Terms of Use | ShipFare

Last Modified: April 14th, 2026

This is the terms of use of RAW JUICERY, INC. dba ShipFare ("ShipFare”).

ShipFare is a shipping platform designed for perishable shippers to optimize their shipping operations. ShipFare also acts as an intermediary for shipping rates and shipping coverage for major domestic parcel carriers. As an intermediary, ShipFare does not deliver shipments directly. All parties must abide by the applicable parcel carrier terms, as well as the terms set forth below. By creating a ShipFare account and using the Services, you agree to be bound by these Terms of Use.

This is our agreement. When you create a ShipFare account, we form a contract. ShipFare will be bound by the terms outlined below, and so will you.

We ask that you read these Terms of Use carefully, because they contain important limitations on your legal rights, like mandatory arbitration and certain limits on our legal liabilities.

In addition to these Terms, we also ask that you read our Privacy Policy carefully, because it will help you understand our privacy practices and the rights you have with respect to your data.

AGREEMENT BETWEEN CUSTOMER AND SHIPFARE

These Terms of Use (we'll call them the "Terms") form an agreement between you and RAW JUICERY, INC. dba ShipFare, a California entity, and our subsidiaries and corporate affiliates ("ShipFare", "we" or "us"). These Terms govern the use of this website, any other ShipFare website, mobile or web application, online portal, electronic form, survey, and any other channel that we or our partners and customer service agents we manage or operate (collectively, the "Sites"). These Terms do not in any way alter the terms of any other agreement that you have with us.

Your Eligibility to Use Our Services

We can provide our services only to users who can form legally binding contracts with us, and who agree to use our services for legitimate purposes (for instance, you cannot ship anything illegal).

This means that by using our Sites you agree that you:

Are at least sixteen (16) years of age or older, and over the minimum age required in the state or country of your residence or citizenship to use the Sites;
Can form a legally binding contract with us, and if you are under the age of majority in the state or country of your residence or citizenship to use the Sites, that your parent or legal guardian has reviewed and accepted these Terms;
Will only use the Sites to make legitimate purchases of carrier services for legal shipping of products and documents on your own behalf or for another person for whom you are legally authorized to act;
Will comply with all applicable laws and regulations, including U.S. import, export and re-export control laws and regulations, controlled substance laws and hazardous materials laws, regulations and private carrier rules;
Will be bound by these Terms; and
Have not been permanently suspended, or your access to the Sites has not otherwise been revoked, from the Sites.

If you do not agree to the Terms, you must not use or purchase any third-party carrier services through the ShipFare Sites.

If you have any concerns after you set up your account, you can contact our customer support to cancel your account at any time.

If you are using the Sites on behalf of an entity, you further represent that you are authorized to accept these Terms on that entity's behalf. References to "you" and "your" in these Terms refer both to the individual using the Sites and to any such entity.

What We Do; Our Services

We provide the Sites to assist you, our customers, in comparing, selecting, and purchasing third-party carrier services, reviewing your shipping history, resolving any questions via our customer support services, and using other functionality that we make available to you through the Sites, otherwise known as our "Services". We provide the Services for the legal shipping of products and documents nationally and internationally or otherwise transacting business with carrier services, and for no other purposes.

ShipFare is an Intermediary

ShipFare serves only as an intermediary between you and carriers like the United States Postal Service ("USPS"), FedEx, ("FedEx"), and United Parcel Service ("UPS"). We only provide you with a platform to order their postage, shipping products and services. We do not provide the carrier services ourselves. We do not transport, ship, deliver, or otherwise provide any service beyond simply reselling postage, labels and the Services we list on the Sites.

When we display service options on our Sites offered by carriers like USPS, FedEx, and UPS, this does not mean that we recommend, approve or sponsor that carrier or that carrier's service options. We also cannot guarantee the quality of those services, or that those services will be available to you. Your interaction with any carrier accessed through the Sites is at your own risk.

You agree that ShipFare has no control over the carriers listed on the Sites and is not responsible for the accuracy, timeliness, or completeness of any information on the Sites related in any way to carriers or their Services. You acknowledge that ShipFare will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such carrier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the carrier. Your shipments are made pursuant to a shipping contract, which means that risk of loss and title to anything that you ship passes to you as soon as you deliver your shipment to the carrier. You are responsible for filing any claims with a carrier for damaged or lost shipments, subject to any carrier or other legal or contractual requirements.

