Terms of Use
 
 

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SHIPCLUB.COM, LLC. SERVICES AT SHIPCLUB.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

SHIPCLUB.COM MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF SHIPCLUB.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT SHIPCLUB.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH SHIPCLUB.COM.

  1. Definitions
  2. Use of ShipClub.com
  3. ShipClub.com Login Registration
  4. Changes to ShipClub.com
  5. Termination of use
  6. Ownership
  7. Disclaimer of warranty
  8. Limitation of Liability
  9. Indemnity
  10. Links to other web sites
  11. Privacy Policy
  12. Export
  13. Controlling Law and Severability
  14. Terms of Carriage
  15. ShipClub.com ShipAlert(SM)
  16. Address Book
  17. Courtesy Rate Quote
  18. H.M. Customs and Excise Forms

Section 1. Definitions.

Content: information, graphics, products, features, functionality, services, and links on ShipClub.com.
ShipClub.com: ShipClub.com, LLC., Shipclub and its subsidiary companies
You: Yourself and the entity that you are authorized to represent.


Section 2. Use of ShipClub.com.

ShipClub.com is provided solely for the use of current and potential ShipClub.com customers to interact with ShipClub.com and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving ShipClub.com invoices and remitting payment using electronic funds transfer ("EFT"), drop-off location, identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential ShipClub.com customers for their own shipments. Use of ShipClub.com to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.

The use of automated dial-in or inquiry devices to obtain information through ShipClub.com is strictly prohibited.

ShipClub.com does not accept ideas, concepts, or techniques for new services or products through ShipClub.com. If such information is received, it will not be considered confidential and ShipClub.com will be deemed free to use, communicate and exploit such information in any manner it chooses.


Section 3. ShipClub.com Login Registration.

You may choose to register on ShipClub.com to access interactive features. ShipClub.com Login provides you with access to www.shipclub.com, and other online services. In the future, ShipClub.com may add other features that may be accessed through ShipClub.com Login. In such event, previously registered users will not be required to re-register.

By registering on ShipClub.com, You agree to provide accurate and current information about Yourself as prompted by the ShipClub.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.

Some ShipClub.com services are being made available to customers based in some countries and not others. You agree to register only for ShipClub.com services offered on the ShipClub.com website for the country in which your ShipClub.com account is based.

When you register using ShipClub.com Login Registration, you will select a email ID and password. You are responsible for maintaining the confidentiality of the password and email ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify ShipClub.com of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your ShipClub.com session at the end of each visit.


Section 4. Changes to ShipClub.com.

ShipClub.com and its Content, may be changed, deleted or updated at any time without notice.


Section 5. Termination of Use.

ShipClub.com may discontinue, suspend or modify ShipClub.com at any time without notice, and ShipClub.com may block, terminate or suspend Your and any user's access to ShipClub.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.


Section 6. Ownership.

ShipClub.com and its content are protected by Shipclub.com, LLC and other laws. All rights reserved. Specifically, ShipClub.com does not convey to anyone, through allowing access to ShipClub.com, any ownership rights in ShipClub.com or in any Content appearing on or made available through ShipClub.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of ShipClub.com or its Content.


Section 7. Disclaimer of Warranty.

SHIPCLUB.COM AND ITS CONTENT ARE PROVIDED "AS IS". SHIPCLUB.COM AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE SHIPCLUB.COM AND ITS CONTENT.

SHIPCLUB.COM EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SHIPCLUB.COM AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHIPCLUB.COM DOES NOT WARRANT THAT SHIP MANAGER WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SHIPCLUB.COM WILL BE CORRECTED. FURTHERMORE, SHIPCLUB.COM DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE SHIPCLUB.COM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY SHIPCLUB.COM OR ANY AUTHORIZED REPRESENTATIVE OF SHIPCLUB.COM SHALL CREATE A WARRANTY.


Section 8. Limitation of Liability.

USE OF SHIPCLUB.COM AND ITS CONTENT IS AT YOUR SOLE RISK. SHIPCLUB.COM WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SHIPCLUB.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED SHIPCLUB.COM OF THE POSSIBILITY OF SUCH DAMAGES.


