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Terms & Conditions


 
TERMS AND CONDITIONS
 
The following terms and conditions (hereinafter collectively, "terms of service", "terms of use", "agreement", and "privacy and security policy") govern all use of the AAAInternationalShipping.com website (hereinafter collectively, "website" and "site") and all content, services and products available at or through the website. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website. There may be additional terms and conditions provided throughout the website governing your use of particular functions, features, information and applications available through the website. AAA International Shipping, LLC (hereinafter collectively, "AAA International Shipping", "AIS", "company", "we", "us", or "ours") requires that visitors and users of the website accept and agree to all terms and conditions. By accessing or using any part of the website on behalf of yourself and/or the entity you represent (hereinafter collectively, "customer", "you" or "your") you acknowledge and confirm your full acceptance and agreement to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website.


I. Terms and Conditions of Service

(Approved by the National Customs Brokers 
and Forwarders Association of America, Inc.)

These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and conditions set forth in such other documents(s) shall govern those services.

1. Definitions

(a) "Company" shall mean AAA International Shipping, LLC its subsidiaries, related companies, agents and/or representatives;

(b) "Customer" shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;

(c) "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form:

(d) "Ocean Transportation Intermediaries" ("OTI") shall include an "ocean freight forwarder" and a "non-vessel operating carrier";

(e) "Third parties" shall include but not be limited to, the following" "carriers, truckmen, cartmen, lighterment, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".

2. Company as agent. The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export documentation on behalf of the Customer and other dealings with Government Agencies: as to all other services, Company acts as an independent contractor.

3. Limitations of Actions

(a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company, within ninety (90) days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.

(b) All suits against Company must be filed and properly served on Company as follows:

(i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;

(ii) For claims arising out of air transportation, within two (2) years from the date of the loss;

(iii) For claims arising out of the preparation and/or submission of an import entry(s), within seventy five (75) days from the date of liquidation of the entry (s);

(iv) For any and all other claims of any other type, within two (2) years from the date of the loss or damage

4. No Liability for the Selection or Services of Third Parties and/or Routes. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route, and procedure to be following in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with the respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any action(s) and/or inactions(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents, in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.

5. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.

6. Reliance on Information Furnished

(a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the Customs Service, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf;

(b) In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to insure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export, or enter the goods.

7. Declaring Higher Value to Third Parties. Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the goods may be tendered to the third party, subject to the third party’s limitations of liabilities and/or terms and conditions of service.

8. Insurance. Unless requested to do so in writing and confirmed to the Customer in writing, Company is under no obligation to procure insurance on the Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.

9. Disclaimers, Limitations of Liability.

(a) Except as specifically set forth therein, Company makes no express or implied warranties in connection with its services;

(b) Subject to (c) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties;

(c) In connection with all services performed by the Company, Customer may obtain additional liability insurance, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).

(d) In the absence of additional coverage under (b) above, the Company’s Liability shall be limited to the following:

(i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or

(ii) where the claim arises from activities related to "Customs business," $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less;

(e) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory, or punitive damages even if it has been put on notice of the possibility of such damages.

10. Advancing Money. All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.

11. Indemnification/Hold Harmless. The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or Liability arising from the importation or exportation of customers merchandise and/or any conduct of the Customer which violates any Federal, State and/or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reasons of such claims; in the event that any claim, suit, or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.

12. C.O.D. or Cash Collect Shipments. Company shall use reasonable care regarding written instructions relating to "Cash/Collect" or "Deliver (C.O.D.)" shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit, and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.

13. Costs of Collection. In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, Including reasonable attorney’s fees and interest at 18% per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by Company.

14. General Lien and Right to Sell Customer’s Property.

(a) Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual or constructive Possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;

(b) Company shall provide written notice to Customer if it intends to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the exercise of such lien.

(c) Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.

15. No Duty to Maintain Records For Customer. Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC § 1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a "record keeper" or "recordkeeping agent" for Customer.

16. Obtaining Binding Rulings, Filing Protests, etc. Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action, including but not limited to, obtaining binding rulings, advising of liquidations, filing petition(s) and/or protests, etc.

17. Preparation and Issuance of Bills of Lading. Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer.

18. No Modification or Amendment Unless Written. These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company. Any attempt to unilaterally modify, alter or amend same shall be null and void.

19. Compensation Of Company. The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.

20. Severability. In the event that any Paragraph(s) and/or portions(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.

