TERMS OF USE

Last updated May 17, 2023

This is our agreement. When you create a Fitshipper account, we form a contract. Fitshipper will be bound by the terms herein, and so will you.

Our Privacy Policy (https://fitshipper.com/privacy-policy/) is a part of these Terms and separately explains our obligations to protect your data and personal information. It also covers what choices you can make about getting or deleting the personal information we keep as part of our service. So, please read that carefully, and if you have any concerns, follow the links and instructions it provides.

AGREEMENT BETWEEN YOU AND FITSHIPPER LLC

We can provide our services only if you are over sixteen (16) years old and agree to use our shipping, labeling and other services for legitimate purposes (for instance, you are not shipping anything illegal).

This means that by using our services you agree that you:

Are sixteen (16) years of age or older and are legally able and competent to enter into these Terms of Use ("Terms"),
Will only use the Fitshipper website and application programming interfaces (APIs) to make legitimate purchases of courier services for legal shipping of products and documents on your own behalf or for another person for whom you are legally authorized to act (a "Third Party"); and
Will be bound by these Terms, which we may update and amend from time to time.

If you do not agree to the Terms, you must not use or purchase any courier services through the Fitshipper website or APIs.

If you have any concerns after you set up your account, you can contact our customer support to cancel your account at any time.

OUR SERVICES

We provide the Fitshipper website ("Website") to assist you, our customers, in comparing, selecting, and purchasing third party courier services and postage, compiling and reviewing your shipping history, and resolving any questions via our customer support services. We will call these our "Services". We provide the Services for the legal shipping of products and documents nationally and internationally or otherwise transacting business with courier services, and for no other purposes.

When we refer to "we," "us," "our" and "Fitshipper," we refer to Fitshipper LLC, an Utah entity, and its subsidiaries and corporate affiliates. The term "you" refers to the customer visiting the Website and/or purchasing third-party courier services through us on this Website, or using our APIs, or through our partners and customer service agents.

PAYMENTS AND ADDITIONAL CHARGES

You agree to pay Fitshipper all charges applicable for the Services at the time such Services are ordered by you on the Website or APIs. You are responsible for ensuring that Fitshipper has up-to-date information (including contact information) and you are responsible for entry of information regarding the Services you order. Should any amounts due for Services remain unpaid, or in the event that any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, you agree to pay, in addition to the principal amount and any applicable interest thereon, all of the bank and payment provider charges assessed against you and Fitshipper and Fitshipper‘s reasonable costs of collecting or attempting to collect, including reasonable attorney fees and expenses. Fitshipper reserves the right to verify your credit before you purchase Services at any time. All transactions originating from your account are your responsibility. In addition, if any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, Fitshipper may charge the underlying payment and any incidental charges (as described above) against any other form of payment you have ever added to your Fitshipper account.

You are responsible for any additional charges due to (a) misstatements regarding weight, size, classification, number, or manner of Service, (b) deliveries on weekends or holidays, (c) local customs charges, (d) import taxes or duties, or (e) any similar charge(s) incurred. If any such charges become due as a result of Services performed by a carrier on your behalf and are charged to Fitshipper by a carrier, you agree that Fitshipper may charge any additional amounts due on the credit card or bank account used when such Services were purchased or, in the event that you paid for the Services in another manner, you agree to reimburse Fitshipper fully for such charges within seven (7) days of our demand. Fitshipper is not required to automatically provide any refunds or reduction of charges for any misstatement by you of weight, size, number or manner of Service.

Any claim for unused or misprinted postage or fee refund must be submitted directly to Fitshipper on the Website or via API within thirty (30) days of date of purchase. Postage handled and/or returned to sender will not be considered valid unused and/or misprinted postage. If determined valid, at Fitshipper’s sole discretion, Fitshipper will credit an active customer‘s account an amount equal to what was paid for the Services. In addition, you agree to assign to Fitshipper any and all rights to file any such claims with or against any carrier with respect to Services ordered or paid for on the Website or API.

ACCOUNT BALANCES

You may maintain a pre-funded account balance with Fitshipper and view that balance, your transaction, shipping label and postage activity, refunds, adjustments and other transactions within your account, online at any time. Fitshipper does not share that account activity with the couriers or third parties, though the couriers may keep track of the shipping information that you provide for postage/courier labels.

If you fund and maintain a positive balance in your account with Fitshipper, Fitshipper will keep track of that balance but will not segregate those funds into separate bank accounts and will not pay interest on those accounts. If you request a refund of any positive account balances, Fitshipper will work to promptly and expeditiously honor such refund requests, subject to the payment/refund procedures of your bank/payment provider.

AVAILABILITY OF SERVICE

We will try to keep the Fitshipper site and APIs available at all times. However, there may be times when we have to maintain, update or improve the Website or temporarily suspend the availability of the API or Services for other reasons. We do not guarantee the availability of the Website, APIs, or Services at any time, and will not be liable for any suspension or discontinuance of the Services.

