Updated March 4, 2019
1.1 Your use of Shipthrifty products, software, services, and websites (collectively the "Services") is subject to the following terms, which are a legally-binding agreement between you and Shipthrifty ("we," "our," and "us").
1.2 It is important for you to take the time to read the terms in this agreement (the "Terms") carefully.
1.3 Any notices to us must be sent to: Shipthrifty, 7501 80th St. S, Suite 104, Cottage Grove, MN 55016.
2.1 In order to use our Services, you must first accept the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by: (a) clicking to accept the terms where indicated when you sign up for the Services; or (b) by using the Services, in which case your use of the Services shall constitute your acceptance of the Terms.
2.3 Your use of the Services shall comply with all shipping carrier requirements, including prohibited or restricted items, and any domestic or international laws or regulations which apply.
2.3.1 You assume all responsibility for compliance with the laws and regulations of the United States and/or any other country from which you are shipping to or from. You acknowledge, understand and agree that you will not import or export any content that is restricted under United States laws or the laws of a country you are shipping to and that you are not a Denied Party on any list (Denied Persons List, Special Designated National on the U.S. Treasury Department’s List of Specially Designated Nationals), and that the item(s) you are shipping will not be used in the development or production of nuclear, chemical, or biological weapons.
2.3.2 If shipping outside the United States or country of shipment origin, you shall assure that the terms and conditions of international carriage are placed on the shipping documentation and are readily available for presentation to authorized shipping carriers when needed. You also assume all responsibility for these documents, as well as any expenses that may be incurred. You also agree to hold Shipthrifty, its officers, directors, employees and agents harmless of any and all losses, damages, claims and other costs and expenses in connection with your failure to comply with international terms and regulations, international shipping documentation requirements, including but not limited to any claims from the recipient related to any shipment, and failure to follow a carrier’s instructions with regard to the placement of the terms on the shipping documentation for such international shipments.
2.3.3 You acknowledge, understand and agree that we will not be physically transporting your package and you agree to allow third-party companies to transport any packages that are being sent through the service or partner shipping buttons. Such third-parties include the carrier you select when you book your package delivery as well as others who may be involved in your package transportation or storage outside of and in addition to the carriers, such as hotel staff, golf staff, university staff, etc. You acknowledge you are using the Services at your sole risk. We will make the API calls to given carrier(s) to provide you the current prices for comparison. Carrier rates are subject to change during the course of any given day.
2.3.4 You acknowledge, understand and agree that it is your obligation to review your shipping information prior to confirmation and payment. If you need to edit your information, you will be able to do so prior to making payment. Any changes to the ship to or ship from information may result in rate changes since the distance your package has to travel may change and/or the current rates may have changed since your initial interaction. If your shipment is submitted to the carrier, we will be unable to change or refund your shipment. You may contact the carrier directly to make adjustments to shipping information. If the shipment has not already processed with the carrier, the carrier may or may not be able to assist you. You agree to hold us, our officers, directors, employees, shipping button partners, and agents harmless of any and all losses, claims and other costs and expenses related to failure to confirm your shipping details prior to submitting your order to a carrier via the Services.
2.3.5 Shipping rates are generated based on the information you enter into the platform/service at the time you complete the online form. You agree to accurately represent the dimensions and weights of any package you are creating a label for on the website or via a partner shipping button. Shipment dimensions are calculated by the widest point of each side and by weight and you understand that the carriers round numbers up to the next whole number. Final rates are based upon actual weights and dimensions of each shipment, which are verified by the third-party carrier you book your shipment with. Should a carrier assess any additional charges upon delivery of your package for misrepresented or inaccurate information, you understand you are responsible for those charges and any adjustment fee(s) that may be incurred will be billed to your account automatically. Said charges may not be known or charged until several weeks after the date of your shipment. You are directly responsible for all handling fees charged by a pick up or delivery location such as the carrier store, hotels, resorts, golf venues, etc., all of which charges are independent of our Services.
