Terms Of Use

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF NUBORNEXPRESS.COM, INCLUDING NU-BORN EXPRESS SHIP MANAGER AT NUBORNEXPRESS.COM ("SHIP MANAGER"), NU-BORN EXPRESS GLOBAL TRADE MANAGER ("GTM"), AND NU-BORN EXPRESS BILLING ONLINE. 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.
NU-BORN EXPRESS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF NUBORNEXPRESS.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT NUBORNEXPRESS.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH NUBORNEXPRESS.COM.

1. Definitions


2. Use of NUBORNEXPRESS.COM


3. NUBORNEXPRESS.COM Login Registration


4. Changes to NUBORNEXPRESS.COM


5. Termination of use


6. Ownership


7. Disclaimer of warranty


8. Limitation of Liability


9. Indemnity


10. NU-Born Express Service Guide


11. Links to other web sites


12. Privacy Policy


13. Export


14. Controlling Law and Severability


15. Terms of Carriage


16. NU-Born Express ShipAlert^(SM)


17. Address Book


18. Courtesy Rate Quote


19. H.M. Customs and Excise Forms

Section 1. Definitions.

Content: information, graphics, products, features, functionality, services, and links on NUBORNEXPRESS.COM, including NU-Born Express Ship Manager at NUBORNEXPRESS.COM, Global Trade Manager, and NU-Born Express Billing Online.
NU-Born Express: NU-Born Express Corporate Services, Incorporated, its parent and its parent's subsidiary companies

You: Yourself and the entity that you represent

Section 2. Use of NUBORNEXPRESS.COM.

NUBORNEXPRESS.COM is provided solely for the use of current and potential NU-Born Express customers to interact with NU-Born Express and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving NU-Born 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 NU-Born Express customers for their own shipments. Use of NUBORNEXPRESS.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 BORNEXPRESS.COM is strictly prohibited.
NU-Born Express does not accept ideas, concepts, or techniques for new services or products through NUBORNEXPRESS.COM. If such information is received, it will not be considered confidential and NU-Born Express will be deemed free to use, communicate and exploit such information in any manner it chooses.
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Section 3. NUBORNEXPRESS.COM Login Registration.

You may choose to register on NUBORNEXPRESS.COM to access interactive features on NUBORNEXPRESS.COM. NUBORNEXPRESS.COM Login provides you with access to NU-Born Express Ship Manager at NUBORNEXPRESS.COM, My NU-Born Express, NU-Born Express Global Trade Manager, NU-Born Express Billing Online, and other online services. The availability of these services varies by country. In the future, NU-Born Express may add other features that may be accessed through NUBORNEXPRESS.COM Login. In such event, previously registered users will not be required to re-register.
By registering on NUBORNEXPRESS.COM, You agree to provide accurate and current information about Yourself as prompted by the NUBORNEXPRESS.COM Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
Some NUBORNEXPRESS.COM services are being made available to customers based in some countries and not others. You agree to register only for NUBORNEXPRESS.COM services offered on the NUBORNEXPRESS.COM website for the country in which your NU-Born Express account is based. For example, if your NU-Born Express account is based in Canada, you will register for services offered on NUBORNEXPRESS.COM/ca and not for services offered on NUBORNEXPRESS.COM/us.
When you register using NUBORNEXPRESS.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 NU-Born Express of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your NUBORNEXPRESS.COM session at the end of each visit.
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Section 4. Changes to NUBORNEXPRESS.COM.

NUBORNEXPRESS.COM and its Content, may be changed, deleted or updated at any time without notice.
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Section 5. Termination of Use.

NU-Born Express may discontinue, suspend or modify NUBORNEXPRESS.COM at any time without notice, and NU-Born Express may block, terminate or suspend Your and any user's access to NUBORNEXPRESS.COM at any time for any reason in its sole discretion, even if access continues to be allowed to others.
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Section 6. Ownership.

NUBORNEXPRESS.COM and its Content are protected by United States and international copyright, trademark and other laws. © 1995-2004 NU-Born Express. All rights reserved. Specifically, NU-Born Express does not convey to anyone, through allowing access to NUBORNEXPRESS.COM, any ownership rights in NUBORNEXPRESS.COM or in any Content appearing on or made available through NUBORNEXPRESS.COM. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of NUBORNEXPRESS.COM or its Content.
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Section 7. Disclaimer of Warranty.

NUBORNEXPRESS.COM AND ITS CONTENT ARE PROVIDED "AS IS". NU-Born 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 NUBORNEXPRESS.COM AND ITS CONTENT.
NU-Born Express EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING NUBORNEXPRESS.COM, SHIP MANAGER 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. NU-Born Express DOES NOT WARRANT THAT SHIP MANAGER WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SHIP MANAGER WILL BE CORRECTED. FURTHERMORE, NU-Born Express DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF SHIP MANAGER OR GLOBAL TRADE MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY NU-Born Express OR AN AUTHORIZED REPRESENTATIVE OF NU-Born Express SHALL CREATE A WARRANTY.
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Section 8. Limitation of Liability.