Section 9. Indemnity.

You agree to defend, indemnify and hold harmless ShipClub.com and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.


Section 10. Links to other web sites.

There are links on the ShipClub.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by ShipClub.com. ShipClub.com makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

ShipClub.com has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.


Section 11. Privacy Policy.

The ShipClub.com Privacy Policy governs the use of information acquired from You through ShipClub.com.


Section 12. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access ShipClub.com regarding access, use, export, re-export and import of any Content appearing on or available through ShipClub.com.

You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.


Section 13. Controlling Law and Severability.

This Agreement and Your use of ShipClub.com is governed by and construed in accordance with the laws of the United States and the State of Florida, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Any cause of action with respect to ShipClub.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Palm Beach County, Florida. This Agreement may not be changed or modified without the written consent of ShipClub.com.


Section 14. Terms of Carriage.

(i) Customer agrees that domestic and international carriage by ShipClub.com of any shipments shall be in accordance with the actual carriers terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively "Shipping Documentation") and as appropriate any transportation agreement between Customer and ShipClub.com covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the ShipClub.com subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of any other software shall not alter Your responsibility for the preparation and accuracy of shipping documentation including import/export forms.

(ii) In the event Customer uses any software to process shipments tendered to ShipClub.com for delivery by certain carriers to locations outside the United States or country of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by ShipClub.com from time to time (and which may be amended or modified from time to time at ShipClub.com's sole discretion) are placed on the Shipping Documentation as may be instructed by ShipClub.com, for all such international shipments. Customer will defend, indemnify and hold harmless ShipClub.com, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow ShipClub.com's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.

(iii) Printed Signature. Customer acknowledges that if any software is used to process shipments to locations outside the United States or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to ShipClub.com using any shipping software. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of ShipClub.com's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by ShipClub.com, or its independent contractor.

(iv) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is ShipClub.com 7800 Congress Avenue, Suite 206, Boca Raton, FL 33487 . The address for ShipClub.com 7800 Congress Avenue, Suite 206, Boca Raton, FL 33487.


Section15. ShipClub.com.

ShipClub.com provides You with the opportunity, via software, to use ShipClub.com Such Software may send a message to the recipient informing them of Your shipment. This feature is provided free of charge. ShipClub.com may modify or terminate the use of ShipClub.com software at any time.

ShipClub.com does not commit to keeping Your message private or confidential. By using ShipClub.com software You acknowledge that ShipClub.com is providing the technical functionality only, and that You are solely responsible for the content of Your messages. ShipClub.com undertakes no duty to monitor any messages sent by You. However, ShipClub.com, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.

Do not use ShipClub.com software for anything other than to communicate information about Your shipment. You may not use ShipClub.com software to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If ShipClub.com sees or hears about messages sent via ShipClub.com software that violate these provisions, or that may damage ShipClub.com, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.

It is not necessary to use ShipClub.com software to ship a package via other software programs. ShipClub.com will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.


Section16. Address Book.

Subject to the terms listed here, addresses will remain in Your Address Book as long as You use SHIPCLUB.com software. If You do not use SHIPCLUB.com for a period of 6 months, ShipClub.com will delete Your addresses.

However, ShipClub.com will not delete Your SHIPCLUB account. If You have any concerns, please email ShipClub.com at techsupport@ShipClub.com. The Address Book is a feature provided free of charge by ShipClub.com. You should maintain a back-up copy of Your addresses as ShipClub.com will not be responsible for the loss of addresses contained in the Address Book. ShipClub.com may modify or terminate this feature at any time for any reason.


Section17. Courtesy Rate Quote.

The courtesy rate reflected by the Courtesy Rate Quote on ShipClub.com software, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable ShipClub.com Service Guide or the ShipClub.com Rate Sheets for details on how shipping charges are calculated.


Section18. H.M. Customs and Excise Forms.

H.M. Customs and Excise forms. H.M. Customs and Excise Forms are subject to Crown copyright and are reproduced on Global Trade Manager under license from the Controller of Her Majesty's Stationery Office. Visitors to this site may reproduce and use these forms, but have no right to authorize third parties to use them.

 

 
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