THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF Wave Speed Xpress .com, INCLUDING Wave Speed Xpress SHIP MANAGER AT Wave Speed Xpress .com ( -SHIP MANAGER -), Wave Speed Xpress DELIVERY MANAGER, Wave Speed Xpress GLOBAL TRADE MANAGER ( -GTM -), Wave Speed Xpress MOBILE, Wave Speed Xpress TRACKING SIGNATURE PROOF OF DELIVERY, Wave Speed Xpress TRACKING UPDATES AND Wave Speed Xpress 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. Wave Speed Xpress MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF Wave Speed Xpress .com WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT Wave Speed Xpress .com GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH Wave Speed Xpress .com.

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Section 1. Definitions
Content: information, graphics, products, features, functionality, services, and links on Wave Speed Xpress .com, including Wave Speed Xpress Ship Manager® at Wave Speed Xpress .com, Wave Speed Xpress® Global Trade Manager, and Wave Speed Xpress® Billing Online, Wave Speed Xpress Tracking Signature Proof of Delivery and Wave Speed Xpress Tracking Updates. Wave Speed Xpress: Wave Speed Xpress Corporate Services, Incorporated, its parent and its parent s subsidiary companies. You: Yourself and the entity that you represent
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Section 2. Use of Wave Speed Xpress .com Wave Speed Xpress .com is provided solely for the use of current and potential Wave Speed Xpress customers to interact with Wave Speed Xpress and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving Wave Speed Xpress 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 Wave Speed Xpress customers for their own shipments. Use of Wave Speed Xpress .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 Wave Speed Xpress .com or submit information through Wave Speed Xpress .com is strictly prohibited. Wave Speed Xpress does not accept ideas, concepts, or techniques for new services or products through Wave Speed Xpress .com. If such information is received, it will not be considered confidential and Wave Speed Xpress will be deemed free to use, communicate and exploit such information in any manner it chooses.
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Section 3. Wave Speed Xpress .com Login Registration You may choose to register on Wave Speed Xpress .com to access interactive features on Wave Speed Xpress .com. Wave Speed Xpress .com Login provides you with access to Wave Speed Xpress Ship Manager at Wave Speed Xpress .com, Wave Speed Xpress® Tracking, My Wave Speed Xpress, Wave Speed Xpress Global Trade Manager, Wave Speed Xpress Billing Online, Wave Speed Xpress® Mobile and other online services. The availability of these services varies by country. In the future, Wave Speed Xpress may add other features that may be accessed through Wave Speed Xpress .com Login. In such event, previously registered users will not be required to re-register. By registering on Wave Speed Xpress .com, You agree to provide accurate and current information about Yourself as prompted by the Wave Speed Xpress .com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current. Some Wave Speed Xpress .com services are being made available to customers based in some countries and not others. You agree to register only for Wave Speed Xpress .com services offered on the Wave Speed Xpress .com website for the country in which your Wave Speed Xpress account is based. For example, if your Wave Speed Xpress account is based in Canada, you will register for services offered on Wave Speed Xpress .com/ca and not for services offered on Wave Speed Xpress .com/us. When you register using Wave Speed Xpress .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 Wave Speed Xpress of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your Wave Speed Xpress .com session at the end of each visit. You acknowledge and agree that it may be necessary from time to time for Wave Speed Xpress to confirm the validity of the credit card information you provided to open your Wave Speed Xpress account. When this occurs, Wave Speed Xpress 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.
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Section 4. Changes to Wave Speed Xpress .com Wave Speed Xpress .com and its Content, may be changed, deleted or updated at any time without notice.
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Section 5. Termination of Use Wave Speed Xpress may discontinue, suspend or modify Wave Speed Xpress .com at any time without notice, and Wave Speed Xpress may block, terminate or suspend Your and any user s access to Wave Speed Xpress .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 Wave Speed Xpress .com and its Content are protected by United States and international copyright, trademark and other laws. © 1995-2008 Wave Speed Xpress. All rights reserved. Specifically, Wave Speed Xpress does not convey to anyone, through allowing access to Wave Speed Xpress .com, any ownership rights in Wave Speed Xpress .com or in any Content appearing on or made available through Wave Speed Xpress .com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of Wave Speed Xpress .com or its Content.
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Section 7. Disclaimer of Warranty Wave Speed Xpress .com AND ITS CONTENT ARE PROVIDED -AS IS -. Wave Speed Xpress 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 Wave Speed Xpress .com AND ITS CONTENT. Wave Speed Xpress EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING Wave Speed Xpress .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. Wave Speed 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, Wave Speed Xpress 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 Wave Speed Xpress OR AN AUTHORIZED REPRESENTATIVE OF Wave Speed Xpress SHALL CREATE A WARRANTY.
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Section 8. Limitation of Liability USE OF Wave Speed Xpress .com AND ITS CONTENT IS AT YOUR SOLE RISK. Wave Speed Xpress 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 Wave Speed Xpress .com AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED Wave Speed Xpress OF THE POSSIBILITY OF SUCH DAMAGES.
