TERMS OF SERVICE



Updated: November 2017

Welcome to Interstate Courier Service. The Interstatecourier.net website, (the “Website”), and associated services and other services offered by Interstate Courier Service are owned and operated by Interstate Courier Service, Inc. (“Interstate Courier Service” “we” or “us”). The Website provide a means to enable persons or enterprises (“you” or the “Customer”) who seek same-day courier services to certain destinations (“Services”) to be matched with registered couriers, who may be Interstate Courier Service employees or independent contractors (“Couriers”).

THE FOLLOWING AGREEMENT DESCRIBES THE TERMS OF SERVICE UPON WHICH INTERSTATE COURIER SERVICE OFFERS YOU ACCESS TO AND USAGE OF OUR SERVICES.

These terms of service (these “Terms”) constitute a legal agreement between you and Interstate Courier Service. In order to use the Services you must agree to these Terms. By using or receiving any Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as provided herein.

CHANGES TO TERMS OF SERVICE

We reserve the right to modify these Terms or its policies relating to the Service at any time, effective upon posting of an updated version of these Terms. You are responsible for regularly reviewing these Terms. Continued use of any Service after any such changes will constitute your consent to such changes.

PRIVACY

You should carefully read our full Privacy Policy before using the Services as it is hereby incorporated into these Terms by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process such information, within the terms of the Privacy Policy.

LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY

Subject to your compliance with these Terms, Interstate Courier Service hereby grants you a limited, nonexclusive, non-transferable license: (i) to view, download and print any publicly available Interstate Courier Service content solely for your personal and non-commercial purposes; and (ii) to view any other content on the Dropoff Platform to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, except as expressly permitted herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Interstate Courier Service or its licensors, except for the licenses and rights expressly granted herein.

USER AGREEMENT, REPRESENTATIONS AND RESTRICTIONS

You further represent, warrant and covenant that: (i) you are at least 18 years old and have the power, and authority to enter into and perform your obligations under these Terms; (ii) all information you provide to Interstate Courier Service, including Credit Card information, is truthful, accurate and complete; (iii) you are authorized, or have the permission of the authorized signatory of the Credit Card used to pay any Fees incurred from use of the Services; and (iv) you have provided and will provide accurate and complete registration information.

You are not permitted, directly or indirectly, to: (x) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Interstate Courier Service or the copyright owner; or (y) distribute, display (except as otherwise set forth herein), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the website content, in whole or in part; or (z) remove any proprietary notices or labels on the website.

By using the Services, you agree that you:

will only use the Services for lawful purposes; will not use the Services for sending or storing any unlawful material or for fraudulent purposes; will not use the Services to cause nuisance, annoyance or inconvenience; will not impair the proper operation of the network; will not try to harm the Services in any way whatsoever; will provide us with whatever proof of identity we may reasonably request; will only use an access point or data account that you are authorized to use; and are aware that when requesting services using SMS, standard-messaging charges will apply.

RIGHT TO TERMINATE

We reserve the right to terminate or restrict your Account, these Terms, or the use of any or all of the Interstate Courier Service and Services, without notice, for any reason. You agree that Interstate Courier Service will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these Terms.

TERMS OF CARRIAGE

You further agree to the following “Terms of Carriage” for all Interstate Courier Service Services provided. These Terms of Carriage apply to Interstate Courier Service, it’s Couriers, employees, and contractors.

PACKAGE SIZE AND WEIGHT

- Our pricing estimates are based on deliveries that are less than 40 pounds and can fit easily in a passenger car, van or SUV. Packages that require special handling due to their cubic volume, shape, size, or weight over 40 pounds will require additional coordination and may be subject to additional charges or delivery time.

PACKAGES NOT PREPARED FOR SHIPPING

- A Courier will arrive to pick up your package at a time based on the estimated time of arrival (“ETA”) quoted to you. If your package is not ready for pickup within 5 minutes of the quoted ETA or the Courier arriving (whichever is later), or if your shipment is improperly packaged and the Courier incurs a delay waiting for the package to be properly prepared, your dropoff may need to be rescheduled at the Courier’s sole discretion, or Interstate Courier Service may elect to charge an additional $0.50 USD per minute until the package is ready for pickup or adequately prepared for shipping.

RESTRICTED ITEMS

- The following items are also restricted and may not be acceptable for shipment by Interstate Courier Service: firearms; fireworks; tobacco products; flammable or dangerous goods or hazardous materials (except dry ice); money, cash, coins, currency, paper money, endorsed stocks, bonds and cash letters; live humans or animals of any kind; fragile or very expensive or rare items; human corpses and/or cremated remains; used hypodermic needles and syringes or medical waste; packages that require us to obtain a federal state or local license for transportation; packages that may cause damage or delay to equipment, personnel, or other packages; gaming devices (such as lottery tickets) where prohibited by federal, state or local laws; packages whose carriage is prohibited by law, statute or regulation of the state in which the package may travel; stolen goods; any items which you do not have the right, standing or permissions to ship.

