THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF movemaxdelivery.com, INCLUDING YOUR USE OF THE SERVICES AND CONTENT.  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.

MoveMax Delivery & LOGISTICS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF movemaxdelivery.com WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT movemaxdelivery.com GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION, AND APPLICATIONS AVAILABLE THROUGH movemaxdelivery.com.

Section 1. Definitions
 

Content: information, graphics, products, features, functionality, services, and links on movemaxdelivery.com.

MoveMax Delivery & Logistics: MoveMax Shipment & Logistics Corporate Services, Inc., its parent and its parent's affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded MoveMax Delivery & Logistics under this agreement, but MoveMax Delivery & Logistics Corporate Services, Inc. is the sole obligor under these Terms of Use.

Services:  any services accessible at movemaxdelivery.com or via mobile app, including, but not limited to, MoveMax Delivery & Logistics Ship Manager^® (“Ship Manager”), MoveMax Delivery & Logistics Delivery Manager^®, MoveMax Delivery & Logistics^® Global Trade Manager (“GTM”), MoveMax Delivery & Logistics InSight (“InSight”), MoveMax Delivery & Logistics Advanced Tracking, MoveMax Delivery & Logistics Mobile and MoveMax Delivery & Logistics^® Billing Online, MoveMax Delivery & Logistics Tracking Signature Proof of Delivery and MoveMax Delivery & Logistics Tracking Updates and MoveMax Delivery & Logistics Reporting.

You: Yourself and the entity that you represent.

Section 2. Use of movemaxdelivery.com

movemaxdelivery.com is provided solely for the use of current and potential MoveMax Delivery & Logistics customers to interact with MoveMax Delivery & Logistics and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving MoveMax Delivery & Logistics 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 MoveMax Delivery & Logistics customers for their shipments. Use of movemaxdelivery.com to provide information to or prepare shipments by or for the benefit of third-party shippers is expressly prohibited.

The use of non-authorized scripting technologies to obtain information from movemaxdelivery.com or submit information through movemaxdelivery.com is strictly prohibited.

MoveMax Delivery & Logistics does not accept ideas, concepts, or techniques for new services or products through movemaxdelivery.com. If such information is received, it will not be considered confidential and MoveMax Shipment & Logistics will be deemed free to use, communicate and exploit such information in any manner it chooses.

Section 3. movemaxdelivery.com Tracking Registration

You may choose to register on movemaxdelivery.com to access interactive features on movemaxdelivery.com. Your movemaxdelivery.com Tracking provides you with access to the Services if you have been authorized to access such Services. The availability of these Services varies by country. In the future, MoveMax Delivery & Logistics may add other features that may be accessed through movemaxdelivery.com Tracking. In such an event, previously registered users will not be required to re-register.

Certain Services may require additional enrollments or agreements and may be subject to additional terms and conditions.

By registering on movemaxdelivery.com, You agree to provide accurate and current information about Yourself as prompted by the movemaxdelivery.com Tracking Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.

Some Services are being made available to customers based in some countries and not others. You agree to register only for movemaxdelivery.com Services offered on the movemaxdelivery.com website for the country in which your MoveMax Delivery & Logistics account is based. For example, if your MoveMax Delivery & Logistics account is based in Canada, you will register for Services offered on movemaxdelivery.com/ca and not for Services offered on movemaxdelivery.com/us.

When you register using movemaxdelivery.com Tracking Registration, you will select a Consignment Number or Tracking ID and passcode (if applicable). You are responsible for maintaining the confidentiality of the passcode (if applicable) and Consignment Number or Tracking ID, and you are responsible for all activities that occur under Your passcode (if applicable) and Consignment Number or Tracking ID. You agree to (a) immediately notify MoveMax Shipment & Logistics of any unauthorized use of Your Consignment Number or Tracking ID and passcode (if applicable), and (b) ensure that You exit from Your movemaxdelivery.com session at the end of each visit.

You acknowledge and agree that it may be necessary from time to time for MoveMax Delivery & Logistics to confirm the validity of the credit card information you provided to open your MoveMax Shipment & Logistics account. When this occurs, MoveMax Delivery & Logistics may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.

Section 4. Changes to movemaxdelivery.com

movemaxdelivery.com and its Content, may be changed, deleted, or updated at any time without notice.

Section 5. Termination of Use

MoveMax Delivery & Logistics may discontinue, suspend or modify movemaxdelivery.com at any time without notice, and MoveMax Delivery & Logistics may block, terminate or suspend Your and any user's access to movemaxdelivery.com at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. The provisions of Sections 7, 8, 9, 10, 13, 14, and 15 shall survive any termination of this Agreement.

