eCommerce Shipping in USA

SHIP ZONE LLC

TERMS OF SERVICE

Effective Date: March 20, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between Ship Zone LLC (“Ship Zone,” “we,” “us,” or “our”) and the individual, company, organization, merchant, seller, shipper, freight customer, developer, account holder, or other person accessing or using the Services (“Customer,” “User,” “you,” or “your”).

These Terms govern access to and use of Ship Zone’s websites, applications, online shipping platform, APIs, integrations, marketplace connections, parcel shipping, courier services, freight services, ocean freight, international logistics services, warehouse or fulfillment services where offered, and other related products and services (collectively, the “Services”).

By creating a Ship Zone account, clicking an acceptance checkbox or button, purchasing a shipping label, requesting or accepting a quote, tendering a Shipment, connecting a marketplace or e-commerce account, accessing Ship Zone’s API, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms incorporate by reference:

Ship Zone’s Privacy Policy;
Ship Zone’s Data Processing Agreement;
Applicable Carrier terms and conditions;
Applicable Carrier tariffs;
Applicable bills of lading;
Applicable marketplace or platform requirements;
Applicable service-specific terms; and
Any separate written agreement entered into between Ship Zone and Customer.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.

1. DEFINITIONS

For purposes of these Terms:

1.1 “Account”
Means the Ship Zone account created or maintained by Customer to access or use the Services.

1.2 “Carrier”
Means any third party that transports, handles, stores, delivers, forwards, clears, insures, processes, or otherwise provides services concerning a Shipment.
Carriers may include:

Parcel carriers;
Postal operators;
Couriers;
Trucking companies;
LTL carriers;
FTL carriers;
Freight forwarders;
Ocean carriers;
Airlines;
Rail providers;
Customs brokers;
Warehouses;
Insurance providers; and
Other logistics providers.

1.3 “Carrier Account”
Means any Carrier account, negotiated-rate account, reseller account, Ship Zone account, or other shipping account used to obtain transportation services.

1.4 “Customer Data”
Means information provided, submitted, imported, uploaded, transmitted, synchronized, or otherwise made available by or on behalf of Customer through the Services.

1.5 “Fees”
Means all amounts payable in connection with the Services or a Shipment, including transportation charges, service charges, adjustments, accessorials, duties, taxes, customs charges, brokerage, insurance, storage, demurrage, detention, penalties, collection expenses, and other applicable charges.

1.6 “Shipment”
Means any package, envelope, parcel, pallet, container, freight load, cargo, or other goods for which Services are requested or purchased through Ship Zone.

1.7 “Third-Party Provider”
Means any Carrier, marketplace, payment processor, customs provider, warehouse, insurer, software provider, cloud provider, or other independent provider used in connection with the Services.

2. ELIGIBILITY AND AUTHORITY

You must have the legal capacity to enter into a binding agreement.

If you access or use the Services on behalf of a business or other legal entity, you represent and warrant that:

You have authority to bind that entity;
The entity agrees to these Terms;
You are authorized to conduct transactions through the Account; and
Your use of the Services complies with applicable law and internal company authorization requirements.

Ship Zone may refuse or terminate an Account if Ship Zone reasonably believes the user lacks authority to bind the entity associated with the Account.

3. BUSINESS-TO-BUSINESS SERVICES

Ship Zone primarily provides commercial shipping, technology, and logistics Services.

Unless expressly agreed otherwise in writing, the Services are intended for business and commercial use.

Where Customer qualifies as a consumer under applicable law, nothing in these Terms waives rights that cannot lawfully be waived.

4. SHIP ZONE’S ROLE

4.1 Technology and Logistics Platform
Ship Zone provides technology and logistics-management functionality that may allow Customers to:

Compare shipping services;
Obtain rates;
Purchase transportation;
Generate labels;
Schedule pickups;
Create Shipments;
Track Shipments;
Manage shipping history;
Connect marketplaces;
Connect e-commerce platforms;
Access APIs;
Arrange parcel transportation;
Arrange LTL freight;
Arrange FTL freight;
Arrange ocean freight;
Arrange international transportation; and
Access related logistics services.

4.2 Ship Zone Generally Does Not Physically Transport Goods
Unless Ship Zone expressly agrees otherwise in writing, Ship Zone is not the underlying Carrier physically transporting a Shipment.
Ship Zone may facilitate access to Carrier services but does not control the Carrier’s day-to-day transportation operations.

