Right to Use Web Site
This Web Site is provided by Excel Courier, Inc. and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use this Web Site.
Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms & Conditions, You agree that:
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 Excel Courier, Inc.
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 one or more companies of Excel Courier, Inc..
You may not use or access the Web Site in any way that, in Excel Courier, Inc.’s judgment, adversely affects the performance or function of the Web Site or interferes with the ability of authorized parties to access the Web Site.
DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, EXCEL COURIER, INC. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EXCEL COURIER, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. EXCEL COURIER, INC. DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR PROTECTING YOURSELF BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. EXCEL COURIER, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL EXCEL COURIER, INC., OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF EXCEL COURIER, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EXCEL COURIER, INC. UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
Excel Courier, Inc. may revise and update these Terms & Conditions at any time. Your continued usage of the Web Site after any changes to these Terms & Conditions will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Excel Courier, Inc.. Excel Courier, Inc. may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Excel Courier, Inc. may establish or change, at any time, general practices and limits concerning other Excel Courier, Inc. products and services in its sole discretion.
EXCEL is a service mark of Excel Courier, Inc. and the other trademarks, logos, and service marks (collectively the “Trademarks”) used in this site are the property of Excel Courier, Inc.. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of the mark EXCEL or any other Trademark displayed on the Web Site without the written permission of Excel Courier, Inc. or its respective owner.
Access to Shipment Tracking Systems and Shipping Information through the Web Site
Your use and access of the Shipment Tracking Systems and Information are subject to the following terms:
The ” Shipment Tracking Systems” are those systems which are used to provide tracking, time in transit, address validation and other functions and information related to the shipment of packages via Excel Courier, Inc.. The Shipment Tracking Systems and the information gained from such systems (“Shipping Information”) are to be used by You solely in connection with packages shipped by or to You or on Your behalf and for no other purpose.
The Shipment Tracking Systems and Shipping Information are the property of companies within Excel Courier, Inc.. By agreeing to these Terms & Conditions, You are authorized to use tracking functionality within the Shipment Tracking Systems solely to track shipments tendered by or for You to Excel Courier, Inc. for delivery and for no other purpose. Without limitation, You are not authorized to make the Shipping Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of Excel Courier, Inc.. This is a personal service, thus Your right to use the Shipment Tracking Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
SHIPPING TERMS & CONDITIONS
Acceptance of the bill of lading by the shipper shall constitute the shipper’s agreement to the following:
Excel Courier, Inc. (“Excel Courier”) will provide pickup and delivery services as requested by the shipper and will arrange for transportation by carriers as required. Such services will be furnished as agent of the shipper.
The shipment will be insured by Excel Courier for loss or damage up to the actual fair market value (limit $100) during pickup and delivery provided insurance is requested before shipment is tendered. Any value declared on the shipment in excess of $100 shall be at the shipper’s own risk unless additional valuation is requested and provided and charges paid for the excess value. The responsibility of Excel Courier under this paragraph shall be reduced to the extent of the value of any other insurance carried by the shipper or by any other contract carrier on any lost or damaged shipment.
Excel Courier shall not be liable for any special or consequential damages experienced by any person, which term includes, but shall not be limited to, loss of profits or income as a result of delay, loss or damage to any shipment resulting from the performance or non-performance of Excel Courier.
Shipper warrants that the shipment is packaged to protect enclosed goods and to insure the safe transportation with ordinary care in handling and that each package is appropriately labeled and is in good order for shipment as specified. The shipper further warrants to Excel Courier that the content of the shipment may be lawfully carried over public highways and/or aboard airline aircraft or other federally regulated carriers and is not a prohibited commodity under any applicable law or regulation. It is the responsibility of shipper to ensure that a shipment tendered to Excel Courier does not violate any federal, state or local laws or regulations applicable to the shipment. No service shall be rendered by Excel Courier in the transportation of any shipment that is prohibited by applicable law or regulation. The shipper shall indemnify and hold harmless Excel Courier against any loss incurred by Excel Courier as a result of shipper’s violation of these provisions.
Any claim by the shipper for loss or damage in accordance with these Shipping Terms & Conditions hereof shall be noticed in writing to Excel Courier, Inc., P.O. Box 401, Herndon, Virginia 20172 not later than 7 days after delivery of the shipment to the consignee. Any action or proceeding brought by the shipper against Excel Courier concerning this shipment shall be commenced within 180 days after delivery of the shipment to the consignee. No claim for damage will be entertained until all transportation charges thereon have been paid. The amount of claims may not be deducted from transportation charges.
