Upon logging into this web site, you will be shown confidential information that
is the property of Logistics Plus. By entering this site, we ask that you agree
to not disclose to any other person or entity the information provided to you. In
addition, as a user, you are agreeing to the following web site and shipment Terms
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE (THE
GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR
BY ACCESSING OR USING THE WEB SITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT
("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE
The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred
to as "Customer") agrees to these TERMS AND CONDITIONS which no agent
or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to
this and all future shipments scheduled by Customer, unless and until these TERMS
AND CONDITIONS are altered or amended by EShip Plus (hereinafter referred to as
“Broker”) issuance of new TERMS AND CONDITIONS which can be found at
The General Rules Tariffs, as set forth by the carriers, will in every instance
take precedence in all legal proceedings and when applicable, will take precedence
over the Broker's TERMS AND CONDITIONS stated herein. If not stated within the carrier's
General Rules Tariff, the Broker's TERMS AND CONDITIONS as stated herein shall control.
In the case of conflict between the TERMS AND CONDITIONS contained herein and those
set forth by the individual selected carrier's General Rules Tariff, the selected
carrier's General Rules Tariff shall control. All Terms, including, but not limited
to, all the limitations of liability, shall apply to the selected carrier and their
agents and contracted carriers.
The Broker is a freight broker and NOT a freight carrier. The Broker reserves the
right, in its sole discretion, to refuse any shipment at any time.
|1. Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer
or by Broker as Customer's agent on behalf of the Customer and shall be deemed,
conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized
alteration or use of Bills of Lading or tendering of shipments to any carrier other
than that designated by the Broker, or the use of any Bill of Lading not authorized
or issued by the Broker shall VOID the Broker's obligations to make any payments
relating to this shipment and VOID all rate quotes.
|2. Agreement to Terms
Customer agrees that international and domestic carriage by a Carrier of any shipment
tendered using eShip shall be in accordance with the terms, conditions and limitation
of liability set on the non- negotiable BOL, Air Waybill, Label, Manifest, or Pick-up
record (collectively “shipping documentation”) and as appropriate any transportation
agreement between customer and Broker and/or Carrier covering such shipment and
in any applicable Tariff, Service Guide, or Standard Conditions of Carriage, 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 this order of priority.
If a shipment originated outside U.S., the contract of carriage is with the Broker’s
subsidiary, branch, or independent contractor who originally accepts the shipment.
Your use of this web site shall not alter your responsibility for the preparation
and accuracy of shipping documentation including export/import.
|3. Printed Signature
You acknowledge that if you process shipments to locations outside the country where
your shipment originates, you must enter, to print in lieu of a manual signature
on the Air Waybill, the name of the person completing the Air Waybill for all such
shipments tendered using eShip. You further acknowledge that such printed name shall
be sufficient to constitute signature of the Air Waybill on your behalf for purpose
of the Warsaw Convention and for all other purposes, and your acceptance of the
Carrier’s terms and conditions of carriage contained in the applicable Carrier’s
Service Guide, Standard Conditions, Tariff Air Waybill or transportation agreement
under which the shipment is accepted by the Carrier, Broker, or its independent
|4. Customer Warranties
The Customer is responsible for and warrants their compliance with all applicable
laws, rules, and regulations including but not limited to customs laws, import and
export laws and governmental regulation of any country to, from, through or over
which the shipment may be carried. The Customer agrees to furnish such information
and complete and attach to this Bill of Lading such documents as are necessary to
comply with such laws, rules and regulations. The Broker assumes no liability to
the Customer or to any other person for any loss or expense due to the failure of
the Customer to comply with this provision. Any individual or entity acting on behalf
of the Customer in scheduling shipments hereunder warrants that it has the right
to act on behalf of the Customer and the right to legally bind Customer.
|5. Necessary Documentation
The Customer is required to use the Broker's system generated Bill of Lading. If
the Customer does not complete all the documents required for carriage, or if the
documents which they submit are not appropriate for the services, pick up or destination
requested, the Customer hereby instructs the Broker, where permitted by law, to
complete, correct or replace the documents for them at the expense of the Customer.