4.3 Independent Providers
Carriers and Third-Party Providers are independent businesses.
Except where expressly agreed otherwise, such parties are not employees, agents, partners, joint venturers, or representatives of Ship Zone.

5. CARRIER TERMS, TARIFFS, AND SERVICE RULES

Every Shipment may be subject to the applicable Carrier’s:

Terms and conditions;
Service guide;
Tariffs;
Bills of lading;
Packaging requirements;
Commodity restrictions;
Service guarantees;
Claims rules;
Liability limitations;
Insurance requirements;
Customs procedures;
Dangerous-goods rules; and
Other applicable requirements.

Customer agrees that use of a Carrier service constitutes acceptance of the Carrier’s applicable terms.

Carrier terms may change independently of Ship Zone.

Customer is responsible for reviewing and complying with applicable Carrier rules.

6. CARRIER SERVICE AVAILABILITY

Ship Zone does not guarantee that a particular Carrier, service level, rate, route, pickup service, delivery option, or transportation product will always be available.

Carrier availability may change because of:

Capacity;
Service-area changes;
Weather;
Operational issues;
Account restrictions;
Commodity restrictions;
Government actions;
Carrier policy changes; or
Other factors.

Ship Zone may add or remove Carriers or services from the platform at any time.

7. ACCOUNT REGISTRATION

Customer must provide accurate and current information when creating an Account.

Ship Zone may require information such as:

Customer name;
Business name;
Contact information;
Billing information;
Payment information;
Business address;
Tax information; and
Verification information.

Customer must promptly update information that changes.

8. ACCOUNT SECURITY

Customer is responsible for protecting:

Passwords;
API keys;
Authentication tokens;
Payment credentials;
User access;
Administrator access; and
Connected marketplace credentials.

Customer is responsible for all activity conducted through authorized credentials.

Customer must immediately notify Ship Zone of suspected unauthorized access.

Ship Zone may suspend an Account if Ship Zone reasonably believes security has been compromised.

9. AUTHORIZED USERS

Customer may allow employees, contractors, or other authorized users to access the Account.

Customer is responsible for:

Granting appropriate access;
Reviewing permissions;
Removing former users;
Maintaining administrator controls; and
Activities performed by authorized users.

Ship Zone may rely upon instructions submitted through Customer’s authenticated Account.

10. CUSTOMER SHIPMENT INFORMATION

Customer is responsible for providing complete and accurate information concerning every Shipment.

Such information may include:

Sender name;
Sender address;
Recipient name;
Recipient address;
Telephone numbers;
Email addresses;
Package weight;
Package dimensions;
Pallet count;
Freight class;
Commodity;
Quantity;
Declared value;
Country of origin;
HS/HTS code;
Customs description;
Dangerous-goods information;
Residential/commercial designation;
Delivery instructions; and
Other information required by Ship Zone or the Carrier.

Ship Zone may rely upon information provided by Customer without independently verifying it.

11. INCORRECT OR INCOMPLETE INFORMATION

Customer is responsible for consequences resulting from inaccurate or incomplete Shipment information.

This may include:

Carrier adjustments;
Delays;
Returns;
Customs holds;
Duties;
Penalties;
Reclassification;
Address corrections;
Storage;
Redelivery;
Seizure; or
Other charges.

Ship Zone is not responsible for errors caused by inaccurate information supplied by Customer.

12. CUSTOMER RESPONSIBILITY FOR GOODS

Customer represents and warrants that:

Customer owns the goods or is authorized to ship them;
The goods may legally be transported;
The commodity is accurately described;
Required licenses or permits have been obtained;
Required customs declarations are accurate;
The Shipment complies with Carrier requirements; and
The goods do not violate applicable law.

13. PROHIBITED AND RESTRICTED GOODS

Customer may not tender goods prohibited by:

Applicable law;
Origin-country rules;
Destination-country rules;
Transit-country rules;
Carrier requirements;
Ship Zone policies; or
Governmental restrictions.

Customer is responsible for determining whether a commodity is permitted.

Ship Zone may reject, suspend, cancel, or refuse a Shipment if Ship Zone reasonably believes it presents legal, compliance, safety, financial, or operational risk.

