Customer must provide his/her active U.S. mailing address, U.S. street address, telephone number and email address to Ship Your Luggage, LLC (the Company, “Ship Your Luggage”) to place an order. Customer may not provide any false, inaccurate, incomplete or misleading information to the Company.
Your shipping labels will generally ship via overnight delivery (unless otherwise noted) on the same business day the order is placed. The Company reserves the right to delay any shipment or to request additional information from customer prior to shipping, in its sole discretion, in order to comply with applicable federal and state laws. Orders ship Monday thru Friday, with the exception of National Holidays. The cutoff time for orders to be placed in order to be processed prior to the daily shipping deadline is 4 pm CST.
The following items will not be accepted for carriage:
- Items classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), BCAS (Bureau of Civil Aviation Security) or other government or regulatory agencies; Items the carriage of which is prohibited by any law, statute or regulation;Items the carriage of which is prohibited by any law, statute or regulation;
- Items requiring FedEx India to obtain any special licence or permit for transportation;
- Packages that are wet, leaking or emit an odour of any kind;
- Any items as may from time to time be notified by the company to be restricted and/or banned and/or dangerous and/or prohibited for carriage from time to time (such items include but are not limited to radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, narcotics and psychotropic substances, fragile glassware, crockery, bone china, shipments to post office box addresses, etc.).
TERMS OF SERVICE AGREEMENT
Ship Your Luggage, LLC and/or its affiliates (individually and collectively, “we”, “our”, “us”, or “Ship Your Luggage”) provide website features and services to arrange and manage door-to-door shipping of luggage, sports equipment, and related matter to a designated destination on a designated day (collectively “Services”). The terms “Customer,” “you,” and “your” means any person who desires to use the Services. This Terms of Service Agreement (“Agreement”) states the terms and conditions under which Ship Your Luggage is willing to offer its Services and the terms and conditions under which you agree to utilize the Services. By accepting this Agreement, you acknowledge that you have read, understood and agree to be legally bound by the Agreement.
Packaging Requirements for Your Items
All Customers are required to adequately package the contents of their shipments with the necessary protective material to prevent damage. Shipping breakable Items is not recommended, and doing so is at your own risk of damage. Ship Your Luggage does not assume liability if Items of a fragile or perishable nature are damaged during transport, or for manufacturer’s defects in luggage. Additionally, Ship your Luggage will not assume liability for any Items unsuitably packed or unsuitable for transportation, with or without our knowledge. You are responsible for packaging Items securely. Customer may contact Ship Your Luggage for further information on acceptable packaging guidelines. All Items must have a shipping label provided by Ship Your Luggage securely attached to the outside of each Item and all Items must have a copy of the shipping label placed inside. Failure to perform these actions may result in a delay of service or a complete loss of your Item and will void any warrantees or guarantees expressly provided to you herein. If the Items are not packaged according to these requirements, Ship Your Luggage may modify, suspend, discontinue, or terminate any Service at any time without notice to Customer, in which case Ship Your Luggage shall not be liable to Customer or any third party.
Some amount of normal wear should be expected when Items are transported. Ship your Luggage does not accept liability for the following types of damage to luggage: Broken wheels or feet, lost pull straps, damage resulting from over-packed luggage, damage to oversized bags, or damage to luggage handles. Because of the automated systems used by transportation companies, luggage may be scratched or nicked during handling. IN NO EVENT SHALL SHIP YOUR LUGGAGE BE LIABLE FOR SUCH NORMAL WEAR AND TEAR TO LUGGAGE.
Bicycles and surfboards must be packaged in hard-sided packaging (such as rigid plastic or heavy corrugated cardboard or similar materials).
No Services shall be rendered in the transportation of any Prohibited Materials or restricted items. Any shipment tendered by Customer that contains any of the Prohibited Materials will void any warrantees expressly provided to you herein and may be in violation of local, state, federal, provincial, national, international, and foreign law. The following types of Items and materials are prohibited (“Prohibited Materials”):
- Articles of unusual or high dollar value, including but not limited to, items such as jewelry, works or art, or furs.
- Fragile items which are inherently susceptible to damage from shipment or temperature sensitivity, such as works of art or items containing glass, crystal, china, porcelain, and ceramics.
- Money, paper money, coins, cash, currency, bonds, postage stamps, money orders, stocks, cash equivalents, food stamps, lottery tickets, and negotiable instruments (including drafts, bills of exchange, promissory notes).
- Unset precious stones and industrial diamonds.