However, the Broker is not obligated to do so. If a substitute form of Bill of Lading
is needed to complete delivery of this shipment and the Broker completes that document,
the terms of this Bill of Lading will govern. The Broker is not liable to the Customer
or to any other person for any actions taken on behalf of the Customer under this
All charges are payable in US Dollars and are due and payable fourteen (14) days
from the date of billing, and any payment which is past due shall be subject to
an additional charge at the rate of 1-1/2% per month of the average outstanding
balance due, or the highest rate of interest permitted by applicable law, whichever
is less. All funds received by the Broker will be applied to the oldest (based on
pick-up date) invoiced Bill of Lading that is outstanding. Overpayments do not accrue
interest and are subject to the Law of the
. In the event the Broker retains an attorney or collection agency to collect unpaid
charges or for the enforcement of these TERMS AND CONDITIONS, all unpaid charges
will be subject to a late payment penalty of 33% and Customer shall also be liable
for all attorneys and collection agency fees incurred, together with related costs
and expenses. All shippers, consignors, consignees, freight forwarders or freight
brokers are jointly and severally liable for the freight charges relating to this
All Customers are subject to credit approval. The Broker intends to perform a credit
check based on the information provided at the time of enrollment by the Customer.
The amount of credit, if any, granted to the Customer is at the sole discretion
of the Broker. When paying by credit card or electronic funds, the Customer agrees
they will be responsible for all charges payable, including any adjustments, on
account of such Customer's shipment. These charges and adjustments, if any, will
be automatically debited to the Customer's credit card or bank account.
The Customer shall be liable, jointly and severally, for all charges payable on
account of such Customer's shipment, including but not limited to transportation,
fuel and other applicable accessorial charges, including all adjustments issued
by the carrier(s) after the shipment, and all duties, customs assessments, governmental
penalties and fines, taxes, and Broker's attorney fees and legal costs allocable
to this shipment and/or all disputes related thereto. The Broker shall have a lien
on the shipment for all sums due it relating to this shipment or any other amounts
owed by Customer. The Broker reserves the right to amend or adjust the original
quoted amount or re-invoice the Customer if the original quoted amount was based
upon incorrect information provided at the time of the original quote or if additional
services by the carrier were required or otherwise authorized by the Customer to
perform the pick up, transportation and delivery functions therein. Customer is
permitted thirty (30) business days from the date of the invoice to dispute any
invoiced charges. If the Broker does not receive a dispute within the allowable
thirty (30) business days, the disputed item will be denied by the Broker.
|7. Claims and Limitations of Liability
The individual carrier's governing General Rules Tariff determines the standard
liability cargo insurance coverage offered by all carriers. If the shipment contains
freight with a predetermined exception value, as determined by the selected carrier,
the maximum exception liability will override the otherwise standard liability coverage.
The filing of a claim does not relieve the responsible party for payment of freight
charges. Freight payment is necessary in order for a carrier to process a claim.
All freight cargo claims should be submitted immediately to the Broker to help ensure
timely resolution. The Broker will attempt to assist in the resolution of freight
claims, but has no responsibility or liability therefore. No claim will be reviewed
until all shipping and related charges have been paid to Broker. All packaging and
containers must be made available for inspection by Broker. Insurance claim payments,
minus $100.00 USD deductible, will be made in U.S. dollars. Please contact the Broker
for more details regarding carrier insurance or carrier liability.
Where Broker files damage claim with carrier on behalf of Customer and receives
recovery funds, The Broker has a lien on such recovery amounts and reserves the
right to apply recovery amounts to open past due invoices on account. This includes
recovery amounts received from carrier for freight charges and/or product damage
The Broker is not liable for any loss, damage, mis-delivery or non-delivery caused
by the act, default or omission of the Carrier. The Broker is not liable for any
loss, mis-delivery or non-delivery caused by the act, default or omission of the
Customer or any other party who claims interest in the shipment, or caused by the
nature of the shipment or any defect thereof. The Broker is not liable for losses,
mis-delivery or non-delivery caused by violation(s) by the Customer of any of the
TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier's General
Rules Tariff including, but not limited to, improper or insufficient packing, securing,
marking or addressing, or of failure to observe any of the rules relating to shipments
not acceptable for transportation or shipments acceptable only under certain conditions.