21. Governing Law. Consent to Jurisdiction and Venue. These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of Florida without giving consideration to principals of conflict of law.

Customer and Company

(a) irrevocably consent to the jurisdiction of the United States District Court and the State Courts of Florida in Orange County, Florida

(b) agree that any action relating to the services performed by Company, shall only be brought in said courts;

(c) consent to the exercise of in personam jurisdiction by said courts over it, and

(d) further agree that any action to enforce a judgment may be instituted in any jurisdiction

(Revised 01/00)


II. Additional Terms of Service

1. A deposit of one hundred fifty dollars ($150.00) would be required to begin processing your order. Administrative fee of thirty five dollars ($35.00) would be charged for cancelled orders. If a truck has been dispatched to pick up your shipment before you cancel, the $100 deposit would be non-refundable. For nationwide vehicle shipping, your order can be prepaid by credit card, money order, or cashier's check; or the balance can be paid at time of pick-up or delivery by cashier's check or money order. For international shipping, if we are arranging the delivery of your shipment to the port, this portion must be prepaid. The ocean freight portion of your shipment may be prepaid or paid collect at your destination.

2. For international shipping, property insurance coverage is not automatically provided with your shipment. The carrier provides limited marine cargo insurance, which may only cover a minimal amount of your property's damages, if damaged during shipment. You may purchase marine cargo insurance for your shipment for an additional charge prior to shipping. Any claims will be processed in accordance with the terms and conditions of the insurance company or underwriter.

3. For nationwide vehicle shipping or inland shipping to the port:

  • Insurance coverage is provided by the carrier for the shipment specified on the order form. Any personal items packed in the vehicle are not covered by the insurance provided by the carrier. Any damage occurring during transit must be indicated on the straight bill of lading and acknowledged by signature of the driver. If the vehicle is too dirty for the driver to do a complete visual inspection, the carrier will not be liable for any damages to the vehicle. Any claims for damage must be submitted verbally within forty eight (48) hours of delivery and in writing within ten (10) days of delivery. Pictures and two estimates for repair must be submitted within ten (10) days of delivery. Any claims will be processed in accordance with the terms and conditions of the carrier's underwriting insurer. AAA International Shipping will assist you in the processing of any claims for damages. However, AAA International Shipping will not be held liable or accept responsibility for any negligence or damages caused by the carrier.

  • It is the responsibility of the shipper to make accommodations to personally meet or have a designated person meet the driver at the pick-up and delivery locations specified on the order form for vehicle inspection and signing of the straight bill of lading. In cases of unsafe loading and unloading areas, it may be necessary to alter the pick-up and delivery location to a nearby safe location. The bill of lading must be signed at pick-up and delivery.

  • If the carrier is not advised of inoperable or oversized vehicles prior to pick up, all extra charges must be paid in cash or certified check on delivery.

  • The carrier is not responsible for vandalism, acts of god (fire, flooding, hail, sand storm, tornadoes, etc) or objects flying from the road during transit. The shipper should maintain their own comprehensive insurance coverage for these reasons.

  • This order is subject to all terms and conditions of the carrier's straight bill of lading. A copy of the straight bill of lading will be provided at pick-up and delivery. You may request a copy of the straight bill of lading for its terms and conditions once the pick-up details have been confirmed.

4. By submitting your order, you agree to the term and conditions (in lieu of your signature) found here on our website; and you agree to pay the price(s) quoted for your shipment and will not seek to stop payment and/or reverse a credit card charge due to any damage to your shipment or any other reason. Federal transportation agency regulations require claims for damages must be filed in writing and all tariffs be paid in full before a claim can be processed.

If you have any questions about our company, this website, or this "additional terms of service", please contact us by clicking on the contact us link on this website.

 (Revised 6/1/2009)

PLEASE READ CAREFULLY AND UNDERSTAND ALL TERMS
AND CONDITIONS BEFORE USING ANY OF OUR SERVICES

(Please contact us with any questions)

 
III. Terms of Use

1. Your Account and Website – If you create or have an account on the website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify AAA International Shipping of any unauthorized uses of your account or any other breaches of security. AAA International Shipping will not be liable for any acts or omissions, including any damages of any kind incurred as a result of such acts or omissions. AAA International Shipping services should not be used for unlawful purposes or promotion of dangerous or illegal activities.