It is your responsibility to find, open, read, understand, and accept the terms, conditions, or rules of purchase of any carrier you select for shipping. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any carrier you select to perform shipping services, including terms and conditions of purchase set forth in a carrier's terms, conditions, and rules. For instance, if a carrier doesn't permit the shipment of hazardous liquids, it is your responsibility to comply with those rules. For example, the first time you purchase UPS shipping services through the Sites, in order to complete the purchase you will be required to accept certain UPS or FedEx terms and conditions.

If a shipment is delivered to ShipFare by USPS, UPS, FedEx, or any other carrier for any reason, including if such carrier determines the shipment is undeliverable as labeled and/or cannot be returned to the sender, ShipFare may, in its sole and absolute discretion and without notice to you or to any other party, destroy the shipment or take any other action in accordance with applicable laws. ShipFare will have no liability to you or to any other party for any actions taken (or not taken) with respect to such shipments.

Access from Third-Party Sites

ShipFare may link to, be accessible from or integrate with other sites (collectively, "Third-Party Sites"), including third-party ecommerce software that allows you to import order data to more easily create shipping labels and to relay the order status back to your ecommerce software. You access these Third-Party Sites at your own risk.

ShipFare has no control over Third-Party Sites or any of their software that we may integrate with, or over the information you have entered into or have stored on that software. ShipFare also does not have control over the application programming interface (API) for Third-Party Sites or the currency of any links or data-sharing protocols. Because we do not have control over that software, we cannot be and are not responsible for any lost data, errors in data or in data transmission, downtime, unavailability, or any other loss or damage that might occur from using Third-Party Sites, their software or connections to that software.

Our reference to Third-Party Sites does not constitute our endorsement of them. Your interaction with any Third-Party Site will be governed by the terms of use and privacy policy of that Third-Party Site. We recommend you review those documents before using it.

Availability of Service

We will try to keep the ShipFare site available at all times. However, there may be times when we have to maintain, update or improve the Sites or temporarily suspend the availability of the Services for other reasons. We do not guarantee the availability of the Sites or Services at any time, and will not be liable for any suspension or discontinuance of the Services.

Changes to Our Terms

As our service offerings change, as laws change, as the world changes, ShipFare may, from time to time, amend or modify these Terms. We will post the amended or modified Terms on the Sites, which will automatically be effective as of the effective date indicated. We reserve the right to change these Terms at any time upon appropriate notice to you, including by sending notice to the email address we have on file for you, by displaying a notification on the Sites, or through another reasonably reliable method. We may also ask you to confirm your acceptance via a click-through or similar process on the Sites. Your use of the Sites after the effective date of an updated version will be deemed to constitute your acceptance of the updated version, including the amended and modified terms therein. If at any time you do not agree to be bound by and comply with these Terms (as amended or modified from time to time), you agree that your sole remedy is to cease using the Sites. You may not use the Sites if you do not agree to these Terms.

Additional Terms

Certain additional terms (the "Additional Terms") may apply to particular features or portions of the Sites (the "Additional Sites"). These Additional Terms supplement, and are incorporated into, these Terms unless otherwise specified. You must agree to all applicable Additional Terms before using the applicable Additional Sites; if you do not, you may not use the Additional Sites. In the event of a conflict with these Terms, the Additional Terms govern solely with respect to the Additional Sites.

Feedback, Personal Conduct & Customer Support

You may provide us, or one of our partners, ideas, suggestions, remarks, data or other feedback regarding the Services, Content or any of our other products or offerings (collectively, "Feedback").

By submitting Feedback, you:

Acknowledge and agree that we (1) are under no confidentiality or fiduciary obligation with respect to such Feedback and (2) may keep such Feedback indefinitely, and use, reproduce, distribute, disclose and otherwise exploit it for any purpose, including for product development, improvement, and enhancement of the Services;
Acknowledge and agree that you are not entitled to any compensation with respect to such Feedback; and
Represent and warrant that such Feedback does not infringe, misappropriate or violate the intellectual property rights of ShipFare or any third party, or otherwise violate these Terms or applicable law.

Our customer support team is available to help you via the chat on our Sites or email as listed on https://shipfare.com/, with all your shipping questions and to make our Services as easy to use as possible. If you are disrespectful to our customer support personnel, we reserve the right, at our sole discretion, to stop serving you. We reserve the right to suspend or terminate your account at any time.