- Any Item containing more than 50% by weight of gold, platinum, or any combination thereof, in raw form, including but not limited to, bullion, bars, or scraps of these materials.
- Hazardous waste, including but not limited to that defined as a solid waste that meets any criteria of hazardous waste as described in 40 C.F.R. §261.3, including but not limited to, used hypodermic needles or syringes, or other medical waste or as defined as a solid waste that meets any of the criteria of the hazardous waste.
- Any “hazardous materials” or “dangerous goods,” prohibited or restricted articles by the International Air Transportation Association, the International Civil Aviation Organization, European Road Transport Regulation, Title 49 of the Code of Federal Regulations, or any other applicable governmental department or relevant organization, including but not limited to, infectious substances, poisons, hazardous or corrosive chemicals, poisons, tear gas, mace, pepper spray, dry ice, infectious substances, any explosives such as fireworks and any flammable or combustible materials such as gasoline.
- Human corpses, remains, fetal remains, human embryos, human body parts, or components thereof.
- Common fireworks.
- Real or imitation firearms and ammunition as defined by the United States Gun Control Act of 1968.
- Items resembling a bomb, hand grenade, or other explosive device, including replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
- Packages containing marijuana as that term is defined by 21 U.S.C. §801(16), including marijuana intended for medical use.
- Tobacco and tobacco products, including cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha.
- Any illegal narcotics or drugs, including all illegal narcotics, prescription medications, vitamins, supplements and medical equipment (including test meters) as defined by any jurisdiction where a shipment may originate, terminate or pass through during transportation;
- Alcoholic beverages or anything containing alcohol, including but not limited to, perfume or cologne.
- No infectious or non-infectious human or animal cells; tissue; bodily fluids; blood; blood products; plasma; or any material derived from human or animal blood, whether in liquid or solid form; biohazards; regulated and non-regulated diagnostic cultures; specimens or samples, whether infectious or non-infectious; used health care products as defined in Title 49 of the Code of Federal Regulations; and any material regulated as UN2814, UN2900, UN3373, and UN3291.
- Live animals, animal carcasses, or animal embryos.
- Live insects.
- Items which require a local, state, federal, or international license for their transportation.
- Gambling devices.
- Inhaled hazards.
- Items which are wet, leaking, or emit an odor of any kind.
- Items which are prohibited by applicable local, state, federal, or international law, or require a license for their transportation.
- Waste or garbage for disposal.
- Liquids in excess of 8 gallons or 70 pounds.
- Food products, including meat and poultry.
- Consumer electronics, including but not limited to, laptops, personal computers, stereo equipment, personal audio devices, cell phones, calculators, laptops, and plasma screens, or those items containing lithium or lithium ion cells or batteries.
- Pressurized containers, including but not limited to, aerosol cans and CO² cartridges.
- Shipments that may cause damage or delay to equipment, personnel, or other shipments.
All Shipments are subject to Security Screening and Clearance
All Items shipped through Ship Your Luggage are subject to a security screening process, and all Items are subject to be searched. Ship Your Luggage and its agents reserve the right to inspect and open any Item shipped by Ship Your Luggage. All Prohibited Materials in your Items are subject to seizure. Items may have to be opened as a normal part of the security screening process. If Customer locks or otherwise seals an Item and security cannot open the Item, then the lock or seal may have to be broken or removed. Ship Your Luggage is not liable for damage caused to the locked or sealed Items that must be opened for security screening purposes. Locking any Item can cause extended delays and will void any warrantees or guarantees expressly provided to you herein. If an Item is delayed by security screening or similar authority, Ship Your Luggage will make every possible effort to resolve the issue and have the Item released, yet security delays are out of the scope of Ship Your Luggage’s immediate authority. Ship Your Luggage will not be liable for any losses resulting from delays that occur due to security inspections. Items delayed due to security or similar authorities during will not be covered under the Warranties. All Prohibited Materials in your Items are subject to seizure. You acknowledge that any Items shipped by Ship Your Luggage are subject to confiscation by shipping company, local, state, federal, provincial, national, international, and foreign security officials and other similar agencies. Prohibited Materials may vary from country to country.