CHANGES TO OUR TERMS AND PRIVACY POLICY

As our service offerings change, as laws change, as the world changes, Fitshipper may, from time to time, amend or modify these Terms and/or our Privacy Policy at https://www.fitshipper.com/privacy-policy. We will post the amended or modified Terms and/or Privacy Policy on the Website, which will automatically be effective five (5) business days after being posted. If at any time you do not agree to be bound by and comply with these Terms, as amended or modified from time to time, you agree that your sole remedy is to cease using the Website, API, and Services.

WE MAY CONTACT YOU

You agree that we may communicate with you by email, text messaging, phone, mail, or otherwise; usually our communication will relate to Website and Service updates, promotions, administrative, security and other issues relating to Fitshipper‘s Services, including invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is a condition of your use of Fitshipper, though we may offer you the opportunity to opt out of some of them. You may also block all communication from us by contacting our customer support team and asking to cancel your Fitshipper account.

LEGAL USE OF WEBSITE

By accessing or using this Website or the Services, you agree that you will comply with all applicable laws and regulations, including U.S. import, export and re-export control laws and regulations, controlled substance laws and hazardous materials laws, regulations and private courier rules. Fitshipper reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You also acknowledge that Fitshipper is required to retain certain information with regard to shipments due to contractual obligations with couriers like USPS and UPS, in order to counter fraud, and performing our legal obligations under applicable law. You can read more information about that in our Privacy Policy at https://www.fitshipper.com/privacy-policy.

FITSHIPPER IS AN INTERMEDIARY

Fitshipper serves only as an intermediary between you and couriers like the United States Postal Service ("USPS") and United Parcel Service ("UPS"). We only provide you with a platform to order their postage, shipping products and services. We do not provide the courier services ourselves. We do not transport, ship, deliver, or otherwise provide any service beyond simply reselling postage, labels and the Services we list on the Website.

When we display service options on our Website offered by couriers like USPS and UPS, this does not mean that we recommend, approve or sponsor that courier or that courier’s service options. We also cannot guarantee the quality of those services. Your interaction with any courier accessed through the Website is at your own risk.

You agree that Fitshipper has no control over the couriers listed on the Website, and is not responsible for the accuracy, timeliness, or thoroughness of information on the Website related in any way to couriers or their Services. You acknowledge that Fitshipper will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such courier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the courier.

It is your responsibility to find, open, read, understand, and accept the terms, conditions, or rules of purchase of any courier you select for shipping. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any courier you select to perform shipping services, including terms and conditions of purchase set forth in a courier‘s terms, conditions, and rules. For instance, if a courier doesn’t permit the shipment of hazardous liquids, it is your responsibility to comply with those rules.

ACCESS FROM THIRD PARTY WEBSITES

Fitshipper may integrate with third party ecommerce software to allow you to import order data to more easily create shipping labels and to relay the order status back to your ecommerce software. Fitshipper has no control over third party software we may integrate with, or over the information you have entered into or have stored on that software. Fitshipper also does not have control over the API for third party software or the currency of any links or data-sharing protocols. Because we do not have control over that software, we cannot be and are not responsible for any lost data, errors in data or in data transmission, downtime, unavailability, or any other loss or damage that might occur from using that software or the links on or connections to that software. We recommend you review the privacy policy governing any third party software before using them.

COLLECTION AND USE OF YOUR DATA

Fitshipper may automatically collect some information about your computer when you visit this website. For example, we may collect your IP address, Web browser software (such as Chrome, Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as services and couriers viewed and services booked. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud. Fitshipper may use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the purchase of courier services you request on our Website or API. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with courier confirmation and updates; to manage your account, including processing bills and providing courier information; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, Services, Website, and related apps; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this Website and related apps; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce these Terms; and as otherwise described to you at the point of collection.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data. Fitshipper may collect, use, and distribute statistical information related to the usage of the Website, API, Services, or traffic patterns only in aggregate and de-identified form ("Aggregated Data"). Except as otherwise stated in our Privacy Policy, Aggregated Data does not contain any personal information about you, and Fitshipper will not sell personal information about you to third parties. Aggregated Data may be shared with third-parties, but is stripped of all personal information. Fitshipper will own all Aggregated Data.

Fitshipper does not knowingly collect or solicit any information from anyone under the age of sixteen (16) or knowingly allow such persons to register accounts for Fitshipper Services. The Services are not meant for children/minors under the age of sixteen (16). In the event that we learn that we have collected personal information from anyone under the age of sixteen (16) without parental consent, we will delete that information and terminate the applicable account. If you believe that we have collected any information from anyone under the age of sixteen (16), please contact us via the chat on our website or email as listed on https://www.fitshipper.com/contact.