Please note we will record or keep written records of our customer support interactions, consistent with and subject to our Privacy Policy. Our policy also covers what choices you can make about getting or deleting the personal information we keep as part of our service. Please read it carefully, and be in touch with us through the links and instructions it provides if you have any concerns, questions or wish to exercise any of your rights with respect to your personal information.

User Accounts; Payments and Additional Charges

Access to and use of some parts of the Sites may require you to register for a user account ("Account"). If you register for an Account, you will create a username and password ("Credentials"). We may reject, or require that you change, any Credentials or other information that you provide to us when registering for an Account.

Your Credentials are for your personal use only and should be kept confidential; you, and not ShipFare, are responsible for any use or misuse of your Credentials (whether it occurs with or without your knowledge), and you must promptly notify us via our chat or by emailing [email protected] of any confidentiality breach or unauthorized use of your Credentials or your Account.

You agree to pay ShipFare all charges applicable for the Services at the time such Services are ordered by you on the Sites. Before you may use any Services, you must complete a Payment Authorization form on the Sites in which you identify the payment method to be charged for your purchases (the "Designated Payment Method") and authorize ShipFare to charge such Designated Payment Method for all of your purchases (your "Payment Authorization"). Your Payment Authorization is incorporated into these Terms by this reference. By submitting your Designated Payment Method to us, you grant us the right to provide that information to third parties to facilitate your use of the Services. You also represent and warrant that you have the right to use the Designated Payment Method in connection with the Services.

You are responsible for ensuring that ShipFare has accurate, complete, and current information (including, among other things, your Designated Payment Method information and your contact information) during Account registration and at all other times, and you are responsible for entry of information regarding the Services you order. Should any amounts due for Services remain unpaid, or in the event that any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, you agree to pay, in addition to the principal amount and any applicable interest thereon, all of the bank and payment provider charges assessed against you and ShipFare and ShipFare's reasonable costs of collecting or attempting to collect, including reasonable attorney fees and expenses.

ShipFare reserves the right to verify your credit before you purchase Services at any time. All transactions originating from your account are your responsibility. In addition, if any check, ACH payment, credit card charge, or online payment service is denied, returned, or refused, ShipFare may charge the underlying payment and any incidental charges (as described above) against your Designated Payment Method or any other form of payment you have ever added to your ShipFare account.

You are responsible for any additional charges due to (a) misstatements regarding weight, size, classification, number, or manner of Service, (b) deliveries on weekends or holidays, local customs charges, (d) import taxes or duties, or (e) any similar charge(s) incurred. If any such charges become due as a result of services performed by a carrier on your behalf and are charged to ShipFare by a carrier, you agree that ShipFare may charge your Designated Payment Method or any other form of payment you have ever added to your ShipFare account for any additional amounts due or, in the event that you paid for the Services in another manner, you agree to reimburse ShipFare fully for such charges within seven (7) days of our demand. ShipFare is not required to automatically provide any refunds or reduction of charges for any misstatement by you of weight, size, number, or manner of Service.

Any claim for unused or misprinted postage or fee refund must be submitted directly to ShipFare on the Sites within forty-five (45) days of date of purchase. Postage handled and/or returned to sender will not be considered valid unused and/or misprinted postage. If determined valid, at ShipFare's sole discretion, ShipFare will credit an active customer's account an amount equal to what was paid for the Services. In addition, you agree to assign to ShipFare any and all rights to file any such claims with or against any carrier with respect to Services ordered or paid for on the Sites.

Account Balances

You may maintain a pre-funded account balance with ShipFare and view that balance, your transaction, shipping label and postage activity, refunds, adjustments and other transactions within your account, online at any time.

If you fund and maintain a positive balance in your account with ShipFare, ShipFare will keep track of that balance, but will not segregate those funds into separate bank accounts and will not pay interest on those accounts. If you request a refund of any positive account balances, ShipFare will work to promptly and expeditiously honor such refund requests, subject to the payment refund procedures of your bank or payment provider.