All International Shipments are Subject to Customs Screening and Clearance
All Items shipped internationally through Ship Your Luggage are subject to a customs screening process, and all Items are subject to be searched. Ship Your Luggage and its agents reserve the right to inspect and open any Item shipped by Ship Your Luggage. Items may have to be opened as a normal part of the customs screening process. If Customer locks or otherwise seals an Item and security cannot open the Item, then the lock or seal may have to be broken or removed. Ship Your Luggage is not liable for damage caused to the locked or sealed Items that must be opened for security screening purposes. Locking any Item can cause extended delays and will void any warrantees or guarantees expressly provided to you herein. Ship Your Luggage will make all commercially reasonable efforts maximize the likelihood of a timely customs clearance process and to minimize duties, taxes or other fees imposed by customs or similar authorities. Customer is responsible for supplying Ship Your Luggage with the complete contents of each Item in the shipment. All documents and images provided to Ship Your Luggage must be clear and legible. Any duties, taxes or other fees incurred during the customs process will be passed on to the Customer. Fees may be charged to Customer’s credit card given during booking or may be billed directly from third party customs brokerage or shipping company. If an Item is delayed by customs or similar authority, Ship Your Luggage will make every possible effort to resolve the issue and have the Item released, yet customs delays are out of the scope of Ship Your Luggage’s immediate authority. Ship Your Luggage will not be liable for any losses resulting from delays that occur due to customs inspections for international shipments. Items delayed due to customs or similar authorities during international shipments will not be covered under the Warranties. All Prohibited Materials in your Items are subject to seizure. You acknowledge that any Items shipped by Ship Your Luggage are subject to confiscation by shipping company, local, state, federal, provincial, national, international, and foreign customs officials and other similar agencies. Prohibited Materials may vary from country to country. Contact Ship Your Luggage if you have a question about sending a specific Item to a specific country.
Items may be delivered without a signature if, in the sole discretion of the delivery driver, the Item(s) will be safe and protected from the weather. It is the responsibility of the Customer to request that Item(s) require a signature for delivery at the time of booking. Once any Item is delivered, Ship Your Luggage is not responsible for any Item delivered without signature. If a shipment is delivered to a business, a signature may be required for delivery. Ship Your Luggage will not be liable for delayed shipments due to a business being closed, or the absence or refusal of a person to sign for the shipment.
Ship Your Luggage is not responsible for delay or loss of any Item resulting from incorrect, incomplete or invalid address information provided by Customer. The Customer will be responsible for any charges associated with correcting or changing address information and/or charges associated with returning undeliverable Items to the origin address. Ship Your Luggage cannot ship to Post Office boxes.
Ship Your Luggage protects your privacy related to ShipYourLuggage.com. We maintain appropriate administrative and technical controls to safeguard the security and privacy of your personal information. Our Privacy Notice is hereby incorporated into this Agreement and govern your use of ShipYourLuggage.com.
When you use ShipYourLuggage.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. Ship Your Luggage will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through ShipYourLuggage.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use ShipYourLuggage.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Ship Your Luggage does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use ShipYourLuggage.com only with involvement of a parent or guardian. Ship Your Luggage reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Final Rates are Based Upon Weight and Dimensions of Items
Rates generated on the ShipYourLuggage.com website or by a Ship Your Luggage customer service representative are based upon the information provided by the Customer requesting the Service at the time of inquiry. Final rates will be based upon actual weights and dimensions of each piece of luggage, sports equipment, suitcase, box or case (hereinafter each an “Item” and collectively “Items”) that is shipped and will be verified during the shipment process. Dimensions will be calculated from the widest point of each side of the Item. If the actual weight or dimension of any Item exceeds the maximum allowed for the quoted Item category, rates may be adjusted to reflect the next largest available or approximately sized Item category. If a larger category does not exist, additional charges may be prorated for the weight or dimension exceeding the maximum allowed in the largest category. Final charges may differ from quoted prices due to actual weights and dimensions. If the size of the Item exceeds any category, Ship Your Luggage may modify, suspend, discontinue, or terminate any Service at any time without notice to Customer, in which case Ship Your Luggage shall not be liable to Customer or any third party. Customer is responsible for all fees charged by a pickup or delivery location, such as a hotel or resort, for handling the shipment. All services are not available in all areas. Rates are subject to change without notice.
