Agreement
You must agree to all of the terms set forth below in order to access and use the UPS systems accessed via the UPS Wireless SolutionsTM (the "Systems") and the information provided by those Systems (the "Information"). By selecting Accept, you enter into a legally binding agreement with United Parcel Service General Services Co. ("UPS"). Select the links in the table of contents shown below to read the terms.
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| The UPS systems accessed via the UPS Wireless Solutions(TM) (the "Systems") and the information provided by those Systems (the "Information") are the private property of UPS. Subject to your compliance with the Agreement, UPS authorizes you to access the Systems from a wireless device located within the United States on a limited, revocable, non-exclusive, non-transferable basis solely for the purpose of obtaining Information. The Systems and Information are to be used solely by you. Your right to use the Systems or Information is non-assignable. Any access or use that is inconsistent with this Agreement is unauthorized and strictly prohibited. By permitting limited usage of the Systems as permitted herein, UPS does not convey any interest in or to the Systems or Information or any other UPS property or services. All rights, title, and interest in and to the Systems and Information is and shall remain in UPS. Access to and use of the Systems and Information is not authorized in any jurisdiction that does not give effect to all of the provisions of this Agreement. You agree to provide all wireless equipment and services necessary to access the Systems and you will be solely responsible for paying all charges related thereto. |
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You agree to use and access the Systems and Information only in strict compliance with this Agreement and all applicable laws, rulings and regulations. You are not authorized to make the Information available on any web site or otherwise reproduce, distribute, copy, store, or sell the Information without the express written consent of UPS. You agree not to use or disclose the Information except in connection with packages shipped by or to you or on your behalf. Without limiting the foregoing, you agree to use the Systems' tracking functionality only to track shipments tendered by or for you to UPS for delivery, and for no other purpose.
You agree to be responsible for all acts or omissions that may occur under your wireless user ID. You agree that you will not use or access the Systems in any way which, in UPS's judgment, adversely affects the performance or function of the Systems or interferes with the ability of authorized parties to access the Systems. You may not gain access, or attempt to gain access, by any means to other users' accounts and to any UPS computer system or database other than the Systems to which you are expressly permitted to access.
You agree to strictly comply with all applicable laws, rulings and regulations and shall take no actions which would cause UPS to be in violation of any laws, rulings or regulations applicable to it. You agree to comply, to the extent applicable with the United States Export Administration regulations, the International Traffic in Arms regulations and any regulation or licenses administered by the Department of Treasury´s Office of Foreign Assets Control. |
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| UPS may terminate or modify any or all of the Systems, Information, and services available from the Systems at any time without notice to you. UPS may assess charges for the use of the Systems or Information, in its sole discretion, by providing notice of UPS´s intent to assess such charges to you. UPS may terminate this Agreement and/or your access to any or all of the Systems and/or Information at any time, with or without cause and without notice to you, in its sole discretion. UPS reserves the right to modify the Agreement at any time in its sole discretion by posting a revised version at http://www.ups.com/content/us/en/resources/service/terms/wireless.html or by otherwise making such revisions available to you for review. Any such modifications will supercede all prior versions and shall be effective as to subsequent transactions by you upon your continued use of the Systems and/or Information. Your continued use after any such changes shall constitute your acceptance of the revised Agreement. |
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| UPS understands the importance of privacy to you. Accordingly, your use of the Information and Systems is subject to the UPS Privacy Policy. You consent to UPS´s use of your personal information, which you may provide in connection with your access to and/or use of the Systems and Information, in accordance with the terms of its Privacy Policy. |
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YOU AGREE THAT THE USE OF THE SYSTEMS AND INFORMATION IS AT YOUR SOLE RISK AND THAT THE INFORMATION AND YOUR USE OF THE SYSTEMS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UPS MAKES NO WARRANTY WITH RESPECT TO (i) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE INFORMATION OR SYSTEMS OR (ii) THE CONTENT, ACCURACY, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION. UPS DOES NOT WARRANT THAT YOUR USE OF THE SYSTEMS WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE OR THAT DEFECTS, ERRORS, OR OMISSIONS WILL BE CORRECTED. NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE OR USE OF THE SYSTEMS OR THE INFORMATION IS GIVEN OR ASSUMED BY UPS OR ITS AGENTS.
ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND ARE HEREBY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATION AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. |
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YOU AGREE THAT IN NO EVENT WILL UPS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE SYSTEMS OR THE INFORMATION) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR YOUR INABILITY TO ACCESS OR USE THE SYSTEMS AND/OR INFORMATION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF THE CAUSE, EVEN IF UPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE ONLY TO THE EXTENT PERMITTED BY LAW IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UPS OR IN THE EVENT OF PERSONAL INJURY OR DEATH.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NEITHER UPS NOR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION OF THE INFORMATION TO YOU.
IN THE EVENT THAT A COURT SHOULD HOLD THAT THE LIMITATIONS ON UPS'S LIABILITY SET FORTH IN THIS AGREEMENT ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE, YOU AGREE THAT IN NO EVENT SHALL UPS'S TOTAL LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED $10.00.
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| To the full extent permitted by law and without limiting any other remedies available to UPS under applicable law, you agree, at your sole cost and expense, to indemnify and hold UPS, its affiliates and its and their respective officers, directors, employees, agents and successors and assigns harmless from and against any and all claims, including negligence, losses, damages, judgments, cost and expenses (including attorneys' fees and expenses) arising out of or related to your use of the Systems and/or Information or any breach or non-performance of this Agreement in any manner. |
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This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, excluding (i) its conflicts of law principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna, April 11, 1980.
The exclusive jurisdiction for any action relating to this Agreement shall be a federal or state court in Atlanta, Georgia. You consent to such jurisdiction and waive and agree not to plead or claim that any such action or proceeding has been brought in an inconvenient forum. Notwithstanding anything herein to the contrary, UPS shall be entitled to interim relief or provisional remedies before any court having jurisdiction.
The controlling language of this Agreement and communications between you and UPS is English. You also agree to the admissibility of computer records and electronic evidence in any dispute hereunder. |
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You agree that UPS is not liable or responsible for any delay or failure in performance arising out of causes that are beyond its reasonable control, including but not limited to, work stoppages.
You may preserve this contract in written form by printing it for your records. You agree to waive any requirement that this contract be evidenced by a written document.
If any portion of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in effect.
UPS's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
If you have any questions, you may contact UPS at 1-800-PICK-UPS (1-800-742-5877).
This Agreement contains the entire agreement between you and UPS with respect to your access to and use of the Systems and Information and supercedes any prior written, electronic, or oral agreements between you and UPS with respect thereto, except that your use of the Systems and the Information is further subject to the UPS Rate and Service Guide, which is incorporated into this Agreement by reference and can be reviewed and printed at http://www.ups.com/content/us/en/shipping/cost/zones/index.html, and the UPS Tariff/Terms and Conditions of Service, which is incorporated into this Agreement by reference and can be reviewed and printed at http://www.ups.com/content/us/en/resources/service/terms/service.html. In the event of any conflict between this Agreement and such documents, then this Agreement shall control. |
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| The parties declare that they have required that this Agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu´elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement. |
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