Unishippers' Terms & Conditions

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT (“AGREEMENT”). BY INDICATING BELOW THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH UNISHIPPERS GLOBAL LOGISTICS, LLC.

These terms and conditions control your use of the Unishippers.com website. Your acceptance of the terms and conditions of this Agreement will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively “you” or “your”), to all of the terms and conditions provided below.

Unishippers Global Logistics, LLC. (“Unishippers”) reserves the right to make modifications, alterations or updates to this site and these terms and conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these terms and conditions have changed, and your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.

Please note that, as explained further below, your use of the Unishippers.com website is at your own risk.

1. General Use of Unishippers.com
Unishippers.com is provided solely for the use of Unishippers, its current and potential Unishippers franchisees and the current and potential customers of such franchisees and may not be used by any other person or entity. It may not be used for any purpose other than in connection with the business or potential business relationship between such parties. Specifically, all shipping, tracking, rating, and other related information and services may only be used by Unishippers, Unishippers franchisees and franchisee customers for their own shipments.

2. Restrictions on Use
In addition to the restrictions described in the paragraphs below, use of Unishippers.com to provide information for shipping purposes, prepare shipments, or to obtain shipping services in any manner, other than through Unishippers or Unishippers franchisees, is prohibited. The use of automated dial-in or inquiry devices to obtain information through Unishippers.com is prohibited.

3. Other Terms
There may be additional terms and conditions provided throughout Unishippers.com governing your use of particular services, functions, features, information and applications available through Unishippers.com. Your use of the website constitutes your agreement to such additional terms and conditions as if incorporated here.

4. Unishippers.com Login Account
Upon your request, Unishippers or a Unishippers franchisee may provide you with a login account on Unishippers.com. You must use your designated login and password to access your account and various interactive features on Unishippers.com. A Unishippers.com login account provides you with access to Unishippers’ online services. Unishippers may add other features that may be accessed by persons who have a login account through Unishippers.com. In such event, previously registered login account users will not be required to re-register. By obtaining a login account on Unishippers.com, you agree to provide accurate and current information about yourself as prompted by the Unishippers.com account profile pages and maintain and promptly update your online profile information to keep it accurate and current. When you receive your login account on Unishippers.com, you will also receive a unique User ID and password. You are responsible for maintaining the confidentiality of the password and User ID, and you are responsible for all activities that occur under your password and User ID. You agree to promptly notify Unishippers of any unauthorized use of your User ID and password. You also agree to terminate your Unishippers.com session at the end of each visit to the Unishippers.com web site.

5. Intellectual Property
Unishippers.com and all content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by Unishippers (collectively called the “Content”), and the collection, arrangement and assembly of the Content, is the property of or licensed by Unishippers or its suppliers and service providers and is protected by U.S. and international copyright laws, trademark and other laws. Unishippers does not convey to anyone, by allowing access to Unishippers.com, any rights in Unishippers.com, ownership or otherwise, or in any Content appearing on or made available through Unishippers.com. Except as provided in paragraph 6, (a) no interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by you or any third parties and (b) you may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Unishippers.com or its Content. All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by Unishippers (collectively called the “Marks”) are proprietary to Unishippers or other respective owners that have granted Unishippers the right and license to use such Marks. You do not receive any trademark rights or any other rights in or to the Marks or to the Content. The marks “UNISHIPPERS”, “UNISHIPPERS and the red circle with a U logo”, and “THE SHIPPING COMPANY THAT WORKS FOR YOU and design” are service marks of Unishippers registered in the U.S. Patent and Trademark Office. Some of the other marks of Unishippers are the following: GLOBAL SHIPPING AND PERSONALIZED SERVICE.

6. Limited Copy Use
You may download a copy of information and documents (collectively “Materials”) found on this site, and may print a single copy of such Materials provided that (1) use of such Materials is for you individually for informational purposes only and not for further commercialization, (2) you will not further copy or print more than one copy of the Materials, or post all or any part of them on any network computer, bulletin board or similar service or rebroadcast them via any media, and (3) no modifications, alterations, deletions or derivative work of any Materials is made by any copying or reproduction, redistribution or re-broadcasting. Use for any purpose or for commercial exploitation not expressly granted herein is prohibited. Unishippers may terminate this authorization to use the Materials at anytime. Upon such termination you must immediately destroy all copies of the Materials in your possession. Images of people or places displayed on this site are either the property of, or used with permission by, Unishippers. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on this site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication laws.

