Intexpress.com Terms of Use
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF INTEXPRESS.COM, INCLUDING ‘MYINT’ AT INTEXPRESS.COM ("MYINT"). YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
INT EXPRESS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF INTEXPRESS.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT intexpress.com GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH INTEXPRESS.COM.
1. Definitions.
Content: information, graphics, products, features, functionality, services, and links on intexpress.com, including MyINT at www.intexpress.com.
INT EXPRESS Inc., its agent. You: Yourself and the entity that you represent.
2. Use of intexpress.com.
intexpress.com is provided solely for the use of current and potential INT EXPRESS customers to interact with INT EXPRESS and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving INT EXPRESS invoices and remitting payment using electronic funds transfer ("EFT"), drop-off location, identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential INT EXPRESS customers for their own shipments. Use of intexpress.com to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.
The use of automated dial-in or inquiry devices to obtain information through intexpress.com is strictly prohibited.
INT EXPRESS does not accept ideas, concepts, or techniques for new services or products through intexpress.com. If such information is received, it will not be considered confidential and INT EXPRESS will be deemed free to use, communicate and exploit such information in any manner it chooses.
3. Intexpress.com Login Registration.
You may choose to register on intexpress.com to access interactive features. intexpress.com Login provides you with access to MYINT and other online services. In the future, INT EXPRESS s may add other features that may be accessed through intexpress.com Login. In such event, previously registered users will not be required to re-register.
By registering on intexpress.com, You agree to provide accurate and current information about yourself as prompted by the intexpress.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
You agree to register only for intexpress.com services offered on the intexpress.com website for the country in which your INT EXPRESS account is based. When you register using intexpress.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify INT EXPRESS of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your intexpress.com session at the end of each visit.
4. Changes to intexpress.com.
Intexpress.com and its Content, may be changed, deleted or updated at any time without notice.
5. Termination of Use
.
INT EXPRESS may discontinue, suspend or modify intexpress.com at any time without notice, and INT EXPRESS may block, terminate or suspend Your and any user's access to intexpress.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
6. Ownership.
Intexpress.com and its Content are protected by United States and international copyright, trademark and other laws. Specifically, INT EXPRESS does not convey to anyone, through allowing access to intexpress.com, any ownership rights in intexpress.com or in any Content appearing on or made available through intexpress.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of intexpress.com or its Content.
7. Disclaimer of Warranty.
INTEXPRESS.COM AND ITS CONTENT ARE PROVIDED "AS IS". INT EXPRESS AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE INTEXPRESS.COM AND ITS CONTENT.
INT EXPRESS EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING INTEXPRESS.COM, “MYINT” AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INT EXPRESS DOES NOT WARRANT THAT MYINT WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN MYINT WILL BE CORRECTED. FURTHERMORE, INT EXPRESS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF MYINT IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY INT EXPRESS OR AN AUTHORIZED REPRESENTATIVE OF INT EXPRESS SHALL CREATE A WARRANTY.
8. Limitation of Liability.
USE OF INTEXPRESS.COM AND ITS CONTENT IS AT YOUR SOLE RISK. INT EXPRESS WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE INTEXPRESS.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED INT EXPRESS OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnity.
You agree to defend, indemnify and hold harmless INT EXPRESS, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
10. INT EXPRESS Service Guide.
The terms and conditions for using INT EXPRESS delivery and related services are contained in the most current version of the INT EXPRESS Service Guide, which is available by request. The most current version of the INT EXPRESS Service Guide will control in the event of any conflict between any INT EXPRESS delivery or related service information on intexpress.com and the delivery or related service information contained in the most current version of the INT EXPRESS Service Guide.
11. Links to other web sites.
There are links on the intexpress.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by INT EXPRESS. INT EXPRESS makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
INT EXPRESS has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
12. Privacy Policy.
The INT EXPRESS Privacy Policy governs the use of information acquired from You through intexpress.com.
13. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access intexpress.com regarding access, use, export, re-export and import of any Content appearing on or available through INT EXPRESS.com.
You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
14. Controlling Law and Severability.
This Agreement and Your use of intexpress.com is governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to intexpress.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Los Angeles, CA. This Agreement may not be changed or modified without the written consent of INT EXPRESS.
15. Terms of Carriage.
(i) Customer agrees that domestic and international carriage by INT EXPRESS of any shipments tendered to INT EXPRESS using MYINT shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively "Shipping Documentation") and as appropriate any transportation agreement between Customer and INT EXPRESS covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the INT EXPRESS subsidiary, branch, or independent contractor who originally accepts the shipment. Your responsibility for the preparation and accuracy of shipping documentation including import/export forms.