Section 6. Ownership

movemaxdelivery.com and its Content are protected by United States and international copyright, trademark, and other laws. © 1995-2020 MoveMax Delivery & Logistics. All rights reserved. Specifically, MoveMax Delivery & Logistics does not convey to anyone, through allowing access to movemaxdelivery.com, any ownership rights in movemaxdelivery.com or in any Content appearing on or made available through movemaxdelivery.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of movemaxdelivery.com or its Content.

Section 7. Disclaimer of Warranty

 movemaxdelivery.com AND ITS CONTENT AND SERVICES ARE PROVIDED "AS IS". MoveMax Delivery & LOGISTICS 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 movemaxdelivery.com AND ITS CONTENT OR ANY OF MoveMax Delivery & LOGISTICS ’ SERVICES.

MoveMax Delivery & LOGISTICS EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING movemaxdelivery.com AND ITS CONTENT, MoveMax Delivery & LOGISTICS’ SERVICES 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. MoveMax Delivery & LOGISTICS DOES NOT WARRANT THAT movemaxdelivery.com OR ANY OF ITS CONTENT OR ANY MoveMax Delivery & LOGISTICS SERVICES WILL MEET ALL OF YOUR OR YOUR CUSTOMERS’ REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN movemaxdelivery.com OR ANY OF ITS CONTENT OR ANY MoveMax Delivery & LOGISTICS SERVICES WILL BE CORRECTED. FURTHERMORE, MoveMax Delivery & LOGISTICS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR OR YOUR CUSTOMERS’ USE OF movemaxdelivery.com OR ANY OF ITS CONTENT OR ANY MoveMax Delivery & LOGISTICS SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY MoveMax Delivery & LOGISTICS OR AN AUTHORIZED REPRESENTATIVE OF MoveMax SHIPMENT & LOGISTICS SHALL CREATE A WARRANTY.

Section 8. Limitation of Liability

YOUR USE OF movemaxdelivery.com AND ITS CONTENT AND MoveMax Delivery & LOGISTICS SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MoveMax SHIPMENT & LOGISTICS BE LIABLE TO YOU OR TO ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL O,R OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE ACCESS TO OR USE OF INSIGHT INFORMATION OR THE INTERNET, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE; INSIGHT INFORMATION OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN IF MoveMax Delivery & LOGISTICS, OR AN AUTHORIZED REPRESENTATIVE OF MoveMax SHIPMENT & LOGISTICS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

MoveMax Delivery & Logistics, will not be liable for Your acts or omissions, including but not limited to, incorrect completion or updating of any enrollment or profile form, failure to implement adequate internal security measures to safeguard Your Tracking id or passcode (if applicable) code, or Services or Content provided to or accessed by You (or portions thereof) and its confidentiality or for the acts or omissions of the recipient or anyone else with an interest in movemaxdelivery.com or its Content or any of MoveMax Delivery & Logistics’ Services. Also, MoveMax Delivery & Logistics, will not be liable if You violate any of the terms of this Agreement. MoveMax Delivery & Logistics, will not be liable for loss, damages, or delay caused by events MoveMax Delivery & Logistics, cannot control, including but not limited to, acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. You agree to immediately notify MoveMax Delivery & Logistics, of any known or suspected unauthorized use of your consignment number, passcode (if applicable) code or any other confidential information relating to MoveMax Delivery & Logistics or any known or suspected breach of security, including loss, theft, or damage to your shipments.

Section 9. Indemnity

You shall bear the risk of loss or damage resulting from Your use of movemaxdelivery.com or its Content or any of the Services.  You agree to defend, indemnify and hold harmless MoveMax Shipment & Logistics and its respective officers, directors, employees, agents, and representatives from any and all claims, demands, damages (including incidental and consequential damages), liabilities, costs, expenses, suits, and judgments, including the payment of legal fees arising out of or relating to any of the following:

• ·Your breach of any of these terms and conditions,
• Your activities conducted in connection with movemaxdelivery.com, it’s Content or any of the Services
• Your failure to abide by any applicable laws or regulations regarding movemaxdelivery.com, its Content, or any of the Services
• MoveMax Delivery & Logistics’ provision of data and information to You (including, without limitation, any errors in the information or any unavailable or incomplete information)
• Authorized or unauthorized uses of movemaxdelivery.com, its Content, or any of the Services in any manner by You or on Your behalf, directly or indirectly, including, without limitation, claims relating to reroutes or thefts of shipments, claims of breach of privacy, or

Your failure to implement adequate internal security measures to safeguard Your Consignment Number or any other data or information provided by MoveMax Delivery & Logistics (or any portion thereof) and its confidentiality.

