Shipping Protection Terms & Conditions
TERMS & CONDITIONS OF SKOPED INDUSTRIES
AND THEIR SHIPPING PROTECTION POLICIES
OUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER. If By accepting or agreeing to these Terms and Conditions of Use you are representing and warrantying that you have authority to do so either on your own behalf or if on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and Conditions of Use. The use of such terms as, “You” and “Your” will refer and apply to you individually or that company or other legal entity you are acting on behalf of.
Terms and Conditions of Use
You understand that Products Services and Content are updated from time to time under the sole discretion of Skoped.
Use of Services and Content
Certain features of the Site and Services may only be accessed after you register for an account. For those services you will be required to register an Account (as defined below) and become a Registered User. For the purposes of this Agreement, a “Registered User” is defined as a User who has gone through the registration process to create an Account. When registering an account for the Services (“Account”), You warrant and agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update as necessary to keep it current. You represent that You have not been barred from using the Services under any applicable law and that You will be responsible for all activities that occur under Your Account. You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the corporate member You represent) to access or use our Services on Your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify us of any unauthorized use of Your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of Your account. You acknowledge and agree that You have no ownership or other property interest in Your Account and that all rights in and to Your Account are owned by and inure to the benefit of Skoped.
Restrictions on Use of the Services
All users are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sublicensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Services or any of the Content for any purpose.
At Skoped’s sole discretion, anyone who violate these terms and conditions as determined by Skoped may be designated as an uninsurable risk. After proper notification of such designation, Skoped will rescind the product from uninsurable individuals/company and/or orders and any collected premium will be refunded. Users may dispute this designation by contacting Skoped Industries and requesting to be reinstated. Skoped Industries alone will make the decision of whether to reinstate a product.
- At all times during the Term and thereafter for a period of twenty-four (24) months, You will not for any reason, whether directly or indirectly, (i) solicit, recruit, or encourage any Skoped customer, employee, or consultant to reduce, alter, or terminate its relationship with Skoped or (ii) divert any potential Skoped customer away from Skoped.
- At all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party. Notwithstanding the foregoing, nothing in this paragraph shall prohibit a Party from providing truthful information pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that prior to providing such information, a Party shall provide prompt notice of such court order or requirement to the other Party to enable such Party to seek a protective order or otherwise prevent or restrict such disclosure.
You will indemnify, defend and hold Us harmless, at Your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Us (and Our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Us to the extent that such action is based upon or arises out of (a) Your participation in the Affiliate program, (b) Our use of the Marks or Materials (as defined below) that You provided to us, or (c) Your noncompliance with or breach of these Terms and Conditions.
A summary of the Skoped Policy can be found at ______________________________.
Skoped is not liable for more than $_________________ for any one conveyance per any one account, except that in the following cases, this insurance shall not cover more than: $___________ any one package or shipment, $____________ any one package or shipment (“Shipping Protection Limit”).
Any shipments that exceed Skoped’s Shipping Protection Limit will not be covered by Skoped Shipping Protection. If for any reason payments are billed/collected for shipments that exceed the Shipping Protection Limit, the excess amount will be returned to the subscriber. Skoped Shipping Protection attaches from the time the covered goods commence transit and/or are located anywhere incidental to transit and continues during the ordinary course of transit until transportation terminates at final destination or the assured’s interest ceases, whichever occurs first.
All fees paid for the Services are non-refundable and non-transferable except as may be expressly provided in these Terms. You may cancel the Services at any time at no charge simply uninstall the Services You no longer want to use, and Skoped will cease providing the Services to You.
Claims for packages marked “delivered” must be filed after 4 days and before 14 days from the date the package was marked “delivered.”
Claims for packages presumed to be lost (where the status is not “delivered”) must be filed after 10 days (21 for international) and within 30 days from the last checkpoint.
Should the claim be approved by Skoped or their underwriters, it will be deemed to be in full settlement and satisfaction of all claims and demands by the customer. In consideration of this payment, the Claimant does hereby release and discharge the Underwriters, Skoped, and each of their respective principals, executives, agents, employees, representatives, successors, assigns, subsidiaries, and affiliated companies, from any and all further claims existing and/or arising in the future relating to the above-referenced merchandise.
