Terms and Conditions
Agreement between user and www.xportforwarding.com
Welcome to www.xportforwarding.com. The www.xportforwarding.com website (the “Site”) is comprised of various web pages operated by Xport Forwarding, LLC and is conditionally offered to you contingent on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.xportforwarding.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Xport provides e-commerce freight forwarding solutions to our customers through www.xportforwarding.com as an E-commerce website.
Visiting www.xportforwarding.com or sending emails to Xport Forwarding, LLC constitutes electronic communications. You consent to receive electronic communications and you consent that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site. These terms satisfy any legal requirement that such communications be in writing.
If you use the site www.xportforwarding.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Xport Forwarding, LLC is not responsible for third party access to your account that results in any theft or misappropriation of your account. Xport Forwarding, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Xport Forwarding, LLC does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under the age of eighteen (18), you may use www.xportforwarding.com only with permission of a parent or guardian.
You may cancel your order at anytime as long as there is no activity on the shipment / containers. If containers have been received and shipment needs to be cancelled, there shall be a cancelation fee of $500 per container/shipment.
Abandon shipment / shipments not being picked up at destination
If containers and/orshipments have not been picked up by final receiver within the allowed freetime (5 days after vessel arrival); all extra charges are for shippers (customers) account. Xport Forwarding, LLC may charge all related charges to the Shippers credit card on file. If credit card is declined shipper must pay in full via bank wire or cashiers check within 5 days after notification from Xport Forwarding. All possible attorney fees related to this matter are for the shippers account.
Links to third party sites/Third party services
www.xportforwarding.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Xport Forwarding, LLC and Xport Forwarding, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Xport Forwarding, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Xport Forwarding, LLC of the site or any association with its operators.
Certain services made available via www.xportforwarding.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.xportforwarding.com domain, you hereby acknowledge and consent that Xport Forwarding, LLC may share such information and data with any third party with whom Xport Forwarding, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.xportforwarding.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Xport Forwarding, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and shall not make any changes thereto.
You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Xport Forwarding, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any content. You shall use protected content solely for your personal use, and shall make no other use of the content without the express written permission of Xport Forwarding, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Xport Forwarding, LLC or our licensors except as expressly authorized by these Terms.
3rd Party Freight Broker
Xport Forwarding LLC is a freight broker / 3rd party that leverages the full services of a FMC licensed freight forwarder to provides it services.
Responsibility for Items Shipped
Xport Forwarding LLC is not liable and will not be held liable for any items shipped (i.e. contraband, fire arms, prohigited substances, drugs, etc) by the Shipper.
The Service is controlled, operated and administered by Xport Forwarding, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you shall not use the Xport Forwarding, LLC content accessed through www.xportforwarding.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Xport Forwarding, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Xport Forwarding, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Xport Forwarding, LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions shall take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
The information, software, products and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Xport Forwarding, LLC and/or its suppliers may make improvements and/or changes in the site at any time.
Xport Forwarding, LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of hte information, software, products, servcies and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Xport Forwarding, LC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Xport Forwarding, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Xport Forwarding, LLC as a result of this agreement or use of the Site. Xport Forwarding, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Xport Forwarding, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Xport Forwarding, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Xport Forwarding, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Xport Forwarding, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Xport Forwarding, LLC reserves the right, in its sole discretion, to change the Terms under which www.xportforwarding.com is offered. The most current version of the Terms shall supersede all previous versions. Xport Forwarding, LLC encourages you to periodically review the Terms to stay informed of our updates.
Xport Forwarding, LLC welcomes your questions or comments regarding the Terms:
Xport Forwarding, LLC
620 Newport Beach Center Drive, Suite 1100
Newport Beach, California 92660