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TERMS AND CONDITIONS
This Agreement constitutes the entire agreement between Long Jump Express ("longjumpexpress.com.au") and you ("You" or "Customer"). longjumpexpress.com.au Service ("longjumpexpress.com.au Service") is defined as any and all services provided by longjumpexpress.com.au to you. By using the longjumpexpress.com.au web site and longjumpexpress.com.au Service, you confirm your acceptance of, and agree to be bound by, this Agreement. longjumpexpress.com.au reserves the right to change these terms and conditions at any time in its sole discretion. Your use of the web site after such changes are posted to the web site constitutes your acceptance of the changes. Please consult these terms and conditions regularly. 1. Information provided by you in your registration process shall be kept confidential and shall not knowingly be disclosed without your prior consent, except for law enforcement or postal operation purposes, in which case longjumpexpress.com.au intends to cooperate fully. Law enforcement is further clarified to include all city, county, state or federal agencies or their representatives. You represent and warrant that all information you provide to longjumpexpress.com.au in your registration process is true, accurate, and not misleading. You assume sole responsibility for ensuring that any material that you post or otherwise transmit to this site including via email and in all areas or that is posted or otherwise transmitted via Your User ID and password (“your Content”) does not post any false, or inaccurate information; does not violate any laws or the rights of any person; does not share your User ID and password with third parties or using your User ID and password for an unauthorized purpose; and is not defamatory, obscene, pornographic, threatening, abusive, or hateful. 2. The provision and collection of data are subject to the terms of this Agreement and longjumpexpress.com.au’s Privacy Policy, the latter of which you shall find at the longjumpexpress.com.au web site. Except as otherwise provided by the Privacy Policy, you grant to longjumpexpress.com.au a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid transferable right and license to use any of your Content and exercise all rights, including but not limited to copyright rights, in such information in any media now known or that may be later developed. If you proceed to click on the “Submit” or “Save” buttons displayed on the registration screens, you shall be considered to have read, understood and accepted both the Agreement and the Privacy Policy and have consented to longjumpexpress.com.au’s collection of and use of your information in the manner provided for this Agreement and the Privacy Policy. longjumpexpress.com.au does not assume any responsibility for your Content, and is not responsible for any loss or damage related to your Content. longjumpexpress.com.au may, at any time and in its sole discretion, screen, monitor, investigate, intercept, block, exclude, remove, request the removal of, or otherwise exercise control over your Content or anyone else’s content that longjumpexpress.com.au determines violates any applicable law or any right of longjumpexpress.com.au or any third party, or otherwise may expose longjumpexpress.com.au to civil or criminal liability or public ridicule, provided however that such right shall not obligate longjumpexpress.com.au to so exercise control over your Content or any third party’s content. longjumpexpress.com.au reserves the right to give assistance to any relevant person or entity regarding any such violation. 3. longjumpexpress.com.au shall update and maintain longjumpexpress.com.au Service provided herein. If you already have your own U.S. address and want to use our Service, such as in the case of a US citizen living in Australia, you must complete USPS Form 1583 (http://www.usps.com/forms/_pdf/ps1583.pdf) and have it notarized, and mail it to longjumpexpress.com.au along with two types of ID such as a passport or a driver's license. Once we receive the USPS Form 1583, we shall notify you and you will then use your own U.S. address when ordering and purchasing. You shall use only the address designation "PMB" or "#" to designate your address. No other designation is valid. Specifically excluded is the use of suite, dept., or apt. The U.S. Postal Service may refuse to deliver any piece of mail that does not include the PMB or # sign designation. If you do not send us USPS Form 1583, we shall allow you to