The Claimant further guarantees that it is the person or entity entitled to payment and agrees that Skoped and their underwriters are subrogated to all of the claimant’s rights of recovery on account of any and all loss or damage from the carriers and from any other persons or corporations. The Claimant agrees to cooperate with and to assist the Underwriters and Skoped in effecting such recovery, to include providing all documentation or other information which may be needed by Underwriters and/or Skoped; and to execute in the customer’s name any documents which may be necessary to carry into effect the purpose of this agreement. In exchange for this claim payment, the Claimant agrees that any monies collected from any such carrier, vessel, person or corporation, whether received in the first instance by the Claimant or by Skoped, shall be the property of Skoped; and that the acceptance of this claim payment shall not prejudice or take away any rights or remedies which Underwriters would otherwise have by virtue of such payment.
Skoped, reserves the right to pay a claim in USD or replace the items lost during transit. Skoped products are the ones that are being insured and as such should there be a claim made, they have the right to replace any lost products with replacement products.
Your use of the Skoped Services and/or Content may contain links to third-party services (“Third-Party Services”). When You use Third-Party Services, we will not warn You that You have left the Skoped Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Skoped. Skoped is not responsible for any Third-Party Services. Company provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith.
We own and retain all right, title, and interest in and our Services (except for any licensed content and software components included therein). We do not grant You any license, express or implied, to any of our intellectual property or that of our licensors.
Disclaimer of Warranty
YOUR USE OF ANY OF OUR PRODUCTS SERVICES AND ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO POLICY INFORMATION, GRAPHICS, TEXT AND HYPERLINKS OR REFERENCES TO OTHER WEBSITES, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR SERVICES AND THE CONTENT. OUR SERVICES AND ALL CONTENT IS PROVIDED “AS IS”, “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR CONTENT WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES OR ANY OF THE CONTENT, NOR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT OR ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES OR CONTENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, THE ABOVE DISCLAIMER OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE DOES APPLY TO YOU BUT DOES NOT LIMIT OUR LIABILITY FOR A VIOLATION OF A STATUTORILY IMPOSED DUTY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY LOSSES, DAMAGES, INJURIES, CLAIMS OR OTHER LIABILITY OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCTS SERVICES OR CONTENT.
UNDER NO CIRCUMSTANCES WILL SKOPED BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO SKOPED BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF SKOPED FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SKOPED PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SKOPED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LAW IN CERTAIN STATES, INCLUDING NEW JERSEY, MAY NOT ALLOW THE DISCLAIMER OR EXCLUSION OF ANY OR ALL OF SUCH LIABILITY, AND AS SUCH, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, THIS PROVISION DOES NOT LIMIT OR EXCLUDE OUR LIABILITY FOR OUR OWN INTENTIONAL TORTS, WILLFUL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, OR VIOLATION OF A STATUTORILY IMPOSED DUTY.
Services can be accessed from countries around the world and may contain references to services and content that are not available in every country including Your country. These references do not imply that Skoped intends to announce or promote the availability of such services or content in Your country. Services are controlled and offered by Skoped from its facilities in the United States of America and only warrants that their products are available in the United States. Skoped makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires You to arbitrate disputes with Skoped and limits the manner in which You can seek relief from us.
You agree that any dispute or claim relating in any way to Your access or use of the Services, to any products sold or distributed through the Services (including any Skoped Policy), or to any aspect of Your relationship with Skoped, will be resolved by binding arbitration, rather than in court, except that (1) You may assert claims in small claims court if Your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) You or Skoped may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH SKOPED, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST SKOPED ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST SKOPED IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Conflict Resolution, Choice of Law and Venue
This agreement shall be construed under the laws of the United States of America and under the State laws of Utah. Any claim shall be first taken to mediation and if no resolution can be found through mediation the parties will subject themselves to the exclusive jurisdiction of a court of competent jurisdiction within the state of Utah either state court or federal court.
The communications between You and Skoped use electronic means, whether You use Services or send Skoped e-mails, or whether Skoped posts notices on their site or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from Skoped in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Skoped provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect Your statutory rights. This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without Skoped’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Skoped shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If any portion of these Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
This Agreement are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Skoped is a registered business in Utah, USA.