Sealed Technologies Corp.Sealed Technologies Corp.
1420 Harrison Suite
San Francisco, CA 94103
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SEALEDPACKAGES.COM, INCLUDING THE SEALED WEB APPLICATION AT SEALEDPACKAGES.COM ("APP"), THE SEALED PACKAGE RECEIVING/ROUTING/DELIVERY SERVICE, SEALED TRACKING SIGNATURE PROOF OF DELIVERY, SEALED TRACKING UPDATES AND SEALED BILLING ONLINE. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
SEALED MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF SEALEDPACKAGES.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT SEALEDPACKAGES.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH SEALEDPACKAGES.COM.
Section 1. Definitions
Content: information, graphics, products, features, functionality, services, and links on sealedpackages.com, including the App, the Sealed Package Receiving/Routing/Delivery Service, Sealed Tracking Signature Proof of Delivery, Sealed billing, and Sealed Tracking Updates.
Sealed: Sealed Technologies Corp.
Sealed: A Sealed service/product
Service: The Sealed Packages/Delivery service
You: Yourself and the entity that you represent
Section 2. Use of sealedpackages.com
sealedpackages.com is provided solely for the use of current and potential Sealed customers to interact with Sealed and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving Sealed invoices and remitting payment using electronic funds transfer ("EFT"), drop-off locations, identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential Sealed customers for their own shipments. Use of sealedpackages.com to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.
The use of non-authorized scripting technologies to obtain information from sealedpackages.com or submit information through sealedpackages.com is strictly prohibited.
If receives ideas, concepts, or techniques for new services or products through sealedpackages.com, it will not be considered confidential and Sealed will be deemed free to use, communicate and exploit such information in any manner it chooses.
Sealed is not responsible for any user-generated content and accounts). Content submitted express the views of their author only.
Section 3. sealedpackages.com Login Registration
You may choose to register on sealedpackages.com to access interactive features on sealedpackages.com. sealedpackages.com Login provides you with access to the App at app.sealedpackages.com, Sealed Tracking, Sealed Billing Online, and other online services. The availability of these services varies by location. In the future, Sealed may add other features that may be accessed through sealedpackages.com Login. In such event, previously registered users will not be required to re-register.
By registering on sealedpackages.com, You agree to provide accurate and current information about Yourself as prompted by the sealedpackages.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
Some sealedpackages.com services are being made available to customers based in some locations and not others. You agree to register only for sealedpackages.com services offered on the sealedpackages.com website for the location in which your Sealed account is based. When you register using sealedpackages.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify Sealed of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your sealedpackages.com session at the end of each visit. You acknowledge and agree that it may be necessary from time to time for Sealed to confirm the validity of the credit card information you provided to open your Sealed account. When this occurs, Sealed may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.
Section 4. Changes to sealedpackages.com
sealedpackages.com and its Content, may be changed, deleted or updated at any time without notice.
Section 5. Membership
Customers and users of the Sealed service have multiple membership options to select from. The costs and benefits of the membership options are outlined in the current Content on sealedpackages.com and may be changed at any time without notice. Current customers will be given email notice of any changes before they take effect.
Customers that select paid membership plans are agreeing to applicable subscription fees. Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course of the transaction. Your subscription (billing cycle) begins upon payment of a first installment of subscription fees (or immediately upon plan selection if offered the first month for free). The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.) If offered a free time period of a membership plan, then that amount of time is measured from the first time that you select the membership plan, regardless of changing membership plans or downgrading to a free plan. (For example, if you sign up for a paid plan with a 30-day (or 1 month) free promotional, then those first 30 free days are used in the subsequent 30 days after signup.)
Section 6. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Sealed will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees and/or surcharges including a rescheduling fee or oversized fee.
All Charges and payments will be enabled by Sealed using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sealed may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Sealed.
