These terms of service (“Terms”) form a contract between you and MailShip Enterprises Inc. (“MailShip USA “) that governs your access and use of the MailShip USA Services (as defined below in Section 1B). By using any of the MailShip USA Services, you agree to be bound by these Terms. If you are using the MailShip USA Services on behalf of an organization, you are agreeing to these Terms for that organization and representing to MailShip USA that you have the authority to bind that organization to these Terms (in which event, “you” or “Merchant” will refer to the organization). You may use the MailShip USA Services only in compliance with these Terms and only if you have the power and right to form a contract with MailShip USA . IF YOU DO NOT OR CANNOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE MailShip USA SERVICES.
You acknowledge that your breach of the Policies or the Terms may result in you incurring additional fees from MailShip USA or third parties for the applicable MailShip USA Services.
You agree to indemnify and to hold harmless MailShip USA , its parent corporation, and their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the MailShip USA Services and/or your violation of the Terms or the Policies. Whether MailShip USA accepts or refuses goods you agree to indemnify and hold harmless MailShip USA from any and all claims for transportation, storage, handling and other charges relating to such goods, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature.
There are 3 classes of Account closure and limited access, which you accept as preconditions to using the Service:
A held Account will be inaccessible to you, and all activity will be suspended. MailShip USA reserves the right to place an Account on hold for a number reasons, including but not limited to the following:
Immediate termination is where we immediately close your Account and ship remaining inventory to the billing address listed in your Account, at your expense. If no address is available, we will liquidate your inventory (See Abandoned Account and Liquidation for more information). MailShip USA reserves the right to immediately terminate an Account for a number reasons, including but not limited to the following:
If you violate the Policies or these Terms, we may close, put on hold, or limit access to your Account or the MailShip USA Services as set forth above. Without limiting any of remedies under law or equity, we may also take any actions we deem necessary or advisable, including, without limitation, any of the following actions:
We may hold your funds and inventory for up to 180 days if reasonably needed to protect against the risk of liability; and
We may take legal action against you
Please note, while disagreements sometimes arise, MailShip USA wants to address any complaint with the MailShip USA Service in a proactive manner. Please log a support case for resolution, you can send an e-mail to firstname.lastname@example.org. If you feel an escalation is merited please e-mail Legal@mailshipusa.com regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.
MailShip USA strongly urges you to appreciate that errors happen with storage and shipping, and that the best defense is protecting yourself ahead of time. MailShip USA offers multiple merchant protection services that can be taken advantage of anytime. Please note these services may not be applied retroactively, and are thus best used at the time of Account setup.
Except for disputes relating to payment for MailShip USA Services or as otherwise expressly provided in these Terms, all disputes arising under these Terms, any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or otherwise from your use of or access to the website or Services, shall be determined by arbitration of the Florida state (using the English language), before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect or such other rules as may be stipulated to by the parties. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
Prior to the appointment of the arbitrator, and within 10 days from the date of commencement of the arbitration, the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If the dispute is not resolved within 30 days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed forthwith. The mediation may continue, if the parties so agree, after the appointment of the arbitrators. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.
These Terms and performance by the parties hereunder shall be construed in accordance with the applicable laws of the State of Florida without regard to conflicts of laws provisions thereof, or, as appropriate the federal laws. Any action or proceeding arising from or relating to these Terms must be brought in a federal or state court in Florida. You and MailShip USA consent to the exclusive jurisdiction of, and venue in, the state and federal courts within state of Florida. Notwithstanding the foregoing, MailShip USA may seek injunctive or other equitable relief to protect MailShip USA ‘s intellectual property rights in any court of competent jurisdiction.