Section 10. MoveMax Delivery & Logistics Service Guide

The terms and conditions for using MoveMax Shipment & Logistics’ delivery and related services are contained in the most current version of the MoveMax Delivery & Logistics Service Guide, which is available at movemaxdelivery.com. The most current version of the MoveMax Shipment & Logistics Service Guide will control in the event of any conflict between any MoveMax Delivery & Logistics delivery or related service information on movemaxdelivery.com and the delivery or related service information contained in the most current version of the MoveMax Delivery & Logistics Service Guide.

BA For each shipment you make or request using MoveMax Delivery & Logistics products or delivery services, You agree that the terms, conditions, and limitations outlined in the "Terms and Conditions" of the MoveMax Delivery & Logistics Service Guide applicable to the shipment, are applicable to such shipment, except as otherwise provided for in a written agreement between You and MoveMax Shipment & Logistics.  All shipments and claims are subject to the terms, conditions, and limitations of the contract of carriage, including the "Terms and Conditions" in the MoveMax Delivery & Logistics Service Guide applicable to the shipment, which may be amended from time to time by MoveMax Delivery & Logistics without notice.

Section 11. Links to other websites

There are links on the movemaxdelivery.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 MoveMax Delivery & Logistics. MoveMax Delivery & Logistics 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.

MoveMax Delivery & Logistics 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.

Section 12. Privacy Policy

The MoveMax Shipment & Logistics Privacy Notice governs the use of information acquired from You through movemaxdelivery.com.

Section 13. Export

You assume all responsibility for compliance with all laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations (“EAR”), International Traffic in Arms Regulations, and economic sanctions programs maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and those of any other country from which You may access movemaxdelivery.com regarding access, use, export, re-export and import of any Content appearing on or available through movemaxdelivery.com.

You represent and warrant that (i) you will not export or import any Content or use any Content for transactions involving any country to which export or import is restricted under United States law or any jurisdiction subject to Embargoed Country (which, for these terms, means a country or territory in respect to which the U.S. has issued an embargo from time to time, at present Cuba, Iran, North Korea, Syria, or the Crimea region); (ii) you are not a person identified on U.S. or other applicable government restricted party lists with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals (“SDN”) List or the EAR’s Entity List or Denied Persons List (collectively, “Restricted Parties”), or any person acting on behalf of such party.

Section 14. Controlling Law and Severability

These Terms of Use and Your use of movemaxdelivery.com or its Content or any of the Services is governed by and construed per 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 these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Any cause of action with respect to movemaxdelivery.com or its Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or been barred and must be brought in a court of competent jurisdiction within Shelby County, Tennessee. 

Section 15. Terms of Carriage

(i) Customer agrees that domestic and international carriage by MoveMax Delivery & Logistics of any shipments tendered to MoveMax Delivery & Logistics using SHIP MANAGER shall be per the terms, conditions, and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Ground Manifest (collectively "Shipping Documentation"), any applicable transportation agreement between Customer and MoveMax Delivery & Logistics covering such shipment, and in any applicable MoveMax Delivery & Logistics tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into these Terms of Use by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or these Terms of Use, then the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or these Terms of Use will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the MoveMax Delivery & Logistics subsidiary, affiliate, 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 MoveMax Delivery & Logistics 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 MoveMax Delivery & Logistics from time to time (and which may be amended or modified from time to time at MoveMax Shipment & Logistics' sole discretion) are placed on the Shipping Documentation as may be instructed by MoveMax Delivery & Logistics, for all such international shipments. Customer will defend, indemnify and hold harmless MoveMax Delivery & Logistics, 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 MoveMax Delivery & Logistics' 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 MoveMax Delivery & Logistics using SHIP MANAGER. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of MoveMax Delivery & Logistics’ 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 MoveMax Shipment & Logistics, 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 MoveMax Delivery & Logistics Express, 3610 Hacks Cross Road, Bldg A, Memphis, TN  38125. The address for MoveMax Shipment & Logistics Ground is 1000 MoveMax Delivery & Logistics Drive, Moon Township, PA  15108.