Section 7. Termination of Use
Sealed may discontinue, suspend or modify sealedpackages.com at any time without notice, and Sealed may block, terminate or suspend Your and any user's access to sealedpackages.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 8. Ownership
sealedpackages.com and its Content are protected by United States and international copyright, trademark and other laws. © 2019 Sealed. All rights reserved. Specifically, Sealed does not convey to anyone, through allowing access to sealedpackages.com, any ownership rights in sealedpackages.com or in any Content appearing on or made available through sealedpackages.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of sealedpackages.com or its Content.
Section 9. Disclaimer of Warranty
SEALEDPACKAGES.COM AND ITS CONTENT ARE PROVIDED "AS IS". Sealed AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE SEALEDPACKAGES.COM AND ITS CONTENT.
SEALED EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SEALEDPACKAGES.COM AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEALED DOES NOT WARRANT THAT THE APP WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE APP WILL BE CORRECTED. FURTHERMORE, SEALED DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF THE APP IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY SEALED OR AN AUTHORIZED REPRESENTATIVE OF SEALED SHALL CREATE A WARRANTY.
Section 10. Limitation of Liability
USE OF SEALEDPACKAGES.COM AND ITS CONTENT IS AT YOUR SOLE RISK. SEALED WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SEALEDPACKAGES.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED SEALED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 11. Indemnity
You agree to defend, indemnify and hold harmless Sealed, and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
Section 12. Links to other web sites
There are links on the sealedpackages.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Sealed. Sealed makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
Sealed has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
The Sealed Privacy Notice governs the use of information acquired from You through sealedpackages.com.
Section 14. Export
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access sealedpackages.com regarding access, use, export, re-export and import of any Content appearing on or available through sealedpackages.com.
You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Section 15. Controlling Law and Severability
This Agreement and Your use of sealedpackages.com is governed by and construed in accordance with the laws of the United States and the State of California, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to sealedpackages.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within San Francisco County, California. This Agreement may not be changed or modified without the written consent of Sealed.
Section 16. Sealed Tracking Signature Proof of Delivery
Section 17. Sealed Tracking Updates
Section 18. Delivery with Sealed Delivery App, Operated by Sealed
In order to facilitate delivery or release of a shipment, Sealed may, at its sole discretion, offer certain delivery options and functionality to residential Recipients through the App. As a condition for approval to register for and use the App, Recipient agrees to these terms:
Recipient represents and warrants that Recipient: resides at the address provided for enrollment; is authorized to enroll and receive shipments at the address; will only register for himself/herself; will only register nicknames that are associated with Recipient’s name and identity; is 13 years of age or older.
For each shipment, Recipient represents and warrants that Recipient is authorized by the Shipper to use or request the Sealed Delivery App options and functionality.
Recipient agrees to pay any fees associated with Sealed Delivery App options that are offered by Sealed for a fee.
In no event shall Sealed, including, without limitation, agents, contractors, employees and affiliates, be liable for any damages, including but not limited to special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not Sealed had knowledge that such damages might be incurred, from honoring, or our failure to honor, any request for delivery instructions, preferences, delivery suspension, routing instruction or other delivery request from the Recipient. Notwithstanding, a refund of the Sealed Delivery App fee as outlined below is the exclusive remedy in the event of Sealed’s failure to honor the Recipient’s request for Sealed Delivery App options.
Money-Back Guarantee. We offer a money-back guarantee for Sealed Delivery App options that are offered for a fee. This guarantee can be suspended, modified or revoked at our sole discretion without prior notice to you. At our option, we will, upon request, refund your Sealed Delivery App charges in the event of a delivery failure as described below. If the money-back guarantee is suspended, there is no remedy or recovery of charges for a delivery option failure. There are no delivery option commitments for shipments on which the money-back guarantee is suspended.
Sealed Date Certain Delivery Money-Back Guarantee. The Sealed Date Certain Delivery Money-Back Guarantee applies if shipment delivery is not attempted on the valid date requested.