14. DANGEROUS GOODS

Dangerous or hazardous materials may only be shipped when:

The selected Carrier accepts them;
Customer has appropriate approval;
All legally required declarations are completed;
Packaging complies with applicable requirements; and
Customer complies with applicable transportation laws.

Customer is responsible for fines, penalties, cleanup expenses, damages, legal costs, and other losses caused by improper declaration or tender of dangerous goods.

15. PACKAGING

Customer is responsible for proper:

Packaging;
Cushioning;
Sealing;
Marking;
Labeling;
Palletizing;
Crating; and
Preparation of goods.

Customer must comply with Carrier packaging standards.

Ship Zone is not responsible for loss or damage resulting from insufficient or defective packaging.

16. SHIPPING RATES

Shipping rates are generated based upon information available at the time of quotation.

Rates may depend upon:

Carrier;
Origin;
Destination;
Weight;
Dimensions;
Dimensional weight;
Service level;
Commodity;
Freight class;
Residential status;
Delivery area;
Fuel;
Carrier surcharges; and
Additional services.

UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, QUOTED RATES ARE ESTIMATES AND ARE SUBJECT TO ADJUSTMENT.

17. CARRIER AUDITS AND ADJUSTMENTS

Carriers may inspect, weigh, measure, classify, audit, or re-rate Shipments after acceptance.

Customer is responsible for resulting charges, including those caused by:

Weight discrepancies;
Dimensional discrepancies;
Dimensional weight;
Oversize status;
Additional handling;
Incorrect address;
Residential delivery;
Remote area delivery;
Freight reclassification;
Commodity discrepancies;
Pickup fees;
Delivery-area surcharges; or
Other Carrier adjustments.

Adjustments may be received after the Shipment has been delivered.

Customer remains responsible for valid adjustments regardless of when Ship Zone receives them.

18. FREIGHT REWEIGH AND RECLASSIFICATION

Freight Carriers may inspect and reclassify freight.

Customer agrees that final freight charges may be adjusted based upon Carrier determination of:

Actual weight;
Actual dimensions;
Density;
Freight class;
NMFC classification;
Commodity;
Packaging;
Pallet configuration; or
Handling characteristics.

19. ACCESSORIAL CHARGES

Freight Services may result in accessorial charges including:

Liftgate;
Residential pickup;
Residential delivery;
Limited-access pickup;
Limited-access delivery;
Inside pickup;
Inside delivery;
Appointment delivery;
Detention;
Layover;
Lumper fees;
Storage;
Redelivery;
Driver assistance;
Reconsignment; or
Other Carrier services.

Customer is responsible for accessorial charges even if they were not known when the original quote was generated.

20. PAYMENT AUTHORIZATION

CUSTOMER EXPRESSLY AUTHORIZES SHIP ZONE TO CHARGE ANY AUTHORIZED PAYMENT METHOD ASSOCIATED WITH CUSTOMER’S ACCOUNT FOR ALL AMOUNTS OWED IN CONNECTION WITH THE SERVICES.

This authorization includes:

Transportation charges;
Carrier adjustments;
Accessorial charges;
Weight adjustments;
Dimension adjustments;
Address corrections;
Residential surcharges;
Fuel surcharges;
Duties;
Taxes;
Brokerage;
Customs charges;
Storage;
Demurrage;
Detention;
Redelivery;
Insurance;
Return shipping;
Chargeback costs;
Collection costs where permitted; and
Other valid Shipment-related charges.

This authorization survives termination of Customer’s Account with respect to transactions initiated before termination.

21. PAYMENT METHODS

Customer must maintain a valid payment method unless Ship Zone has approved written credit terms.

Ship Zone may use any authorized payment method on file to collect amounts owed.

If payment fails, Ship Zone may:

Retry payment;
Charge another authorized payment method;
Apply account credits;
Suspend the Account;
Disable labels;
Disable APIs;
Disable marketplace integrations;
Place the Account on hold; or
Refer the balance for collection.

22. CREDIT TERMS

Any credit terms must be expressly approved by Ship Zone in writing.

Ship Zone may:

Establish credit limits;
Require deposits;
Change credit limits;
Request updated financial information;
Withdraw credit; or
Require prepayment

where reasonably necessary.

Granting credit on one occasion does not require Ship Zone to provide credit in the future.

23. LATE PAYMENTS

Where permitted by applicable law and any applicable written agreement, Ship Zone may assess reasonable late-payment charges or collection expenses on overdue amounts.

