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Information Worldwide Express publishes on the World Wide Web may contain references or cross references to other products, programs and services that are not announced or available in your country. Such references do not imply that Worldwide Express intends to announce such products, programs or services in your country. Consult a Worldwide Express representative for information regarding the products, programs and services which may be available to you.
Worldwide Express makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Worldwide Express web site, please understand that it is independent from Worldwide Express, and that Worldwide Express has no control over the content on that web site. In addition, a link to a non-Worldwide Express web site does not mean that Worldwide Express endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL Worldwide Express BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UPS® Terms & Conditions
UPS OnLine® Tools Access License
Agreement No. TOU00111102008
2. Generally authorized Use. WWE grants you a non-exclusive right to access and use the Web Site, and the products or services that WWE may offer or make available from or through the Web Site, including offers of carrier services from Carriers (“Service”). This grant is solely for business purposes under this Agreement, effective as of the day of the activation of your account (“Account”) when you receive your initial password for use of the Web Site. Your use of the Service will at all times comply with all applicable laws, rules, Carrier Tariffs (defined in Section 3 below) and regulations and all rules periodically imposed by WWE or any Carrier which may change from time to time. You assume total responsibility and risk for your use of the Service and the Internet generally.
3. Interactive Features. You understand and agree that certain interactive features available on the Web Site are to facilitate obtaining Service from Carriers. You acknowledge that WWE is a broker or intermediary and is not a Carrier or an agent for a Carrier and WWE does not control the Carriers or the Service provided by the Carriers. You specifically acknowledge that your use of a Carrier is subject to a contract solely between you and the Carrier, and responsibilities under or arising out of that contract do not create or involve any obligations to you by WWE. You agree to be subject to and comply with all obligations and requirements applicable to your use of such Carrier Service, including all terms, conditions and limitations of liability applicable to such Service as determined by a Carrier, and that Carrier’s rules and tariffs (“Carrier Tariffs”) will take precedence over this Agreement as applicable. Specifically, UPS shipments manifested through the 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.
All payments for UPS Carrier Services shall be paid by you to WWE or WWE’s franchisees, as applicable. You assume full responsibility for and assure the accuracy of the preparation of the information that you provide to Carriers through the Web Site, and the preparation of all applicable shipping documentation. If the information is incomplete or inaccurate in any way, you authorize Carrier to complete or correct it on your behalf and the charges may be adjusted accordingly; provided, however, that Carrier is not obligated to complete or correct any such information. You assume full responsibility for and assure the accuracy of marking, addressing and packing all shipments to ensure safe transportation with ordinary care in handling and for complying with all applicable Customs, import, export or other laws, regulations and requirements imposed by law. Other than with respect to UPS, you specifically acknowledge that claims for cargo loss, damage and delay, as well as all other claims arising out of the transportation of a shipment, are matters for resolution between you and the Carrier that shall not involve WWE. With respect to a UPS Carrier Service, you specifically acknowledge that claims for cargo loss, damage and delay, as well as all other claims arising out of the transportation of a shipment, are matters for resolution between you and WWE or the applicable WWE franchisee. You specifically acknowledge that you will be paying WWE for the Service and that by using the Service you incur a specific and absolute obligation to WWE to pay for such Service regardless of any controversies that may arise between you and a Carrier. You agree to timely remit payment without set off for all charges in connection with use of the Service. You agree that any failure of timely payment shall allow WWE an action for recovery of any amount due, plus interest on any overdue amount at the rate of 1½% per month, plus reasonable attorney’s fee, and other fees and costs incurred in the recovery of any such amounts due.
6. Proprietary Rights. WWE and/or its licensors own all rights, title and interest in and to all components of the Service, including but not limited to the look and feel of the end-user interfaces associated with the Service. You acknowledge that the Service may be the subject of intellectual property and proprietary rights. You may not reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any material except as expressly permitted by the owner of such proprietary rights. You will not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Service that WWE and/or its licensors own, or any service, information or materials that you may access through the Service. All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise on the Web Site (collectively called the “Marks”) are proprietary to WWE or other respective owners that have granted WWE the right and license to use such Marks. You do not receive any trademark rights or any other rights in or to the Marks.
