SET OUT BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH YOU ARE PERMITTED TO USE ALPHATRACKER SHIP MANAGER AT ALS-OTG.COM ("SHIP MANAGER"). PLEASE READ THIS INFORMATION CAREFULLY. IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST ACKNOWLEDGE YOUR AGREEMENT BELOW ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT. ONCE ACKNOWLEDGED, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN ALPHA NEXTDAY XPRESS AND YOU AND SUCH ENTITY (collectively referred to as "Customer" hereinafter) GOVERNING ALL USE OF SHIP MANAGER. WHEN USED IN THIS AGREEMENT ("AGREEMENT"), THE NAME "ALPHA NEXTDAY XPRESS" SHALL MEAN AND INCLUDE ALPHANEXTDAY XPRESS, ITS PARENT AND ANY AND ALL OF ITS AFFILIATE AND SUBSIDIARY COMPANIES, INCLUDING MRC EXPRESS, INC. , ALPHA NEXTDAY XPRESS AND ALPHA 3 DAY SAVER DEFERRED. PLEASE PRINT OUT A COPY OF THIS AGREEMENT AND RETAIN IT WITH YOUR FILES FOR FUTURE REFERENCE.
Section 1. Grant. Subject to the terms and conditions of this Agreement, Alpha NextDay Express grants Customer a non-exclusive, royalty-free, non-assignable right to use SHIP MANAGER, solely to label, rate, route, record, track, prepare and invoice shipments tendered to Alpha NextDay Xpress by Customer for carriage and for no other purpose. You are responsible for maintaining the confidentiality of your account number and its use within your organization.
Section 2. Intellectual Property Rights. Alpha NextDay Xpress holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to SHIP MANAGER. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble SHIP MANAGER.
Section 3. Use. Customer agree to follow Alpha NextDay Xpress's instructions regarding the use of SHIP MANAGER. Alpha NextDay Xpress may modify SHIP MANAGER at any time for any reason. Use of SHIP MANAGER to prepare shipments by or for the benefit of third party shippers is expressly prohibited. Customer is responsible for all charges incurred under Customer's account and meter numbers.
Section 4. Termination. Use of SHIP MANAGER may be terminated at any time for any reason.
Section 5. Disclaimer of Warranty. Customer expressly acknowledges and agrees that SHIP MANAGER is made available for Customer's use free of charge and that Customers use of SHIP MANAGER is at its sole risk. ALPHA NEXTDAY XPRESS, EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING 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. ALPHA NEXTDAY XPRESS 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, ALPHA NEXTDAY XPRESS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF SHIP MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY ALPHA NEXTDAY XPRESS OR AN AUTHORIZED REPRESENTATIVE OF ALPHA NEXTDAY XPRESS SHALL CREATE A WARRANTY.
Section 6. Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT ALPHA NEXTDAY XPRESS IS PROVIDING THE USE OF SHIP MANAGER FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ALPHA NEXTDAY XPRESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE USE OF SHIP MANAGER OR THE INTERNET, OR THE USE, OR INABILITY TO USE, SHIP MANAGER OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO CUSTOMER'S INTERNAL COMPUTER SYSTEMS EVEN IF ALPHA NEXTDAY XPRESS, OR AN AUTHORIZED REPRESENTATIVE OF ALPHA NEXTDAY XPRESS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 7. Terms and Conditions of Carriage. (a) Customer agrees that domestic and international carriage by Alpha NextDay Xpress of any shipments tendered to Alpha NextDay Xpress 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 Alpha NextDay Xpress 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 Alpha NextDay Xpress subsidiary, branch, or independent contractor who originally accepts the shipment.
(b) In the event Customer uses SHIP MANAGER to process shipments tendered to Alpha NextDay Xpress 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 Alpha NextDay Xpress from time to time (and which may be amended or modified from time to time at Alpha NextDay Xpress's sole discretion) are placed on the Shipping Documentation as may be instructed by Alpha NextDay Xpress, for all such international shipments. Customer will defend, indemnify and hold harmless Alpha NextDay Xpress, 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 Alpha NextDay Xpress's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.
(c) 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 Alpha NextDay Xpress using SHIP MANAGER. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of Alpha NextDay Xpress'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 Alpha NextDay Xpress, or its independent contractor.
