THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SHIPNEX.COM, INCLUDING ‘MYNEX’ AT SHIPNEX.COM ("MYNEX"). YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
NEX WORLDWIDE EXPRESS INC MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF SHIPNEX.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT SHIPNEX.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH SHIPNEX.COM.
Content: information, graphics, products, features, functionality, services, and links on Shipnex.com, including MyNEX at www.Shipnex.com
NEX Worldwide Express: NEX Worldwide Express, Incorporated, its agent. You: Yourself and the entity that you represent.
2. Use of Shipnex.com.
Shipnex.com is provided solely for the use of current and potential NEX Worldwide Express customers to interact with NEX Worldwide Express and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving NEX Worldwide Express invoices and remitting payment using electronic funds transfer ("EFT"), drop-off location, identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential NEX Worldwide Express customers for their own shipments. Use of Shipnex.com to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.
The use of automated dial-in or inquiry devices to obtain information through Shipnex.com is strictly prohibited.
NEX Worldwide Express does not accept ideas, concepts, or techniques for new services or products through Shipnex.com. If such information is received, it will not be considered confidential and NEX Worldwide Express will be deemed free to use, communicate and exploit such information in any manner it chooses.
3. Shipnex.com Login Registration.
You may choose to register on Shipnex.com to access interactive features. Shipnex.com Login provides you with access to MyNEX and other online services. In the future, NEX Worldwide Express may add other features that may be accessed through Shipnex.com Login. In such event, previously registered users will not be required to re-register.
By registering on Shipnex.com, You agree to provide accurate and current information about yourself as prompted by the Shipnex.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
You agree to register only for Shipnex.com services offered on the Shipnex.com website for the country in which your NEX Worldwide Express account is based. When you register using Shipnex.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify NEX Worldwide Express of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your Shipnex.com session at the end of each visit.
4. Changes to Shipnex.com.
Shipnex.com and its Content, may be changed, deleted or updated at any time without notice.
5. Termination of Use.
NEX Worldwide Express may discontinue, suspend or modify Shipnex.com at any time without notice, and NEX Worldwide Express may block, terminate or suspend Your and any user's access to Shipnex.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Shipnex.com and its Content are protected by United States and international copyright, trademark and other laws. Specifically, NEX Worldwide Express does not convey to anyone, through allowing access to Shipnex.com, any ownership rights in Shipnex.com or in any Content appearing on or made available through Shipnex.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Shipnex.com or its Content.
7. Disclaimer of Warranty.
SHIPNEX.COM AND ITS CONTENT ARE PROVIDED "AS IS". NEX WORLDWIDE EXPRESS AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE SHIPNEX.COM AND ITS CONTENT.
NEX WORLDWIDE EXPRESS EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SHIPNEX.COM, “MYNEX” AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEX WORLDWIDE EXPRESS DOES NOT WARRANT THAT MYNEX WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN MYNEX WILL BE CORRECTED. FURTHERMORE, NEX WORLDWIDE EXPRESS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF MYNEX IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY NEX WORLDWIDE EXPRESS OR AN AUTHORIZED REPRESENTATIVE OF NEX WORLDWIDE EXPRESS SHALL CREATE A WARRANTY.
8. Limitation of Liability.
USE OF SHIPNEX.COM AND ITS CONTENT IS AT YOUR SOLE RISK. NEX WORLDWIDE EXPRESS WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SHIPNEX.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED NEX WORLDWIDE EXPRESS OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless NEX Worldwide Express, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
10. NEX Worldwide Express Service Guide.
The terms and conditions for using NEX Worldwide Express delivery and related services are contained in the most current version of the NEX Worldwide Express Service Guide, which is available by request. The most current version of the NEX Worldwide Express Service Guide will control in the event of any conflict between any NEX Worldwide Express delivery or related service information on Shipnex.com and the delivery or related service information contained in the most current version of the NEX Worldwide Express Service Guide.
11. Links to other web sites.
There are links on the Shipnex.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by NEX Worldwide Express. NEX Worldwide Express makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
NEX Worldwide Express has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access Shipnex.com regarding access, use, export, re-export and import of any Content appearing on or available through NEX Worldwide Express.com.
You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
14. Controlling Law and Severability.
This Agreement and Your use of Shipnex.com is governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to Shipnex.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within New York, NY. This Agreement may not be changed or modified without the written consent of NEX Worldwide Express.
15. Terms of Carriage.
(i) Customer agrees that domestic and international carriage by NEX Worldwide Express of any shipments tendered to NEX Worldwide Express using MYNEX shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively "Shipping Documentation") and as appropriate any transportation agreement between Customer and NEX Worldwide Express covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the NEX Worldwide Express subsidiary, branch, or independent contractor who originally accepts the shipment. Your responsibility for the preparation and accuracy of shipping documentation including import/export forms.
(ii) In the event Customer uses MYNEX to process shipments tendered to NEX Worldwide Express for delivery to locations outside the United States or country of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by NEX Worldwide Express from time to time (and which may be amended or modified from time to time at NEX Worldwide Express's sole discretion) are placed on the Shipping Documentation as may be instructed by NEX Worldwide Express, for all such international shipments. Customer will defend, indemnify and hold harmless NEX Worldwide Express, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow NEX Worldwide Express's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.
(iii) Printed Signature. Customer acknowledges that if MyNEX is used to process shipments to locations outside the United States or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to NEX Worldwide Express using MyNEX. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of NEX Worldwide Express's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by NEX Worldwide Express, or its independent contractor.
(iv) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is NEX Worldwide Express, 60 West 39th Street, NY, NY 10018
16. Shipping Notification.
NEX Worldwide Express provides You with the opportunity, via MyNEX, to use NEX Worldwide Express Shipping Notification send a message to the recipient informing him/her of Your shipment. This feature is provided free of charge. NEX Worldwide Express may modify or terminate the use of NEX Worldwide Express Shipping Notification at any time.
NEX Worldwide Express does not commit to keeping Your message private or confidential. By using NEX Worldwide Express Shipping Notification You acknowledge that NEX Worldwide Express is providing the technical functionality only, and that You are solely responsible for the content of Your messages. NEX Worldwide Express undertakes no duty to monitor any messages sent by You. However, NEX Worldwide Express, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.
Do not use NEX Worldwide Express Shipping Notification option for anything other than to communicate information about Your shipment. You may not use NEX Worldwide Express Shipping Notification service to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If NEX Worldwide Express sees or hears about messages sent via NEX Worldwide Express Shipping Notification service that violate these provisions, or that may damage NEX Worldwide Express, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
It is not necessary to use NEX Worldwide Express Shipping Notification to ship a package via MYNEX. NEX Worldwide Express will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.
17. Address Book
Subject to the terms listed here, addresses will remain in Your Address Book as long as You use MYNEX. If You do not use MYNEX for a period of 6 months, NEX Worldwide Express will delete Your addresses.
However, NEX Worldwide Express will not delete Your MYNEX account. If You have any concerns, please email NEX Worldwide Express at firstname.lastname@example.org
. The Address Book is a feature provided free of charge by NEX Worldwide Express. You should maintain a back-up copy of Your addresses as NEX Worldwide Express will not be responsible for the loss of addresses contained in the Address Book. NEX Worldwide Express may modify or terminate this feature at any time for any reason.
18. Courtesy Rate Quote
The courtesy rate reflected by the Courtesy Rate Quote on NEX Worldwide Express MYNEX, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable NEX Worldwide Express Service Guide or the NEX Worldwide Express Rate Sheets for details on how shipping charges are calculated.