Terms of Service
This Account/User Agreement and Terms of Use govern your relationship with ShipCaddie, LLC (“ShipCaddie” or “the Company”) and your use of the ShipCaddie website service (the “Service” or “Services”).
Terms of ServiceMichelle Ward2023-03-23T08:54:26+00:00
By using or accessing this website, you acknowledge that you have read, understand and agree to be bound by the following terms and conditions. The material and information on this website is protected by law, including copyright law. Except as otherwise specifically provided, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form and in any manner without ShipCaddie’s prior written permission. You may not mirror any material contained on this website or any other server.
Your account membership shall commence upon the date of registration. Accounts will be active unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your account.
We may change the terms of this Agreement at any time without notice. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country where ShipCaddie has facilities, and by creating an account for the Service, you consent to the transfer of information outside of your country. If you access the Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to the Service, they will have the ability to view information about your account, execute transactions and make changes through the website for the Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
You agree to immediately pay, or pay upon such terms as are agreed between the Company and you, the related service fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the transaction was initiated. We will bill all charges automatically to your credit card or prepaid account or in accordance with such method as the Company may agree to from time to time. Unless we state in writing otherwise, all fees and charges are non-refundable including amounts deposited in prepaid accounts (Caddie Credits). Caddie Credits can only be applied to shipments that originate from the Credit Card’s associated address that was used to purchase the Caddie Credits. For example, if you purchased Caddie Credits from a Credit Card that has a U.S. address associated with it, you can use the Caddie Credits only for Shipments made from the U.S. Caddie Credits are not transferable between US and Non-US accounts. We may change the fees and charges then in effect, or add new fees or charges at any time without notice. If you would like to use a different method of payment, or if you are unable to meet your payment obligations, or if your information in relation to your payment method changes, or if you believe someone has accessed the Service using your user name and password without your authorization, you must notify us immediately. Ultimately, you are responsible for any and all fees or charges incurred in connection with your username and password through using ShipCaddie.com.
Rate information published on this website is subject to change without notice. ShipCaddie has no control over such rate information and your reliance on any such rate information will be done solely at your “own risk”. ShipCaddie may make improvements and/or changes to this website and/or information at any time without notice. Any references to non-ShipCaddie products or services on this website are for information purposes only and do not constitute a recommendation or endorsement of such products or services by ShipCaddie or any other third party.
ShipCaddie is not responsible for information submitted by Users or Account holders on the ShipCaddie website or within the use of ShipCaddie Services. Users or Account holders are responsible for the accuracy of the information that is used in conjunction with the ShipCaddie website and the Services offered. This includes, but is not limited to, information concerning the User and Package Criterion (To, From, Type of Service, Weight, Dimensions, Content, etc.).
It is the User’s responsibility to ensure the items that are being shipped or electronically transferred are of legal content and substance. Users are encouraged to review the Carrier’s Terms and Conditions, along with restrictions on items that can be shipped by the Carrier, before selecting the Carrier on ShipCaddie. ShipCaddie is not responsible for the contents of the items that are being shipped or electronically transferred. Users are solely responsible for the items they ship and electronically transfer.
Refund requests must be made within one week of purchasing a label. Refund requests that occur after one week from the purchase of a label will not be processed.
ShipCaddie does not warrant or provide insurance directly on items being shipped or electronically transmitted. Users are encouraged to review the Carrier’s or Insurance provider’s Terms and Conditions along with their insurance coverage, before selection of Carrier. If coverage was purchased using a third party insurance provided on ShipCaddie, claims associated with the package or electronic transmission must be made with that insurance provider and not ShipCaddie. ShipCaddie is not responsible for any claims or subsequent damages resulting from lost, delayed or damage packages.
Issues arising from delayed, lost or damaged packages must be addressed to the Carrier that was selected by the User. ShipCaddie is not responsible for packages that are not picked up by the Carrier from the user.
Only one individual may access the Service at a time using the user name, password or account profile provided by ShipCaddie, unless we agree otherwise. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate specific carriers’ regulations and/or terms and agreements, any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. If a shipment is deemed to be fraudulent, or there is evidence of fraud in relation to other account usage, ShipCaddie reserves the right to Void the label and/or have the package returned to sender. In such cases, ShipCaddie has the right to send information concerning the fraud to concerned parties including local authorities.
You shall not transmit to Company or upload to this Site or the Software any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
Software that is made available to download from the Company web sites, (“Software”) is the copyrighted work of Company and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Provider hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular Provider Web Site in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Provider and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.
Users and Account holders of ShipCaddie.com are responsible for reviewing and accepting the Terms and Conditions as well as the Privacy Policies of Carriers that are offered on ShipCaddie.com prior to completing a transaction on ShipCaddie.com. These include, but are not limited to USPS, UPS, FedEx, DHL and other Carriers available on ShipCaddie.com
ShipCaddie may provide hyperlinks or pointers to other websites maintained by third parties. The links to any such third party websites are provided for your convenience and information only. The content of any linked website is not under the control of ShipCaddie and should you decide to access any such website, you do so entirely at your own risk. The provision of a link to a third party website does not mean that ShipCaddie endorses, authorizes or sponsors any such website or that ShipCaddie is affiliated with such third party.
All postings by you or other users become the property of ShipCaddie which reserves the right to edit all postings prior to publication or electronic dissemination. Responses to questions posted by users of the website are for general informational purposes only and shall not be construed to be a recommendation or endorsement of any products or services by ShipCaddie.
The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property available through the Services is the property of ShipCaddie, LLC. or the property of other third parties and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone. “ShipCaddie” and the ShipCaddie logos are trade-marks of ShipCaddie, LLC All rights reserved.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR THE SAKE OF CLARITY, YOU USE THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN AT YOUR OWN RISK. SHIPCADDIE AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“SHIPCADDIE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SHIPCADDIE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SHIPCADDIE PARTIES’ LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SHIPCADDIE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS AGAINST ALL CLAIMS, ACTION, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES, THAT MAY AT ANY TIME BE INCURRED BY REASON OF VIRUS OR ANY OTHER DESTRUCTIVE FEATURE RESULTING FROM YOUR ACCESS TO, USE OF OR LINKAGE WITH THIS WEBSITE AND/OR ANY CLAIM BROUGHT BY A THIRD PARTY HAVING A BASIS IN CONTRACT OR TORT, IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT, INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, GROSS NEGLIGENCE, PRODUCTS LIABILITY OR STRICT PRODUCTS LIABILITY.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services or their availability to you at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Utah, US, without regard to any conflict or choice of law principles.