2. Responsibility of Website Visitors – AAA International Shipping has not reviewed, and cannot review, all of the material, including computer software, press releases, articles, and comments, posted to the website, and cannot therefore be responsible for that material's content, use or effects. By operating the website, AAA International Shipping does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AAA International Shipping disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content they posted.

3. Content Posted on Other Websites – We have not reviewed, and cannot review, all of the material, including computer software, press releases, articles, and comments made available through the websites and web pages to which AAAInternationalShipping.com (and/or other domain name/s associated with AAAInternationalShipping.com, such as AAAshipnow.com, AAALogisticsGroup.com, AAALG.com, etc., hereinafter referred to as AAAInternationalShipping.com) links, and that link to AAAInternationalShipping.com. AAA International Shipping does not have any control over those non-AAAInternationalShipping.com websites and web pages, and is not responsible for their contents or their use. By linking to a non-AAAInternationalShipping.com website or webpage, AAA International Shipping does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AAA International Shipping disclaims any responsibility for any harm resulting from your use of non-AAAInternationalShipping.com websites and web pages.

4. Copyright Infringement – As AAA International Shipping asks others to respect its intellectual property rights, it respects the intellectual property rights of others. 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 U.S. copyright law. If you believe in good faith that materials hosted by AAA International Shipping infringe your copyright, you (or your agent) are encouraged to notify AAA International Shipping by clicking on the "Contact Us" link requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow AAA International Shipping to locate the material on the website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. AAA International Shipping will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. If you believe in good faith that a notice of copyright infringement has been wrongly filed by AAA International Shipping against you, the DMCA permits you to send AAA International Shipping a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of AAA International Shipping or others, AAA International Shipping may, in its discretion, terminate or deny access to and use of the website.

5. Intellectual Property – This agreement does not transfer from AAA International Shipping to you any AAA International Shipping or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AAA International Shipping. AAA International Shipping logo, and all other trademarks, service marks, graphics and logos used in connection with AAA International Shipping or the website are trademarks or registered trademarks of AAA International Shipping or AAA International Shipping licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any AAA International Shipping or third-party trademarks.

6. Privacy and Information Disclosure – AAA International Shipping generally treats electronic messages as private. Your use of the AAAInternationalShipping.com website or any of the services of AAA International Shipping signifies acknowledgement of and agreement to our privacy and security policy. Please see AAA International Shipping’s privacy and security policy for a description of the privacy, security and related policies of the website. You further acknowledge and agree that AAA International Shipping may, in its sole discretion, preserve or disclose your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms and conditions; and (iii) protect the rights, property, or personal safety of AAA International Shipping, its users or the general public. In additions, the Electronic Communications Privacy Act of 1986 (the "ECPA") permits AAA International Shipping limited ability to intercept or disclose electronic messages, including, for example: (i) as necessary to operate the system or protect AAA International Shipping 's rights or property; (ii) upon legal demand (court orders, warrants, subpoenas) or as otherwise required by law or regulation; or (iii) where AAA International Shipping receives information inadvertently which appears to pertain to the commission of a crime. You should be aware that electronic messages may be intercepted lawfully or unlawfully outside of AAA International Shipping's system. In addition, although AAA International Shipping has implemented certain security measures, AAA International Shipping cannot guaranty that its system or stored data of a member shall be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.

7. Use of Company Name – You grant AAA International Shipping the right, at AAA International Shipping 's option and expense, to use the name of the entity you represent (if any), including reproduction of such entity's trademark, trade name, service mark and logo, for advertisements and on other marketing materials of AAA International Shipping.

 8. Revisions – AAA International Shipping reserves the right, at its sole discretion and at any time with or without notice, to modify, update, delete or replace any part of this agreement. Therefore, we suggest that you (and it’s your responsibility to) visit and check this agreement periodically to determine they have been revised. Such changes shall be effective when posted on the website and your continued access or use of the website following the posting of any changes to this agreement constitutes acceptance of such changes. In addition, when using a particular service of AAA International Shipping, you agree to abide by any applicable posted guidelines for all such services, which may also change from time to time with or without notice. AAA International Shipping may also, in the future, offer new services and/or features through the website (including, the release of new services, tools, features and resources). Such new services, tools, features and/or resources shall be subject to the terms and conditions of this agreement.