Section 16. Assignment and Non-Waiver

You may not assign Your rights or delegate Your duties under these Terms of Use. Failure or delay by MoveMax Shipment & Logistics to exercise any right, remedy, power or privilege hereunder, shall not constitute a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion. 

Section 17. Announcements and Email Communications

Neither MoveMax Delivery & Logistics nor You shall make any press release or announcement containing the other's name without the prior written approval of the other party and then only after the other party has reviewed and approved the specific text of the press release or announcement. You agree that MoveMax Delivery & Logistics may use the email address(es) that you provide when enrolling on movemaxdelivery.com, as updated, to communicate with you regarding movemaxdelivery.com, its Content and the Services. 

Section 18. Complete Agreement and Modification

These Terms of Use shall constitute the complete agreement of the parties with respect to the subject matter and supersedes any and all prior or contemporaneous discussions, statements, understandings, representations or agreements, written or oral, regarding the subject matter. No amendment to or modification of this Agreement will be binding on MoveMax Delivery & Logistics without MoveMax Delivery & Logistics’ written consent. 

Section 19. MoveMax Delivery & Logistics ShipAlert^®

MoveMax Delivery & Logistics provides You with the opportunity, via SHIP MANAGER, to use MoveMax Delivery & Logistics ShipAlert to send a shipment notification message to the recipient informing him/her of Your shipment. This feature is provided free of charge. MoveMax Delivery & Logistics may modify or terminate the use of MoveMax Shipment & Logistics ShipAlert at any time.

MoveMax Delivery & Logistics does not commit to keeping Your message private or confidential. By using MoveMax Shipment & Logistics ShipAlert You acknowledge that MoveMax Delivery & Logistics is providing the technical functionality only, and that You are solely responsible for the content of Your messages. MoveMax Delivery & Logistics undertakes no duty to monitor any messages sent by You. However, MoveMax Shipment & Logistics, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.

Do not use MoveMax Delivery & Logistics ShipAlert for anything other than to communicate information about Your shipment. You may not use MoveMax Delivery & Logistics 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 MoveMax Delivery & Logistics sees or hears about messages sent via MoveMax Delivery & Logistics ShipAlert that violate these provisions, or that may damage MoveMax Delivery & Logistics, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.

It is not necessary to use MoveMax Shipment & Logistics ShipAlert to ship a package via SHIP MANAGER. MoveMax Shipment & Logistics 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 20. 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, MoveMax Delivery & Logistics will delete Your addresses.

However, MoveMax Delivery & Logistics will not delete Your SHIP MANAGER account. If You have any concerns, please email MoveMax Delivery & Logistics at webmaster@movemaxdelivery.com. The Address Book is a feature provided free of charge by MoveMax Shipment & Logistics. You should maintain a back-up copy of Your addresses as MoveMax Delivery & Logistics will not be responsible for the loss of addresses contained in the Address Book. MoveMax Delivery & Logistics may modify or terminate this feature at any time for any reason.

Section 21. Courtesy Rate Quote

The courtesy rate reflected by the Courtesy Rate Quote on 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 MoveMax Delivery & Logistics Service Guide or the MoveMax Delivery & Logistics Rate Sheets for details on how shipping charges are calculated.

Section 22. MoveMax Delivery & Logistics Tracking Signature Proof of Delivery

In addition to the movemaxdelivery.com Terms of Use, the following terms and conditions govern your access and use of Signature Proof of Delivery. By accessing and using Signature Proof of Delivery, you acknowledge and agree that you are the shipper, the recipient, or third party payor, or are authorized to act on behalf of the shipper, recipient, or third party payor to retrieve the signature image for the shipment you are attempting to track. You warrant and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, that you will not use the signature image for any purpose other than to confirm the delivery of such shipment. You further acknowledge and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, (i) to defend (at MoveMax Delivery & Logistics option), indemnify, and hold harmless MoveMax Delivery & Logistics, its parent and its parent company's subsidiary companies (collectively "MoveMax Delivery & Logistics" for purposes of this paragraph) from and against any and all claims of whatever nature arising from your access and use of Signature Proof of Delivery, and the receipt, use and emailing of any signature retrieved; (ii) that Signature Proof of Delivery is provided "AS IS" and you assume all risk of accessing and using Signature Proof of Delivery; (iii) that MoveMax Delivery & Logistics DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF WHATEVER NATURE, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT TO SIGNATURE PROOF OF DELIVERY; (iv) you will only email Signature Proof of Delivery to the shipper, recipient or third party payor of the shipment you are attempting to retrieve; (v) that under no circumstances shall MoveMax Delivery & Logistics be liable for any money or other damages resulting from the access and use of Signature Proof of Delivery and that MoveMax Delivery & Logistics hereby disclaims liability for any such damage; and, (vi) that your actions and shipments are further governed by, and you will comply with, the terms and conditions in the applicable MoveMax Delivery & Logistics Service Guide or transportation agreement.