Sealed Appointment Delivery Money-Back Guarantee. The Sealed Appointment Delivery Money-Back Guarantee applies if shipment delivery is not attempted during the appointment time-frame and on the date requested by the Recipient and agreed to by Sealed.
Deliver To Another Address Money-Back Guarantee. The Deliver To Another Address Money-Back Guarantee applies if shipment delivery is not attempted at the correct address by the scheduled delivery date and time as published on sealedpackages.com within the Sealed Delivery App.
Exceptions and Limitations. Sealed will not be obligated to refund or credit your charges if:
We provide you with proof of timely completion of the delivery option, consisting of the date and time of delivery and, if applicable, the name of the person who signed for the shipment, or service-exception information reflecting that the failure to provide the delivery option resulted from circumstances described under the Liabilities Not Assumed sections of the Sealed Terms and Conditions.
The shipment was undeliverable as described in the Undeliverable Shipments sections of the Sealed Terms and Conditions.
Refund Requests: To qualify for a refund, you must notify us of a delivery option failure and request a refund of your charges in compliance with the conditions listed below. If you do not comply with these conditions, you are not entitled to receive a refund and cannot recover compensation for a delivery option failure in any lawsuit.
You may request a refund of charges due to a delivery option failure by submitting your request to us via email at email@example.com.
Your notification of a delivery option failure must include the tracking number; and the last 4 digits of the credit card used to pay for the delivery option.
All requests for refund or credit of charges must be received within 90 calendar days from the ship date.
If Recipient provides delivery instructions, preferences, or requests to suspend deliveries for their address, Recipient releases Sealed from all liability for any loss or damage that may result from Sealed following the delivery instructions, preferences, or requests to suspend deliveries.
Recipient understands that the Sealed Delivery App calendar and tracking visibility will be based on information readily available to Sealed, that it may be limited, estimated or incomplete and that such information may change or be modified.
Recipient agrees not to sue Sealed as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Sealed regarding the Sealed Delivery App.
Section 19: Non-Waiver
Any failure by us to enforce or apply a term, condition or provision of the Sealed Terms and Conditions does not constitute a waiver of that term, condition or provision and does not otherwise impair our right to enforce such term, condition or provision.
Section 20: Alcoholic Beverages
Only licensed entities holding a state and federal license or retailers holding a state license may ship alcohol with Sealed.
Licensee to Licensee. Sealed will accept alcohol shipments (beer, wine and spirits) when both the shipper and recipient are either licensed wholesalers, licensed dealers, licensed distributors, licensed manufacturers, licensed retailers or licensed importers, subject to additional requirements and all applicable laws and regulations. Contact your Sealed account executive for complete details.
Licensee to Consumer. Sealed will accept wine shipments from licensed entities directly to consumers, subject to additional requirements and all applicable laws and regulations. Contact your Sealed account executive for complete details. Shipments of beer or spirits to consumers are prohibited.
Section 21: Animals, Ornamental Marine Life (Including Live Fish) and Animal Carcasses
Sealed does not accept live-animal shipments as part of its regular-scheduled service and does not transport household pets such as dogs, cats, birds and hamsters. Sealed may accept certain shipments of live animals on an exception basis if pre-approved and coordinated by Sealed.
If approved by Sealed, we may accept non-venomous reptiles, amphibians, live/ tropical fish and beneficial insects on an exception basis. ALL SHIPMENTS CONTAINING LIVE ANIMAL SHIPMENTS MUST BE PREAPPROVED IN WRITING. Sealed will not be held liable for any damages that result from live-animal shipments that are not preapproved.
Sealed does not accept animal carcass shipments as part of its regularscheduled service. We may accept certain shipments of animal heads and other parts for taxidermy if properly packaged.
If approved by Sealed, we may accept animal carcasses, organs and other parts on an exception basis. ALL SHIPMENTS CONTAINING ANIMAL CARCASS MUST BE PREAPPROVED IN WRITING. Sealed will not be held liable for any damages that result from live-animal shipments that are not preapproved.