Customer is responsible for reasonable costs incurred in collecting valid overdue balances to the extent recoverable by law.

24. CHARGEBACKS

A payment chargeback does not eliminate Customer’s obligation to pay valid charges.

Customer should contact Ship Zone before initiating a chargeback where reasonably practicable.

Ship Zone may suspend Accounts associated with fraudulent, abusive, or improper chargebacks.

Customer remains responsible for valid underlying charges and reasonable chargeback expenses to the extent permitted by law.

25. BILLING DISPUTES

Customer must dispute a Ship Zone charge in writing within 30 days after it is posted or invoiced unless applicable law requires otherwise.

Customer must provide supporting documentation.

Carrier disputes may be subject to separate deadlines.

Failure to dispute within the applicable period may limit Ship Zone’s ability to challenge the Carrier charge.

26. TAXES

Customer is responsible for taxes applicable to the Services or Shipment unless Ship Zone is legally required to collect and remit them.

Applicable taxes may include:

Sales tax;
Use tax;
GST/HST;
VAT;
Import tax; and
Other governmental charges.

27. DUTIES, TARIFFS, AND BROKERAGE

International Shipments may be subject to:

Duties;
Tariffs;
Brokerage;
Customs processing;
Disbursement charges;
Import taxes;
Government fees; and
Other destination charges.

Ship Zone does not guarantee that a Shipment will be free of duties, tariffs, or brokerage charges.

28. IMPORTER AND EXPORTER RESPONSIBILITIES

Unless Ship Zone expressly agrees otherwise in writing, Customer is responsible for determining:

Importer of Record;
Exporter of Record;
Tax obligations;
Import eligibility;
Export eligibility;
Licensing requirements; and
Customs declarations.

Ship Zone is not automatically the Importer of Record or Exporter of Record.

29. CUSTOMS CLASSIFICATION

Customer is responsible for accurate:

HS codes;
HTS codes;
Commodity descriptions;
Country of origin;
Declared value;
Commercial invoices;
Customs documentation; and
Export documentation.

Any classification assistance provided through Ship Zone is informational only.

Ship Zone does not provide legal, customs, or tax advice.

30. CUSTOMS DELAYS

Ship Zone is not responsible for independent actions of customs or governmental authorities.

This includes:

Inspections;
Holds;
Examinations;
Delays;
Seizures;
Confiscation;
Refused entry;
Destruction;
Regulatory requests; or
Additional documentation requirements.

31. TRANSIT TIMES

Transit times shown on Ship Zone are based primarily upon Carrier information.

Unless an applicable Carrier expressly guarantees a service, transit times are estimates.

Ship Zone does not independently guarantee pickup or delivery times.

32. CARRIER DELAYS

Ship Zone is not responsible for independent Carrier delays caused by:

Weather;
Capacity;
Mechanical problems;
Customs;
Government actions;
Incorrect addresses;
Operational disruptions;
Labor disputes;
Peak season;
Force majeure; or
Other Carrier circumstances.

33. TRACKING

Carrier tracking information may be displayed through Ship Zone.

Ship Zone does not guarantee that tracking information is:

Current;
Accurate;
Complete;
Continuous; or
Error-free.

34. LOST OR DAMAGED SHIPMENTS

Loss or damage claims are governed primarily by the applicable Carrier’s or insurer’s terms.

Ship Zone may assist Customer as a courtesy.

Assistance does not constitute an admission of responsibility.

35. CLAIM DEADLINES

Customer is responsible for meeting Carrier claim deadlines.

Carrier deadlines may be substantially shorter than ordinary legal limitation periods.

Customer should promptly report loss or damage.

Ship Zone does not guarantee that a Carrier will accept a late claim.

36. CLAIM DOCUMENTATION

Customer may be required to provide:

Photographs;
Commercial invoices;
Proof of purchase;
Proof of value;
Repair estimates;
Packaging;
Tracking information;
Recipient statements; or
Other Carrier-requested documents.

Customer is responsible for retaining appropriate documentation.

37. CARRIER CLAIM DECISIONS

Carrier or insurer decisions concerning claims are made independently.

Ship Zone does not guarantee:

Claim approval;
Settlement amount;
Processing time; or
Payment date.

Ship Zone is not obligated to pay a claim merely because a Carrier denies it.