Section 23. MoveMax Delivery & Logistics Tracking Updates

In addition to the movemaxdelivery.com Terms of Use, the following additional terms and conditions govern the access and use of this tracking update subscription application to request tracking information updates ("Tracking Updates"). MoveMax Delivery & Logistics authorizes You to request Tracking Updates for a shipment for which You are the shipper, recipient or third-party payor and You agree to only request Tracking Updates for a shipment for which You are the shipper, recipient, or third-party payor subject to these Terms and Conditions. You acknowledge and agree that Tracking Updates are the private property of MoveMax Shipment & Logistics, are provided to You free of charge and that any use of Tracking Updates information is at Your sole risk. Tracking Updates are provided "AS IS" and MoveMax Delivery & Logistics disclaims all Warranties or conditions, Express or Implied.

Section 24. MoveMax Delivery & Logistics Delivery Manager^®

If you are a MoveMax Delivery & Logistics Delivery Manager member, you are subject to the MoveMax Delivery & Logistics Delivery Manager Privacy Notice. In the event of a conflict between the MoveMax Delivery & Logistics Delivery Manager Privacy Notice and MoveMax Delivery & Logistics Privacy Notice, the MoveMax Delivery & Logistics Delivery Manager Privacy Notice governs how we collect and use personal data of MoveMax Delivery & Logistics Delivery Manager members.

In order to facilitate delivery or release of a shipment, MoveMax Delivery & Logistics may, at its sole discretion, offer certain delivery options and functionality to residential Recipients through MoveMax Delivery & Logistics Delivery Manager. As a condition for approval to register for and use MoveMax Delivery & Logistics Delivery Manager, Recipient agrees to these terms:

I. Recipient represents and warrants that Recipient: resides at the address provided for enrollment; is authorized to enroll and receive shipments at the address; will only register for himself/herself; will only register nicknames that are associated with Recipient’s name and identity; is 13 years of age or older.

II. For each shipment, Recipient represents and warrants that Recipient is authorized by the Shipper to use or request the MoveMax Delivery & Logistics Delivery Manager options and functionality.

III. Recipient agrees to pay any fees associated with MoveMax Delivery & Logistics Delivery Manager options that are offered by MoveMax Delivery & Logistics for a fee. See Rates in the MoveMax Shipment & Logistics Service Guide for details.

IV. The contract of carriage governed by the MoveMax Delivery & Logistics Express Terms and Conditions or the MoveMax Shipment & Logistics Ground Tariff in the MoveMax Delivery & Logistics Service Guide shall at all times remain with the Shipper, as that term is defined in the MoveMax Delivery & Logistics Service Guide, and nothing in these MoveMax Delivery & Logistics Delivery Manager Terms shall be construed to create a contract of carriage with the Recipient. MoveMax Shipment & Logistics Delivery Manager options and functionality, including those offered for a fee to the Recipient, are governed solely by the terms in this MoveMax Delivery & Logistics Delivery Manager section of the movemaxdelivery.com Terms of Use.

V. In no event shall MoveMax Delivery & Logistics, including, without limitation, agents, contractors, employees and affiliates, be liable for any damages, including but not limited to special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not MoveMax Delivery & Logistics had knowledge that such damages might be incurred, from honoring, or our failure to honor, any request for delivery instructions, preferences, delivery suspension, routing instruction or other delivery request from the Recipient. Notwithstanding, a refund of the MoveMax Delivery & Logistics Delivery Manager fee as outlined below is the exclusive remedy in the event of MoveMax Shipment & Logistics’ failure to honor the Recipient’s request for MoveMax Shipment & Logistics Delivery Manager options.