The Broker is not liable for losses, mis-delivery or non-delivery caused by the
acts of God, perils of the air, public enemies, public authorities, acts or omissions
of Customs or quarantine officials, war, riots, strikes, labor disputes, weather
conditions or mechanical delay or failure of aircraft or other equipment. The Broker
is not liable for failure to comply with delivery or other instructions from the
Customer or for the acts or omissions of any person other than employees of the
Subject to the limitations of liability contained in the Bill of Lading and the
carrier's General Rules Tariff, the Broker shall only be liable for loss, damage,
mis-delivery or non-delivery caused by the Broker's own gross negligence. The Broker's
liability therefore shall be limited to the fees that the Broker has earned with
respect to the subject shipment.
THE BROKER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO
DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE
OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE BROKER CANNOT
GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE BROKER SHALL
NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE BROKER HAD KNOWLEDGE
THAT SUCH DAMAGES MIGHT BE INCURRED.
Domestics LTL rates are based on the freight class as determined by the NMFC (National
Motor Freight Classification) and are weight based. All displayed transit times
are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed.
Broker will not process TL shipments through this service. Rates for TL shipments
can be negotiated directly with Logistics Plus North America Division (1-866-564-7587).
|9. Guaranteed Services
LTL Guaranteed Services are inclusive of transit times only as noted by the carrier
selected. Guaranteed Service transit times do not include holiday and/or no service
days as defined by the individual carrier. This service is not a guarantee for Pickup.
Pickup Day is not included in the qualification and calculation of LTL transit time.
The Customer is liable for all charges related to the shipment. In the event of
carrier failure to comply with the guaranteed service requested, the Customer is
permitted ten (10) business days from the actual delivery date of shipment to file
a claim request in writing with the Broker. If the Broker does not receive a claim
request or receives the request after the allowable ten (10) business days, the
service provided by the LTL carrier will be deemed to have met all guaranteed service
standards and the claim request will automatically be considered invalid and denied.
In the event of carrier failure to comply with the guaranteed service requested
and after the carrier has agreed to liability, the Broker will credit the account
of the said Customer. In no event shall the Broker be liable nor will any account
be credited if the Customer does not use the Broker's Bill of Lading.
|10. Domestic Transit Insurance
Through the purchase of the quoted cargo insurance, underwritten by Continental
Insurance Company and issued to Logistics Plus, Policy Number OC 24-2486, the enrolled
Customer will receive an insurance policy equal to the declared value amount entered.
FAILURE TO PURCHASE CARGO INSURANCE WILL RESULT IN CUSTOMER BEING LIMITED TO RECOVERY
PURSUANT TO THE TERMS OF CARRIER'S GENERAL RULES TARIFF.
Upon completion of the purchasing and approval process, including cargo insurance
coverage acceptance and final shipment confirmation, a Certificate of Insurance
will be issued to the indicated Certificate Holder by the end of the next business
day. The Certificate of Insurance is issued by Continental Insurance Company and
the purchaser is bound by the terms and conditions of the cargo insurance policy
number indicated above. The full Policy is held by Logistics Plus.
The Broker has no responsibility, liability or involvement in the issuance of insurance,
the denial of insurance, or in the payment of claims. In the event of cargo loss
or damage, the Certificate Holder is to contact the Claim Agent noted on the Certificate
of Insurance immediately. If the loss or damage is apparent, the consignee must
note such loss or damage information on the Bill of Lading/delivery receipt. If
the loss or damage is not apparent (concealed), the Certificate Holder must contact
the Claims Agent noted on the certificate within 3 days after taking delivery.
The Policy covers goods in transit within the Continental United States and/or
, subject to the terms and conditions contained therein. Coverage is from door to
door during the ordinary course of transit.
Insuring Conditions: All Risks of Physical Loss or Damage from any
Exclusions: Inherent Vice, inventory shortages or mysterious disappearance,
nuclear reaction or nuclear radiation or radioactive contamination or insufficient
Limit any one conveyance : $250,000.00
The general policy covers New General Merchandise only. Special quotes can be obtained
for alcoholic beverages, tobacco, bagged goods, cell phones, firearms, jewelry,
precious metals, bank notes, securities, works of art, valuable papers, computer
chips, circuit boards, dangerous goods, antiques, used goods, glass, ceramics, marble,
fresh and frozen foods, confectionary, asbestos, tiles, furs, live animals, bulk
commodities perishable goods, paper, newsprint, lumber, logs and plywood.