2.4 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with us or otherwise lack the requisite legal capacity to form a valid and enforceable contract; or (b) you are barred from receiving the services under the laws of the United States or other countries, including the country in which you reside or from where you use the Services; or (c) you will not comply with the shipping regulations, requirements, prohibited items or other restrictions required by the United States or other countries or the shipping carriers.
2.5 You acknowledge, understand and agree that you are the sole party responsible for packing and accurately insuring your package(s) or shipment(s). Packages should be securely packed prior to drop off or any scheduled pick-up and insured on the platform/service/partner shipping button. FedEx, UPS, and DHL automatically insure your package up to $100 and USPS shipments are insured for up to $50; additional coverage to insure the actual value of the package is your responsibility.
In the event your package or shipment is lost, damaged, or does not get delivered in a timely manner due to a failure of us or our third-party shipping carrier partners you may request assistance from us in submitting any claims or complaints to the shipping carrier you booked your shipment with. Claims for lost or missing items up to the amount you have insured them for will require a physical investigation, as well as certain paper work to be submitted which will require your assistance. Once we receive timely and properly-submitted information from you along with your claim or complaint, we may share the information with any affected third-party business partner(s) involved in handling the package or shipment. We or the third-party business partner(s) may conduct a reasonable investigation into said claims or complaints, but in no event are we required to investigate your claim. You acknowledge your request for assistance for claims or complaints does not entitle you to compensation or damages from us or our partners.
We are not liable for any damage or loss incurred as a result of poor packing, failure to acquire insurance, or failure to obtain signatures upon delivery. We and our logistics partners are not liable for any damage or loss of protruding parts such as wheels, handles, straps, pockets, etc. Shipthrifty and its logistics partners are also not liable for luggage marring, chipping, scratching, denting, or similar.
2.6 Print, download or otherwise save a copy of these Terms for your records.
3.1 You acknowledge, understand and agree to the following:
3.1.1 Any subsidiaries, affiliates, or contractors will be entitled to provide the Services to you on our behalf.
3.1.2 The form and nature of the Services may change from time to time without prior notice to you.
3.1.3 We may stop providing the Services at our sole discretion, without prior notice to you. You may stop using the Services at any time.
4.1 In order to access the Services, you may be required to provide information about yourself (such as identification or contact information). You agree to provide accurate, true, correct, and up-to-date information and maintain the information at all times.
4.2 You agree to use the Services only as permitted by the Terms and any applicable laws, regulations, or generally-accepted practices or guidelines.
4.3 You agree not to access (or attempt to access) the Services through any automated means (including use of scripts of web crawlers), and that you will comply with the instructions set out in any robots.txt file present on the Services.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that we may suffer) of any such breach. You further agree that the determination of any breach of the Terms is subject to our sole discretion.
5.1 You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be responsible for all activities that occur under your account(s).
5.2 If you become aware of any unauthorized use of your password or account, you must reset your password and notify us immediately.
6.1 All information (such as data files, written text, computer software, music, audio files, photographs, and video) that you may have access to as part of, or through your use of, the Services ("Content") is the sole responsibility of the person from whom the Content originated.
6.2 The Content may be protected by intellectual property rights that are owned by the provider(s) of that Content. You must comply with any intellectual property restrictions for any and all Content unless you have a separate written agreement with the owner.
6.3 We reserve the right to filter, modify, or delete any or all Content from the Services, but we have no obligation to do so.
6.4 The Services may contain Content you find offensive, indecent, or objectionable. You use the Services at your own risk.
6.5 You are solely responsible for any Content you create, transmit, or display while using the Service, and for the consequences of your actions if you do so (including any loss or damage we may suffer).
7.1 We own all legal right, title, and interest in and to the Services, including any intellectual property rights in the Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. The Services may contain information that we designate as confidential, and you agree not to disclose such information without our prior written consent.
7.2 You may not use our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features unless you are a Shipthrifty Business Partner using these items to promote the partnership or you otherwise have our express written consent.
7.3 You may not remove, obscure, or alter any proprietary rights notices (including copyright or trademark notices) that may be affixed to or contained within the Services.
8.1 We grant you a personal, worldwide, royalty-free, non-assignable, and nonexclusive license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.