DANGEROUS GOODS

- Interstate Courier Service does NOT provide services for shipping Dangerous Goods or Hazardous Materials. We do accept dry ice shipments and bio-medical materials.

Dry ice shipments - prepared in accordance with IATA regulations - do not require a “Shipper’s Declaration,” and there is no special handling fee for transporting dry ice at this time. However, dry ice must be entered under the “Special Instructions” section of our order form. All dry ice shipments require package marking and labeling.

Blood, urine, bodily fluids, and other liquid specimens containing infectious substances, are considered “Dangerous Goods.” Non-infectious blood, urine, bodily fluids, and other liquid specimens must be packed to meet specific applicable local, state and federal laws. Shippers must also comply with all applicable local, state and federal laws governing packing, marking and labeling of shipments of blood and blood-related products regardless of whether they are infectious.

Any package with an odor or any package that is wet or leaking will NOT be accepted for carriage. If a shipment damages or contaminates any property, the shipper will be held responsible for and will reimburse Dropoff for any and/or all costs, fees and expenses incurred in connection with such damage or contamination.

The United States Department of Transportation (“DOT”) regulates the movement of “Dangerous Goods” by all modes of transportation. When Interstate Courier Service encounter improperly declared or undeclared shipment of “Dangerous Goods,” we are required by law to report the packages to the DOT. Penalties for such shipments can range up to $500,000 and five years in jail.

RIGHT OF REFUSAL

- Interstate Courier Service and its Couriers reserve the right to refuse, hold, or return a package at all times. A package may be refused if:

the package could potentially cause damage to other packages, equipment, or employees or contractors; the package is likely to sustain damage or loss during transit, as solely determined by Interstate Courier Service or its Couriers;carriage of the package requested may violate these Terms;carriage of the package may be in violation of local, state, or federal laws; oracceptance of the package may place in jeopardy our ability to provide service to another customer.

COD DELIVERIES

- Interstate Courier Service and its Couriers do not offer Collect on Delivery (“COD”) service under any circumstances. Please do not ask our Couriers to pay for items at pickup and wait to be compensated for out-of-pocket payments upon delivery.

CLAIMS

Any claims for missing or damaged goods in excess of $100 in value must be submitted in writing by the sender within 10 business days from the time of delivery or the claim will be deemed waived by the shipper.

All claims must include the order or tracking number, pickup date, description of product missing or damaged, and the dollar value (USD) of the item(s).

Interstate Courier Service will not be liable for any concealed damages, as the Customer is responsible for properly packing and sealing items, and we do not inspect the viability of such packaging prior to accepting goods for at pickup.

A delivery signature or photo documentation will be considered prima facie evidence that the shipment and all of its contents were delivered intact and undamaged.

Any claim of damage for an amount over $250 in value, shipper agrees to hold Dropoff harmless against any such claim without respect to cause of damage, including negligence.

Claims for damages to goods that do not meet all other Terms of Carriage will not be considered valid claims.

CANCELLATIONS

- Once a Courier has accepted a submitted request, any cancellation or changes must be made before the Courier arrives at the Pickup Address. If the delivery is cancelled any time after arrival at the Pickup Address, the full charge may apply.

RE-DELIVERY ATTEMPTS

- If the recipient is not available or if the delivery address provided cannot be found at the time of delivery we will attempt to contact both the recipient and sender for instructions. We will not leave a delivery unattended or unacknowledged without the express verbal permission of the sender. If, after reasonable attempts, the Courier is unable to complete the delivery, we will return the delivery to the sender. Return to sender trips, re-routing and any re-delivery attempts will result in additional charges to the sender.

WRONG OR RE-ROUTED ADDRESSES

- Interstate Courier Service will attempt to compete delivery to the address provided by the sender at the time of order submission. It is the sender’s sole responsibility to provide Dropoff with the correct destination address for the intended recipient, and the sender agrees that Dropoff will not be responsible for any losses, damages or other issues caused by delivery to the address provided by the sender. A signature from an adult at the submitted destination address will serve as evidence of the completion of delivery as agreed upon, if requested.

In the case that the sender provides Interstate Courier Service with the wrong destination address, or its Couriers will attempt to contact the shipper and receiver to obtain the correct destination address. Additional charges may be incurred for any delays due to incorrect shipping information.

Re-routing requests placed once a package is in transit will be honored, but may be subject to additional delivery charges, hold fees, or delays.