(ii) In the event Customer uses MYINT to process shipments tendered to INT EXPRESS for delivery to locations outside the United States or country of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by INT EXPRESS from time to time (and which may be amended or modified from time to time at INT EXPRESS's sole discretion) are placed on the Shipping Documentation as may be instructed by INT EXPRESS, for all such international shipments. Customer will defend, indemnify and hold harmless INT EXPRESS, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow INT EXPRESS's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.
(iii) Printed Signature. Customer acknowledges that if MYINT is used to process shipments to locations outside the United States or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to INT EXPRESS using MYINT. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of INT EXPRESS's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by INT EXPRESS, or its independent contractor.
(iv) INT EXPRESS and its subcontractors shall not be responsible for ordinary wear and tear in handling of shipments, nor for loss or damage due to fire, theft, windstorm, water, vandalism, acts of God, or other causes beyond their control. It is understood that INT EXPRESS and its subcontractors are not insurers. Insurance, if any, shall be obtained by the shipper. INT EXPRESS and its subcontractors do not provide for full liability should loss or damage occur. INT EXPRESS’ sole and exclusive liability for loss or damage to Goods is limited to a maximum liability of $100.00 (USD) per shipment. It is suggested that you, as the shipper, arrange all risk coverage. This can usually be done by riders to existing policies, contact your insurance representative. Be sure your insurance is in effect during transit and return of your materials, during storage and at show site. INT EXPRESS shall not be liable for ordinary wear and tear in handling of Goods or for damage to shrink wrapped Goods. Shrink wrap is for containment, not for protection of cargo. INT EXPRESS is not responsible for the marring, scratching or breakage of glass or other fragile items. It is the Customer’s responsibility to ensure that Goods are packaged correctly prior to shipping to handle conditions under transport as well as movement on or off the show floors. All Goods shall be packed to withstand handling by heavy equipment, including but not limited to forklifts, pallet jacks, or dollies. INT EXPRESS is not responsible, during storage or transport, for any loss or damage to Goods caused by, but not limited to fire, theft, the elements, vandalism, moisture, vermin, mechanical breakdown or failure, freezing or changes in temperature, as well as any other causes beyond INT EXPRESS ’ immediate control. In no event shall INT EXPRESS be liable for special, incidental, indirect or consequential damages, including business loss of any kind, resulting from any damage to or loss of the Goods, delays in transport, or from any act or failure to act. The consignment or delivery of a shipment to INT EXPRESS or its subcontractors by an Exhibitor or by any shipper on behalf of the Exhibitor shall be construed as an acceptance by such Exhibitor (and/or other shipper) of the terms and conditions of carriage
16. Shipping Notification.
INT EXPRESS provides You with the opportunity, via MYINT, to use INT EXPRESS Shipping Notification send a message to the recipient informing him/her of Your shipment. This feature is provided free of charge. INT EXPRESS may modify or terminate the use of INT EXPRESS Shipping Notification at any time.
INT EXPRESS does not commit to keeping Your message private or confidential. By using INT EXPRESS Shipping Notification You acknowledge that INT EXPRESS is providing the technical functionality only, and that You are solely responsible for the content of Your messages. INT EXPRESS undertakes no duty to monitor any messages sent by You. However, INT EXPRESS, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.
Do not use INT EXPRESS Shipping Notification option for anything other than to communicate information about Your shipment. You may not use INT EXPRESS Shipping Notification service to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If INT EXPRESS sees or hears about messages sent via INT EXPRESS Shipping Notification service that violate these provisions, or that may damage INT EXPRESS, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
It is not necessary to use INT EXPRESS Shipping Notification to ship a package via MYINT. INT EXPRESS will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.
17. Address Book
Subject to the terms listed here, addresses will remain in Your Address Book as long as you use MYINT. If You do not use MYINT for a period of 6 months, INT EXPRESS will delete Your addresses.
However, INT EXPRESS will not delete Your MYINT account. If you have any concerns, please email INT EXPRESS at webmaster@intexpress.com. The Address Book is a feature provided free of charge by INT EXPRESS. You should maintain a back-up copy of Your addresses as INT EXPRESS will not be responsible for the loss of addresses contained in the Address Book. INT EXPRESS may modify or terminate this feature at any time for any reason.
18. Courtesy Rate Quote
The courtesy rate reflected by the Courtesy Rate Quote on INT EXPRESS MYINT, if shown, may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable INT EXPRESS Service Guide or the INT EXPRESS Rate Sheets for details on how shipping charges are calculated.