8.2 You may not (and you may not permit or encourage anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted by us in writing or required by law.
8.3 Unless we have given you specific, written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
9.1 These Terms apply until terminated by you or by us.
9.2 Should you desire to terminate your relationship with us, you may do so by: (a) notifying us; and (b) closing your accounts for all the Services that you use. You should send your notice, in writing, to the address set out at the beginning of these Terms.
9.3 We may terminate our relationship with you in the event of any of the following:
9.3.1 You breach any provision of these Terms, or act in a manner that clearly shows you do not intend or are unable to comply with the provisions of these Terms.
9.3.2 We are required to do so by law.
9.3.3 Any partner with which we offer the Services to you terminates its relationship with us or stops offering the Services to you.
9.3.4 We stop providing the services in the country in which you reside or from where you use the Services.
9.3.5 We determine that providing the Services to you is no longer commercially viable.
9.3.6 We make any other determination in our sole discretion that our relationship with you is inimical to our business interest.
9.4 Nothing in this section will affect our rights regarding provision of the Services as outlined in section 3.
9.5 In the event of the replacement or termination of these Terms, all of the legal rights, obligations, and liabilities from which you and we have benefited, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15.6 shall continue to apply to such rights, obligations, and liabilities.
10.1 Nothing in these terms shall exclude or limit our liability for losses that may not be excluded or limited by applicable law. Our liability will be limited to the maximum extent permitted by the law in your jurisdiction.
10.2 Your use of the Services is at your sole risk and the Services are provided "as is" and "as available."
10.3 We do not represent or warrant to you that:
10.3.1 Your use of the Services will meet your requirements.
10.3.2 Your use of the Services will be uninterrupted, timely, secure, or free from error.
10.3.3 Any information you obtain as a result of your use of the Services will be accurate or reliable.
10.3.4 Defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
10.4 If you download or otherwise obtain material through your use of the Services, you do so at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or for any loss of data that results.
10.5 No advice or information you obtain from us, whether through or from the Services or not, will create any warranty not expressly stated in these Terms.
10.6 We expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
11.1 Subject to the provisions in section 10.1, we will not be liable to you for any damages of any kind that may be incurred by you. This limitation on our liability will apply whether or not we have been advised of, or should have been aware of, the possibility of any such losses arising.
12.1 We have no control over websites, content, or resources that we do not provide, even if links to such websites, content, or resources are included in the Services.
12.2 We do not endorse any advertising, products, or other materials on or available on any external websites, content, or resources.
12.3 We are not liable for any loss or damage that may be incurred by you related to any external websites, content, or resources.
13. 1 We reserve the right to change, modify, add, or delete all or portions of these Terms at any time without notice. If we do this, we will post the changes to these Terms on this page and update the date at the top of the Terms, under the page title. Your continued use of the Services constitutes your acceptance of any and all changed, modified, or additional Terms. If you do not agree to abide by these or any future Terms, do not use the Services. It is your responsibility to regularly refer back to this page to determine if there have been changes, modifications or additions to the Terms, and to review them.
13. 2 If you use the Services after the date on which these Terms have changed, you signify your assent to the new Terms by your continued use, and we will treat your use as acceptance of the updated Terms.
14.1 Your use of any third-party services may be subject to separate terms between you and the third-party service provider, even if you access those third-party services through or in connection with your use of the Services.
14.2 These Terms constitute the entire legal agreement between you and us, and completely replace any prior agreement between you and us in relation to the Services.
14.3 You agree that we may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or through the Services.
14.4 You agree that if we do not exercise any legal right or remedy that is contained in the Terms or any applicable law, it is not nor shall it be construed to be a formal waiver of our rights.
14.5 If any court of competent jurisdiction rules that any provision of these Terms is invalid, that provision will be removed from the Terms without affecting the rest of the Terms, which will remain valid and enforceable.
14.6 The Terms, and your relationship with us, shall be governed by the laws of the State of Minnesota, without regard to its conflict of law(s) provisions. You agree to submit to the exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota, to resolve any legal matter arising from the Terms. However, we may apply for injunctive or declaratory relief in any jurisdiction.