Services may be Modified, Suspended, Discontinued, and Terminated by Ship Your Luggage
Ship Your Luggage reserves the right to, at its sole discretion, refuse, cancel, terminate or hold any Services when, in the judgment of Ship Your Luggage, the shipment or requested shipment may not comply with the terms of this agreement, is undeliverable, is unfit for shipment, could be easily damaged, and/or may contain possible dangerous, regulated, or illegal, or Prohibited Materials. Ship Your Luggage will make all commercially reasonable efforts to manage all necessary customer service functions and logistics arrangements, including coordination and oversight of contracted shipping and transportation companies, providing that the Customer provides timely and accurate information when available, concerning the shipment. Customer agrees that Ship Your Luggage may modify, suspend or discontinue any aspect of the services at any time without notice to Customer, in which case Ship Your Luggage shall not be liable to Customer or any third party. Customer further agrees that Services are subject to all terms and conditions contained in this Agreement, in addition to the terms and conditions imposed by shipping and transportation companies contracted by Ship Your Luggage to transport Item(s), including but not limited to, any transportation agreements, applicable tariffs, other rules or procedures or terms and conditions described on such companies’ websites.
Ship Your Luggage will refund all booking charges for cancellations made at least three (3) business days prior to the original scheduled pickup time. If booking is cancelled less than three (3) business days before the original scheduled pickup time, a cancellation fee of $25 or 10% of the total charge, whichever is greater. Cancellations made within 24 hours of the original scheduled pickup time may not be refundable. After the first leg of a booking has been delivered, there is no fee for cancelling any subsequent leg of the same booking.
Changes to pickup dates and times are allowed, without fees, if made at least three (3) business days prior to the original scheduled pickup time. Changes made between three (3) business days and 24 hours prior to the original scheduled pickup time may be assessed a $55 administrative fee in addition to any difference in rate. Changes made within 24 hours of pickup time may be assessed an administrative fee of greater than $50 in addition to any difference in rate.
On-Time Guaranty: Money back + $500. Ship Your Luggage is so confident that your luggage will arrive on-time that it is guaranteed to arrive on time or Ship Your Luggage will refund your money and give you up to $500 per piece of luggage for your inconvenience. If your luggage does not arrive at the scheduled location by end of day on the scheduled delivery date, Ship Your Luggage will refund your money and reimburse you for incidental expenses up to $500 for each Item that is late. This guarantee applies to every piece of luggage we ship door-to-door, whether domestic (U.S.) or international. Ship Your Luggage’s maximum liability for major damage and/or loss of any Item (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) is limited to the lesser of the actual value or $500.00, unless Customer declares a higher value and pays an additional charge in advance of the Item being shipped, and adequately documents any actual loss in a timely manner. The actual claims process time will vary on a case-by-case basis. Only one claim can be filed in connection with each Item. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that Item. This On-Time Guaranty does not constitute, nor do we provide, cargo liability insurance or any other type of insurance. It does not cover, and Ship Your Luggage is in no way liable, for any subsequent losses resulting from damaged or lost Items or any of the costs incurred with replacement of those goods. This guaranty excludes delays caused by factors beyond the control of Ship Your Luggage, including, but not limited to, direct or indirect, acts of God, the unavailability or refusal of a person to accept delivery of the shipment; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or security authorities; insufficient information provided by a Customer; Items carrying Prohibited Materials; the application of security regulations imposed by any governmental authority, or otherwise applicable to the shipment; riots, strikes or other labor disputes; civil unrest; disruptions in air or ground transportation networks; natural disasters; incomplete or incorrect address information; delay or seizure by customs or security authority; local, national or international weather conditions; natural disasters; mechanical failure of delivery equipment; or any shipment that violates this Agreement. Shipment delays due to these occurrences void all responsibility and liability of Ship Your Luggage. Ship Your Luggage is in no way liable or responsible for any losses or damages to Items left unattended while waiting for pickup or property left unattended after delivery. Ship Your Luggage will in no manner be liable for the loss of or physical damage to certain Items or contents, including but not limited to: (a) Musical Instruments; (b) Software or components. Any shipment containing any of the aforementioned Items shall void any warrantees expressly provided to you herein. In the event that an Item is delayed, Ship Your Luggage will make every effort to locate the Item in a timely manner and deliver the Item to its intended destination. Ship Your Luggage will be in no way responsible for any losses, personal or business related, arising from the delayed Item. In the event that an Item is picked up on the scheduled delivery date and does not arrive on or before 11:59 p.m. local time on the guaranteed delivery date (excluding delays caused by factors previously mentioned), Ship Your Luggage will provide a reimbursement for the amount paid in full for the shipment of the delayed Item. Notwithstanding anything to the contrary set forth herein, Ship Your Luggage will also provide reimbursement of expenses incurred as a direct result of the delay; however, reimbursements of expenses are not to exceed a total of $500.00 per delayed Item. Any expenditure must be approved in advance by Ship Your Luggage. Receipts must be submitted to Ship Your Luggage for reimbursement.