38. INSURANCE AND SHIPMENT PROTECTION

Optional insurance or Shipment protection may be available.

Coverage is subject to applicable:

Policy terms;
Limits;
Exclusions;
Deductibles;
Commodity restrictions;
Valuation rules; and
Claims procedures.

Unless expressly stated otherwise, Ship Zone is not the insurer.

39. DECLARED VALUE

A declared Shipment value is not necessarily equivalent to insurance coverage.

Customer is responsible for reviewing applicable Carrier and insurer requirements concerning declared value and liability limits.

40. CANCELLATION OF LABELS

Eligible unused labels may be submitted for cancellation.

Eligibility is subject to Carrier rules.

A cancellation request does not automatically entitle Customer to a refund.

41. REFUNDS

Refunds may depend upon confirmation or approval from the applicable Carrier or Third-Party Provider.

Ship Zone may delay issuing a refund until the Carrier confirms that:

The label was unused;
The Shipment was not tendered; or
A Carrier credit is appropriate.

42. REFUNDED LABELS USED AFTER REFUND

If Customer uses a label after Ship Zone has refunded it, Customer authorizes Ship Zone to charge:

Transportation charges;
Adjustments;
Penalties; and
Other resulting costs.

43. RETURNED SHIPMENTS

Customer is responsible for charges associated with returned Shipments.

These may include:

Return transportation;
Storage;
Redelivery;
Customs;
Brokerage;
Duties;
Taxes; and
Handling charges.

44. UNDELIVERABLE SHIPMENTS

Shipments may become undeliverable due to:

Incorrect address;
Recipient refusal;
Failure to pay duties;
Customs problems;
Failed delivery attempts;
Restricted goods; or
Missing documentation.

Customer is responsible for resulting charges.

45. ABANDONED SHIPMENTS

Where permitted by law and Carrier rules, an unclaimed Shipment may be treated as abandoned.

Customer remains responsible for charges incurred before disposal, destruction, return, or abandonment.

46. OCEAN FREIGHT

Ocean freight may be subject to:

Carrier tariffs;
Bills of lading;
Terminal rules;
Port rules;
Freight-forwarding terms;
Maritime law; and
Customs requirements.

47. OCEAN FREIGHT ADDITIONAL CHARGES

Ocean freight may involve charges including:

Ocean transportation;
Inland drayage;
Terminal handling;
Documentation;
Port fees;
Chassis;
Customs examination;
Storage;
Demurrage;
Detention;
Congestion;
Rerouting;
War-risk surcharge; and
Other Carrier charges.

Customer is responsible for applicable charges unless Ship Zone expressly agrees otherwise.

48. DEMURRAGE AND DETENTION

Demurrage, detention, storage, chassis, and similar charges may accrue daily.

Customer is responsible for monitoring free time and ensuring timely pickup, return, loading, unloading, or release of equipment.

Ship Zone does not guarantee that a Carrier will waive demurrage or detention.

49. OCEAN SCHEDULES

Ocean sailing and arrival schedules are estimates.

Ship Zone is not responsible for changes caused by:

Carrier schedules;
Vessel delays;
Port congestion;
Weather;
Canal closures;
War;
Government actions;
Container shortages;
Blank sailings; or
Carrier rerouting.

50. GENERAL AVERAGE

Ocean Shipments may be subject to general average under applicable maritime law and Carrier terms.

Customer is responsible for required security, contributions, insurance documentation, or other obligations relating to general average.

51. FREIGHT AND OCEAN DOCUMENTATION

Customer is responsible for reviewing bills of lading, shipping instructions, commercial invoices, packing lists, and related documentation for accuracy.

Failure to promptly identify an error may result in additional charges or delays for which Customer is responsible.

52. WAREHOUSING

Where Ship Zone arranges warehouse services through a Third-Party Provider, the warehouse’s own terms may apply.

Ship Zone is not responsible for independent warehouse acts or omissions except where liability cannot lawfully be excluded.

53. E-COMMERCE INTEGRATIONS

Ship Zone may allow Customer to connect supported e-commerce platforms.

Customer authorizes Ship Zone to access information reasonably necessary to provide the integration.

Third-party platforms may change or discontinue functionality without Ship Zone’s control.

54. MARKETPLACE INTEGRATIONS

Ship Zone may integrate with marketplaces such as Amazon or other supported services.

Customer remains responsible for compliance with marketplace rules.