7. Interactive Feature Terms
You understand and agree that the use of certain interactive features available on Unishippers.com is to facilitate your obtaining shipping services from third party shipping companies (each a “Carrier”), including United Parcel Service General Services Co. (“UPS”). You agree to be subject to and comply with all obligations and requirements applicable to your use of such shipping services (“Carrier Services”), including all terms, conditions and limitations of liability applicable to your use of such Carrier Services as determined by the applicable Franchisee and, separately, by the applicable Carriers and that Carrier’s rules and tariffs (“Carrier Tariffs”) will take precedence over this Agreement as applicable. Specifically, UPS shipments manifested through the Unishippers.com web site under a UPS account number are subject to and governed by the then current shipping services contract for the applicable UPS account, including the right of UPS to prohibit further shipping under such UPS account. ALL SHIPMENTS TENDERED TO UPS FOR DELIVERY ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE UPS TARIFF/TERMS AND CONDITIONS OF SERVICE IN EFFECT AT THE TIME OF SHIPPING. The UPS Tariff/Terms and Conditions of Service can be found at www.ups.com.

You assume all responsibility for the preparation and accuracy of the information that you provide to the Carriers and, if applicable, your Unishippers franchisee, using such interactive features, and the preparation and accuracy of all applicable shipping documentation. You assume all responsibility for complying with any applicable export requirements imposed by law on your shipping activity.

Additionally, you agree to remit payment for all charges in connection with your use of such Carrier Services imposed by Carriers or, if applicable, your Unishippers franchisee. If the information you provide about a shipment is incomplete or inaccurate in any way, you authorize the applicable Carrier and/or your Unishippers franchisee to complete or correct it on your behalf and adjust the charges accordingly. You agree to pay or reimburse your franchisee for all shipment charges, storage charges, duties and taxes owed for Carrier Services provided by a Carrier on your behalf and all claims, damages, fines and expenses incurred as a result of customs or your or the consignee’s failure to provide proper documentation or to obtain any required authorizations, licenses or permits and any other expenses that are assessed or incurred in connection with shipments tendered by you (collectively, “Additional Charges”). If your original payment is made by use of a credit card, you expressly authorize your Unishippers franchisee to obtain payment of the Additional Charges by use of such credit card. All payments for UPS Carrier Services shall be paid by you to Unishippers or the applicable Unishippers’ franchisee(s). With respect to a UPS Carrier Service, you specifically acknowledge that you will deal exclusively with the Unishippers franchisee through which you obtained shipping services for all claims for cargo loss, damage and delay, as well as all other claims arising out of the transportation of a shipment.

You will defend, indemnify and hold harmless Unishippers, Unishippers franchisees and Unishippers’ affiliated companies, and their respective officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of your failure to so comply with the Carriers’ shipping terms and conditions of service, your franchisee’s terms and conditions or legal requirements applicable to your shipping activities.

To the extent that Unishippers.com’s features provide you with the opportunity to send messages regarding your use of the website or related shipping services, Unishippers does not commit to keeping your message private or confidential. By using such features, you acknowledge that Unishippers is providing the technical functionality only, and that you are solely responsible for the content of such messages. Unishippers undertakes no duty to monitor any messages sent by you. However, Unishippers, in its sole discretion, may elect, but is not obligated, to look at your messages to protect itself. You may not use Unishippers.com 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 Unishippers sees or hears about messages sent via such features that violate these provisions, or that may damage Unishippers, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.

You acknowledge that all data you transfer to UPS through Unishippers.com will be used by UPS, and its then current affiliates, and their respective shareholders, officers, directors, employees, agents, partners, third party suppliers and third party licensors (“UPS Parties”) consistent with the UPS Privacy Policy in force at the time of the submission of such data. You hereby authorize and appoint UPS, UPS Supply Chain Solutions, Inc. and their affiliates, successors and assigns to share records referred to in 19 C.F.R., Parts 111 and 163, including any documents, data, or information pertaining to the your business, with any or all of the subsidiaries and/or divisions of United Parcel Service, Inc. (cumulatively, “UPSI”). UPSI, including without limitation, UPS and UPS Supply Chain Solutions, Inc., may engage a third party to provide routine and administrative business processes (e.g. bill generation, collections, banking, data imaging, and document storage), and you hereby provide UPSI with consent to the release of documents, including those pertaining to your business, for the purpose of the recipient performing such routine and administrative business processes. You acknowledge, consistent with the UPS Supply Chain Solutions, Inc. Terms and Conditions of Service, that you have the duty and are solely liable for maintaining all records required under the Customs and/or other laws of the United States and that UPSI is not required to, and UPSI does not accept an obligation to, act as a “recordkeeper” or “recordkeeping agent” for you. YOU UNDERSTAND AND ACKNOWLEDGE THAT UPS WILL SHARE INFORMATION RELATING TO YOUR SHIPPING VIA UPS WITH UNISHIPPERS AND UNISHIPPERS’ FRANCHISEES, AND YOU HEREBY CONSENT TO SAME.