If we don't hear from you for a while and we're unable to reach you, we may consider your account abandoned. We will wait as long as we can to maintain your account and reach out to you at the contact information you've provided. But ShipFare (and its partners or successors in interest) may refer abandoned account balances to the California State Controller's Office in accordance with the California Unclaimed Property Law if unclaimed after three (3) years and the identity, status, or present location of the account holder cannot be determined. If ShipFare (or its successors) is no longer headquartered in California at that time, then the account balance may be referred to the State Controller or applicable office in whichever state or jurisdiction we are in at that time.

Change in Billing, Prices, Promotions, and Policies

ShipFare may change billing procedures, prices, promotions, and/or policies at any time without advance notice. All such changes will be posted on the Sites. Continued use of the Sites and/or Services constitutes your affirmation that you have read and understood such notices and agree to the terms contained therein.

Monitoring and Enforcement; Termination

We have the right, but not the obligation, to monitor the Sites and to modify and remove any Content at any time.

You may terminate your account with ShipFare at any time by contacting our customer support.

ShipFare may terminate your Account or your access to and use of the Sites for any reason at any time. In addition, ShipFare may suspend or terminate your account for misconduct such as abusive behavior toward our customer support personnel or using the Services for illegal purposes. We may also suspend or terminate the Sites and terminate these Terms, in our sole and absolute discretion at any time and without prior notice, and take any and all actions we deem appropriate with respect to the Services and Content.

Upon such termination, you agree to immediately pay ShipFare any unpaid amounts related to Services ordered. Any accrued rights, remedies, obligations, or liabilities will not be affected, including, but not limited to, ShipFare's right to claim damages in respect of any breach of these Terms or ShipFare's right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, survive or otherwise have effect after termination will continue in full force and effect.

When your Account is terminated, we may retain your information in accordance with our Privacy Policy.

Our Proprietary Rights

Our Sites, the Services, and the software used in connection therewith contain proprietary and confidential information that is protected by applicable intellectual property and other laws. No ownership interest is transferred to you by virtue of making the Services available to you, granting you a license to use the Sites, or your entering into these Terms.

Without limiting the generality of the foregoing, you acknowledge that as between you and ShipFare, all materials contained on the Sites (collectively, the "Content"), including ShipFare, the ShipFare logos, the look and feel of our Sites, and the order and choices on the Sites' menus, are the sole and exclusive property of ShipFare. In addition, all trademarks, service marks, logos, trade names, and any other proprietary designations of ShipFare are trademarks of ShipFare, and you agree that you will not use them or our partners' trademarks, trade names, or logos or the style, look, and feel of our Sites or software without our written permission.

You agree that the Sites, in whole or in part, will not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose not expressly permitted by ShipFare.

Your Use of the Sites

Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your own personal and noncommercial purposes. You may download or copy the Content and other downloadable items displayed on the Services for personal use only; provided that you maintain all copyright and other notices contained therein.

Further, with respect to the Services and the Content and any User Contributions (as defined herein), you may not, and you may not attempt to:

Copy or create any derivative work from any Content;
Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or rent, sell, assign, sublicense, or otherwise transfer or attempt to transfer any rights in the Sites or Content;
Modify the Sites or Content in any manner or form or use modified versions of the Sites or Content, including deleting, altering or removing any copyright, trademark or proprietary rights notices;
Access the Sites or any Content by any means other than through interfaces we provide;
Disable, bypass, modify, defeat or otherwise circumvent any digital rights management, authentication or security system or disrupt or interfere with the functionality of the Services or the Content, or any ShipFare networks or systems;
Use the Services or the Content in any manner or for any purpose that is illegal or prohibited by these Terms; and
Upload any materials or data that (i) contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data, (ii) is harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable or (iii) that you are not authorized to provide.

With respect to any use of Sites or Content, and any derivative use of Sites or Content, any uses of data mining, web extraction, web scraping, robots, artificial intelligence scraping or similar data gathering and extraction tools (collectively, "Web Scraping") are strictly prohibited. Without limiting the foregoing, you may not use any data obtained from the Sites, the Services, or the Content to train, develop, or improve any machine learning model, artificial intelligence system, or similar technology, whether for commercial or non-commercial purposes. Any Web Scraping or unauthorized use of ShipFare data for AI training purposes may result in immediate suspension or termination of your access to the Services, the Content or your Account.

Copyright Infringement — DMCA Notice

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law.

If you are a copyright owner and you believe, in good faith, that any Content or our Services infringe a copyright that you own, you or your agent may send us a notice requesting that we remove the material or otherwise block access to it.