The Customer warrants that the interest insured hereunder is in good condition at
the commencement of coverage. No claim for loss and/or damage shall attach unless,
immediately on the first discovery of any loss and/or damage to any part of the
interest hereby insured, written notice shall have been given to Continental Insurance
Company. In no event shall any claim be recoverable hereunder unless notice is given
to Continental Insurance Company within thirty days of the termination of this insurance.
Disclaimer: The above is a general overview of the Inland Transit Endorsement that
forms part of the Open Policy mentioned above
|11. Right to Reject Requests for Shipping Services
Broker reserves the right to reject any request for shipping in its sole discretion.
Without limitation, any shipment containing any item that is considered a restricted
article or hazardous material by the Department of Transportation (DOT), International
Air Transport Association (IATA), or the International Civil Aviation Broker (ICAO),
will not be shipped by Broker. Shipments containing items that cannot be transported
legally or safely, include, but are not limited to:
- Precious Metals
- Precious Stones
- Negotiable items in Bearer Form
For further information concerning items that cannot be shipped by Broker, please
|12. Obligations of Broker
Broker and its agents and carriers agree to use commercially reasonable efforts
to, either directly or indirectly:
(a) match the item(s) of each shipment against the item(s) set forth on the shipping
directions from Customer; (b) inspect each shipment and note all apparent damage
on the appropriate freight bill, delivery receipt, or similar document evidencing
delivery, and notify Customer of such damage; and (c) deliver all shipments to locations
directed by Customer. Broker may ship the items by any means, including truck, air,
vessel, or any other carrier, unless Customer gives specific electronic or written
instructions to the contrary.
|13. Customer Release of Liability
Broker shall not be held liable by Customer for the following:
- Accuracy of item description, its contents, or its condition.
- Any other limit of liability related to the item being shipped.
|14. Independent Contractor
Broker shall be an independent contractor with respect to Customer, and nothing
herein contained shall be construed to be inconsistent with such relationship or
Broker shall engage and/or subcontract with such entities and/or individuals as
it may deem necessary or appropriate in connection herewith, it being understood
and agreed that such entities or individuals shall be subcontractors of Broker only
and shall be subject to discipline and control solely and exclusively by Broker.
|15. Obligations of Customer
Customer represents and warrants to Broker as follows: (a) all items to be shipped
will be completely and accurately marked to enable identification of the contents
without opening any shipping or storage containers; (b) Customer will make every
effort to accurately measure the dimensions and weights of all items and understands
that the Broker rate depends upon the accuracy of this information (c) Customer's
authorized representative(s) shall be identified to Broker's agent or coordinator
and shall be available at all times at the point of origination to sign, and shall
sign, all documents evidencing pick-up of the items to be shipped by Broker; and
Customer is the legally documented owner of all property received by Broker, and/or
is authorized to cause such property to be stored and otherwise controlled by Broker
as provided in the applicable Bill of Lading.
|16. Carrier’s and Warehouseman's Lien
Customer acknowledges that Broker and its subcontractors have both a carrier's and
warehouseman's general lien on all of the tangible personal property being handled
pursuant to any Bill of Lading. This lien may be enforced by Broker and its subcontractors
at any time at either a public or private sale with or without a judicial hearing.
Customer also grants Broker a security interest in the tangible personal property
being handled under any Bill of Lading until Customer has fully satisfied all liabilities,
whenever occurring, owed to Broker. Broker is authorized to file financing statements
under the Uniform Commercial Code covering any such tangible personal property without
Customer's signature, and Broker shall have all the rights and remedies of a secured
party under the Uniform Commercial Code.
|17. Limitation of Warranty
EXCEPT AS OTHERWISE PROVIDED HEREIN, Broker MAKES NO WARRANTIES FOR THE SERVICES
AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING,
USAGE OR TRADE PRACTICE.
|18. Compliance with Law
Each party shall, at all times while these TERMS AND CONDITIONS are in effect and
at its own expense, comply with all applicable federal, state, and local laws, rules
and regulations, and shall maintain in full force and effect all license and permits
required for performance under these TERMS AND CONDITIONS.
