Label provision agreement
Use of Clublender’s Label Provision Service
If you use Clublender’s label provision service, sometimes referred to as “Labels by Clublender,” you agree that Clublender takes no responsibility for the damage, loss, or late arrival of your or anyone else’s equipment having been sent using one of the labels with which Clublender provided you.
If Clublender sends you a container, including a bag, box, or otherwise, within which to ship your or anyone else’s equipment, you agree that the use of that container does not change the appropriation of responsibility outlined above, i.e., Clublender is still not responsible for the damage, loss, or late arrival of your or anyone else’s equipment having been sent using one of the labels with which Clublender provided you, even if the equipment has been shipped in a container that Clublender has provided.
You agree that Clublender is not responsible for the honoring of a declaration of value by any shipping carrier. Certain shipping carriers have specific guidelines regarding under what circumstances, and to what extent, those carriers will cover the declared value of a customer’s equipment. Clublender may attempt to clarify the carrier’s guidelines to the customer, but you agree that you are ultimately responsible for understanding the guidelines of the carrier of whose label(s) you are availing yourself.
These guidelines may include, but are not limited to, certain requirements regarding which of the carrier’s physical locations equipment must be taken to in order for a declared value to be honored. UPS, for example, may require that in order for declared value above a certain amount to be honored, i.e., for the customer to be reimbursed by UPS in the case of damage or loss by UPS during shipment, the customer must leave the equipment at a UPS Customer Center or directly with a UPS driver, as opposed to at a UPS Store.
UPS may also require that the customer print a Shipment Receipt and obtain a signature from the relevant UPS representative.
Limitation Of Liability
IN NO EVENT SHALL CLUBLENDER, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold Clublender and its related companies and each of their respective directors, officers, employees and agents (the “Released Parties”) harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site, any Clublender product or service, or your violation of any law or the rights of any person.
If a customer places an order for a label more than three weeks prior to their intended shipment initiation timing, Clublender may default to providing the label itself to the customer no sooner than one week in advance of that timing. On request, Clublender may be able to furnish the label to the customer sooner, but the customer may face an associated early provision fee.
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