TERMS OF SERVICE
Version Date: December 8, 2017
This Terms of service Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and ZipcodeXpress and its affiliated companies (collectively, “ZipcodeXpress” or “we” or “us” or “our”), concerning all products and services offered by ZipcodeXpress on the ZipcodeXpress website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”) and otherwise, including without limitation, our Smart Lockers (the “Locker” or “Lockers”) and related services (the “Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
ZipcodeXpress makes no representation that the Website is appropriate or available in other locations other than where it is operated by ZipcodeXpress. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ZipcodeXpress to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register an account to use the ZipcodeXpress Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE ZIPCODEXPRESS SERVICE OR THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT ZIPCODEXPRESS MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE ZIPCODEXPRESS SERVICES OR THE WEBSITE.
USER REGISTRATION
By using the ZipcodeXpress Services, including delivering packages, picking up package and storing personal items in the Locker, you must creat a ZipcodeXpress acount by registering at the ZipcodeXpress Website, via the official ZipcodeXpress smartphone application (the “ZipcodeXpress App” or the “App”) or through the property management office of the apartment where the locker locates.
Carriers need to register through the property management office of the apartment where the locker locates by filling out an information form. Carriers need to provide specific information such as the carrier company’s name, the carrier’s name and employee identification, and the carrier’s cell phone number. Carriers can start to deliver packages into the Locker once receive the exclusive access code from ZipcodeXpress. Carriers are not allowed to disclose the exclusive access code to any third party without ZipcodeXpress’ permission.
For using the Services of picking up packages or storing personal items, customers need to creat a ZipcodeXpress account via the Website or the App. Customers need to provide specfic information such as his/her name, apartment number, cell phone number, email address and/or payment information.
By registering your account, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
E. your use of the ZipcodeXpress Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZipcodeXpress has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZipcodeXpress has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
PURCHASES; PAYMENT
Certain aspects of the Services are, or may in the future be, provided for a fee or other charge. You may find the schedule of specifc service fees by checking the ZipcodeXpress Website or App, or by refering to the property manager of your apartment if the property manager decides the fees. In the event you choose to use paid aspects of the Services, you agree to pay ZipcodeXpress all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize ZipcodeXpress to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. ZipcodeXpress reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by ZipcodeXpress. ZipcodeXpress may change prices at any time. All payments shall be in U.S. dollars.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the ZipcodeXpress Services via the ZipcodeXpress App, then ZipcodeXpress grants you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ZipcodeXpress or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of ZipcodeXpress or other intellectual property of ZipcodeXpress in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the ZipcodeXpress Services. You acknowledge that this Agreement is concluded between you and ZipcodeXpress only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and ZipcodeXpress, not an App Distributor, is solely responsible for the ZipcodeXpress application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the ZipcodeXpress application is limited to a non-transferable license to use the ZipcodeXpress application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: ZipcodeXpress is solely responsible for providing any maintenance and support services with respect to the ZipcodeXpress application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the ZipcodeXpress application. (3) WARRANTY: ZipcodeXpress is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the ZipcodeXpress application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the ZipcodeXpress application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the ZipcodeXpress application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ZipcodeXpress’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that ZipcodeXpress, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the ZipcodeXpress application or your possession and/or use of the ZipcodeXpress application, including, but not limited to: (i) product liability claims; (ii) any claim that the ZipcodeXpress application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the ZipcodeXpress application or your possession and use of the ZipcodeXpress application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the ZipcodeXpress application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the ZipcodeXpress application. (8) THIRD PARTY BENEFICIARY: ZipcodeXpress and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing ZipcodeXpress to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to ZipcodeXpress and/or grant ZipcodeXpress access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating ZipcodeXpress to pay any fees or making ZipcodeXpress subject to any usage limitations imposed by such third party service providers. By granting ZipcodeXpress access to any Third Party Accounts, you understand that (i) ZipcodeXpress may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) ZipcodeXpress may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or ZipcodeXpress’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. ZipcodeXpress makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and ZipcodeXpress is not responsible for any Social Network Content. You acknowledge and agree that ZipcodeXpress may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), ZipcodeXpress will deactivate the connection between the Website and your Third Party Account and delete any information stored on ZipcodeXpress’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
RULES OF CONDUCT
Your use of the Service is expressly conditioned upon you complying with the instruction of use available on the ZipcodeXpress Website or displayed on the Locker, and the instructions and restrictions listed under this Section.
You may not access or use the Services for any other purpose other than that for which ZipcodeXpress makes it available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ZipcodeXpress. The Locker will not be used for any illegal transactions prohibited by law.
Any dangerous or illegal items are strictly prohibited to be stored in the locker. Authorized personnel may remove the prohibited items and may contact law enforcement authorities if the situation requires so. Authorized personnel may open the locker in the event of emergency such as bomb threat or foul odor.