Section 22: Declared Value and Limits of Liability (Not Insurance Coverage)
- The declared value of any package represents our maximum liability in connection with a shipment of that package, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment. It is the shipper’s responsibility to prove actual damages. Exposure to and risk of any loss in excess of the declared value is assumed by the shipper. You may transfer this risk to an insurance carrier of your choice through the purchase of an insurance policy. Contact an insurance agent or broker if you desire insurance coverage. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.
- Unless a higher value is declared and paid for, our liability for each package is limited to US$500. For each package exceeding US$500 in declared value, an additional amount will be charged for each US$500 in value or fraction thereof.
- Shipments containing all or part of the following items are limited to a maximum declared value of US$1,000:
- Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture and collector’s items.
- Film, photographic images (including photographic negatives), photographic chromes and photographic slides.
- Any commodity that by its inherent nature is particularly susceptible to damage or the market value of which is particularly variable or difficult to ascertain.
- Antiques, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware and glassware.
- Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, and any other commodity with similarly fragile qualities.
- Plasma screens.
- Jewelry, including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal.
- Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts.
- Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates, or platinum (except as an integral part of electronic machinery).
- Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds.
- Collector’s items such as coins, stamps, sports cards, souvenirs and memorabilia.
- Guitars and other musical instruments that are more than 20 years old, and customized or personalized musical instruments.
- Scale models (including, but not limited to, architectural models and dollhouses) and prototypes.
- ANY EFFORT TO DECLARE A VALUE IN EXCESS OF THE MAXIMUMS ALLOWED IN THE SEALED TERMS AND CONDITIONS IS NULL AND VOID. OUR ACCEPTANCE FOR CARRIAGE OF ANY SHIPMENT BEARING A DECLARED VALUE IN EXCESS OF THE ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION OF THE SEALED TERMS AND CONDITIONS AS TO SUCH SHIPMENT.
- REGARDLESS OF THE DECLARED VALUE OF A PACKAGE, OUR LIABILITY FOR LOSS, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION, WILL NOT EXCEED A SHIPMENT’S REPAIR COST, ITS DEPRECIATED VALUE OR ITS REPLACEMENT COST, WHICHEVER IS LESS.
- See the Liabilities Not Assumed section for other limitations and exclusions on our liability.
Section 23: Firearms
- Sealed will transport and deliver firearms, antique firearms and replica firearms, all as defined by the United States Gun Control Act of 1968, as well as muzzleloaders and black powder firearms (collectively “firearms”), between areas served in the U.S., but only between:
- Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
- Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).
- If your shipment contains firearms, select the Direct Signature Required or Adult Signature Required Delivery Signature Option, depending on the requirements of your shipment. See the Delivery Signature Options section for details. Firearms shipments are not eligible for signature release or indirect delivery.
- Upon presenting the package for shipment, the person tendering the shipment to Sealed is required to notify Sealed that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm.
- The shipper and recipient must be of legal age as identified by applicable law.
- The shipper and recipient are required to comply with all applicable government regulations and laws, including those pertaining to labeling. The Bureau of Alcohol, Tobacco, Firearms and Explosives can provide assistance.
- Sealed will transport ammunition when packed and labeled in compliance with local, state and federal law, and the Dangerous Goods section of this document. Ammunition is an explosive and must be shipped separately as dangerous goods. You agree not to ship loaded firearms or firearms with ammunition in the same package.
Section 24: Inspection of Shipments and Identification Requirement
We may, at our sole discretion, open and inspect any shipment without notice, where it is compliant with local, state, and federal law. We may, at our sole discretion, require the shipper to provide their government-issued photo identification prior to tendering a package to Sealed.
Section 25: Liabilities Not Assumed
SEALED WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE DECLARED VALUE OF A SHIPMENT, WHETHER OR NOT SEALED KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED.