No agent, employee or representative of Excel Courier has authority to modify any provisions of these Terms & Conditions.
Excel Courier reserves the right, but is not required, to open and inspect any package tendered to it for shipment without prior notice to shipper. Exercise of such right shall not be construed to constitute any form of approval or control over any method or form of packaging utilized by shipper.
Excel Courier will not carry or be liable in any way for any documents, coins, currency, and jewelry or for any articles of extraordinary value not expressly agreed to by Excel Courier unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading.
Excel Courier is not bound to transport the shipment by any particular schedule or in time for any particular market or in any manner other than with reasonable dispatch. In case of necessity, Excel Courier may forward shipment via another carrier.
Excel Courier reserves the right to refuse to provide service for, among other things, any package that by reason of the dangerous or other character of its contents may soil, taint, or otherwise damage other packages or Excel Courier’s equipment or that is improperly packaged or wrapped. In addition, Excel Courier reserves the right to refuse to provide service for any package, or to or from any location, or to provide alternative arrangements when, among other things, Excel Courier deems that it is unsafe or economically or operationally impractical to provide service.
(a) If the consignee refuses the shipment tendered for delivery by Excel Courier or if Excel Courier is unable to deliver the shipment, because of fault or mistake of the shipper or consignee, Excel Courier’s liability shall then become that of a warehouseman. Excel Courier shall promptly attempt to provide notice, by telephonic or electronic communication as provided on the face of the bill of lading, if so indicated, to the shipper or the party, if any, designated to receive notice on this bill of lading. Storage charges, based on Excel Courier’s tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at Excel Courier’s option, in any location that provides reasonable protection against loss or damage. Excel Courier may place the shipment in public storage at the owner’s expense and without liability to Excel Courier.
(b) If Excel Courier does not receive disposition instructions within 48 hours of the time of Excel Courier’s attempted first notification, Excel Courier will attempt to issue a second and final confirmed notification. Such notice shall advise that if Excel Courier does not receive disposition instructions within 10 days of that notification, Excel Courier may offer the shipment for sale at a public auction and Excel Courier has the right to offer the shipment for sale. The amount of sale will be applied to the Excel Courier’s invoice for transportation, storage and other lawful charges. The owner will be responsible for the balance of charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder, upon claim and proof of ownership.
(c) Where Excel Courier has attempted to follow the procedure set forth in subsections (a) and (b) above and the procedure provided in this section is not possible, nothing in this section shall be construed to abridge the right of Excel Courier’s at its option to sell the property under such circumstances and in such manner as may be authorized by law. When perishable goods cannot be delivered and disposition is not given within a reasonable time, Excel Courier’s may dispose of property to the best advantage.
(d) Where a carrier is directed by consignee or shipper to unload or deliver property at a particular location where shipper, consignee, or the agent of either, is not regularly located, the risk after unloading or delivery shall not be that of the carrier.
Governing Law and Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS & CONDITIONS, INCLUDING THE SHIPPING TERMS & CONDITIONS, ARE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. YOU EXPRESSLY AGREE THAT ANY CLAIM, CAUSE OF ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE OR ITS CONTENT, THE SHIPMENT TRACKING SYSTEMS, SHIPPING INFORMATION OR EXCEL COURIER, INC. SERVICES SHALL BE INSTITUTED IN A STATE COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA OR IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION. YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO JURISDICTION AND VENUE IN THESE COURTS. YOU FURTHER AGREE THAT ANY SUCH CLAIM, CAUSE OF ACTION OR LEGAL PROCEEDING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE UNDERLYING ISSUE AROSE. EXCEL COURIER, INC. AND ANY COMPANIES IN EXCEL COURIER, INC. THAT ARE PREVAILING PARTIES IN ANY SUCH CLAIM, CAUSE OF ACTION OR LEGAL PROCEEDING SHALL BE ENTITLED TO AN AWARD OF LEGAL COSTS, INCLUDING ATTORNEYS’ FEES, INCURRED IN THE MATTER IN ADDITION TO ANY OTHER REMEDIES OR RELIEF.
Except as expressly provided in a separate license or other written agreement between You and Excel Courier, Inc., these Terms & Conditions constitute the entire agreement between You and Excel Courier, Inc. with respect to the use of the Web Site, Shipment Tracking Systems, Shipping Information, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
It is up to You to regularly review the Terms & Conditions in case there are any changes. Continued use of the Web Site after a change has been made is to be treated as acceptance of that change by You the user.