7. Termination of Account. You may terminate the Account at any time by emailing your servicing WWE account representative. WWE may modify, suspend or terminate the Account immediately for your breach of this Agreement. On termination of this Agreement for any reason, WWE may terminate your login name and password, and delete any or all data files associated with the Account.
8. Code of Conduct. WWE may terminate your Account if you fail to abide by this Code of Conduct and any other rules that may periodically be established by WWE and communicated to you by posting on the Web Site. You will not: (a) disclose your password, or let the Account be used by any unauthorized third party; (b) use the Service to falsify invoices or other data transmitted to Carriers or WWE; (c) use the Service in any manner that is prohibited by law or that would violate any applicable local, state, national or foreign law, rule or regulation; (d) interfere with or disrupt the Service or servers or networks connected to the Service; (e) disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or (f) upload, download, publish, transmit, reproduce or transmit: (i) any material that contains software viruses; (ii) any computer code, files or programs that interrupt, destroy or limit the functionality of the Service or any computer software, hardware or telecommunications equipment; (iii) any material that contains objectionable information of any kind; (iv) any content that infringes any proprietary right of any person; or (v) any content that you do not have the right to transmit.
9. Your Warranty of Authority. You warrant and represent to WWE that you and the individuals you appoint are authorized to act in the manner in which they act to secure the Services and that your use of the Web Site and 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 WWE 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 Web Site; and (ii) you have a bona fide interest in the UPS information you receive through the Web Site and shipments associated with such information.
10. Indemnification. You agree to indemnify, defend and hold harmless WWE, and its shareholders, officers, directors, employees, suppliers, independent contractors, content or service providers, subsidiaries and affiliates from and against any and all claims, proceedings, damages, injuries, liabilities, losses and costs, including, without limitation, attorneys’ fees and costs, incurred in connection with any claim arising out of your breach of this Agreement, including any failure to comply with Carrier requirements, or a breach of any warranties and assurances. You agree to cooperate as fully as reasonably required in the defense of any claim. WWE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you will not settle any matter without the written consent of WWE.
11. DISCLAIMER OF WARRANTY. THE WEB SITE, THE SERVICE AND THE CONTENT OFFERRED THROUGH THE WEB SITE (INCLUDING WITHOUT LIMITATION SHIPPING RELATED SERVICES AND THE SHIPPING RELATED INFORMATION) IS PROVIDED “AS IS” AND “AS AVAILABLE,” BY WWE AND ITS LICENSORS (INCLUDING ITHOUT LIMITATION THE CARRIERS) WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTENT ACCURACY OR THE RESULTS TO BE OBTAINED FROM ITS USE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL INFORMATION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WWE AND ITS LICENSORS (INCLUDING WITHOUT LIMITATION THE CARRIERS) MAKE NO WARRANTIES REGARDING THE WEB SITE, THE SERVICE OR THE CONTENT OFFERRED THROUGH THE WEB SITE AND WILL NOT BE LIABLE FOR YOUR USE OF THE WEB SITE, THE SERVICE OR THE CONTENT OFFERRED THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OR LACK OF SECURITY OF OR ERROR IN THE WEB SITE OR THE SERVICE UNDER ANY CIRCUMSTANCES. WWE DOES NOT WARRANT THAT THE WEB SITE OR THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE WEB SITE, THE SERVICE OR THE CONTENT OFFERRED THROUGH THE WEB SITE WILL BE CORRECTED IN A TIMELY FASHION.
12. LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE, THE SERVICE AND THE CONTENT OFFERRED THROUGH THE WEB SITE. WWE AND ITS LICENSORS (INCLUDING WITHOUT LIMITATION THE CARRIERS) WILL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES UNDER ANY THEORY OF LAW ARISING FROM USE OR INABILITY TO USE THE WEB SITE, THE SERVICE OR THE CONTENT OFFERRED THROUGH THE WEB SITE; OR FOR ANY ERRORS IN THE WEB SITE, THE SERVICE OR THE CONTENT OFFERRED THROUGH THE WEB SITE; OR FOR ANY ACTIONS TAKEN OR NOT TAKEN IN CONNECTION WITH THE WEB SITE OR SERVICE, EVEN IF YOU ADVISED WWE ITS LICENSORS (INCLUDING WITHOUT LIMITATION THE CARRIERS) OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND THAT IF YOU BECOME DISSATISFIED WITH THE WEB SITE OR THE SERVICE OR WWE’S POLICIES OR DISAGREE WITH ANY MODIFICATION TO THE WEB SITE OR THE SERVICE, THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE YOUR USE OF THE WEB SITE AND SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
13. Construction and Severability. If any court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.
14. Changes to this Agreement. WWE may modify this Agreement and impose new or modified policies, practices or rates at any time, with or without notice to you, in its sole and absolute discretion. Your continued use of the Service will be conclusively deemed an acceptance of all such modification(s).
15. Assignment. You may not assign or transfer by contract, by operation or law or otherwise this Agreement or your rights or obligations hereunder without WWE’s prior written consent. WWE may assign this Agreement and its rights and obligations in its sole discretion and without your consent.
16. Your Access through Worldwide Express Franchise System. You may use the Services through a Worldwide Express franchisee, and you remain responsible to provide information and instructions in accordance with the terms and conditions of this Agreement. WWE is not responsible for misrouting, improper classifications or commodity descriptions, Carrier instructions or other information affecting any shipment.
17. Controlling Law. This Agreement is governed by and construed in accordance with the laws of the United States and the State of Texas, excluding its conflict of laws provisions.
18. Third Party Beneficiary. You expressly acknowledge that UPS is a third party beneficiary to Sections 5, 9, 11 and 12 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 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: 8/7/15
Freight Terms & Conditions
- APPLICABILITY. These Brokerage Terms and Conditions, as amended and revised from time to time (“Terms and Conditions”) apply to any property broker services other than with respect to parcel shipments (“Services”) provided by Worldwide Express Operations, LLC d/b/a Worldwide Express, or any franchisee of Worldwide Express when such franchisee is providing Services pursuant to the FMCSA-issued property broker authority of Worldwide Express (as applicable, “WWE”). Application of these Terms and Conditions will be determined on a case by case basis depending on the distinct legal entity actually performing the Services in question, whether WWE or one of its franchisees, and references to “WWE” shall be to the individual legal entity actually performing the Services in question. WWE may, in its sole discretion, appoint or designate any individual franchisee to provide the specific Services in question. Unless expressly superseded by a written contract signed by an officer WWE and the shipper, consignor, consignee, or any other entity claiming an interest in goods for which WWE arranges transportation (“SHIPPER”) these Terms and Conditions shall govern brokerage service provided by WWE, including services provided pursuant to a Rate Confirmation Agreement provided by WWE (“RCA”), regardless of whether an RCA is signed by the parties. The foregoing notwithstanding, these Terms and Conditions do not apply to arrangement of parcel shipments (for instance, packages tendered by WWE to United Parcel Service), which parcel services are subject to alternative terms and conditions maintained by WWE. Any terms and conditions on any RCA or similar document exchanged between the parties other than these Terms and Conditions, as revised from time to time, shall not apply to any Services and shall not be binding on or applicable to WWE. SHIPPER understands and agrees that WWE functions as an independent entity, and not as a carrier, in selling, negotiating, providing and arranging for transportation for compensation, and that the actual transportation of shipments tendered to WWE shall be performed by third-party motor carriers (“Servicing Motor Carriers”). SHIPPER further acknowledges and agrees that the actual transportation services performed by the Servicing Motor Carrier are not subject to or governed by these Terms and Conditions and are rather governed by the transportation contracts in place, if any, between SHIPPER and the Servicing Motor Carrier, the terms of which may be maintained in tariffs, bills of lading, or similar documentation maintained by the Servicing Motor Carrier. WWE and SHIPPER represent and warrant that their relationship is that of independent contractors and that the respective employees are under their respective exclusive management and control. Nothing in these Terms and Conditions shall be deemed to require WWE to provide Services upon request of SHIPPER and WWE reserves the right to accept or decline, in its sole discretion, any particular request for Services.