In no event shall SEALED, including, without limitation, agents, contractors, employees and affiliates, be liable for any special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not Sealed had knowledge that such damages might be incurred.
We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting in whole or in part from:
- The act, default or omission of any person or entity, other than Sealed, including those of any local, state or federal government agencies.
- The nature of the shipment, including any defect, characteristic or inherent vice of the shipment.
- Your violation of any of the terms and conditions contained in the Sealed Terms and Conditions, as amended or supplemented, including, but not limited to, the improper or insufficient packing, securing, marking and addressing of shipments, or use of an account number not in good credit standing, or failure to give notices in the manner and time prescribed.
- Perils of the ground or air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), labor disruptions or shortages caused by pandemic conditions or other public health event or circumstances, natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to our personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).
- Our compliance or noncompliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the shipper or recipient, including requests made by the recipient for delivery options using the Sealed Delivery App.
- Our compliance or noncompliance with any request to intercept a shipment in transit, or to prevent delivery.
- Damage or loss of articles packaged and sealed by the sender or by person(s) acting at the sender’s direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient accepts the shipment without noting the damage on the delivery record.
- Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.
- The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver’s license numbers, credit card numbers and financial account information.
- Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
- Our failure to honor package-orientation graphics (e.g., “up” arrows, “this end up” markings), “fragile” labels or other special directions concerning packages.
- Your failure to ship goods in packaging approved by us prior to shipment where such prior approval is recommended or required.
- The shipment of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes, light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens, and glass containers such as those used in laboratory test environments.
- Your use of an incomplete, inaccurate or invalid Sealed Account or your failure to provide a valid Sealed Account in good credit standing in the billing instructions on shipping documentation.
- Our failure to notify you of any delay, loss or damage in connection with your shipment or any inaccuracy in such notice.
- Performance of any services will not constitute Resiolute Labs as the shipper’s or anyone’s agent for any purpose.
- Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items when not enclosed in outer packaging, or other general shipping containers caused by adhesive labels, soiling or marking incidental to transportation.
- The shipment of perishables, unless shipped in accordance with the Perishables section of these terms and conditions.
- The shipper’s failure to provide accurate delivery address information.
- Shipments of any plants and plant materials, ostrich or emu eggs, or live fish.
- The shipment of any alcoholic beverages or firearms if you fail to comply with the applicable terms and conditions.
- Damage to computers, or any components thereof, or any electronic equipment when shipped in any packaging other than packaginbg specifically designed to transport the device(s):
- Any shipment containing a prohibited item. (See the Prohibited Items section.)
- Our provision of packaging, advice, assistance or guidance on the appropriate packaging of shipments unless such advice, assistance or guidance has been approved in writing by Resoute Labs and the writing expressly accepts liability in the event of a damaged shipment.
- Failing to meet our delivery commitment for any shipments with an incomplete or incorrect address. (See the Undeliverable Shipments section.)
- Failing to deliver or not attempting to deliver a package within the delivery commitment time, if the shipper or recipient requested a later delivery or informed Sealed that the recipient location is closed or unavailable during the originally scheduled delivery time.
- Any package where Sealed records do not reflect that the package was tendered to Sealed by the shipper.
- Damages indicated by any shockwatch, tiltmeter or temperature instruments.
- Shipments released without obtaining a signature at residential addresses. (See the Delivery Signature Options and Signature Releases sections.) GG. Shipments released without obtaining a signature at addresses when release has been authorized by the shipper or recipient.
- Dangerous-goods shipments that the shipper did not properly declare, including proper documentation, markings, labels and packaging. Sealed will not pay a claim on undeclared or hidden dangerous goods and the Money-Back Guarantee does not apply.
Section 26: Limitations on Legal Actions
Any right you might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package shall be extinguished unless you file an action within one year from the date of delivery of the shipment or from the date on which the shipment should have been delivered.