By using the service of storing personal items in the Locker, you agree not to put in the Locker any restricted items, including but not limited to, flammable items, perishable items, high value items, firearms and stolen goods. ZipcodeXpress and property manager reserves the right to decided what are restricted items that cannot be stored in the Locker.
If the package that you want to drop off or store in the Locker is too large to fit in, please contact your property staff or ZipcodeXpress by telephone at 1-800-883-9662.
You will be notified when a package for you has been delivered into the Locker. You need to pickup the package from the Locker in the time allotted. There will be limits on how long your package will be retained in the locker. You may be charged extra fees if you do not pickup your package within the allotted time. If you fail to pickup your package within 20 days, ZipcodeXpress reserves the right to return such package to the sender. You may be responsible for paying return shipping and handling costs. In no event will ZipcodeXpress be responsible for shipping and handling charges associated with returning a package to the sender in accordance with this policy.
You may not interfere with other users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You need to use the locker properly by following the step-by-step instruction of use. You are responsible for any damage caused by your negligence or intentional vandalism to the Locker (including any attached part, the screen and the software).
You will not create multiple accounts with the same credit card, create and delete accounts to redeem the same offers, nor add the same account multiple times to your account.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club userships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
If the locker or the ZipcodeXpress mobile application is not working properly, please inform your property staff or ZipcodeXpress by telephone at 1-800-883-9662.
AGENCY
You represent that you are using the Services for their intended purpose. If you are registering or using the Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
REVIEWS
ZipcodeXpress may accept, reject or remove reviews in its sole discretion. ZipcodeXpress has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by ZipcodeXpress, and do not represent the views of ZipcodeXpress or of any affiliate or partner of ZipcodeXpress. ZipcodeXpress does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to ZipcodeXpress a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to ZipcodeXpress to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the ZipcodeXpress Services ("Submissions") provided by you to ZipcodeXpress are non-confidential and ZipcodeXpress (as well as any designee of ZipcodeXpress) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MONITERING
ZipcodeXpress may record video, take pictures of users and package labels or capture a signature when packages are dropped off or picked up. You consent to ZipcodeXpress ' right to capture you or your likeness via videotape, film, record, photograph, or voice, and in exchange for the right to use the Services, you hereby irrevocably grant to the Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to (1) use any such videotape, film, record or photograph of you and/or your signature to provide and solely improve the Services and (2) use, and permit to be used, your name and identity solely in connection with ZipcodeXpress ' performance and delivery of the Services.
You hereby waive all rights and release ZipcodeXpress and its affiliates, and their officers, directors, employees and agents from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of your identity, likeness or voice in connection with the Services.
You acknowledge that ZipcodeXpress shall not owe any financial or other remuneration for using the recordings provided hereunder, either for initial or subsequent transmission or playback, and further acknowledge that the ZipcodeXpress is not responsible for any expense or liability incurred as a result of your recordings or participation in any recordings, including any loss of such recording data.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“ZipcodeXpress Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to ZipcodeXpress, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. ZipcodeXpress Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All ZipcodeXpress graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ZipcodeXpress in the United States and/or other countries. ZipcodeXpress's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the ZipcodeXpress.
ZipcodeXpress Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the ZipcodeXpress Content and to download or print a copy of any portion of the ZipcodeXpress Content to which you have properly gained access solely for your personal, non-commercial use. ZipcodeXpress reserves all rights not expressly granted to you in and to the Website and ZipcodeXpress Content and Marks.
THIRD PARTY SITES, PRODUCTS AND SERVICES
The Services may contain links to third party websites, applications, products, and services that are offered and/or maintained by others (collectively, "Third Party Services"). Any such links are provided solely as a convenience to you and not as an endorsement by ZipcodeXpress of the Third Party Services. ZipcodeXpress is not responsible for such Third Party Services and does not make any representations or warranties regarding such Third Party Services or the privacy practices of such third parties. If you decide to access such Third Party Services, you do so at your own risk.
ZIPCODEXPRESS MANAGEMENT
ZipcodeXpress reserves the right but does not have the obligation to:
A. investigate violations of this Agreement;
B. take appropriate legal action against anyone who, in ZipcodeXpress’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
C. in ZipcodeXpress’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any ZipcodeXpress policy;
D. in ZipcodeXpress’s sole discretion and without limitation, notice or liability to suspend or terminates anyone’s use of the Website and the Services.
E. otherwise manage the Website and the Services in a manner designed to protect the rights and property of ZipcodeXpress and others and to facilitate the proper functioning of the Website and the Services.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, ZIPCODEXPRESS RESERVES THE RIGHT TO, IN ZIPCODEXPRESS’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE ZIPCODEXPRESS SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND ZIPCODEXPRESS MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE ZIPCODEXPRESS SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN ZIPCODEXPRESS’S SOLE DISCRETION.