This notice must include: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. To submit such a notice, please email us at [email protected].

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

You may also have similar rights under other local laws. Any concerns under such local laws should also be addressed to us by emailing [email protected].

Disclaimer of Warranties

All Disclaimers of any kind, both in this section and elsewhere in these Terms, are made on behalf of RAW JUICERY, INC. dba ShipFare, its affiliates and their respective directors, officers, employees, agents, shareholders, volunteers, representatives, licensors, suppliers and service providers (collectively, the "ShipFare Parties").

ShipFare offers the Sites and Services on an "as is," "where is" and "where available" basis. That means the ShipFare Parties make no promises and no representations or warranties of any kind to you, whether express, implied or statutory. This includes, but is not limited to, the availability or operation of the Sites, or the content, data, information, or Services on the Sites. There are no implied warranties of merchantability, title, non-infringement, fitness for a particular purpose, security and accuracy, or any other warranties that might arise from the course of dealing, course of performance, or usage of trade. The ShipFare Parties make no promise, representation or warranty to you about any of that. No advice or information provided by ShipFare will create a warranty. You assume total responsibility.

The information published on the Sites and the Services may include inaccuracies or errors, including pricing errors. In particular, the ShipFare Parties do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the carrier services displayed on the Sites (including, without limitation, the pricing and the general product descriptions). In addition, ShipFare expressly reserves the right to correct any pricing errors on the Sites.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.

Limitation of ShipFare's Liability

You assume all risk of loss when using the Services. Subject to applicable law, in no event will the ShipFare Parties be liable for any risk of any kind arising from your use of, or inability to use, the Sites, the Services, the Content or any other information of ShipFare.

In particular, the ShipFare Parties will not be liable for (a) any loss of use, data, business, or profits (whether direct or indirect), or (b) any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, without limitation, lost profits or lost savings), arising out of or related to (i) any use of the Sites or the Content; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of the Sites) in performance of Services; or (iii) the performance or non-performance by ShipFare, a carrier, or any other provider, in each case ((i)-(iii)) regardless of whether such claims are based in contract, tort, strict liability or otherwise and regardless of whether ShipFare knew or should have known of the possibility that such damages to such parties or any other party might be incurred.

In any event, ShipFare will not be liable for any damages in excess of the purchase price paid for the individual Service at issue, whether or not ShipFare had knowledge that such damages might be incurred. The existence of multiple claims or suits under these Terms or related to the Sites, the Services, the Content or these Terms will not enlarge or extend the limitation of any monetary damages.

For clarification, these Terms do not limit ShipFare's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.

Except where such restriction is prohibited under applicable law, any claim arising under these Terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

Notice to California Residents

By using the Services, you waive your rights with respect to California Civil Code Section 1542, which says, "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the ShipFare Parties harmless from and against any claim, cause of action, liability, expense, loss or demand, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with (a) your breach of these Terms, (b) your use of, or access to, the Sites or Services or any violation or alleged violation of any other party's rights or applicable law. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent.

Class Action Waiver

In exchange for ShipFare's provision of the Services and your payment for those Services, you hereby waive the right to bring or participate in any class action lawsuit against any of the ShipFare Parties.

SPECIFICALLY YOU AGREE NOT TO (A) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION OR COURT AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (B) SEEK TO CONSOLIDATE IN ARBITRATION OR COURT ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (C) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE AGAINST ANY OF THE SHIPFARE PARTIES; NOR (D) SEEK ANY AWARD OR REMEDY IN ARBITRATION OR COURT AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION.

Choice of Law

These Terms are governed and interpreted in their entirety pursuant to the laws of the State of California, United States of America or U.S. federal laws (including federal arbitration law) and regulations, as applicable, notwithstanding any principles of conflicts of law.

Special Admonitions for International Use

Please note that we are headquartered, and the Sites and the Content are hosted, in the United States, and the Services are intended for use only to individuals and entities in the United States. If you choose to access or use the Sites outside of the United States, you are responsible for compliance with applicable law. We may limit availability of the Sites at any time, in whole or in part, to any person or jurisdiction that we choose.