Any right that you might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package shall be extinguished unless you first comply with all applicable notice periods and requirements in these terms and conditions including, but not limited to, the periods and requirements for providing notice under the Billing, Claims and Money-Back Guarantee Policy sections. You and we understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must plead compliance with those conditions precedent on the face of any complaint that you file against us. You and we agree that Sealed cannot be considered to have breached any obligation to you unless or until we wrongfully deny a claim submitted to us pursuant to the notice periods and requirements contained in these terms and conditions. Finally, you and we agree that you will comply with applicable notice periods and requirements even if you believe that such compliance will not result in relief from us or if you lack knowledge regarding whether such compliance will result in relief from us.
You agree that you will not sue us as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against us. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff.
To the extent that any court finds that state rather than federal law applies to any provision of this contract, the controlling law is the substantive law of the state in which you tendered your shipment to us.
The performance of any services does not make us an agent of the shipper or any third party for any purpose.
Section 27: Package Restrictions (Size and Weight)
Packages that weigh 40 lbs. or more, or exceed 60 linear inches (defined as the sum of length, width, and height), will be considered “oversize” packages, and an oversize charge will apply. There are three classes of oversize packages, as defined below:
|Level 1||40-49 lbs||or||60-79 in||$6|
|Level 2||50-59 lbs||or||80-99 in||$14|
|Level 3||60+ lbs||or||100+ in||$28|
The preceding table defines the additional fee that will be applied to oversize packages, depending size and weight. Oversize fees are seperate from standard receiving or delivery fees, membership fees, or any other fees that may be assessed. Oversized fees are assessed on an individual, per-package basis unless otherwise specified (i.e. two oversized packages delivered within the same delivery trip will each have independent oversize fees assessed, unless otherwise specified).
Section 28: Perishables
Shipments containing perishable articles must be packaged for a minimum transit time of at least 12 hours greater than our delivery commitment time for the shipment. Shipping perishable articles over a weekend or holiday is discouraged, and packaging such shipments for longer transit times is required. We recommend that you request delivery of perishable items immediately upon notification that we have recieved your items. We will not be held liable for spoiled perishables when delivery options are not immediately scheduled from within the Sealed Delivery App. Failure to use proper packaging releases us from any liability for spoiled perishables that we would otherwise assume (see the Liabilities Not Assumed section).
Section 29: Pharmaceuticals
You are responsible for complying with all applicable local, state and federal laws, regulations, ordinances and rules governing the shipment of pharmaceuticals. Packages containing pharmaceuticals must not have labels, markings or other written notice that a pharmaceutical is contained within.
Section 30: Plants and Plant Materials
You must ship plants and plant materials, including seedlings, plant plugs and cut flowers, in accordance with applicable local, state and federal laws. Packages containing these items may be inspected by government agencies, which may result in a delay in delivery or seizure by government inspectors. Sealed is not liable or responsible for damage, refunds or credits resulting from such delays or seizures. (See the Liabilities Not Assumed and Money-Back Guarantee Policy sections.)
Section 31: Dangerous Goods
All packages containing dangerous goods must comply with all applicable federal, state, and local laws. The shipper is responsible for complying with all packing requirements and appropriate marking and labeling of the package, documentation, as well as compliance with applicable local, state, and federal laws, regulations, ordinances and rules. The shipper is also responsible for ensuring the recipient complies with all applicable local, state and federal laws, regulations, ordinances and rules for applicable hazard classes.
Shippers must comply with all applicable local, state and federal laws governing packing, marking and labeling of shipments of blood and blood products, regardless of whether they are infectious.
Sealed Delivery Services may not be used to ship dangerous goods, unless Sealed has preapproved the shipment in writing. Dangerous goods include, but are not limited to dry ice, lithium batteries, biological substances (i.e. blood, urine and other specimens containing infectious substances), certain chemicals, toxins, weapons, explosives, flammable substances, etc... The shipper assumes sole responsibility for compliance with all applicable governmental regulations.