To the extent that Unishippers.com’s features provide you with the opportunity to maintain an address book for repeated use of data for using interactive features and services on the website, or maintains other of your information in any fashion, Unishippers will use reasonable efforts to maintain such data. If you do not use such address book data for a period of 6 months, Unishippers may delete your data. You should maintain a back-up copy of your addresses. Unishippers will not be responsible for the loss of addresses contained in the address book or the loss or inaccuracy of any other data maintained on your behalf.

The UPS package tracking systems accessed via Unishippers.com (the “UPS Tracking Systems”) and UPS tracking information obtained through Unishippers.com (the “Tracking Information”) are the private property of UPS. UPS authorizes you to use the UPS Tracking Systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Without limitation, you are not authorized to make the Tracking Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Tracking Information for commercial gain without the express written consent of UPS. This is a personal service, thus your right to use the UPS Tracking Systems or Tracking Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

UPS provides international shipping forms and access to an application that generates such forms and provides related information (“International Shipping Application”) via Unishippers.com for the convenience of its valued customers. However, use of these forms and the International; Shipping Application is at your own risk, and the forms and information generated by or referred to in the International Shipping Application may change or be updated without notice. The selection of the appropriate forms and the proper completion of all necessary documentation is the responsibility of the shipper. Suggestion of forms by the International Shipping Application does not constitute legal advice to the shipper or any other person. Additional documentation not provided by the International Shipping Application may be required to clear your international package through Customs. IN NO EVENT WILL UPS OR UNISHIPPERS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN THE INFORMATION, FORMS, OR FEATURES OF THE INTERNATIONAL SHIPPING APPLICATION, EVEN IF YOU HAVE ADVISED UPS AND/OR UNISHIPPERS OF THE POSSIBILITY OF SUCH DAMAGES. UPS AND UNISHIPPERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE INTERNATIONAL SHIPPING APPLICATION AND THE FORMS AND INFORMATION PROVIDED BY THE INTERNATIONAL SHIPPING APPLICATION INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Warranty and Disclaimer of Warranty
You warrant and represent to Unishippers that you and the individuals you appoint are authorized to act in the manner in which they act to secure the Carrier Services and that your use of the Unishippers.com web site and Carrier Services shall at all times be in compliance with all applicable laws, rules and regulations, including, but not limited to, customs, import, export, bonding (inclusive of alcoholic beverages) and those laws, rules and regulations that apply to the offer and shipment of hazardous materials or dangerous goods. If you offer hazardous materials or dangerous goods, you specifically warrant that (a) you are qualified by all regulations and laws; (b) you are the sole offeror; and (c) you are not relying in any way upon Unishippers as a qualified offeror. You warrant and represent to UPS that you: (i) have the right to provide UPS the data you transfer to UPS through the Unishippers.com web site; and (ii) you have a bona fide interest in the UPS information you receive through the Unishippers.com web site and shipments associated with such information.

UNISHIPPERS.COM AND THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) CONTAINED IN OR OFFERED THROUGH UNISHIPPERS.COM (INCLUDING WITHOUT LIMITATION, DROP BOX LOCATOR AND SHIPMENT TRACKING SERVICES AND SHIPPING RELATED INFORMATION) ARE PROVIDED ON AN “AS IS” BASIS BY UNISHIPPERS AND ITS LICENSORS AND THE CARRIERS WITHOUT WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNISHIPPERS AND ITS FRANCHISEES, LICENSORS AND CARRIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OR INABILITY TO USE UNISHIPPERS.COM AND THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) CONTAINED IN OR OFFERED THROUGH UNISHIPPERS.COM, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNISHIPPERS DOES NOT WARRANT THAT FEATURES ON UNISHIPPERS.COM WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. THE INFORMATION ON OR PROVIDED BY UNISHIPPERS.COM COULD CONTAIN ERRORS, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. UNISHIPPERS ASSUMES NO OBLIGATION TO CORRECT ANY ERROR, INACCURACY OR DEFECT IN THIS SITE. FURTHER, UNISHIPPERS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF THE FEATURES ON UNISHIPPERS.COM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY UNISHIPPERS, AN AUTHORIZED REPRESENTATIVE OF UNISHIPPERS OR A FRANCHISEE SHALL CREATE A WARRANTY THAT IS INCONSISTENT OR CONFLICTING WITH THE FOREGOING DISCLAIMER.

