaction Taxes from you, which determination shall be made exclusively by JAIME.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." JAIME DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, JAIME MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JAIME DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU HEREBY RELEASE AND DISCHARGE JAIME AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE SERVICES OR THE USE OF THE SERVICES AND/OR THE APPLICATION BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OR MISCONDUCT OF JAIME IN PROVIDING THE SERVICE.
LIMITATION OF LIABILITY.
JAIME SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES OR THE APPLICATION, EVEN IF JAIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JAIME SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR THE APPLICATION OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR THE APPLICATION; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF JAIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JAIME SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JAIME'S REASONABLE CONTROL. ALL THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH JAIME ARE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL JAIME'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE ACTUAL AMOUNTS PAID FOR THE SERVICE FOR THE PRECEDING THREE (3) MONTHS. JAIME'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT JAIME HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold JAIME and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) JAIME's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers; (v) and/or your negligence or misconduct in your use of the Services and/or the Application.
6. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and JAIME, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and JAIME are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and JAIME otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and JAIME otherwise agree, the arbitration will be conducted in the municipality of San Juan, Puerto Rico. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and JAIME submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. JAIME will not seek, and hereby waives all rights JAIME may have under applicable law to recover, attorneys' fees and expenses if JAIME prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if JAIME changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing JAIME written notice of such rejection by mail or hand delivery to: Logistics Technology Solutions, LLC, Attn: Dispute Resolutions, PO Box 194884, San Juan, PR 00919, or by email from the email address associated with your Account to: email@example.com, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and JAIME in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without giving effect to
any conflict of law principles.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to JAIME's designated agent. Please visit JAIME's web page at www.jaimetelleva.com/legal/ for the designated address and additional information.
ENTIRE AGREEMENT; SEVERABILITY.
These Terms constitute the entire agreement between you and JAIME and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms. If any term, provision, covenant or restriction of the Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of the Terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. JAIME’s failure to pursue any available claim or defense pursuant to the Terms will not be a waiver of such claim or defense. The headings used in this document are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
JAIME may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to JAIME, with such notice deemed given when received by JAIME, at any time by first class mail or pre-paid post to Logistics Technology Solutions, LLC Attn: Dispute Resolutions, PO Box 194884, San Juan, PR 00919.
You may not assign these Terms without JAIME's prior written approval. JAIME may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of JAIME's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, JAIME or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. JAIME's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JAIME in writing.
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