9. Termination – AAA International Shipping may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or AAA International Shipping account (if you have one), you may simply discontinue using the website. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Disclaimer of Warranties – The website is provided on AS IS and AS AVAILABLE basis. AAA International Shipping and its sponsors, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, availability, timeliness, security or reliability. Neither AAA International Shipping nor its sponsors, suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

11. Limitation of Liability – In no event will AAA International Shipping or its sponsors, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; and (iii) for interruption of use or loss or corruption of data.

12. General Representation and Warranty – You represent and warrant that (i) your use of the website will be in strict accordance with the AAA International Shipping privacy and security policy, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside or any other laws, rules and regulations) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification – You agree to indemnify and hold harmless AAA International Shipping, its officers, agents, employees, its subsidiaries, affiliates, contractors, sponsors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, arising out of your use of the website or AAA International Shipping Services, including but not limited to out of your violation of this agreement.

14. Arbitration of Disputes and Legal Action: AAA International Shipping and Customer agree that any disputes and or claims relating to services provided by AAA International Shipping and/or a third party including but not limited to issues of weight, class, size, damage and or service, will be resolved with binding arbitration, to be keep confidentially between AAA International Shipping and Customer. Both parties agree that the arbitration will be decided by one arbitrator, in accordance with the Code of Procedure of the National Arbitration Forum ("NAF"), and that the arbitration will be in Orange County, Florida. All parties including AAA International Shipping, the Customer and the third party agree that the venue for any legal action relating to services provided by AAA International Shipping or its website AAAInternationalShipping.com shall be filed exclusively in the County Court of Orange County, Florida or in the United States District Court for the Middle District of Florida, and in the English language. Customer shall be liable for all legal and collection fees. The decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and/or arbitration and attorneys' fees.

15. Language – It is the express will of the parties that this agreement and all related documents have been drawn up in the English language. Even though the website may offer a translation of its content (including the translation of this agreement) in languages other than English, all parties agree that this agreement shall be construed as expressed in the English language. (Es la voluntad expresa de las partes que este acuerdo y todos los documentos relacionados se han redactado en el idioma Inglés. A pesar de que la Pagina web puede ofrecer una traduccion de su contenido (incluida la traduccion de esta acuerdo) en idiomas distintos del Ingles, todas las partes aceptan que este acuerdo se entenderan expresadas en el idioma Ingles.); (C’est lavonte expresse des parties que le present accord et tous les documents connexes ont ete rediges dans la langue anglaise. Même si le site peut proposer une traduction de son contenu (y compris la traduction de cet accord) dans d'autres langues que l'anglais, toutes les parties conviennent que cet accord ne doit être interprété tel qu'il est exprimé dans la langue anglaise.)

16. Miscellaneous and General – This agreement constitutes the entire agreement between AAA International Shipping and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of AAA International Shipping, or by the posting by AAA International Shipping of a revised version. Any waiver of these terms of service by AAA International Shipping shall only be effective if in writing and signed by an authorized officer of AAA International Shipping. AAA International Shipping has the right, but is not obligated, to strictly enforce any of the terms and conditions through any or all means. AAA International Shipping's failure to act with respect to a breach of these terms of service by you or others does not waive AAA International Shipping's right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these terms of service. These terms of service constitute the entire agreement between you and AAA International Shipping, and supersede all other written and oral communications or agreements, with regard to the website and its services. The website is available only to individuals who are at least 18 years old. If you do not agree to all the terms and conditions and the website guidelines and/or if you are not at least 18 years old, then you may neither access the website nor use any of the services. These terms of service, any access to or use of the website shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. Any claim or cause of action by you against AAA International Shipping with respect to your access or use of the website and its services or your account shall be brought in the federal or state courts of Orange County, Florida within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these terms of service, you acknowledge and agree that AAA International Shipping shall be entitled to seek injunctive relief or other equitable relief for any breach of these terms of service. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AAA International Shipping may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. If any provision of this agreement is found to be unenforceable or invalid, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. Accessing or using the website shall constitute effective execution and delivery by you of this agreement.

If you have any questions about our company, this website, or this "terms of use", please contact us by clicking on the contact us link on this website.

 (Revised 6/1/2009)

PLEASE READ CAREFULLY AND UNDERSTAND ALL TERMS
AND CONDITIONS BEFORE ACCESSING OR USING THE WEBSITE

(Please contact us with any questions)

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