Ship Zone does not guarantee continued marketplace authorization or API availability.

55. AMAZON SP-API

Where Customer authorizes an Amazon SP-API integration, Ship Zone will use Amazon Information according to applicable authorization, Ship Zone’s Privacy Policy, Data Processing Agreement, and applicable Amazon requirements.

Customer remains responsible for its own Amazon seller obligations.

56. MARKETPLACE ACCOUNT SUSPENSIONS

To the maximum extent permitted by applicable law, Ship Zone is not responsible for marketplace actions such as:

Seller suspension;
Listing suspension;
Account deactivation;
Late-shipment metrics;
Order defects;
Ranking changes;
Marketplace penalties; or
Lost marketplace revenue,

except to the extent directly caused by Ship Zone where liability cannot legally be excluded.

57. API ACCESS

Ship Zone may provide API access to qualifying Customers.

API access is limited, revocable, non-exclusive, and non-transferable.

Ship Zone retains ownership of its APIs and related technology.

58. API RATE LIMITS

Ship Zone may establish request limits, rate limits, or other usage restrictions.

Customer may not attempt to circumvent such limitations.

59. API CREDENTIALS

Customer is responsible for protecting:

API keys;
Client secrets;
Passwords;
Tokens; and
Authentication credentials.

Customer must not expose credentials publicly.

60. API MONITORING

Ship Zone may monitor API usage for:

Security;
Fraud prevention;
Performance;
Abuse;
Rate-limit compliance; and
System integrity.

61. API SUSPENSION

Ship Zone may suspend API access where reasonably necessary due to:

Abuse;
Excessive usage;
Security concerns;
Nonpayment;
Fraud;
Violation of these Terms; or
Risk to Ship Zone or another party.

62. THIRD-PARTY APIS

Ship Zone may rely on Carrier, marketplace, payment, customs, mapping, or other APIs.

Ship Zone is not responsible for third-party API outages or changes beyond Ship Zone’s reasonable control.

63. DATA PRIVACY

Processing of Personal Information is governed by Ship Zone’s Privacy Policy and, where applicable, Data Processing Agreement.

64. CUSTOMER PRIVACY OBLIGATIONS

Customer represents that it has all necessary rights and lawful bases to provide Personal Information to Ship Zone.

Customer remains responsible for its own privacy-law compliance.

65. INTELLECTUAL PROPERTY

Ship Zone retains all rights in:

Software;
Applications;
APIs;
Documentation;
Designs;
Databases;
Trademarks;
Trade names;
Technology;
Processes; and
Other proprietary materials.

66. PROHIBITED PLATFORM USE

Customer may not:

Circumvent security;
Access unauthorized systems;
Reverse engineer protected technology;
Introduce malicious software;
Scrape without permission;
Abuse Carrier accounts;
Conduct fraudulent shipping activity;
Infringe third-party rights; or
Use Ship Zone unlawfully.

67. PLATFORM AVAILABILITY

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Ship Zone does not guarantee uninterrupted availability.

68. MAINTENANCE

Ship Zone may perform scheduled or emergency maintenance.

Temporary unavailability caused by maintenance does not constitute a breach of these Terms.

69. PLATFORM CHANGES

Ship Zone may modify, add, remove, suspend, or replace features, Carriers, integrations, APIs, or functionality.

70. BETA FEATURES

Experimental or beta features may contain errors and may be withdrawn at any time.

Customer uses beta features at its own risk.

71. THIRD-PARTY PROVIDERS

Ship Zone may use independent service providers to support its Services.

Ship Zone is not responsible for independent acts of Third-Party Providers except where liability cannot legally be excluded.

72. CUSTOMER INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SHIP ZONE LLC, ITS AFFILIATES, MEMBERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, JUDGMENTS, COSTS, AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR RELATING TO:

Customer’s goods;
Customer’s Shipments;
Customer’s use or misuse of the Services;
Customer’s breach of these Terms;
Incorrect Shipment information;
Incorrect customs declarations;
Dangerous goods;
Prohibited or restricted goods;
Improper packaging;
Customer’s violation of law;
Customer’s violation of Carrier terms;
Customer’s violation of marketplace rules;
Intellectual-property claims involving Customer’s goods;
Duties, taxes, penalties, or customs claims relating to Customer’s goods;
Customer’s privacy-law violations;
Customer’s API implementation;
Customer’s employees or contractors; or
Claims by recipients, purchasers, governmental authorities, Carriers, or other third parties relating to Customer’s goods or actions.