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Section 9. Indemnity You agree to defend, indemnify and hold harmless Wave Speed Xpress, 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. Wave Speed Xpress Service Guide The terms and conditions for using Wave Speed Xpress delivery and related services are contained in the most current version of the Wave Speed Xpress Service Guide, which is available by request. The most current version of the Wave Speed Xpress Service Guide will control in the event of any conflict between any Wave Speed Xpress delivery or related service information on Wave Speed Xpress .com and the delivery or related service information contained in the most current version of the Wave Speed Xpress Service Guide.
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Section 11. Links to other web sites There are links on the Wave Speed Xpress .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 Wave Speed Xpress. Wave Speed Xpress 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. Wave Speed Xpress 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 Wave Speed Xpress Privacy Policy governs the use of information acquired from You through Wave Speed Xpress .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 Wave Speed Xpress .com regarding access, use, export, re-export and import of any Content appearing on or available through Wave Speed Xpress .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 Wave Speed Xpress .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 Wave Speed Xpress .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 Wave Speed Xpress.
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Section 15. Terms of Carriage (i) Customer agrees that domestic and international carriage by Wave Speed Xpress of any shipments tendered to Wave Speed 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 Wave Speed 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 Wave Speed Xpress 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 Wave Speed 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 Wave Speed Xpress from time to time (and which may be amended or modified from time to time at Wave Speed Xpress s sole discretion) are placed on the Shipping Documentation as may be instructed by Wave Speed Xpress, for all such international shipments. Customer will defend, indemnify and hold harmless Wave Speed 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 Wave Speed Xpress 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 Wave Speed 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 Wave Speed 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 Wave Speed Xpress, 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 Wave Speed Xpress Express, P.O. Box 727, Memphis, TN 38194. The address for Wave Speed Xpress Ground is P.O. Box 108, Coraopolis, PA 15230.
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Section 16. Wave Speed Xpress ShipAlert® Wave Speed Xpress provides You with the opportunity, via SHIP MANAGER, to use Wave Speed Xpress ShipAlert to send a message to the recipient informing him/her of Your shipment. This feature is provided free of charge. Wave Speed Xpress may modify or terminate the use of Wave Speed Xpress ShipAlert at any time. Wave Speed Xpress does not commit to keeping Your message private or confidential. By using Wave Speed Xpress ShipAlert You acknowledge that Wave Speed Xpress is providing the technical functionality only, and that You are solely responsible for the content of Your messages. Wave Speed Xpress undertakes no duty to monitor any messages sent by You. However, Wave Speed Xpress, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself. Do not use Wave Speed Xpress ShipAlert for anything other than to communicate information about Your shipment. You may not use Wave Speed 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 Wave Speed Xpress sees or hears about messages sent via Wave Speed Xpress ShipAlert that violate these provisions, or that may damage Wave Speed Xpress, it may take all actions necessary to protect itself, including disclosing any messages to the authorities. It is not necessary to use Wave Speed Xpress ShipAlert to ship a package via SHIP MANAGER. Wave Speed 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.
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Section 17. 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, Wave Speed Xpress will delete Your addresses. However, Wave Speed Xpress will not delete Your SHIP MANAGER account. If You have any concerns, please email Wave Speed Xpress at webmaster@Wave Speed Xpress .com. The Address Book is a feature provided free of charge by Wave Speed Xpress. You should maintain a back-up copy of Your addresses as Wave Speed Xpress will not be responsible for the loss of addresses contained in the Address Book. Wave Speed Xpress may modify or terminate this feature at any time for any reason.
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Section 18. Courtesy Rate Quote The courtesy rate reflected by the Courtesy Rate Quote on Wave Speed Xpress 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 Wave Speed Xpress Service Guide or the Wave Speed Xpress Rate Sheets for details on how shipping charges are calculated.
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Section 19. 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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Section 20. Wave Speed Xpress Tracking Signature Proof of Delivery In addition to the Wave Speed Xpress .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 Wave Speed Xpress option), indemnify, and hold harmless Wave Speed Xpress, its parent and its parent company s subsidiary companies (collectively -Wave Speed Xpress - 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 Wave Speed Xpress 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 Wave Speed Xpress be liable for any money or other damages resulting from the access and use of Signature Proof of Delivery and that Wave Speed Xpress 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 Wave Speed Xpress Service Guide or transportation agreement.
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Section 21. Wave Speed Xpress Tracking Updates In addition to the Wave Speed Xpress .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 -). Wave Speed Xpress 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 Wave Speed Xpress, 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 Wave Speed Xpress disclaims all Warranties or conditions, Express or Implied.
