General Conditions/ Access and Use of the Service.
Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to SPLHT. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices SPLHT provides you or publishes in connection with the Service, and you shall promptly notify SPLHT if you learn of a security breach related to the Service. Additionally, SPLHT partners with third party Drivers to provide the Service. Accordingly, Luggage of your items will also be governed by the terms and policies of our Driver partners, including, but not limited to FedEx, UPS, USPS and DHL (and any other terms and policies set forth on our Driver partners’ respective websites) and you agree to comply with such terms and policies. We shall not have any liability or responsibility for the actions of any third-party Driver that may provide Transfer services for us in connection with the Service.
In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with SPLHT’s acceptable use policy (“AUP”), as described in this section. You will not use the Service to (or assist another person to): a) upload or transmit any content or materials that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) in the sole judgment of SPLHT, is objectionable, knowingly false, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SPLHT or its users to any harm or liability of any type; b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or c) violate any applicable local, state, national or international law, or any regulations having the force of law; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Any software that may be made available by SPLHT in connection with the Service, including without limitation the bookmarklets or plug-ins, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, SPLHT hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by SPLHT for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of SPLHT or any third party is granted to you in connection with the Service.
You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to SPLHT’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. SPLHT will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in SPLHT’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
The failure of SPLHT to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and SPLHT, even though it is electronic and is not physically signed by you and SPLHT, and it governs your use of the Service and takes the place of any prior agreements between you and SPLHT.
Subject to the terms hereof, SPLHT may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
To the extent the Service or any portion thereof is made available for any fee, you will be required to provide SPLHT information regarding your credit card or other payment instrument. You represent and warrant to SPLHT that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you arrange for Luggage, all charges for the Luggage and any additional fees payable to SPLHT (“Charges”) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize SPLHT to bill your payment instrument for Charges in accordance with this TOS. Except as otherwise agreed by the parties, all Charges shall be those in effect at the time that an item is tendered for Luggage and described in the Service, including through email or SMS messages sent by SPLHT, on the Site or in any Mobile Services). The applicable Charges will be based upon the characteristics of the Luggage actually tendered to us. If you dispute any Charges you must let SPLHT know within sixty (60) days after the date that SPLHT bills your payment instrument. We reserve the right to change the amount of the Charges from time to time. If SPLHT does change any of the Charges, SPLHT will post the new rates to the Service, effective as of the posting date. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on SPLHT’s net income.
You, as a shipper, understand that you are responsible for providing accurate and complete Luggage information to SPLHT, including service selected, number, weight, descriptions (including designations such as “fragile,” if such designations are permitted or requested through the Service) and dimensions of Luggage. If any aspect of the Luggage information is incomplete or incorrect as determined by SPLHT in its sole discretion, the actual Charges applicable to such Luggage may be more than what is quoted through the Service, and SPLHT may, in its discretion, adjust the actual Charges accordingly and will notify the shipper of such adjustments. You authorize SPLHT to charge the payment instrument associated with your account for the difference between the quoted and actual Charges upon notification. If the Luggage has been canceled in accordance with this TOS prior to notification of the adjusted Charges, you acknowledge that additional Charges may still apply.
You acknowledge that certain Charges may apply to Luggage which are canceled (i) by SPLHT or its third party representatives because such item is a Prohibited Item, a Non-Conforming Item, or because the Transfer information is incorrect or incomplete; or (ii) by you, for whatever reason, in each case even if the Luggage is not handed over to a third party Driver prior to cancellation. Please see our FAQ for more information about Charges for canceled Luggage.
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