This Section survives termination.

73. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIP ZONE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND AVAILABILITY.

Nothing in these Terms excludes warranties that applicable law does not permit to be excluded.

74. NO GUARANTEE OF SAVINGS

Any advertised, estimated, or illustrative savings depend upon Carrier rates, Shipment characteristics, Customer volume, service level, and other factors.

Ship Zone does not guarantee that every Customer or Shipment will achieve a particular savings percentage.

75. EXCLUSION OF CONSEQUENTIAL DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIP ZONE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

This includes:

Lost profits;
Lost revenue;
Lost customers;
Lost contracts;
Lost opportunities;
Loss of goodwill;
Business interruption;
Lost data;
Marketplace penalties;
Replacement costs; and
Production losses.

76. LIMITATION OF LIABILITY FOR SHIPMENT CLAIMS

To the maximum extent permitted by applicable law, Ship Zone’s aggregate liability for a claim arising from a particular Shipment will not exceed the Ship Zone service fees actually retained by Ship Zone for that Shipment, excluding:

Carrier charges;
Duties;
Taxes;
Insurance premiums;
Governmental fees; and
Third-party pass-through amounts.

77. LIMITATION OF LIABILITY FOR OTHER CLAIMS

For claims not arising from a specific Shipment, Ship Zone’s total aggregate liability will not exceed the Ship Zone service fees actually paid by Customer during the three months immediately preceding the event giving rise to the claim, excluding Carrier and other third-party pass-through amounts.

78. NON-EXCLUDABLE LIABILITY

Nothing in these Terms excludes or limits liability that applicable law does not permit Ship Zone to exclude or limit.

79. NO ASSUMPTION OF CARRIER LIABILITY

Ship Zone does not become liable merely because it:

Contacts a Carrier;
Investigates a Shipment;
Submits a claim;
Requests a refund;
Pursues a credit;
Communicates with customs; or
Assists Customer with a dispute.

80. COURTESY CREDITS

A refund, credit, waiver, or accommodation provided by Ship Zone as a courtesy:

Does not constitute an admission of liability;
Does not establish precedent; and
Does not require Ship Zone to provide similar treatment in another matter.

81. FORCE MAJEURE

Ship Zone is not responsible for delay, interruption, additional cost, or inability to perform caused by events beyond its reasonable control.

Such events may include:

Severe weather;
Floods;
Hurricanes;
Earthquakes;
Fires;
Natural disasters;
Epidemics;
War;
Terrorism;
Civil unrest;
Piracy;
Strikes;
Labor disputes;
Port closures;
Canal closures;
Government actions;
Sanctions;
Embargoes;
Customs actions;
Carrier disruptions;
Transportation accidents;
Cyberattacks;
Power failures;
Telecommunications failures;
Internet outages;
Marketplace outages;
Cloud-provider outages; and
Third-party API failures.

82. ACCOUNT SUSPENSION

Ship Zone may suspend Customer’s Account due to:

Nonpayment;
Fraud;
Suspected fraud;
Chargeback abuse;
Security concerns;
Prohibited goods;
Illegal activity;
API abuse;
Carrier-account abuse;
Marketplace violations;
Violation of these Terms; or
Material risk to Ship Zone or a third party.

83. TERMINATION

Customer may terminate its Account subject to outstanding obligations.

Ship Zone may terminate an Account for material breach or risk.

Termination does not eliminate amounts already owed.

84. EFFECT OF TERMINATION

Following termination:

Customer may lose access to the platform;
API access may end;
Integrations may be disconnected;
Outstanding amounts remain payable; and
Ship Zone may retain information as required or permitted by law.

85. CONFIDENTIALITY

Each party will use reasonable care to protect confidential information received from the other.

Confidential information does not include information that:

Is publicly available;
Was lawfully known before disclosure;
Is independently developed;
Is lawfully obtained from another source; or
Must be disclosed by law.

86. ELECTRONIC COMMUNICATIONS

Customer agrees to transact electronically with Ship Zone.

Ship Zone may provide notices through:

Email;
Website notices;
Account notifications; or
Other reasonable electronic methods.

87. ELECTRONIC ACCEPTANCE

Customer agrees that these Terms may be accepted electronically.