In order to protect the integrity of the ZipcodeXpress Services, ZipcodeXpress reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and ZipcodeXpress Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF ZIPCODEXPRESS’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A ZIPCODEXPRESS CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If ZipcodeXpress terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, ZipcodeXpress reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
To Agreement
ZipcodeXpress may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the ZipcodeXpress Services after any such modification becomes effective. ZipcodeXpress may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
To Services
ZipcodeXpress reserves the right at any time to modify or discontinue, temporarily or permanently, the ZipcodeXpress Services (or any part thereof) with or without notice. You agree that ZipcodeXpress shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ZipcodeXpress Services.
DISPUTES
Between Users
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that ZipcodeXpress is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ZipcodeXpress, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the ZipcodeXpress Services.
With ZipcodeXpres
- Governing Law; Jurisdiction. This Agreement and all aspects of the Website and ZipcodeXpress Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Travis County, State of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. In no event shall any claim, action or proceeding by you related in any way to the Website or ZipcodeXpress Services be instituted more than two (2) years after the cause of action arose.
- Informal Resolution. To expedite resolution and contol the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and ZipcodeXpress agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
- Binding Arbitration. If you and ZipcodeXpress are unable to resolve a Dispute through informal negotiations, either you or ZipcodeXpress may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, ZipcodeXpress will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Travis County, State of Texas. Except as otherwise provided in this Agreement, you and ZipcodeXpress may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions.You and ZipcodeXpress agree that any arbitration shall be limited to the Dispute between ZipcodeXpress and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration.You and ZipcodeXpress agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or ZipcodeXpress’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor ZipcodeXpress will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and ZipcodeXpress agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. ZipcodeXpress reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS
ZipcodeXpress acts only as the link between the senders and receivers of packages. ZipcodeXpress will not be responsible for any lost or stolen packages unless directly only to the extent materially due to a locker malfunction. ZipcodeXpress is not responsible for, nor does ZipcodeXpress retain any ownership in, any packages delivered to or any thing stored in the Locker. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information of the packages ordered or received are covered by their customer agreement and policies. ZipcodeXpress makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information of the packages and the fact that ZipcodeXpress makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
ZipcodeXpress shall not be liable for any damages resulting from the use of or inability to use the Website, including damages: (a) caused by malware, viruses or any incorrectness or incompleteness of the information of the Website, unless such damage is the result of ZipcodeXpress’ willful misconduct or gross negligence; and/or (b) resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties, or by computer programs used for electronic communications and transmission of viruses.
ZICODEXPRESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT YOUR USE OF THE WEBSITE AN ZIPCODEXPRESS SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIPCODEXPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE ZIPCODEXPRESS SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZIPCODEXPRESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR ZIPCODEXPRESS SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ZIPCODEXPRESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZIPCODEXPRESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL ZIPCODEXPRESS OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ZIPCODEXPRESS SERVICES, EVEN IF ZIPCODEXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZIPCODEXPRESS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZIPCODEXPRESS FOR THE ZIPCODEXPRESS SERVICES DURING THE PERIOD OF 3 PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNITY
You agree to defend, indemnify and hold ZipcodeXpress, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the ZipcodeXpress Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, ZipcodeXpress reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ZipcodeXpress, and you agree to cooperate, at your expense, with ZipcodeXpress’s defense of such claims. ZipcodeXpress will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to ZipcodeXpress shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the ZipcodeXpress Services, as well as data relating to your use of the ZipcodeXpress Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the ZipcodeXpress Services. You agree that ZipcodeXpress shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against ZipcodeXpress arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the ZipcodeXpress Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE ZIPCODEXPRESS SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
ELECTRONIC SIGNATURES
Users are allowed on ZipcodeXpress to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on ZipcodeXpress.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and ZipcodeXpress regarding the use of the ZipcodeXpress Services. The failure of ZipcodeXpress to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. ZipcodeXpress may assign any or all of its rights and obligations to others at any time. ZipcodeXpress shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond ZipcodeXpress's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and ZipcodeXpress as a result of this Agreement or use of the Website and ZipcodeXpress Services. Upon ZipcodeXpress’s request, you will furnish ZipcodeXpress any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against ZipcodeXpress by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the ZipcodeXpress Services or to receive further information regarding use of the ZipcodeXpress Services, please contact ZipcodeXpress as set forth below or, if any complaint with us is not satisfactorily resolved, you can contact us by email at Support@ZipcodeXpress.com or by telephone at 1-800-883-9662.