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Section 22. Wave Speed Xpress Delivery Manager® In order to facilitate delivery or release of a shipment, Wave Speed Xpress may, at its sole discretion, offer certain delivery options and functionality to residential Recipients through Wave Speed Xpress Delivery Manager. As a condition for approval to register for and use Wave Speed Xpress 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 Wave Speed Xpress Delivery Manager options and functionality. III. Recipient agrees to pay any fees associated with Wave Speed Xpress Delivery Manager options that are offered by Wave Speed Xpress for a fee. See Rates in the Wave Speed Xpress Service Guide for details. IV. The contract of carriage governed by the Wave Speed Xpress Express Terms and Conditions or the Wave Speed Xpress Ground Tariff in the Wave Speed Xpress Service Guide shall at all times remain with the Shipper, as that term is defined in the Wave Speed Xpress Service Guide, and nothing in these Wave Speed Xpress Delivery Manager Terms shall be construed to create a contract of carriage with the Recipient. Wave Speed Xpress Delivery Manager options and functionality, including those offered for a fee to the Recipient, are governed solely by the terms in this Wave Speed Xpress Delivery Manager section of the Wave Speed Xpress .com Terms of Use. V. In no event shall Wave Speed Xpress, 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 Wave Speed Xpress 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 Wave Speed Xpress Delivery Manager fee as outlined below is the exclusive remedy in the event of Wave Speed Xpress s failure to honor the Recipient s request for Wave Speed Xpress Delivery Manager options. VI. Money-Back Guarantee. We offer a money-back guarantee for Wave Speed Xpress 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 Wave Speed Xpress 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. Wave Speed Xpress Date Certain Delivery Money-Back Guarantee. The Wave Speed Xpress 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 Wave Speed Xpress Date Certain Money-Back Guarantee will not apply. b. Wave Speed Xpress Evening Delivery Money-Back Guarantee. The Wave Speed Xpress 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 Wave Speed Xpress .com. c. Wave Speed Xpress Appointment Delivery Money-Back Guarantee. The Wave Speed Xpress 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 Wave Speed Xpress. 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 Wave Speed Xpress .com e. Exceptions and Limitations. Wave Speed Xpress 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 Wave Speed Xpress 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 Wave Speed Xpress Express Terms and Conditions or the Wave Speed Xpress Ground Tariff in the Wave Speed Xpress 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 Wave Speed Xpress .com/billingadjustment. 2. Your notification of a delivery option failure must include the Wave Speed Xpress 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 Wave Speed Xpress to leave the shipment, and any other eligible shipment available for delivery, at the recipient s location and releases Wave Speed Xpress 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 Wave Speed Xpress from all liability for any loss or damage that may result from Wave Speed Xpress following the delivery instructions, preferences, or requests to suspend deliveries. IX. Recipient understands that Wave Speed Xpress Delivery Manager calendar and tracking visibility will be based on information readily available to Wave Speed Xpress, that it may be limited, estimated or incomplete and that such information may change or be modified. X. Recipient agrees not to sue Wave Speed Xpress 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 Wave Speed Xpress regarding Wave Speed Xpress Delivery Manager.
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Section 23. Wave Speed Xpress® Electronic Trade Documents THE FOLLOWING TERMS OF USE GOVERN YOUR USE OF Wave Speed Xpress® 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. Wave Speed Xpress 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 Wave Speed Xpress Software or Web-based Shipping Platform End User License Agreement or Terms of Use and Conditions of Carriage. Prior to accessing Wave Speed Xpress® Electronic Trade Documents, You acknowledge that You have accepted the Terms of Use or the End User License Agreement for the applicable Wave Speed Xpress internet-based shipping application or Wave Speed Xpress shipping software, including but not limited to Wave Speed Xpress Ship Manager Software, Wave Speed Xpress Ship Manager Server, Wave Speed Xpress Ship Manager at Wave Speed Xpress .com, and Wave Speed Xpress 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 Wave Speed Xpress in the applicable Service Guide or Standard Conditions of Carriage on www.Wave Speed Xpress .com or elsewhere and set out on the Air Way bill. 2. Agreement to Use Electronic Trade Documents Instead of Printed Documents. By utilizing Wave Speed Xpress® Electronic Trade Documents, You authorize Wave Speed Xpress 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 Wave Speed Xpress® Electronic Trade Documents, You agree to provide Wave Speed Xpress 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 Wave Speed Xpress shall be true, accurate and complete. 5. Validity of Letterhead. You represent, warrant and covenant that the letterhead provided by You to Wave Speed Xpress 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 Wave Speed Xpress 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 Wave Speed Xpress 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 Wave Speed Xpress and execute shipping-related documents on Your company s behalf, and shall be sufficient to constitute Your signature. 7. Authorization for Wave Speed Xpress to Use Information. For any electronic trade documents completed by Wave Speed Xpress on behalf of You or Your company, You authorize Wave Speed Xpress 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 Wave Speed Xpress Electronic Trade Documents. 9. Indemnification. You will, at Your sole cost and expense, defend, indemnify and hold harmless Wave Speed Xpress, 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 Wave Speed Xpress s 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. Wave Speed Xpress 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 Wave Speed Xpress without the prior written consent of Wave Speed Xpress.