(d) 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 Alpha NextDay Xpress, P.O. Box 8693, Coral Springs, FL 33075. The address for Alpha 3 Day Saver Deferred is P.O. Box 8693, Coral Springs, FL 33075
Section 8. Alpha NextDay Xpress ShipAlert. Alpha NextDay Xpress provides You with the opportunity, via SHIP MANAGER, to use Alpha NextDay Xpress ShipAlert to send a message to the recipient informing them of Your shipment. This feature is provided free of charge. Alpha NextDay Xpress may modify or terminate the use of Alpha NextDay Xpress ShipAlert at any time. Alpha NextDay Xpress does not commit to keeping Your message private or confidential. By using Alpha NextDay Xpress ShipAlert You acknowledge that Alpha NextDay Xpress is providing the technical functionality only and that You are solely responsible for the content of Your messages. Alpha NextDay Xpress undertakes no duty to monitor any messages sent by You. However, Alpha NextDay Xpress, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself. Do not use Alpha NextDay Xpress ShipAlert for anything other than to communicate information about Your shipment. You may not use Alpha NextDay Xpress 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 Alpha NextDay Xpress sees or hears about messages sent via Alpha NextDay xpress ShipAlert that violate these provisions, or that may damage Alpha NextDay Xpress, it may take all actions necessary to protect itself, including disclosing any messages to the authorities. It is not necessary to use Alpha NextDay Xpress ShipAlert to ship a package via SHIP MANAGER. Alpha NextDay Xpress 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.
Section 9. Address Book. Subject to the terms listed below, 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 12 months, Alpha NextDay Xpress will delete Your addresses. However, Alpha NextDay Xpress will not delete Your SHIP MANAGER account. If You have any concerns, please email Alpha NextDay Xpress at webmaster@als-otg.com. The Address Book is a feature provided free of charge by Alpha NextDay Xpress. You should maintain a back-up copy of Your addresses as Alpha NextDay Xpress will not be responsible for the loss of addresses contained in the Address Book. Alpha NextDay Xpress may modify or terminate this feature at any time for any reason.
Section 10. Courtesy Rate Quote. The courtesy rate reflected here, 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 Alpha NextDay Xpress Service Guide or the Alpha NextDay Xpress Rate Sheets for details on how shipping charges are calculated.
Section 11. Quick login. With the quick login option, Alpha NextDay Xpress will store Your Alpha NextDay Xpress SHIP MANAGER User ID and Alpha NextDay Xpress account number in Your browser so that the next time You use SHIP MANAGER You won't have to remember them. If You select this option, You should know that unauthorized use of SHIP MANAGER could occur as SHIP MANAGER may be available to anyone with access to Your computer. You are responsible for all charges incurred under Your SHIP MANAGER User ID and Alpha NextDay Xpress account number. By selecting this option You agree to the Registration and Security Terms and Conditions.
By registering for an Alpha NextDay Xpress Ship Manager User ID, you agree to provide Alpha NextDay Xpress with accurate, complete and updated registration information. Failure to do so may result in shipment problems, for which Alpha NextDay Xpress shall have no liability or responsibility. You may not select or use a screen name of another person or one which Alpha NextDay Xpress deems offensive. You are solely responsible for all charges incurred under your User ID, Alpha NextDay Xpress account number and credit card number. You may not authorize any third party to process shipments through Alpha NextDay Xpress Ship Manager using your User ID. You should notify Alpha NextDay Xpress of any known or suspected unauthorized use of your Alpha NextDay Xpress account number, or credit card number, and any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Alpha NextDay Xpress account number or credit card information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Alpha NextDay Xpress account and Alpha nextDay Xpress Ship Manager User ID, at Alpha NextDay Xpress's sole discretion.
Use of Alpha NextDay Xpress Ship Manager is subject to all the terms and conditions located throughout this site.
You may select the quick login option which will allow your Alpha NextDay Ship Manager User I.D. and Alpha NextDay Xpress Account Number or your credit card information (for U.S. domestic shipping only) to be saved and stored via a cookie on your computer. If you elect this option, Alpha NextDay Xpress Ship Manager will recognize you when you access Alpha NextDay Xpress Ship Manager and it will not be necessary to enter your User ID and Alpha NextDay Xpress Account Number or Credit Card information (for U.S. domestic shipping only) to use Alpha NextDay Xpress Ship Manager. If you elect this option, the cookie will remain on your hard drive until the year 2025, or until you delete it. Since your sign on information could be viewed by anyone having access to your computer, you should not choose quick login unless your computer is in a secure area as you are responsible for all activity occurring under your User ID. By selecting the quick login option, you assume all risk of and are responsible for all activity occurring under your Alpha NextDay Xpress Ship Manager User ID.
Section 12. Controlling Law and Severability. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without reference to its conflicts of law 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 so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action with respect to SHIP MANAGER must be instituted within one year after the claim or cause of action has arisen or be barred in a court of competent jurisdiction in Florida.
Section 13. Complete Agreement. This Agreement constitutes the entire agreement between Customer and Alpha NextDay Xpress with respect to SHIP MANAGER, and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral, regarding SHIP MANAGER. No amendment to or modification of this Agreement will be binding on Alpha NextDay Xpress without Alpha NextDay Xpress's written consent. The provisions of Sections 2, 5, 6, 7, 12, and 13 will survive the termination of this Agreement. Alpha NextDay Xpress may modify this Agreement at any time for any reason.
I ("Customer") acknowledge my agreement to the Alpha NextDay Xpress SHIP MANAGER Agreement as set out above on behalf of myself and the entity, if any, with whom I am employed or represent.