Terms And Conditions
The Following Terms And Conditions Govern Your
Use Of Cnnlogistics.com, Including CNN Logistics Ship Manager At Cnnlogistics.com
("Ship Manager"), CNN Logistics Delivery Manager, CNN Logistics
Global Trade Manager ("GTM"), CNN Logistics Mobile, CNN Logistics
Tracking Signature Proof Of Delivery, CNN Logistics Tracking Updates And CNN
Logistics 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.
CNN Logistics May Make Future Changes Or
Modifications To Such Terms And Conditions At Any Time Without Notice, And Your
Subsequent Viewing Or Use Of Cnnlogistics.com Will Constitute Your Agreement To
The Changes And Modifications. There May Be Additional Terms And Conditions
Provided Throughout Cnnlogistics.com Governing Your Use Of Particular
Functions, Features, Information And Applications Available Through Cnnlogistics.com.
Content: information, graphics, products,
features, functionality, services, and links on cnnlogistics.com, including CNN
Logistics Ship Manager at cnnlogistics.com, CNN Logistics® Global Trade Manager, and CNN Logistics® Billing Online, CNN Logistics Tracking Signature Proof of
Delivery and CNN Logistics Tracking Updates.
CNN Logistics: CNN Logistics LLC, its parent
and its parent's subsidiary companies.
You: Yourself and the entity that you
represent
Section 2. Use of cnnlogistics.com
cnnlogistics.com is provided solely for the
use of current and potential CNN Logistics customers to interact with CNN
Logistics and may not be used by any other person or entity, or for any other
purpose. Specifically, all shipping, tracking, rating, receiving CNN 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 CNN Logistics customers for their own
shipments. Use of cnnlogistics.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 cnnlogistics.com or submit information
through cnnlogistics.com is strictly prohibited.
CNN Logistics does not accept ideas, concepts,
or techniques for new services or products through cnnlogistics.com. If such
information is received, it will not be considered confidential and CNN
Logistics will be deemed free to use, communicate and exploit such information
in any manner it chooses.
Section 3. cnnlogistics.com Login Registration
You may choose to register on cnnlogistics.com
to access interactive features on cnnlogistics.com. cnnlogistics.com Login
provides you with access to CNN Logistics Ship Manager at cnnlogistics.com, CNN Logistics® Tracking, My CNN Logistics, CNN Logistics Global Trade Manager, CNN Logistics Billing Online, CNN Logistics® Mobile and other online services. The availability of these
services varies by country. In the future, CNN Logistics may add other features
that may be accessed through cnnlogistics.com Login. In such event, previously
registered users will not be required to re-register.
By registering on cnnlogistics.com, You agree
to provide accurate and current information about Yourself as prompted by the cnnlogistics.com
Login Registration pages and maintain and promptly update Your online profile
information to keep it accurate and current.
Some cnnlogistics.com services are being made
available to customers based in some countries and not others. You agree to
register only for cnnlogistics.com services offered on the cnnlogistics.com
website for the country in which your CNN Logistics account is based. For
example, if your CNN Logistics account is based in Canada, you will register
for services offered on cnnlogistics.com/ca and not for services offered on cnnlogistics.com/us.
When you register using cnnlogistics.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 CNN Logistics of any unauthorized use of Your
user ID and password, and (b) ensure that You exit from Your cnnlogistics.com
session at the end of each visit.
You acknowledge and agree that it may be
necessary from time to time for CNN Logistics to confirm the validity of the
credit card information you provided to open your CNN Logistics account. When
this occurs, CNN 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 cnnlogistics.com
cnnlogistics.com and its Content, may be
changed, deleted or updated at any time without notice.