|19. Force Majeure
Any delay or failure of performance of either party to these TERMS AND CONDITIONS
shall not constitute a breach or default of these TERMS AND CONDITIONS or any Bill
of Lading, or give rise to any claims for damages, if and to the extent that such
delay or failure is caused by an occurrence beyond the control of the party affected,
including, but not limited to, acts of governmental authorities, acts of God, the
discovery of materially different site conditions, wars, riots, rebellions, sabotage,
fire, explosions, accidents, floods, strikes, lockouts, or changes in laws, regulations,
or ordinances. In the event that a party intends to invoke this force majeure provision,
that party shall provide prompt notice to the other party as soon as possible after
the occurrence of the event giving rise to the claim of force majeure.
|20. Entire Agreement
These TERMS AND CONDITIONS together with all Bills of Lading entered into between
the parties completely and exclusively states the agreement of the parties regarding
the subject matter hereof and supersedes all prior negotiations, representations
or agreements with respect to the subject matter hereof, written or oral, and may
be amended only by written instruments signed by all parties hereto. If any part
of these TERMS AND CONDITIONS is found unenforceable, it will not affect the validity
or enforceability of any other provision of these TERMS AND CONDITIONS.
|21. Governing Law
THE VALIDITY, PERFORMANCE AND CONSTRUCTION OF THESE TERMS AND CONDITIONS AND ALL
BILLS OF LADING HEREUNDER SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE
LAWS OF THE
COMMONWEALTH OF PENNSYLAVANIA
Any claim, dispute or litigation relating to these TERMS AND CONDITIONS, any shipment
scheduled or tendered hereunder or through the Broker's website, or relating to
any and all disputes between the Broker and the enrolled Customer, shall be filed
in the Court having jurisdiction within the
Commonwealth of Pennsylvania
|22. Venue and Personal Jurisdiction
Any action arising out of or relating to theses TERMS AND CONDITIONS and all Bills
of Lading contemplated hereunder will be exclusively venued in a state or federal
court situated within the
Commonwealth of Pennsylvania
. Customer hereby irrevocably consents and submits to the personal jurisdiction
of said courts for all such purposes.
Facsimile and Electronic Signatures: These TERMS AND CONDITIONS and all Bills of
Lading entered into hereunder may be executed in two or more counterparts, each
of which will be considered an original, but all of which together will constitute
one and the same instrument. These TERMS AND CONDITIONS and all Bills of Lading
entered into hereunder may be executed by facsimile signature or by any other electronic
means and such signatures shall be deemed to be originals for all purposes under
these TERMS AND CONDITIONS and any Bill of Lading.
The Web Site is provided by eShipPlus and available only to entities and persons
over the legal age of majority who can form legally binding contract(s) under applicable
law. If You do not qualify, You are not permitted to use the Web Site.
and services ("Services") available on the Web Site.
changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated
without notice at the sole discretion of eShipPlus. eShipPlus may also change or
impose fees for products and services provided through the Web Site at any time
in its sole discretion.
|27. License and Ownership
|Any and all intellectual property rights ("Intellectual Property") associated
with the Web Site and its contents (the "Content") are the sole property
of eShipPlus, its affiliates or third parties. The Content is protected by copyright
and other laws in both the
and other countries. The Components of the Web Site are also protected by trade
dress, trade secret, unfair competition, and other laws and may not be copied or
imitated in whole or in part. All custom graphics, icons, and other items that appear
on the Web Site are trademarks, service marks or trade dress ("Marks")
of eShipPlus, its affiliates or other entities that have granted eShipPlus the right
and license to use such Marks and may not be used or interfered with in any manner
without the express written consent of eShipPlus. Except as otherwise expressly
sell, create derivative works from, upload, transmit, or distribute the Intellectual
Property of the Web Site in any way without eShipPlus' or the appropriate third
party's prior written permission. Except as expressly provided herein, eShipPlus
does not grant to You any express or implied rights to eShipPlus' or any third party's
Intellectual Property. eShipPlus grants You a limited, personal, nontransferable,
nonassignable, revocable license to (a) access and use the Web Site, Content and
Services only in the manner presented by eShipPlus, and (b) access and use the eShipPlus
computer and network services offered within the Web Site (the " eShipPlus
Systems") only in the manner expressly permitted by eShipPlus. Except for this
limited license, eShipPlus does not convey any interest in or to the eShipPlus Systems,
information or data available via the eShipPlus Systems (the "Information"),
Content, Services, Web Site or any other eShipPlus property by permitting You to
access the Web Site. Except to the extent required by law or as expressly provided
herein, none of the Content and/or Information may be modified, reproduced, republished,
translated into any language or computer language, re-transmitted in any form or
by any means, resold, redistributed, reverse-engineered without the prior written
consent of eShipPlus. You may not make, sell, offer for sale, modify, reproduce,
display, publicly perform, import, distribute, retransmit or otherwise use the Content
in any way, unless expressly permitted to do so by eShipPlus.