Electronic acceptance may include:

Clicking “I Agree”;
Checking an acceptance box;
Creating an Account after presentation of these Terms;
Purchasing Services after presentation of these Terms; or
Otherwise electronically indicating agreement.

Ship Zone may maintain records showing Customer’s acceptance.

88. CHANGES TO SERVICES

Ship Zone may modify Services, Carriers, rates, integrations, APIs, and functionality.

89. CHANGES TO TERMS

Ship Zone may update these Terms periodically.

The most recent version will state its Last Updated date.

Where legally required, Ship Zone will provide notice of material changes.

90. GOVERNING LAW

These Terms and any dispute arising out of or relating to these Terms, the Services, Customer’s Account, or Customer’s relationship with Ship Zone are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent superseded by applicable federal law.

91. INFORMAL DISPUTE RESOLUTION

Before commencing formal legal proceedings, each party agrees to make reasonable good-faith efforts to resolve the dispute informally.

The complaining party must provide written notice describing:

The dispute;
Relevant transactions;
Supporting information; and
Requested resolution.

The parties will have 30 days after receipt to attempt resolution.

92. EXCLUSIVE VENUE

Unless a separate written agreement provides otherwise, any judicial proceeding arising from these Terms or the Services will be brought in a court of competent jurisdiction located in Dallas County, Texas.

Each party consents to jurisdiction and venue in such courts to the extent permitted by law.

93. INJUNCTIVE RELIEF

Nothing prevents Ship Zone from seeking temporary, preliminary, injunctive, or equitable relief where reasonably necessary to protect:

Intellectual property;
Confidential information;
Account security;
Payment rights; or
System integrity.

94. SEVERABILITY

If a provision is held unenforceable, it will be modified or enforced to the maximum extent permitted by law.

The remainder of these Terms will continue in effect.

95. NO WAIVER

Failure to enforce a right does not waive that right.

96. ASSIGNMENT

Customer may not assign these Terms without Ship Zone’s written consent.

Ship Zone may assign these Terms in connection with:

Merger;
Acquisition;
Financing;
Restructuring;
Sale of assets; or
Transfer of the business.

97. NO THIRD-PARTY BENEFICIARIES

Unless expressly stated otherwise, these Terms do not create rights for any third party.

98. RELATIONSHIP OF PARTIES

Nothing in these Terms creates a:

Partnership;
Employment relationship;
Franchise;
Joint venture; or
Agency relationship

between Customer and Ship Zone.

99. ENTIRE AGREEMENT

These Terms, together with the:

Privacy Policy;
Data Processing Agreement;
Carrier terms;
Service-specific terms; and
Applicable separately executed written agreements

constitute the agreement governing Customer’s use of the Services.

100. SURVIVAL

Provisions concerning:

Payment;
Carrier adjustments;
Taxes;
Customs;
Intellectual property;
Confidentiality;
Indemnification;
Warranty disclaimers;
Liability limitations;
Dispute resolution; and
Governing law

survive termination where applicable.

101. CONTACT INFORMATION

Ship Zone LLC
3341 Regent Blvd, Suite 130-124
Irving, Texas 75063
United States

Telephone: +1 (972) 275-6929
Email: info@shipzones.com
Website: www.shipzones.com

For billing disputes:
Subject: Billing Dispute

For legal notices:
Subject: Legal Notice

For privacy matters:
Subject: Privacy Request

CUSTOMER ACKNOWLEDGMENT

BY CREATING A SHIP ZONE ACCOUNT, CLICKING TO ACCEPT THESE TERMS, PURCHASING A SHIPPING LABEL, USING PARCEL, FREIGHT, OCEAN-FREIGHT, E-COMMERCE, API, OR OTHER SHIP ZONE SERVICES, OR OTHERWISE USING THE PLATFORM, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.

CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES TO THE PROVISIONS CONCERNING:

CARRIER TERMS AND RESPONSIBILITY;
RATE ADJUSTMENTS;
PAYMENT AUTHORIZATION;
DUTIES, TAXES, CUSTOMS AND BROKERAGE;
FREIGHT ACCESSORIALS;
DEMURRAGE AND DETENTION;
CLAIMS AND INSURANCE;
CUSTOMER INDEMNIFICATION;
DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY;
GOVERNING LAW; AND
DISPUTE RESOLUTION.