We have the right to refuse any package with an odor or any package that is wet or leaking. If a dangerous goods shipment damages or contaminates any property, the shipper is solely responsible for and will reimburse and indemnify Sealed for any and all costs, fees, and expenses it incurs in connection with the cleanup of such damage or contamination.
Section 32: Prohibited Items
You are prohibited from tendering the following items for shipment, and you agree not to do so:
- Cash and currency.
- Live animals, except as provided in the Animals, Ornamental Marine Life (Including Live Fish) and Animal Carcasses section. (Edible seafood, such as live lobsters, crabs or other types of fish and shellfish for human consumption, is acceptable, provided the shipper is in compliance with all local, state and federal laws.)
- Animal carcasses, except as provided in the Animals, Ornamental Marine Life (Including Live Fish) and Animal Carcasses section. (This restriction does not apply to properly packaged meat or poultry products intended for human consumption.)
- Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
- Shipments that require us to obtain a local, state or federal license for their transportation.
- Shipments that may cause damage or delay to equipment, personnel or other shipments.
- Items resembling a bomb, hand grenade or other explosive device, except as provided in the Dangerous Goods section. This includes, but is not limited to, inert products such as novelty items, training aids and works of art.
- Bump fire stocks and other rapid-fire trigger activators.
- Ghost guns and other firearms not containing a serial number.
- Any firearm or other weapon manufactured using a 3-D printing machine.
- 3-D printing machines designed, or that function exclusively, to manufacture firearms.
- Lottery tickets and gambling devices where prohibited by law.
- Hazardous waste. This includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste.
- Packages that are wet, leaking or emit an odor of any kind.
- Live insects.
- Shipments or commodities that are prohibited by applicable local, state or federal law.
- Counterfeit goods, including, but not limited to, goods under a trademark that is identical to or substantially indistinguishable from a registered trademark, without the approval or oversight of the registered trademark owner (also commonly referred to as “fake goods” or “knock-offs”).
- Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha.
- Any substance that has not been approved for a medical use by the U.S. Food and Drug Administration and also has been listed as a Drug or Chemical of Concern by the U.S. Drug Enforcement Administration, including, but not limited to, kratom and Salvia divinorum.
- Waste or garbage for disposal.
- Dangerous goods, including Common Fireworks (Division 1.4 explosives).
Section 33: Refusal or Rejection of Shipments
We reserve the right to refuse, hold or return any shipment and may do so at our sole discretion and without liability to us. We will execute that right when (but not limited to cases in which): (1) the shipment may cause damage or delay to other shipments, property or personnel; (2) the shipment is likely to sustain damage or loss in transit because of improper packaging or otherwise; (3) the shipment contains any prohibited items; (4) the account of the person or entity responsible for payment is not in good credit standing; (5) when acceptance of the shipment may jeopardize our ability to provide service to other customers; or (6) when Sealed is unable to validate the identity of the shipper. We have no liability whatsoever for refusal or rejection of shipments.
Section 34: Undeliverable ShipmentsAn undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
- The recipient refuses to accept the shipment prior to, during or after delivery.
- The recipient’s delivery address cannot be located.
- The shipment was addressed to an area not served by Sealed Delivery Services.
- The shipment’s contents or packaging are damaged to the point that rewrapping is not possible.
- The shipment would likely cause damage or delay to other shipments or property or injury to personnel.
- The shipment contains prohibited items.
- The recipient’s delivery address is closed, unavailable, or otherwise impeded.
- No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts.
- The shipment was improperly packaged.
If a package shipment is undeliverable for any reason, we will attempt to notify the shipper to arrange for the shipment’s return. The charges associated with the original delivery remain due and payable within 15 days from the invoice date.
Sealed reserves the right, at its sole discretion, and without notice, to sell, destroy or otherwise dispose of undeliverable shipments. By tendering a shipment, the shipper agrees to transfer and convey good and sufficient title of the contents of undeliverable shipments to Sealed, and agrees to pay any costs incurred in the sale, destruction or disposal thereof.