use our longjumpexpress.com.au address as a forwarding address for you to purchase merchandise in the U.S. longjumpexpress.com.au shall receive your packages through UPS, FedEx, DHL(“Express Carriers”) and/or USPS . longjumpexpress.com.au shall open and re-package them if it is necessary, and ship them to you. In case longjumpexpress.com.au has not received proper documents such as a copy of your ID and/or USPS Form 1583 via mail, longjumpexpress.com.au may hold your mails and/or packages until longjumpexpress.com.au receives the proper documents. longjumpexpress.com.au may terminate the account if longjumpexpress.com.au does not receive required documents within 60 days from a date that a customer signs up with longjumpexpress.com.au. 4. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You shall not use longjumpexpress.com.au service for any unlawful, illegitimate or fraudulent purpose. You shall not use longjumpexpress.com.au service for sex businesses, Internet gambling, on-line adult content, roving merchants (door-to-door sales), drug paraphernalia, and similar businesses. You agree and acknowledge that you shall not solicit shipment of dangerous goods, explosives, illegal drugs or any type of merchandise prohibited or regulated by the US and/or Australian Federal and State laws. Customer shall not use the service in violation of any federal or State laws and or any import and export regulations. You shall be responsible for any and all damages, costs (including without limitation, reasonable attorney’s fees and expenses), fines or penalties from your failure to comply with these requirements. longjumpexpress.com.au reserves the right to immediately terminate longjumpexpress.com.au service upon suspicion of fraud or illegal activities. 5. As your authorized entity, longjumpexpress.com.au shall sign on behalf of you when longjumpexpress.com.au receives and ships your packages through Express Carriers or USPS. All international shipping charges are specified on the longjumpexpress.com.au web site. We shall notify you when your final combined package is ready for dispatch. As your package must be shipped within 60 days from the delivery, in order to avoid additional storage fees, you need to provide us with relevant shipping instructions and make a payment for longjumpexpress.com.au Service in advance. In the event that you refuse to accept your package in your country, longjumpexpress.com.au may return the package to the sender and you shall be responsible for any shipping, handling charges, customs and duties associated with such return. 6. Applicable shipping and handling charges, packaging material charges, annual membership fees and other charges may be applied to your longjumpexpress.com.au service. You may find any rates and charges on the longjumpexpress.com.au Service’s World Wide Web site. longjumpexpress.com.au reserves the right to change prices or features at any time. All changes shall be posted by longjumpexpress.com.au at longjumpexpress.com.au Service's World Wide Web site. All charges including set-up fees and memberships are non-refundable. All payment for longjumpexpress.com.au Service must be paid in advance and be made by your credit card or on-line payment method such as PayPal or bank wire transfer. Your on-line registration and our activation of your account will represent your acceptance of the authorization to charge your credit card for all your future charges. Your credit card will be charged automatically for your membership renewal and all your shipping and handling charges. In addition, if payment is not received by longjumpexpress.com.au from the card issuer or its agents, you agree to pay all amounts due upon demand by longjumpexpress.com.au. Each time you use longjumpexpress.com.au Service, or allow or cause longjumpexpress.com.au Service to be used, you agree and reaffirm that longjumpexpress.com.au is entitled to receive your payment in advance. longjumpexpress.com.au reserves the right to suspend or terminate your longjumpexpress.com.au Service without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to longjumpexpress.com.au when longjumpexpress.com.au believes you are liable for the charge. Charges more than 15 days overdue shall subject customer's service to interruption. Such interruption does not relieve Customer from the obligation to pay the charge. Late charges of 1% per month, or the highest amount permitted by law, shall accrue daily on the amounts more than 15 days overdue. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account. 7.