USE OF NUBORNEXPRESS.COM AND ITS CONTENT IS AT YOUR SOLE RISK. NU-Born 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 NUBORNEXPRESS.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED NU-Born Express OF THE POSSIBILITY OF SUCH DAMAGES.
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Section 9. Indemnity.

You agree to defend, indemnify and hold harmless NU-Born Express, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
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Section 10. NU-Born Express Service Guide.

The terms and conditions for using NU-Born Express delivery and related services are contained in the most current version of the NU-Born Express Service Guide, which is available by request. The most current version of the NU-Born Express Service Guide will control in the event of any conflict between any NU-Born Express delivery or related service information on NUBORNEXPRESS.COM and the delivery or related service information contained in the most current version of the NU-Born Express Service Guide.
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Section 11. Links to other web sites.

There are links on the NUBORNEXPRESS.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 NU-Born Express. NU-Born 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.
NU-Born 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.
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Section 12. Privacy Policy.

The NU-Born Express Privacy Policy governs the use of information acquired from You through NUBORNEXPRESS.COM.
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Section 13. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access NUBORNEXPRESS.COM regarding access, use, export, re-export and import of any Content appearing on or available through NUBORNEXPRESS.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.
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Section 14. Controlling Law and Severability.

This Agreement and Your use of NUBORNEXPRESS.COM is governed by and construed in accordance with the laws of the United States and the State of Tennessee, 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 NUBORNEXPRESS.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 Shelby County, Tennessee. This Agreement may not be changed or modified without the written consent of NU-Born Express.
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Section 15. Terms of Carriage.

(i) Customer agrees that domestic and international carriage by NU-Born Express of any shipments tendered to NU-Born Express using SHIP MANAGER 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 NU-Born 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 NU-Born Express subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of Global Trade Manager shall not alter Your responsibility for the preparation and accuracy of shipping documentation including import/export forms.

(ii) In the event Customer uses SHIP MANAGER to process shipments tendered to NU-Born 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 NU-Born Express from time to time (and which may be amended or modified from time to time at NU-Born Express's sole discretion) are placed on the Shipping Documentation as may be instructed by NU-Born Express, for all such international shipments. Customer will defend, indemnify and hold harmless NU-Born 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 NU-Born 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 SHIP MANAGER 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 NU-Born Express using SHIP MANAGER. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of NU-Born 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 NU-Born 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 NU-Born Express Express, P.O. Box 727, Memphis, TN 38194. The address for NU-Born Express Ground is P.O. Box 108, Coraopolis, PA 15230.
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Section16. NU-Born Express ShipAlert(SM).

NU-Born Express provides You with the opportunity, via SHIP MANAGER, to use NU-Born Express ShipAlert to send a message to the recipient informing him/her of Your shipment. This feature is provided free of charge. NU-Born Express may modify or terminate the use of NU-Born Express ShipAlert at any time.
NU-Born Express does not commit to keeping Your message private or confidential. By using NU-Born Express ShipAlert You acknowledge that NU-Born Express is providing the technical functionality only, and that You are solely responsible for the content of Your messages. NU-Born Express undertakes no duty to monitor any messages sent by You. However, NU-Born Express, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.
Do not use NU-Born Express ShipAlert for anything other than to communicate information about Your shipment. You may not use NU-Born Express ShipAlert 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 NU-Born Express sees or hears about messages sent via NU-Born Express ShipAlert that violate these provisions, or that may damage NU-Born Express, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
It is not necessary to use NU-Born Express ShipAlert to ship a package via SHIP MANAGER. NU-Born 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.
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Section17. Address Book

Subject to the terms listed here, addresses will remain in Your Address Book as long as You use SHIP MANAGER. If You do not use SHIP MANAGER for a period of 6 months, NU-Born Express will delete Your addresses.
However, NU-Born Express will not delete Your SHIP MANAGER account. If You have any concerns, please email NU-Born Express at webmaster@NUBORNEXPRESS.COM. The Address Book is a feature provided free of charge by NU-Born Express. You should maintain a back-up copy of Your addresses as NU-Born Express will not be responsible for the loss of addresses contained in the Address Book. NU-Born Express may modify or terminate this feature at any time for any reason.
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Section18. Courtesy Rate Quote

The courtesy rate reflected by the Courtesy Rate Quote on NU-Born Express Ship Manager, 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 NU-Born Express Service Guide or the NU-Born Express Rate Sheets for details on how shipping charges are calculated.
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Section19. H.M. Customs and Excise Forms

H.M. Customs and Excise forms. H.M. Customs and Excise Forms are subject to Crown copyright and are reproduced on Global Trade Manager under license from the Controller of Her Majesty's Stationery Office. Visitors to this site may reproduce and use these forms, but have no right to authorize third parties to use them.
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