9. Limitation of Liability
USE OF UNISHIPPERS.COM AND THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) CONTAINED IN OR OFFERED THROUGH UNISHIPPERS.COM IS AT YOUR SOLE RISK. NEITHER UNISHIPPERS NOR ANY OF ITS AFFILIATED COMPANIES, FRANCHISEES, SUBSIDIARIES, SUPPLIERS, CARRIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES ARISING UNDER THIS AGREEMENT UNDER ANY THEORY OF LAW (A) ARISING OUT OF YOUR USE OR INABILITY TO USE UNISHIPPERS.COM IN ANY MANNER; (B) FOR ANY ERRORS IN THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) ON UNISHIPPERS.COM; (C) FOR THE PROVISION OR USE OF ANY CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) VIA THIS UNISHIPPERS.COM; (IV) FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON RESULTING FROM YOUR USE OF UNISHIPPERS.COM, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS OR DATA, EVEN IF YOU HAVE ADVISED UNISHIPPERS, ANY OF ITS AFFILIATED COMPANIES, FRANCHISEES, SUBSIDIARIES, SUPPLIERS, CARRIERS AND/OR SERVICE PROVIDERS OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND THAT IF YOU BECOME DISSATISFIED WITH THE UNISHIPPERS.COM WEB SITE OR THE SERVICE OR UNISHIPPERS’S POLICIES OR DISAGREE WITH ANY MODIFICATION TO THE UNISHIPPERS.COM WEB SITE OR ANY THE SERVICE PROVIDED THROUGH THE UNISHIPPERS.COM WEB SITE, THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE YOUR USE OF THE UNISHIPPERS.COM WEB SITE AND SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

10. Indemnity
You agree to defend, indemnify and hold harmless Unishippers and its affiliate companies and franchisees and their respective officers, directors, employees, agents and representatives from any and all claims arising out of your breach of any of these terms and conditions, and any of your activities conducted in connection with this site.

11. Changes to Unishippers.com
Unishippers may change Unishippers.com and its Content, at any time without notice. Your subsequent viewing or use of Unishippers.com will constitute your agreement to the changes and modifications.

12. Termination of Use
Unishippers may discontinue, suspend or modify Unishippers.com at any time with or without reason and without notice, and Unishippers may block, terminate or suspend any user’s access to Unishippers.com at any time for any reason in its sole discretion, even if it allows access to others.

13. Links to Other Websites
Unishippers.com site contains “links” that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Unishippers. Unishippers 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. Unishippers makes no representations regarding the correctness, performance or quality of any software found at any such sites.

14. Privacy Policy
The Unishippers Privacy Policy governs the use of information acquired from you through Unishippers.com; however, with respect to UPS related shipping information provided to or from UPS utilizing the Unishippers.com web site, the UPS Privacy shall govern UPS’s use of such information.

15. Controlling Law and Severability
Your use of Unishippers.com under these agreed-upon terms and conditions is governed by and construed in accordance with the laws of the United States and the State of Utah, 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 Unishippers.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 Salt Lake County, Utah. This Agreement may not be changed or modified without the written consent of Unishippers.

16. Reservation of Rights
Any rights not expressly granted by Unishippers in these terms and conditions are reserved.

17. Construction and Severability
If any provision of this Agreement or any part of any such provision is held under any circumstances to be invalid or unenforceable in any jurisdiction, then (i) such provision or part thereof shall, with respect to such circumstances and in such jurisdiction, be deemed amended to conform to applicable laws so as to be valid and enforceable to the fullest possible extent, (ii) the invalidity or unenforceability of such provision or part thereof under such circumstances and in such jurisdiction shall not affect the validity or enforceability of such provision or part thereof under any other circumstances or in any other jurisdiction, and (iii) such invalidity or enforceability of such provision or part thereof shall not affect the validity or enforceability of the remainder of such provision or the validity or enforceability of any other provision of this Agreement.

18. Assignment
You may not assign or transfer by contract, by operation or law or otherwise this Agreement or your rights or obligations hereunder without Unishippers’ prior written consent. Unishippers may assign this Agreement and its rights and obligations in its sole discretion and without your consent.

19. Third Party Beneficiary
You expressly acknowledge that UPS is a third party beneficiary to Sections 5, 7, 8, and 9 for all purposes, including the right to bring a claim or cause of action or seek a remedy or right of any kind.

ACCEPTANCE OF AGREEMENT
You understand that you can accept these terms and conditions for the use of the Unishippers.com Web Site and the Services electronically or by manual execution of this Agreement. Your acceptance shall represent you have read and understand all the terms and conditions.

Last Updated: 12/09/2008

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