TERMINATION

You may terminate your account with Fitshipper at any time by contacting our customer support.

Fitshipper may terminate your access to and use of the Website for any or no reason at any time. In addition, Fitshipper may suspend or terminate your account for misconduct such as abusive behavior toward our customer support personnel or using the Services for illegal purposes. Upon such termination, you agree to immediately pay Fitshipper any unpaid amounts related to Services ordered. Any accrued rights, remedies, obligations or liabilities will not be affected including, but not limited to, Fitshipper‘s right to claim damages in respect of any breach of these Terms or Fitshipper‘s right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.

When your account is terminated, we may retain your information as required by applicable regulations and Fitshipper‘s records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions, and for the detection and prevention of fraud.

OUR PROPRIETARY RIGHTS

Our Website and the software used in connection with the Fitshipper Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy or create any derivative work from any text or images on our Website. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, or otherwise transfer or attempt to transfer any rights in the Website or software. You may not modify the Website or software in any manner or form or use modified versions of the Website or software. You may not access the Fitshipper Website or any of our data by any means other than through interfaces we provide.

You also acknowledge that Fitshipper, the Fitshipper logos, and the look and feel of our Website, and the order and choices in the Website menus are all the property of Fitshipper and its affiliates and subject to trademark and copyright protection. You agree that you will not use or copy any of our or our partners‘ trademarks, trade names, logos or the style, look and feel of our Website or software without our written permission.

You agree that the Website and APIs, in whole or in part, will not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose not expressly permitted by Fitshipper. Any use of Website data, materials, content, or information; any derivative use of this Website or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.

DISCLAIMER OF WARRANTIES

Fitshipper offers the Website, API, and Services on an "as is" basis. That means we make no promises and no representations or warranties of any kind to you. This includes, but is not limited to, the availability or operation of the Website or API, or the content, data, information, or Services on this Website. There are no implied warranties of merchantability, title, non-infringement, fitness for a particular purpose, security and accuracy, or any other warranties that might arise from the course of dealing, course of performance, or usage of trade. We make no promise, representation or warranty to you about any of that. No advice or information provided by Fitshipper will create a warranty.

The information published on the Website, API, and the Services may include inaccuracies or errors, including pricing errors. In particular, Fitshipper does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the courier services displayed on this Website (including, without limitation, the pricing, general product descriptions, etc.). In addition, Fitshipper expressly reserves the right to correct any pricing errors on our Website or API.

LIMITATION OF FITSHIPPER‘S LIABILITY

You assume all risk of loss when using the Services. Fitshipper will not be liable for any risk of any kind arising from your use of, or inability to use, the Website, the APIs, the Services, or any other content, data, materials, or information.

IN PARTICULAR, FITSHIPPER WILL NOT BE LIABLE FOR:

ANY DAMAGES ARISING FROM BUGS, VIRUSES, WORMS, TROJAN HORSES OR OTHER DISABLING OR HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY THIRD PARTY SITES;
LOST OR PROSPECTIVE PROFITS OR REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE, DELAY OR MALFUNCTION ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY; OR
ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS),

whether any of those claims are based in contract, tort, strict liability or otherwise, that arise out of or are in any way related to: (i) any use of the Website, or API, or the data, materials, information or content thereof; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this Website or API) in performance of Services; or (iii) the performance or non-performance by Fitshipper, a courier, or any other provider, whether or not Fitshipper knew or should have known of the possibility that such damages to such parties or any other party might be incurred.

In any event, Fitshipper will not be liable for any damages in excess of the purchase price paid for the individual Service at issue, whether or not Fitshipper had knowledge that such damages might be incurred.

INDEMNITY

You will defend, indemnify and hold Fitshipper, its officers, directors, employees, and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or your use of, or access to, the Website, APIs, or Services.

CLASS ACTION WAIVER

In exchange for Fitshipper’s provision of the Services and your payment for those Services, you hereby waive the right to bring or participate in any class action lawsuit against Fitshipper and its affiliates (which will include any party controlling, controlled by or in common control with Fitshipper, or any of Fitshipper’s employees, directors or officers).

SPECIFICALLY YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION OR COURT AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION OR COURT ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE AGAINST FITSHIPPER OR ITS AFFILIATES; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION OR COURT AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION.

FINALLY

You agree that nothing in these Terms or in your use of or access to the Website, APIs, or Services will make you an employee, agent, or legal representative of Fitshipper. You may not assign or delegate the performance of part or all of your obligations under these Terms, without the prior written approval of Fitshipper.

All terms used in one number or gender will be construed to include any other number or gender as the context may require. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Fitshipper. The failure to enforce any right under these Terms will not be a waiver of the provision or the right to enforce it at a later time.

By accepting these Terms, you are also accepting the Privacy Policy, which is included by reference in these Terms of Use.