Ship Your Luggage maximum liability for major damage and/or loss of any Item (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) is limited to the lesser of the actual value or $500.00, unless Customer declares a higher value and pays an additional charge in advance of the Item being shipped, and adequately documents any actual loss in a timely manner. The actual claims process time will vary on a case-by-case basis. Only one claim can be filed in connection with each Item. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that Item. Ship Your Luggage is in no way liable, for any subsequent losses resulting from damaged or lost Items or any of the costs incurred with replacement of those goods. Ship Your Luggage is not responsible for delays due to factors beyond Ship Your Luggage’s control including but not limited to, direct or indirect, acts of God, the unavailability or refusal of a person to accept delivery of the shipment; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; Hazardous Materials packages improperly offered for transport; improperly packaged liquids or gels that leak and damage surrounding items; the application of security regulations imposed by the government, or otherwise applicable to the shipment; riots, strikes or other labor disputes; civil unrest; disruptions in air or ground transportation networks; natural disasters; incomplete or incorrect address information; delay or seizure by Customs or similar authority; severe weather; and/or failure of delivery equipment. Shipment delays due to these occurrences void all responsibility and liability of Ship Your Luggage. Ship Your Luggage is in no way liable or responsible for any losses or damages to Items left unattended while waiting for pickup or property left unattended after delivery. Ship Your Luggage will in no manner be liable for the loss of or physical damage to certain Items or contents, including but not limited to: (a) Electronics including, but not limited to, laptops, personal computers, stereo equipment, personal audio devices, cell phones, laptops, and plasma screens (b) Fragile Items including any breakable or temperature sensitive items (c) Glassware including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, and any other commodity with similarly fragile qualities (d) Musical Instruments (e) Software or components (f) Valuables including articles of unusual value, which shall be deemed to include any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain (g) Works of Art including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture and collector’s items (h) Collector’s Items including, but not limited to, coins, stamps, sports cards, souvenirs and memorabilia (i) Furs including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts (j) Antiques including any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware and glassware (k) Jewelry including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal (l) Precious Metals & Gems including, but not limited to, unset precious stones, industrial diamonds, any article that contains more than 50 percent by weight of gold or platinum, or any combination thereof in raw form including, but not limited to, bullion, bars, dust or scraps of these metals (m) Scale Models including, but not limited to, architectural models and dollhouses and prototypes (n) Photographic equipment including still and motion cameras, film, video recordings, digital recordings, photographic images, photographic negatives, photographic chromes and photographic slides (o) Disallowed Goods as defined herein (p) Any other item specified from time to time by Ship Your Luggage. Any shipment containing any of the aforementioned items shall void any warrantees expressly provided to you herein.
Lost or Missing Items
In the case of a missing Item, Ship Your Luggage will have eight (8) business days following the scheduled delivery date to locate the Item and notify the Customer of the status. If the Item and its contents are not located in their entirety within this time period, Ship Your Luggage will then proceed to gather information to process a reimbursement for up to the amount in which the lost Item(s) were covered. The actual claims process time will vary on a case-by-case basis. Ship Your Luggage LLC’s maximum liability for major damage and/or loss of any item (EXCLUDING NORMAL, ORDINARY AND CUSTOMORY WEAR AND TEAR) is limited to the lessor of the actual value or $500.00 unless Customer declares a higher value and pays an additional charge in advance of the Item being shipped, and adequately documents any actual loss in a timely manner. The actual claims process time will vary on a case-by-case basis. Only one claim can be filed in connection with each Item. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that Item.
Ship Your Luggage has no liability for damage or loss of protruding baggage parts such as wheels, straps, pockets, pull handles, hanger hooks or other Items attached to baggage. If an Item is damaged, excluding “normal wear and tear,” a claim must be submitted within 14 days of the scheduled or actual delivery, whichever is later. Ship Your Luggage and/or its affiliates must be given access to physically inspect the damage for the reimbursement to be paid up to but not exceeding the amount for which the damaged Item was covered upon proof of value. The maximum reimbursement for damage to any suitcase, bag, case or other outer container will be $500. Customer must retain all outer packaging used for the shipment in order to submit a claim. Packaging must conform to guidelines above in order to submit a claim.