- COMPLIANCE WITH LAW. WWE represents and warrants that it is duly and legally qualified to operate as a property broker and to provide the Services contemplated herein. WWE agrees to comply with all federal, state and local laws regarding the provision of such brokerage Services. SHIPPER warrants and represents that it is authorized to tender the cargo in question to WWE and that all descriptions of the cargo are complete, accurate, and include all information required by applicable law, rules or regulation. Without in any way limiting the foregoing, if SHIPPER tenders for transportation cargo designated as hazardous materials or dangerous goods, SHIPPER shall be solely responsible for complying with any and all applicable laws, rules, regulations, or conventions with respect to classifying, tendering, packaging and labeling such cargo and must provide notice of any such cargo at the time a request for Services is first initiated by SHIPPER to WWE. Neither WWE nor the Servicing Motor Carrier shall have any obligation with respect to In no event will WWE have any obligation to provide any instructions to the Servicing Motor Carrier with respect to cargo other than those expressly noted by the SHIPPER on the RCA.
- PAYMENT AND CHARGES. WWE will charge and SHIPPER will pay the rates and charges set forth in the RCA or as otherwise agreed, including rate quotes generated via WWE’s website at www.wwex.com for services provided by WWE without offset. SHIPPER agrees to pay WWE without offset and within fifteen (15) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%) per month on any unpaid balance. SHIPPER shall also be liable for any expenses, including attorney fees, WWE incurs in collecting its rates and charges. SHIPPER shall also be responsible for any additional accessorial charges imposed by the Servicing Motor Carrier which were not anticipated by WWE at the time WWE arranged for services with Servicing Motor Carrier or which were not otherwise included in the rate set forth in the RCA. If any information provided by SHIPPER is inaccurate or incomplete, SHIPPER acknowledges and agrees that agreed upon rates may, in WWE’s sole discretion, be revised to reflect the goods actually tendered.
- INDEMNIFICATION, WARRANTIES AND LIMITATION OF LIABILITY. In no event shall either Party be responsible for any special or consequential damages regardless of whether the party to be charged had notice of the possibility of such damages. THE TOTAL LIABILITY OF WWE WITH RESPECT TO ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS WILL BE FOR THE AMOUNT CHARGED BY WWE WITH RESPECT TO THE SERVICES SPECIFICALLY GIVING RISE TO SUCH CLAIMS OR DAMAGES. SHIPPER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS WWE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO: (i) BREACH BY SHIPPER OF THESE TERMS AND CONDITIONS; (ii) THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF SHIPPER, ITS AGENTS, CONTRACTORS OR EMPLOYEES; (iii) VIOLATION BY SHIPPER, ITS AGENTS, CONTRACTORS OR EMPLOYEES OF ANY APPLICABLE LAWS, RULE OR REGULATION; OR (iv) WWE’s OR THE SERVICING MOTOR CARRIER’s COMPLIANCE WITH OR RELIANCE ON ANY INSTRUCTIONS, DIRECTIONS, OR REQUEST OF SHIPPER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
- CONTRACT CARRIERS. WWE shall make reasonable efforts to place SHIPPER’s loads with responsible Servicing Motor Carriers authorized to perform the services required by SHIPPER for the purposes of transporting the loads with reasonable dispatch under the direction of SHIPPER. In no event will WWE tender any goods of SHIPPER to a Servicing Motor Carrier holding an “unsatisfactory” safety rating from the U.S. Department of Transportation. WWE also agrees to utilize only Servicing Motor Carriers that possess all insurance coverages required by applicable law. However, the Parties understand and agree that WWE makes no express or implied warranties or guarantees concerning delivery time or the locating of a Servicing Motor Carrier to provide the transportation services requested by SHIPPER.
