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

Our Privacy Policy, available at https://shipdude.com/ is a part of this contract and separately explains our obligations to protect your data and personal information. It also covers what choices you can make about getting or deleting the personal information we keep as part of our service. So, please read that carefully, and if you have any concerns, follow the links and instructions it provides.

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

Now for the details…

AGREEMENT BETWEEN CUSTOMER AND SHIP DUDE LLC

You, our customer, are really important to us. So, we have to make sure we are legally able to help you.

We can provide our services only if you are over sixteen (16) years old and agree to use our shipping, labeling and other services for legitimate purposes (for instance, you are not shipping anything illegal).

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

  • Are sixteen (16) years of age or older and are legally able and competent to enter into these Terms of Use (we’ll call them the “Terms”),
  • Will only use the Ship Dude website to make legitimate purchases of courier services for legal shipping of products and documents on your own behalf or for another person for whom you are legally authorized to act (a “Third Party”); and
  • Will be bound by these Terms, which we may update and amend from time to time.

If you do not agree to the Terms, you can not use or purchase any third-party courier services through the Ship Dude website.

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

What We Do; Our Services

We provide the Ship Dude website (“Website”) to assist you, our customers, in comparing, selecting, and purchasing third party courier services and postage, compiling and reviewing your shipping history, and resolving any questions via our customer support services. We will call these our “Services”. We provide the Services for the legal shipping of products and documents nationally and internationally or otherwise transacting business with courier services, and for no other purposes.

When we refer to “we,” “us,” “our” and “Ship Dude,” we refer to Ship Dude LLC, a Utah entity, and its subsidiaries and corporate affiliates. The term “you” refers to the customer visiting the Website and/or purchasing third-party courier services through us on this Website, or through our partners and customer service agents.

Ship Dude is an Intermediary

Ship Dude serves only as an intermediary between you and couriers like the United States Postal Service (“USPS”). We only provide you with a platform to order their postage, shipping products and services. We do not provide the courier services ourselves. We do not transport, ship, deliver, or otherwise provide any service beyond simply reselling postage, labels and the Services we list on the Website.

When we display service options on our Website offered by couriers like the United State Postal Service, this does not mean that we recommend, approve or sponsor that courier or that courier’s service options. We also cannot guarantee the quality of those services. Your interaction with any courier accessed through the Website is at your own risk.

You agree that Ship Dude has no control over the couriers listed on the Website, and is not responsible for the accuracy, timeliness, or thoroughness of information on the Website related in any way to couriers or their Services. You acknowledge that Ship Dude will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such courier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the courier.

It is your responsibility to find, open, read, understand, and accept the terms, conditions, or rules of purchase of any courier you select for shipping. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any courier you select to perform shipping services, including terms and conditions of purchase set forth in a courier’s terms, conditions, and rules. For instance, if a courier doesn’t permit the shipment of hazardous liquids, it is your responsibility to comply with those rules.

Access from Third Party Sites

Ship Dude may integrate with third party ecommerce software to allow you to import order data to more easily create shipping labels and to relay the order status back to your ecommerce software. Ship Dude has no control over third party software we may integrate with, or over the information you have entered into or have stored on that software. Ship Dude also does not have control over the application programming interface (API) for third party software or the currency of any links or data-sharing protocols. Because we do not have control over those sites or interfaces, we cannot be and are not responsible for any lost data, errors in data or in data transmission, downtime, unavailability, or any other loss or damage that might occur from using those software or the links on or connections to those software. We recommend you review the privacy policy governing any third-party software before using them.

Availability of Service

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

Changes to our Terms and Privacy Policy

As our service offerings change, as laws change, as the world changes, Ship Dude may, from time to time, amend or modify these Terms and/or our Privacy Policy. We will post the amended or modified Terms and/or Privacy Policy on the Website, which will automatically be effective five (5) business days after being posted. If at any time you do not agree to be bound by and comply with these Terms, as amended or modified from time to time, you agree that your sole remedy is to cease using the Website.

Personal Conduct & Customer Support

Our customer support team is available to help you via the email as listed on https://shipdude.com/ with all your shipping questions and to make our Services as easy to use as possible. But we can only do our job well if everyone behaves. If you are abusive, mean or nasty to our customer support personnel, we reserve the right to stop serving you until you can be nice, or to suspend or terminate your account with Ship Dude. Please note we will record or keep written records of our customer support interactions. All retention of such recordings or other records will be subject to our Privacy Policy, available at https://shipdude.com/.