REJECTION OF DELIVERY

- If the recipient refuses to accept delivery of a package, we will, when feasible, contact the sender for instructions on returning or disposing of the package. If the sender requests return of the package, the sender will incur further charges for the return of the package subject to standard rates. If a package cannot be delivered to the original recipient, or returned to the original sender, the package may be held, transferred or disposed of by Interstate Courier Service in its sole discretion, with or without notice, and the shipper agrees to pay any costs incurred in the package hold, transfer, or disposal.

INSPECTION

- We may, but are not obligated to, open and inspect any package or shipment at our sole discretion without prior notice.

COURTESY QUICK QUOTE

- The courtesy rate reflected in the “Quick Quote” provided by us, if shown, may be different than the actual final charges for your delivery. Differences may occur based on actual weight, dimensions, time, distance, and other factors. Consult the applicable Dropoff FAQ for details on how shipping charges are calculated and quoted.

PAYMENT, PRICING AND PROMOTIONS

Any Fees are due immediately and are non-refundable, unless a prior invoicing arrangement has been made with Interstate Courier Service. Dropoff reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.

Interstate Courier Service may make promotional offers to some or all of its customers. These offers may include different features and rates. Unless offered to you, these promotional offers will not change your existing rates or contract. Interstate Courier Service may change its Fees at any time for any reason.

THIRD PARTY INTERACTIONS

During use of the services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Interstate Courier Service and its licensors will have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party. Interstate Courier Service does not endorse any sites on the Internet that are linked through the website, and in no event will dropoff or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of goods and services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Dropoff disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

Interstate Courier Service may utilize third party advertising and marketing supplied through the website and other mechanisms to subsidize the Services. By agreeing to these Terms you agree to receive such advertising and marketing. Interstate Courier Service may compile and release information regarding you and your use of the website or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the website.

INDEMNIFICATION

You agree that you will defend, indemnify and hold Interstate Courier Service, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Couriers, or (c) your use or misuse of the Service.

DISCLAIMER OF WARRANTIES

INTERSTATE COURIER SERVICE DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INTERSTATE COURIER SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INTERNET DELAYS

THE INTERSTATE COURIER SERVICE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. INTERSTATE COURIER SERVICE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

LIMITATION OF LIABILITY

IN NO EVENT WILL INTERSTATE COURIER SERVICE OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). DROPOFF AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE OR SERVICE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM, EVEN IF INTERSTATE COURIER SERVICE OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTICE

Interstate Courier Service may give notice by means of a general notice on the website, electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record. Any notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Interstate Courier Service at any time by any of the following: letter sent by confirmed facsimile to Interstate Courier Service at the following fax numbers (whichever is appropriate): (941) 639 9290; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Interstate Courier Service at the following addresses (whichever is appropriate): 318 Tamiami Trail #218, Punta Gorda, FL 33950. All notices sent by you will be deemed given when actually received by Interstate Courier Service.

ELECTRONIC COMMUNICATIONS

By using any portion of the Interstate Courier Service Website and Services, you agree to receive notices and electronic communications from Interstate Courier Service. These communications may include information about your Account or information related to the Interstate Courier Service Website, Service, and features. You agree that any notice, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

DISCLOSURE AND INJUNCTIVE RELIEF

Interstate Courier Service may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Interstate Courier Service Website and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Interstate Courier Service rights or property, or the rights or property of visitors to or users of the Interstate Courier Service Website and Services, including Interstate Courier Service customers. Interstate Courier Service reserves the right at all times to disclose any information that Interstate Courier Service deems necessary to comply with any applicable law, regulation, legal process or governmental request. Interstate Courier Service may also disclose your information when Interstate Courier Service determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Interstate Courier Service, for which monetary damages would be inadequate, and you consent to Interstate Courier Service obtaining any injunctive or equitable relief that Interstate Courier Service deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Interstate Courier Service may have at law or in equity.

DISPUTE RESOLUTION

These Terms and any dispute arising out of or related to it or the Website or Services will be governed in all respects by the law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Interstate Courier Service must be resolved exclusively by a state or federal court, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts for the purpose of litigating all such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.

SEVERABILITY

You and Interstate Courier Service agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.

ASSIGNMENT

Interstate Courier Service may assign or delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Interstate Courier Service prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

ENTIRE AGREEMENT

These Terms and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Interstate Courier Service, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Interstate Courier Service with respect to the Website and Services.

NO WAIVER

The failure of Interstate Courier Service to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them will not be construed as a waiver or relinquishment of Interstate Courier Service right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Interstate Courier Service of any provision, condition, or requirement of these Terms or the Privacy Policy will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Interstate Courier Service will be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Interstate Courier Service.

FORCE MAJEURE

Interstate Courier Service will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Interstate Courier Service control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

CONTACT US

If you have a question or concern about these Terms of Service, please contact Interstate Courier Service Support by mail:

Interstate Courier Service, Inc.

Attn: Customer Service

318 Tamiami Trail #218

Punta Gorda, FL 33950