VI. Money-Back Guarantee. We offer a money-back guarantee for MoveMax Delivery & Logistics Delivery Manager delivery options that are offered for a fee. This guarantee can be suspended, modified or revoked at our sole discretion without prior notice to you. At our option, we will, upon request, refund your MoveMax Delivery & Logistics Delivery Manager charges in the event of a delivery failure as described below. If the money-back guarantee is suspended, there is no remedy or recovery of charges for a delivery option failure. There are no delivery option commitments for shipments on which the money-back guarantee is suspended.

a. MoveMax Delivery & Logistics Date Certain Delivery Money-Back Guarantee. The MoveMax Delivery & Logistics Date Certain Delivery Money-Back Guarantee applies if shipment delivery is not attempted on the valid date requested. To be considered valid, the requested date must be a Business Day within 7 calendar days after the originally scheduled delivery date. If the delivery date requested is invalid, the MoveMax Delivery & Logistics Date Certain Money-Back Guarantee will not apply.

b. MoveMax Delivery & Logistics Evening Delivery Money-Back Guarantee. The MoveMax Delivery & Logistics Evening Delivery Money-Back Guarantee applies if shipment delivery is not attempted between 5 and 8 p.m. by the scheduled delivery date as published on movemaxdelivery.com.

c. MoveMax Delivery & Logistics Appointment Delivery Money-Back Guarantee. The MoveMax Delivery & Logistics Appointment Delivery Money-Back Guarantee applies if shipment delivery is not attempted during the appointment time-frame and on the date requested by the Recipient and agreed to by MoveMax Delivery & Logistics.

d. Deliver To Another Address Money-Back Guarantee. The Deliver To Another Address Money-Back Guarantee applies if shipment delivery is not attempted at the new delivery address by the scheduled delivery date and time as published on movemaxdelivery.com

e. Exceptions and Limitations. MoveMax Shipment & Logistics will not be obligated to refund or credit your charges if:

1. We provide you with proof of timely completion of the delivery option, consisting of the date and time of delivery and, if applicable, the name of the person who signed for the shipment, or service-exception information reflecting that the failure to provide the delivery option resulted from circumstances described under the Liabilities Not Assumed sections of the MoveMax Delivery & Logistics Service Guide.

2. The shipment was scheduled for delivery on the Wednesday immediately prior to Thanksgiving or during the seven calendar days before Christmas Day, and was delivered within 90 minutes of the new requested delivery date, time, or delivery window.

3. The shipment was undeliverable as described in the Undeliverable Shipments sections of the MoveMax Delivery & Logistics Express Terms and Conditions or the MoveMax Delivery & Logistics Ground Tariff in the MoveMax Delivery & Logistics Service Guide.

f. Refund Requests: To qualify for a refund, you must notify us of a delivery option failure and request a refund of your charges in compliance with the conditions listed below. If you do not comply with these conditions, you are not entitled to receive a refund and cannot recover compensation for a delivery option failure in any lawsuit.

1. You may request a refund of charges due to a delivery option failure by submitting your request through the billing adjustment application at movemaxdelivery.com/billingadjustment.

2. Your notification of a delivery option failure must include the MoveMax Delivery & Logistics tracking number; and the last 4 digits of the credit card used to pay for the delivery option.

3. All requests for refund or credit of charges must be received within 90 calendar days from the ship date.

VII. If the Sign For A Package option is selected, Recipient authorizes MoveMax Delivery & Logistics to leave the shipment, and any other eligible shipment available for delivery, at the recipient’s location and releases MoveMax Delivery & Logistics from all liability for any loss or damage that may result from leaving the shipment at Recipient’s request.

VIII. If Recipient provides delivery instructions, preferences, or requests to suspend deliveries for their address, Recipient releases MoveMax Delivery & Logistics from all liability for any loss or damage that may result from MoveMax Delivery & Logistics following the delivery instructions, preferences, or requests to suspend deliveries.

IX. Recipient understands that MoveMax Shipment & Logistics Delivery Manager calendar and tracking visibility will be based on information readily available to MoveMax Delivery & Logistics, that it may be limited, estimated or incomplete and that such information may change or be modified.

X. Recipient agrees not to sue MoveMax Shipment & Logistics as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against MoveMax Delivery & Logistics regarding MoveMax Delivery & Logistics Delivery Manager.