You shall be responsible for any charges related to the shipment of your
packages to you including customs, taxes, nationalization fees, and surcharges
for remote locations, which may be billed at or after delivery. If the
dimensional weight exceeds the actual weight of your shipments, you shall
be charged based upon the dimensional weight. You must provide us with
accurate shipping address and telephone number. In an event that you need
to change your shipping address, you need to notify us in advance to update
your shipping address under your account. 9. The initial term of this Agreement shall be one (1) year from the date you enter into this Agreement and shall automatically renew for successive additional 3 month terms until terminated as set forth herein or until written notice of non renewal by either party is delivered to the other party at least 7 days of prior to the end of the current term. longjumpexpress.com.au may terminate this Agreement immediately upon default of Customer's payment or other obligations under this Agreement. Either party may terminate this Agreement at any time by simply providing the other party 7 days written notice. If your package is stored at longjumpexpress.com.au more than 180 days from the delivery and longjumpexpress.com.au do not receive any reply from you, this Agreement shall be terminated immediately without any notice. After the termination, longjumpexpress.com.au shall have the option to return all packages to the senders at your expenses or to ship all packages to you at your expenses. If longjumpexpress.com.au do not receive the above shipping and handling charges within 30 days from the termination date, you agree that all packages shall be discarded or destroy at the sole discretion of longjumpexpress.com.au. Fifteen (15) days after the termination of this Agreement, longjumpexpress.com.au shall refuse any package addressed to you and delivered to longjumpexpress.com.au. 10. longjumpexpress.com.au shall not be responsible for any damages customer suffers for any reason, including, but not limited to damage to or loss of any package occurring during shipment to you, or resulting from non-deliveries, wrong deliveries, and any and all service interruptions whether caused by the negligence or other acts or omissions of longjumpexpress.com.au and its employees, or of Customer or of Express Carriers, or any other party. longjumpexpress.com.au MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. Customers agrees to indemnify and to hold harmless longjumpexpress.com.au from any and all claims resulting from customer's use of longjumpexpress.com.au Service which causes damages to Customer or any other party. Customer herein agrees that the total liability of longjumpexpress.com.au for any and all claims is limited to an amount not exceeding $100 regardless of the nature of the claim. You hereby release longjumpexpress.com.au from any and all obligations, liabilities and claims in excess of this limitation. In no event shall any lawsuit or cause of action be brought by Customer more than six (6) months after the act or omission of longjumpexpress.com.au which allegedly gave rise thereto. The foregoing exclusions and limitations of liability shall apply whether or not any remedy or repair by longjumpexpress.com.au fails of its essential purpose. Customer further agrees and acknowledges that longjumpexpress.com.au would not have entered into this Agreement or provided the longjumpexpress.com.au Service to Customer but for the foregoing exclusion and limitations of liability, and that they are a risk allocation which constitutes the basis of the bargain between the parties. 11. longjumpexpress.com.au grants Customer a non-exclusive, non-transferable license to use longjumpexpress.com.au Service provided hereunder. Title and property rights, including all intellectual property rights to longjumpexpress.com.au Service, are and shall remain with longjumpexpress.com.au. Customer recognizes that longjumpexpress.com.au Service used herein constitute valuable trade secrets of longjumpexpress.com.au. Customer shall use its best efforts to protect and keep confidential any and all longjumpexpress.com.au Services used by it and shall not attempt to copy, examine, in any way alter, or re-engineer, tamper with, or otherwise misuse longjumpexpress.com.au Service. You understand and agree that following the termination of your longjumpexpress.com.au Service Account for any reason, such user name may be re-assigned to another customer and you agree that longjumpexpress.com.au shall not be liable for damages arising out of any such re-assignment, and you hereby waive any claim with respect to any such re-assignment, whether based on contract, tort or other grounds, even if longjumpexpress.com.au has been advised of the possibility of damages. 12. longjumpexpress.com.au and Customer agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be settled by binding arbitration to be held in California, in accordance with the rules then in effect of the American Arbitration Association (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. 13. This Agreement supersedes any and all oral and written statements and representations by any party and contains the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and the transactions contemplated hereby. longjumpexpress.com.au may change this Agreement from time to time. Customer will be notified of any such changes via e-mail or on the web site. If any of the provisions of this Agreement are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, they shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement. This Agreement shall be governed by and construed, interpreted and enforced under the laws of the State of California. |
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