CNN Logistics may discontinue, suspend or
modify cnnlogistics.com at any time without notice, and CNN Logistics may
block, terminate or suspend Your and any user's access to cnnlogistics.com at
any time for any reason in its sole discretion, even if access continues to be
allowed to others.
cnnlogistics.com and its Content are protected
by United States and international copyright, trademark and other laws. ©
1995-2008 CNN Logistics. All rights reserved. Specifically, CNN Logistics does
not convey to anyone, through allowing access to cnnlogistics.com, any
ownership rights in cnnlogistics.com or in any Content appearing on or made
available through cnnlogistics.com. Customer may not copy, modify, translate,
transmit, distribute, adapt, reproduce, decompile, reverse engineer or
disassemble any part of cnnlogistics.com or its Content.
Section 7. Disclaimer of Warranty
cnnlogistics.com and its content are provided
"as is". CNN 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 ability or inability to
use cnnlogistics.com and its content.
CNN logistics expressly disclaims and excludes
all warranties regarding cnnlogistics.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. cnn logistics 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, CNN logistics 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 CNN logistics or
an authorized representative of CNN logistics shall create a warranty.
Section 8. Limitation of Liability
Use of cnnlogistics.com and its content is at
your sole risk. CNN logistics 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 cnnlogistics.com and its content including without
limitation, damages for lost profits, business, data, or damage to any computer
systems, even if you have advised CNN logistics of the possibility of such
damages.
You agree to defend, indemnify and hold
harmless CNN Logistics, 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.
Section 10. CNN Logistics Service Guide
The terms and conditions for using CNN
Logistics delivery and related services are contained in the most current
version of the CNN Logistics Service Guide, which is available by request. The
most current version of the CNN Logistics Service Guide will control in the
event of any conflict between any CNN Logistics delivery or related service
information on cnnlogistics.com and the delivery or related service information
contained in the most current version of the CNN Logistics Service Guide.
Section 11. Links to other web sites
There are links on the cnnlogistics.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 CNN Logistics. CNN 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.
CNN 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.
The CNN Logistics
Privacy Notice governs
the use of information acquired from You through cnnlogistics.com.
You assume all responsibility for compliance
with all laws and regulations of the United States and any other country from
which You may access cnnlogistics.com regarding access, use, export, re-export
and import of any Content appearing on or available through cnnlogistics.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.
Section 14. Controlling Law and Severability
This Agreement and Your use of cnnlogistics.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 cnnlogistics.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 CNN Logistics.
(i) Customer agrees
that domestic and international carriage by CNN Logistics of any shipments
tendered to CNN Logistics 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 CNN Logistics 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 CNN Logistics 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 CNN 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 CNN Logistics from time to time (and which may be amended
or modified from time to time at CNN Logistics's sole
discretion) are placed on the Shipping Documentation as may be instructed by CNN
Logistics, for all such international shipments. Customer will defend,
indemnify and hold harmless CNN 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 CNN Logistics'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 CNN 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 CNN Logistics'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 CNN 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 CNN Logistics Express, P.O. Box 727, Memphis, TN 38194. The
address for CNN Logistics Ground is P.O. Box 108, Coraopolis, PA 15230.
Section 16. CNN Logistics ShipTrack®
CNN Logistics provides You with the
opportunity, via SHIP MANAGER, to use CNN Logistics ShipTrack
to send a message to the recipient informing him/her of Your shipment. This
feature is provided free of charge. CNN Logistics may modify or terminate the
use of CNN Logistics ShipTrack at any time.
CNN Logistics does not commit to keeping Your
message private or confidential. By using CNN Logistics ShipTrack
You acknowledge that CNN Logistics is providing the technical functionality
only, and that You are solely responsible for the content of Your messages. CNN
Logistics undertakes no duty to monitor any messages sent by You. However, CNN
Logistics, in its sole discretion, may elect, but is not obligated, to look at
Your messages to protect itself.
Do not use CNN Logistics ShipTrack
for anything other than to communicate information about Your shipment. You may
not use CNN Logistics ShipTrack 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 CNN Logistics sees or hears about messages
sent via CNN Logistics ShipTrack that violate these
provisions, or that may damage CNN Logistics, it may take all actions necessary
to protect itself, including disclosing any messages to the authorities.
It is not necessary to use CNN Logistics ShipTrack to ship a package via SHIP MANAGER. CNN 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.
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, CNN Logistics will delete Your
addresses.
