The following terms and conditions govern your use of ubxpress.com, Including ubxpress Labels. Your viewing or use of this site will constitute your agreement, on behalf of yourself and entity you represent (Hereinafter collectively "You or Your"), To all of the terms and conditions provided below. ubxpress may make future changes or modifications to such terms and conditions at any time without notice, and your subsequent viewing or use of ubxpress.com will constitute your agreement to the changes and modifications. There may be additional terms and conditions provided throughout ubxpress.com governing your use of Particular functions, features, information and applications available through ubxpress.com. |
Section 1. Definitions. |
Content: information, graphics, products, features, functionality, services, and links on ubxpress.com, including ubxpress Labels, and ubxpress Billing Online. UBX: United Business Xpress, Incorporated, and its subsidiary companies |
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Section 2. Use of ubxpress.com. |
ubxpress.com is provided solely for the use of current and potential ubxpress customers to interact with ubxpress and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving UBX 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 UBX customers for their own shipments. Use of ubxpress.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 ubxpress.com is strictly prohibited. ubxpress does not accept ideas, concepts, or techniques for new services or products through ubxpress.com. If such information is received, it will not be considered confidential and ubxpress will be deemed free to use, communicate and exploit such information in any manner it chooses. |
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Section 3. ubxpress.com Login Registration. |
You may choose to register on ubxpress.com to access interactive features on ubxpress.com. ubxpress.com Login provides you with access to ubxpress Labels, and other online services. The availability of these services varies by country. In the future, ubxpress may add other features that may be accessed through ubxpress.com Login. In such event, previously registered users will not be required to re-register. By registering on ubxpress.com, You agree to provide accurate and current information about Yourself as prompted by the ubxpress.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current. Some ubxpress.com services are being made available to customers based in some countries and not others. You agree to register only ubxpress.com services offered on the ubxpress.com website for the country in which your ubxpress account is based. When you register using ubxpresscom Login Registration, you will select a 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 (a) immediately notify ubxpress of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your ubxpress.com session at the end of each visit. |
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Section 4. Changes to ubxpress.com. |
ubxpress.com and its Content, may be changed, deleted or updated at any time without notice. |
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Section 5. Termination of Use. |
ubxpress may discontinue, suspend or modify ubxpress.com at any time without notice, and ubxpress may block, terminate or suspend Your and any user's access to ubxpress.com at any time for any reason in its sole discretion, even if access continues to be allowed to others. |
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Section 6. Ownership. |
ubxpress.com and its Content are protected by United States trademark and other laws. All rights reserved. Specifically, ubxpress does not convey to anyone, through allowing access to ubxpress.com, any ownership rights in ubxpress.com or in any Content appearing on or made available through ubxpress.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of ubxpress.com or its Content. |
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Section 7. Disclaimer of Warranty. |
ubxpress.com AND ITS CONTENT ARE PROVIDED "AS IS". ubxpress 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 ubxpress.com AND ITS CONTENT. ubxpress EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING ubxpress.com, SHIP MANAGER 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. ubxpress 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 SHIP MANAGER WILL BE CORRECTED. FURTHERMORE, ubxpress DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF SHIP MANAGER OR GLOBAL TRADE MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY ubxpress OR AN AUTHORIZED REPRESENTATIVE OF ubxpress SHALL CREATE A WARRANTY. |
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Section 8. Limitation of Liability. |
USE OF ubxpress.com AND ITS CONTENT IS AT YOUR SOLE RISK. ubxpress 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 ubxpress.com AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED ubxpress OF THE POSSIBILITY OF SUCH DAMAGES. |
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Section 9. Indemnity. |
You agree to defend, indemnify and hold harmless ubxpress and affiliate companies 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. |
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Section 10. Links to other web sites. |
There are links on the ubxpress.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 ubxpress. ubxpress 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. ubxpress 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. |
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Section 11. Privacy Policy. |
The ubxpress Privacy Policy governs the use of information acquired from You through ubxpress.com. |
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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 ubxpress.com regarding access, use, export, re-export and import of any Content appearing on or available through ubxpress.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. |
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Section 13. Controlling Law and Severability. |
This Agreement and Your use of ubxpress.com is governed by and construed in accordance with the laws of the United States and the State of New Jersey . 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 ubxpress.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred.This Agreement may not be changed or modified without the written consent of ubxpress. United States trademark and other laws. All rights reserved. Specifically, ubxpress does not convey to anyone, through allowing access to ubxpress.com, any ownership rights in ubxpress.com or in any Content appearing on or made available through ubxpress.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of ubxpress.com or its Content. |
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Section 14. Terms of Carriage. |
(i) Customer agrees that domestic and international carriage by ubxpress of any shipments tendered to ubxpress using the web tools shall be in accordance with the 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 ubxpress 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 ubxpress subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of web tools shall not alter Your responsibility for the preparation and accuracy of shipping documentation including import/export forms. (ii) In the event Customer uses web tools to process shipments tendered to ubxpress for delivery 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 are placed on the Shipping Documentation as may be instructed by ubxpress, for all such international shipments. Customer will defend, indemnify and hold harmless ubxpress, 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 ubxpress'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 WEB TOOLS are 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 ubxpress using WEB TOOLS. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of ubxpress'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 ubxpress, 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 ubxpress 669 Division St., Elizabeth, NJ 07201 |
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Section15. Address Book |
Subject to the terms listed here, addresses will remain in Your Address Book as long as You use UBX labels. If You do not use ubxpressSHIP for a period of 6 months, We will delete Your addresses. However, ubx will not delete Your UBXSHIP account. If You have any concerns, please email ubx at webmaster@ubxpress.com. The Address Book is a feature provided free of charge by ubxpress. You should maintain a back-up copy of Your addresses as ubxpress will not be responsible for the loss of addresses contained in the Address Book. ubxpress may modify or terminate this feature at any time for any reason. |
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Section16. Courtesy Rate Quote |
The courtesy rate reflected by the Courtesy Rate Quote on our website, 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 ubxpress Guide or the ubxpress Rate Sheets for details on how shipping charges are calculated. |
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Section17. Right to Inspect |
Your shipment may, at our option or at the request of govermental authorities, be opened and inspected by such authorities or us at any time. |
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