Please be aware that if you are accessing or using the Sites outside the United States, you acknowledge and agree that information may be transferred to, stored and processed in the United States (or any other location where our servers may be located). You further acknowledge and agree that you will not access or use the Services (i) if you are on the United States Treasury Department's "Specially Designated Nationals and Blocked Persons List," or are located in a country embargoed by the United States or (ii) in violation of United States export laws and regulations.

Mandatory Dispute Resolution and Arbitration

By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide or representative basis.

All disputes arising out of or relating in any way to these Terms, your use of the Sites, or products or services sold, distributed, issued or serviced by us or through us shall be resolved by the Informal Dispute Resolution process below, or, if that process is unsuccessful, by binding arbitration as set forth below, with one exception. That exception is that any claim that is within the scope of the jurisdictional limits of a small claims court (including the requirements for personal jurisdiction and the type and amount of damages sought) may be brought by either you or us in small claims court.

Informal Dispute Resolution. You and we each agree that good faith discussions can often resolve disputes, and therefore before either of us may commence an arbitration or assert a claim in small claims court, you and we will engage in the following informal dispute resolution process:

(1) The party seeking to initiate a claim in arbitration must give written notice to the other party ("respondent"). To notify us that you intend to initiate informal dispute resolution, you must send an email to ShipFare at [email protected], providing: your full name; the email address and mailing address associated with your ShipFare account; your counsel's name and contact information, if you are represented by counsel; and a brief description of your claim(s) and the relief sought. To notify you that we intend to initiate informal dispute resolution, we will email you at the email address associated with your ShipFare account and provide a brief description of our claim(s) and the relief sought, and our counsel's name and contact information. Sending this notice shall toll any applicable statute of limitations.

(2) Within sixty (60) days of receipt of the written notice, you and we will then participate in a confidential meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this mutual arbitration agreement. If either you or us is represented by counsel, that counsel may participate in the informal dispute resolution conference.

(3) If you and we are unable to resolve the dispute via this conference, the claimant may commence an arbitration in accordance with these Terms and Conditions. Completing the conference shall be a necessary precondition to commencing any arbitration.

Arbitration. Any dispute that has not been resolved by the Informal Dispute Resolution process above shall be resolved by confidential individual final and binding arbitration conducted in the English language in Los Angeles County, California under the commercial arbitration rules of the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services (JAMS). The arbitration will be conducted by a single arbitrator mutually selected by the parties. If the parties cannot agree on an arbitrator, then they may each appoint their own arbitrator, which two arbitrators will in turn, select the single arbitrator for adjudication of the dispute. The parties will bear equally the cost of the arbitration (except that the prevailing party will be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). Under no circumstances will the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages will be beyond the arbitrator's authority, void, and unenforceable.

Rules and forms for filing an arbitration claim can be found athttps://www.jamsadr.com/ or https://www.adr.org/.

You and we agree that the dispute resolution processes in these Terms will be the sole and exclusive processes for the adjudication of any disputes arising in connection with these Terms, your use of the Services, and your relationship with the ShipFare Parties. All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA).

Notwithstanding anything to the contrary, we and you are entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction.

Third-Party Notices

NOTICE: The UPS package tracking systems accessed via the Service (the "Tracking Systems") and tracking information obtained through this service (the "Information") is the private property of UPS. UPS authorizes you to use the Tracking Systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Without limitation, you are not authorized to make the Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of UPS. This is a personal service, thus your right to use the Tracking Systems or Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

Discounts off UPS daily rates. Rates are limited to shipping from the U.S. only. Rates and any applicable discounts are subject to change at any time without notice.

Miscellaneous

You agree that nothing in these Terms or in your use of or access to the Sites or Services will make you an employee, agent, partner or legal representative of ShipFare. You may not assign, transfer, sublicense or delegate the performance of part or all of your rights or obligations under these Terms, without the prior written approval of ShipFare.

All terms used in one number or gender will be construed to include any other number or gender as the context may require. Any use of the term "including" or variations thereof in these Terms shall be construed as if followed by the phrase "without limitation." If any provision of these Terms is held to be illegal, invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms, any Additional Terms and the Privacy Policy (including any applicable supplements thereto) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by ShipFare. The failure to enforce any right under these Terms will not be a waiver of the provision or the right to enforce it, or any preceding or subsequent right, at a later time.

Notice

We may provide all notices, including pursuant to legal process, by any lawful method. You agree to provide us with current, accurate contact information and to check for notices posted via the Sites.