However, CNN Logistics will not delete Your
SHIP MANAGER account. If You have any concerns, please email CNN Logistics
at webmaster@cnnlogistics.com. The Address Book is a feature provided free
of charge by CNN Logistics. You should maintain a back-up copy of Your
addresses as CNN Logistics will not be responsible for the loss of addresses
contained in the Address Book. CNN Logistics may modify or terminate this
feature at any time for any reason.
Section 18. Courtesy Rate Quote
The courtesy rate reflected by the Courtesy
Rate Quote on CNN Logistics 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 CNN Logistics Service
Guide or the CNN Logistics Rate Sheets for details on how shipping charges are
calculated.
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.
Section 20. CNN Logistics Tracking Signature Proof of Delivery
In addition to the cnnlogistics.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 CNN
Logistics option), indemnify, and hold harmless CNN Logistics, its parent and
its parent company's subsidiary companies (collectively "CNN 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 CNN 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 CNN Logistics be liable for any money or other damages resulting from the
access and use of Signature Proof of Delivery and that CNN 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 CNN Logistics Service Guide or transportation
agreement.
Section 21. CNN Logistics Tracking Updates
In addition to the cnnlogistics.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"). CNN 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 CNN 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 CNN Logistics disclaims all Warranties or
conditions, Express or Implied.
Section 22. CNN Logistics Delivery Manager®
In order to facilitate delivery or release of
a shipment, CNN Logistics may, at its sole discretion, offer certain delivery
options and functionality to residential Recipients through CNN Logistics
Delivery Manager. As a condition for approval to register for and use CNN
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 CNN
Logistics Delivery Manager options and functionality.
III. Recipient agrees to pay any fees
associated with CNN Logistics Delivery Manager options that are offered by CNN
Logistics for a fee. See Rates in the CNN Logistics Service Guide for details.
IV. The contract of carriage governed by the CNN
Logistics Express Terms and Conditions or the CNN Logistics Ground Tariff in
the CNN Logistics Service Guide shall at all times remain with the Shipper, as
that term is defined in the CNN Logistics Service Guide, and nothing in these CNN
Logistics Delivery Manager Terms shall be construed to create a contract of
carriage with the Recipient. CNN Logistics Delivery Manager options and
functionality, including those offered for a fee to the Recipient, are governed
solely by the terms in this CNN Logistics Delivery Manager section of the cnnlogistics.com
Terms of Use.
V. In no event shall CNN 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 CNN 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 CNN
Logistics Delivery Manager fee as outlined below is the exclusive remedy in the
event of CNN Logistics’s failure to honor the
Recipient’s request for CNN Logistics Delivery Manager options.
VI. Money-Back Guarantee. We offer a
money-back guarantee for CNN 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 CNN 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. CNN Logistics Date Certain Delivery
Money-Back Guarantee. The CNN 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 CNN Logistics Date Certain Money-Back
Guarantee will not apply.
b. CNN Logistics Evening Delivery Money-Back
Guarantee. The CNN 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 cnnlogistics.com.
c. CNN Logistics Appointment Delivery
Money-Back Guarantee. The CNN 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 CNN
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 cnnlogistics.com
e. Exceptions and Limitations. CNN 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 CNN 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 CNN Logistics Express Terms and
Conditions or the CNN Logistics Ground Tariff in the CNN 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 cnnlogistics.com/billingadjustment.
2. Your notification of a delivery option
failure must include the CNN 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 CNN Logistics to leave the shipment, and any
other eligible shipment available for delivery, at the recipient’s location and
releases CNN 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 CNN Logistics from all liability for any loss or damage that may
result from CNN Logistics following the delivery instructions, preferences, or
requests to suspend deliveries.
IX. Recipient understands that CNN Logistics
Delivery Manager calendar and tracking visibility will be based on information
readily available to CNN Logistics, that it may be limited, estimated or
incomplete and that such information may change or be modified.
X. Recipient agrees not to sue CNN 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 CNN
Logistics regarding CNN Logistics Delivery Manager.