Indemnity of Ship Your Luggage
Customer shall defend Ship Your Luggage with legal counsel selected by Ship Your Luggage against any third party claim, action, suit or proceeding arising as a result of Customer’s use of the Services, including but not limited to, the shipment of any Prohibited Materials, and including failure to comply with laws, statutes and regulations that are now or hereafter in effect relating to Customer’s use of the Services, and shall pay and indemnify Ship Your Luggage for all losses, damages, expenses and costs incurred by Ship Your Luggage (including reasonable attorney’s fees) as a result of any award, order, or judgment entered against Ship Your Luggage in any such claim, action or proceeding.
Customer shall indemnify and hold Ship Your Luggage and its subsidiaries, affiliates, officers, directors, managers, employees, agents and successors harmless from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that arise from (a) Customer’s use of the Service, (b) Customer’s failure to comply with any applicable laws and regulations, or (c) Customer’s breach of any of its obligations set forth in this Agreement.
Warranty and Liability Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES MADE HEREIN UNDER THE HEADING ABOVE ENTITLED “WARRANTIES,” ALL SERVICES ARE PROVIDED BY SHIP YOUR LUGGAGE ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING BY SHIP YOUR LUGGAGE. SHIP YOUR LUGGAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES UNLESS EXPRESSLY AGREED IN WRITING BY SHIP YOUR LUGGAGE. YOUR USE OF THE SERVICES MADE AVAILABLE TO YOU ARE AT YOUR SOLE RISK.
THE SHIPPING AND TRANSPORTATION COMPANIES PROVIDING SERVICES FOR AND ON BEHALF OF SHIP YOUR LUGGAGE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SHIP YOUR LUGGAGE. SHIP YOUR LUGGAGE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SHIPPING OR TRANSPORTATION COMPANIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. EXCEPT AS OTHERWISE PROVIDED HEREIN, SHIP YOUR LUGGAGE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHIP YOUR LUGGAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS OTHERWISE PROVIDED HEREIN, SHIP YOUR LUGGAGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES INCLUDED, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH SHIP YOUR LUGGAGE IS TO STOP USING SHIP YOUR LUGGAGE OR SHIPYOURLUGGAGE.COM.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SHIPYOURLUGGAGE.COM AND SHIP YOUR LUGGAGE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SHIP YOUR LUGGAGE BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU TO SHIP YOUR LUGGAGE DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $500.
Ship Your Luggage Policies and Modification
Ship Your Luggage reserves the right to amend this Agreement at any time and from time to time by posting a revised Agreement at ShipYourLuggage.com without notice. This Agreement was last revised on the date indicated at the bottom of this Agreement. If you use ShipYourLuggage.com after the amended Agreement has been posted, you will be deemed to have agreed to and be bound by such amended Agreement.
Ship Your Luggage and Customer agree that this Agreement and the performance hereunder, and all suits and special proceedings hereunder, be construed in accordance with, under and pursuant to the laws of the State of Illinois and that in an action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Illinois shall be applicable and shall govern to the exclusion of the laws of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Jurisdiction of Lawsuit
This Agreement shall be deemed to have been entered into at the principal place of business of Ship Your Luggage, in Kane County, Illinois USA. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof, shall be instituted only in the courts of the Circuit Court of Kane County, State of Illinois USA or in the Federal District Court sitting in Cook County, Illinois USA. Customer submits to the personal jurisdiction of the courts of the State of Illinois, in Kane County, Illinois USA, and the Federal District Court sitting in Cook County, Illinois USA.
Successors and Assigns and Assignment
This Agreement is binding upon and inures to the benefit of the parties hereto and their respective heirs, personal representatives, administrators, successors in interest and permitted assigns. This Agreement is not assignable by Customer. Ship Your Luggage may assign this Agreement and may assign or subcontract its obligations recited in this Agreement.
No Party to be Deemed Draftsman
If an ambiguity shall appear in this Agreement, such ambiguity shall not be resolved by interpreting this Agreement against any party as the draftsman. The language of this Agreement shall be interpreted simply according to its fair meaning.
The failure of any party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
Entire Agreement and Severability
This Agreement constitutes the entire agreement between you and Ship Your Luggage with respect to any services provided to you by Ship Your Luggage and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ship Your Luggage and ShipYourLuggage.com with respect to the matter set forth herein. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any portion of this Agreement shall be deemed invalid, void, or for any reason unenforceable, then such portion shall be construed in accordance with the applicable laws as nearly as possible to reflect the intentions of Ship Your Luggage and that shall be deemed severable and shall not affect the validity and enforceability of any remaining terms of this Agreement which shall remain in full force and effect.
Version: February 19, 2018