- WWE INSURANCE. WWE shall comply with all insurance and bonding requirements imposed upon it by law, including its obligation to maintain a surety bond or trust fund agreement.
- CARGO LOSS, DAMAGE, OR SHORTAGE. SHIPPER acknowledges that Servicing Motor Carriers may limit their liability for cargo loss, damage or delay. It will be SHIPPER’s responsibility to insure product in-transit and SHIPPER acknowledges that if SHIPPER wishes to declare excess value higher than the Servicing Motor Carrier’s limitation, WWE will have no responsibility to do so and it will be SHIPPER’s responsibility to do so directly with the Servicing Motor Carrier. WWE may facilitate claims filing and processing with the Servicing Motor Carrier if SHIPPER submits to WWE, within six (6) months of the date of delivery, a written claim, fully supported by all relevant documentation, including but not limited to the signed delivery receipt, listing the nature and cause of the claim for cargo damage. WWE may, in its sole discretion and without liability to SHIPPER, discontinue pursuit of claims with the Servicing Motor Carrier if such claim is not resolved within sixty (60) days of receipt by WWE or if SHIPPER, in WWE’s sole discretion, fails to cooperate with WWE in filing of claims with the Servicing Motor Carrier. WWE shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by WWE’s negligent acts or omissions, in which case, WWE’s liability shall be limited to the charges assessed by WWE and paid by SHIPPER with respect to the goods at issue. SHIPPER is responsible for filing a claim with WWE alleging WWE’s liability for cargo loss and damage within six (6) months of the date of delivery of the cargo in question (or, if none, within six (6) months of the date cargo should have been delivered). Failure to do so will result in an absolute bar to any such claim and will relieve WWE of any and all liability with respect thereto. In no event will WWE have any liability arising from or related to the Servicing Motor Carrier’s refusal to accept full value liability or the Servicing Motor Carrier otherwise limiting its liability for cargo loss and damage. WWE shall be under no obligation to arrange, and Servicing Motor Carrier shall be under no obligation to provide, service in accordance with any set pick-up or delivery schedule; WWE’s sole obligation is to ensure Servicing Motor Carriers provide services with reasonable dispatch. Any lawsuit arising from such claim must be commenced within eighteen (18) months of denial of all or any part of such claim. SHIPPER acknowledges and agrees that the sole liability of WWE with respect to loss, damage or delay to cargo shall be as set forth in this provision and SHIPPER warrants and represents that if it is not the owner of such cargo, SHIPPER holds authority from such owner to bind the owner to the provisions of these Terms and Conditions.
- SHIPPING DOCUMENTS. Shipments tendered may be accepted by the Servicing Motor Carrier on a bill of lading or similar transportation document setting forth the respective legal rights and obligations of SHIPPER and the Servicing Motor Carrier. In no event shall the terms or conditions of any such bill of lading or other document used by SHIPPER and the Servicing Motor Carrier apply to WWE’s Services or otherwise be binding on WWE. Upon request of SHIPPER, WWE shall request that the Servicing Motor Carrier obtain a delivery receipt from the consignee, showing the products delivered, the condition of the shipment and the date and time of such delivery.
- NOTIFICATION OF ACCIDENTS OR DELAYS. WWE agrees to notify SHIPPER of any accident or other event of which WWE is apprised and which prevents the motor carrier from making a timely or safe delivery.
- DISPUTE RESOLUTION. These Terms and Conditions shall be deemed to have been drawn in accordance with the statutes and laws of the state of Texas and in the event of any disagreement or dispute regarding services subject to these Terms and Conditions, to the extent not otherwise governed by federal law, the laws of state of Texas shall apply and suit must be brought in Dallas, Texas as each party specifically submits to the exclusive personal jurisdiction of such courts for disputes involving these Terms and Conditions and any RCA.
LAST UPDATED: 8/7/15