Section 25. MoveMax Delivery & Logistics InSight^®/MoveMax Delivery & Logistics Advanced Tracking

THE FOLLOWING ADDITIONAL TERMS OF USE GOVERN YOUR USE OF MoveMax Delivery & LOGISTICS^® INSIGHT AND MoveMax SHIPMENT & LOGISTICS ADVANCED TRACKING. YOUR VIEWING OR USE OF THIS SITE CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

In order to facilitate tracking and related analytics relating to your shipments, sent and received, MoveMax Shipment & Logistics may, at its sole discretion, offer certain functionality and analytics to approved customers through InSight or MoveMax Shipment & Logistics Advanced Tracking. As a condition for approval to register for and use MoveMax Delivery & Logistics InSight or MoveMax Shipment & Logistics Advanced Tracking you must agree to these terms:

I. Information.

a. You request that MoveMax Delivery & Logistics compile and format information regarding shipments for which You are the shipper, recipient or third party payer ("InSight Information") and, subject to the terms and conditions of this Agreement, MoveMax Shipment & Logistics grants You the non-exclusive, royalty-free right and license to use the InSight Information provided by MoveMax Delivery & Logistics.

b. MoveMax Delivery & Logistics will provide InSight Information by means of Internet, email, MoveMax Delivery & Logistics automation device or other means at its sole discretion. You understand that the InSight Information will be based on information readily available to MoveMax Delivery & Logistics, that it may be limited, estimated or incomplete (resulting, in part, but not completely from shipper's request that MoveMax Delivery & Logistics block certain shipment information from the InSight Information provided to You) and that such information may change or be modified.

II. Use.  You may use the InSight Information for Your own internal business purposes, to facilitate delivery, customs clearance, or communication with a shipment's shipper, recipient, broker, third party payer or carrier, provided such uses are legal and do not violate any Federal, state or local laws. However, you agree not to use or allow any other party to use InSight, MoveMax Delivery & Logistics Advanced Tracking or the InSight Information (or any portion thereof) on your behalf for any other purpose, including without limitation, to audit the accuracy of MoveMax Delivery & Logistics/s performance, to obtain adjustments or refunds of shipping charges under MoveMax Delivery & Logistics Money-Back Guarantees or otherwise, or as an invoice for remittance purposes for shipments tendered to MoveMax Delivery & Logistics. You agree that MoveMax Delivery & Logistics shall have authority to deny any such Money-Back Guarantee claims made or filed based on InSight, MoveMax Delivery & Logistics Advanced Tracking or InSight Information. You also acknowledge that MoveMax Delivery & Logistics holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to InSight and MoveMax Delivery & Logistics Advanced Tracking. You agree not to copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble InSight, MoveMax Delivery & Logistics Advanced Tracking or any InSight Information.

III. Maintenance and Updates.  MoveMax Shipment & Logistics, in its sole discretion, may modify at any time, without notice, the nature and amount of InSight Information provided, the InSight Service, which consists of the features and services of InSight, as amended and updated, or the MoveMax Delivery & Logistics Advanced Tracking Service, which consists of the features and services of MoveMax Delivery & Logistics Advanced Tracking, as amended and updated.

Section 26. MoveMax Delivery & Logistics^® Electronic Trade Documents

THE FOLLOWING ADDITIONAL TERMS OF USE GOVERN YOUR USE OF MoveMax Delivery & LOGISTICS^® ELECTRONIC TRADE DOCUMENTS. YOUR VIEWING OR USE OF THIS SITE CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

MoveMax Delivery & LOGISTICS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS.

1. Acknowledgment of Agreement with MoveMax Shipment & Logistics Software or Web-based Shipping Platform End User License Agreement or Terms of Use and Conditions of Carriage. Prior to accessing MoveMax Delivery & Logistics^® Electronic Trade Documents, You acknowledge that You have accepted the Terms of Use or the End User License Agreement for the applicable MoveMax Delivery & Logistics internet-based shipping application or MoveMax Delivery & Logistics shipping software, including but not limited to MoveMax Delivery & Logistics Ship Manager Software, MoveMax Shipment & Logistics Ship Manager Server, MoveMax Delivery & Logistics Ship Manager at movemaxdelivery.com, and MoveMax Delivery & Logistics Web Services, and agree with said Terms of Use or End User License Agreement. You also agree that all shipments are subject to the Conditions of Carriage as published by MoveMax Delivery & Logistics in the applicable Service Guide or Standard Conditions of Carriage on www.movemaxdelivery.com or elsewhere and set out on the Air Way bill.

2. Agreement to Use Electronic Trade Documents Instead of Printed Documents. By utilizing MoveMax Delivery & Logistics^® Electronic Trade Documents, You authorize MoveMax Shipment & Logistics to ship Your international shipments using electronic documents instead of printed documents, including but not limited to the applicable commercial invoice, pro forma invoice, and export certificate of origin.