|28. Prohibited Uses
- You shall not disguise the origin of information transmitted through the Web Site.
- You will not place false or misleading information on the Web Site.
- You will not use or access any service, information, application or software available
via the Web Site in a manner not expressly permitted by eShipPlus.
- You will not input or upload to the Web Site any information which contains viruses,
Trojan horses, worms, time bombs or other computer programming routines that are
intended to damage, interfere with, intercept or expropriate any system, the Web
Site or Information or that infringes the Intellectual Property (defined below)
rights of another.
- Certain areas of the Web Site are restricted to customers of eShipPlus.
- You may not use or access the Web Site or the eShipPlus Systems or Services in any
way that, in eShipPlus' judgment, adversely affects the performance or function
of the eShipPlus Systems, Services or the Web Site or interferes with the ability
of authorized parties to access the eShipPlus Systems, Services or the Web Site.
- You may not frame or utilize framing techniques to enclose any portion or aspect
of the Content or the Information, without the express written consent of eShipPlus.
You agree that eShipPlus, in its sole discretion, may terminate or suspend Your
use of the Web Site, the eShipPlus Systems, Information, Services and Content at
any time and for any or no reason in its sole discretion, even if access and use
continues to be allowed to others. Upon such suspension or termination, You must
immediately (a) discontinue use of the Web Site, and (b) destroy any copies You
have made of any portion of the Content. Accessing the Web Site, the eShipPlus Systems,
Information or Services after such termination, suspension or discontinuation shall
constitute an act of trespass. Further, You agree that eShipPlus shall not be liable
to You or any third party for any termination or suspension of Your access to the
Web Site, the eShipPlus Systems, Information and/or the Services.
|30. Disclaimer of Warranties
eShipPlus MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE
WEB SITE, THE eShipPlus SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE
USE OF SAME IS AT YOUR OWN RISK.
THE WEB SITE, THE eShipPlus SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT
ARE PROVIDED ON AN "AS IS" BASIS. eShipPlus, ITS LICENSORS, AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A
PARTICULAR PURPOSE. eShipPlus AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS
OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB
SITE OR THE eShipPlus SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS
AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER,
YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY
|31. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT eShipPlus IS OTHERWISE
FOUND RESPONSIBLE FOR ANY DAMAGES, eShipPlus IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL eShipPlus, ITS AFFILIATES, ITS
LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE
FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING
FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE eShipPlus SYSTEMS, INFORMATION,
SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT eShipPlus IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE
|32. Governing Law and Jurisdiction
. To the fullest extent permitted by law, you hereby expressly agree that any proceeding
arising out of or relating to your use of the web site, the eShipPlus systems, information,
services and content shall be instituted in a state or federal court located in
the county of Erie and the Commonwealth of Pennsylvania and you expressly waive
any objection that you may have now or hereafter to the laying of the venue or to
the jurisdiction of any such proceeding. You agree that any claim or cause of action
arising out of or related to your use of the web site, the eShipPlus systems, information,
services and/or content must be filed within one (1) year after such claim or cause
of action arose.
invalid by any court having competent jurisdiction, the invalidity of such provision
which shall remain in full force and effect. No waiver of any of these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
any other term or condition.
|34. Complete Agreement
Except as expressly provided in a separate license, service or other written agreement
you and eShipPlus with respect to the use of the web site, the eShipPlus systems,
and any software or service, information and content contained therein, and supersede
all discussions, communications, conversations and agreements concerning the subject