Label provision agreement

CLUBLENDER, INC.

TERMS OF USE

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.

Indemnity

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.

Advance notice

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.

Disputes

These Terms of Use shall be governed by and construed solely in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. You and Clublender agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site, and any products or services rented or purchased via the Site, under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Los Angeles County in the State of California. You covenant not to sue or attempt to sue Clublender in any other forum or jurisdiction. You also acknowledge and understand that, with respect to any dispute with any of the Released Parties arising out of or relating to your use of the Site, products or services rented or purchased via the Site, or these Terms of Use: (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND (3) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Clublender in connection with your use of the Site.

Contact Us

If you have any questions about these Terms of Use, please contact us at info@clublender.com.