3. Agreement to Provide Information, Letterhead and Signature Image. By utilizing MoveMax Delivery & Logistics^® Electronic Trade Documents, You agree to provide MoveMax Delivery & Logistics with all information necessary to ship Your international packages, including but not limited to package level detail information, Your company letterhead and a signature image for You or an authorized representative of Your company.

4. Accuracy of Information. You represent, warrant and covenant that any information provided by You to MoveMax Shipment & Logistics shall be true, accurate and complete.

5. Validity of Letterhead. You represent, warrant and covenant that the letterhead provided by You to MoveMax Shipment & Logistics for use in executing electronic trade documents on Your behalf shall be a valid letterhead and that You possess the necessary right, title and interest in the letterhead to authorize MoveMax Delivery & Logistics to use the letterhead to execute electronic trade documents on Your behalf.

6. Validity of Signature Image. You represent, warrant and covenant that any signature image provided by You to MoveMax Shipment & Logistics for use in executing electronic trade documents on Your behalf shall be of a valid signature by a person authorized by You or Your company to ship with MoveMax Delivery & Logistics and execute shipping-related documents on Your company's behalf, and shall be sufficient to constitute Your signature.

7. Authorization for MoveMax Delivery & Logistics to Use Information. For any electronic trade documents completed by MoveMax Delivery & Logistics on behalf of You or Your company, You authorize MoveMax Delivery & Logistics to use the information provided by You to ship Your international packages, including but not limited to package level detail information, Your company letterhead and Your signature image or a signature image of an authorized representative of Your company.

8. Original Documentation May Be Required for Some Shipments. You acknowledge that applicable customs laws, rules and regulations may require additional documentation for certain commodities, values or quantities and/or require that original hardcopy commercial invoices, licenses, permits, declarations, forms, certificates or other documentation accompany the shipment. You agree that it is Your responsibility to include all required documentation (including, without limitation, original hardcopy documentation) with any shipment You send using MoveMax Shipment & Logistics Electronic Trade Documents.

9. Indemnification. You will, at Your sole cost and expense, defend, indemnify and hold harmless MoveMax Delivery & Logistics, its parent corporation, subsidiaries, affiliated companies and their respective officers, directors, employees, agents, successors, and assigns from all claims, demands, suits, damages, costs, expenses, fines and judgments, including reasonable attorneys' fees (hereinafter collectively "Claims"), arising out of MoveMax Delivery & Logistics’ use of the information provided by You, including but not limited to package level detail information, Your company letterhead and Your signature image or a signature image of an authorized representative of Your company. MoveMax Shipment & Logistics may intervene and assume its defense in any such claims, at its expense and in its sole discretion. You will not settle any action relating to any Claim that involves MoveMax Delivery & Logistics without the prior written consent of MoveMax Delivery & Logistics.

Section 27. MoveMax Delivery & Logistics^® Reporting

THE FOLLOWING ADDITIONAL TERMS OF USE GOVERN YOUR USE OF MoveMax Delivery & LOGISTICS^® REPORTING. YOUR VIEWING OR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

MoveMax Delivery & LOGISTICS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS.

1. Information. MoveMax Delivery & Logistics possesses certain proprietary and confidential Information regarding customers’ shipping activity with MoveMax Delivery & Logistics (hereinafter “Information”).  Subject to these terms of use, MoveMax Shipment & Logistics grants You the non-exclusive royalty-free right and license to use the Information and any related documentation (collectively the “Information”) provided by MoveMax Delivery & Logistics for the purpose of analyzing your shipping activity with MoveMax Delivery & Logistics and MoveMax Shipment & Logistics affiliated companies.

2. Use. You may desire to obtain the Information to review Your activity with MoveMax Delivery & Logistics. You will use the Information solely to analyze trends in Your shipping activity with MoveMax Delivery & Logistics. You will follow any instructions provided by MoveMax Delivery & Logistics from time to time regarding access and use of the Information.

3. Confidentiality. You will hold all Information in strict confidence, will not use it other than in connection with the rights granted under this Agreement and will cause Your employees to be bound by the same obligations of confidentiality to which You are bound under this Agreement. You will not provide access to or communicate the Information in any form to any third party without prior written consent from MoveMax Shipment & Logistics.

4. Termination. MoveMax Delivery & Logistics may cease providing the Information at any time and is not obligated to provide any Information either in whole or in part.

5.  Shipments. All shipments, and any claims in regard to such shipments, must be made in accordance with the terms and conditions of carriage contained in the applicable MoveMax Delivery & Logistics service guide, tariff or other applicable MoveMax Delivery & Logistics terms and conditions of carriage.