We May Contact You

You agree that we may communicate with you by email, text messaging, phone, mail, or otherwise; usually our communication will relate to Website and Service updates, promotions, administrative, security and other issues relating to Ship Dude Services, including invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is a condition of your use of Ship Dude, though we may offer you the opportunity to opt out of some of them. You may also block all communication from us by contacting our customer support team and asking to cancel your Ship Dude account.

Legal Use of Website

By accessing or using this Website or the Services, you agree that you will comply with all applicable laws and regulations, including U.S. import, export and re-export control laws and regulations, controlled substance laws and hazardous materials laws, regulations and private courier rules. Ship Dude reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You also acknowledge that Ship Dude is required to retain certain information with regard to shipments due to contractual obligations with couriers like the United States Postal Service, combatting fraud and protecting your information, and performing our legal obligations under applicable law. You can read more information about that in our Privacy Policy.

Payments and Additional Charges

You agree to pay Ship Dude all charges applicable for the Services at the time such Services are ordered by you on the Website. You are responsible for ensuring that Ship Dude has up-to-date information (including, among other things, valid credit card numbers and contact information) and you are responsible for entry of information regarding the Services you order. Should any amounts due for Services remain unpaid, or in the event that any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, you agree to pay, in addition to the principal amount and any applicable interest thereon, all of the bank and payment provider charges assessed against you and Ship Dude and Ship Dude’s reasonable costs of collecting or attempting to collect, including reasonable attorney fees and expenses. Ship Dude reserves the right to verify your credit before you purchase Services at any time. All transactions originating from your account are your responsibility. In addition, if any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, Ship Dude may charge the underlying payment and any incidental charges (as described above) against any other form of payment you have ever added to your Ship Dude account.

You are responsible for any additional charges due to (a) misstatements regarding weight, size, classification, number, or manner of Service, (b) deliveries on weekends or holidays, (c) local customs charges, (d) import taxes or duties, or (e) any similar charge(s) incurred. If any such charges become due as a result of Services performed by a carrier on your behalf and are charged to Ship Dude by a carrier, you agree that Ship Dude may charge any additional amounts due on the credit card or bank account used when such Services were purchased or, in the event that you paid for the Services in another manner, you agree to reimburse Ship Dude fully for such charges within seven (7) days of our demand. Ship Dude is not required to automatically provide any refunds or reduction of charges for any misstatement by you of weight, size, number or manner of Service.

Any claim for unused or misprinted postage or fee refund must be submitted directly to Ship Dude on the Website within twenty (20) days of date of purchase. Postage handled and/or returned to sender will not be considered valid unused and/or misprinted postage. If determined valid, at Ship Dude’s sole discretion, Ship Dude will credit an active customer’s account an amount equal to what was paid for the Services. In addition, you agree to assign to Ship Dude any and all rights to file any such claims with or against any carrier with respect to Services ordered or paid for on the Website.

Account Balances

You may maintain a pre-funded account balance with Ship Dude and view that balance, your transaction, shipping label and postage activity, refunds, adjustments and other transactions within your account, online at any time. Ship Dude does not share that account activity with the couriers or third parties, though the couriers may keep track of the shipping information that you provide for postage/courier labels.

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

If we don’t hear from you for a while and we cannot get in touch with you, we may consider your account abandoned. We will wait as long as we can to maintain your account and reach out to you at the contact information you’ve provided. But Ship Dude (and its partners or successors in interest) may refer abandoned account balances to the Utah State Treasurer in accordance with the Utah Uniform Unclaimed Property Act if unclaimed after five (5) years and the identity, status, or present location of the account holder cannot be determined. If Ship Dude (or its successors) is no longer headquartered in Utah at that time, then the account balance may be referred to the State Treasurer or applicable office in whichever state or jurisdiction we are in at that time.

Change in Billing, Prices, Promotions and Policies

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

Collection; Use of Your Data

Ship Dude may automatically collect some information about your computer when you visit this website. For example, we may collect your IP address, Web browser software (such as Chrome, Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as services and couriers viewed and services booked. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud. Ship Dude may use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the courier services you request on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with courier confirmation and updates; to manage your account, including processing bills and providing courier information; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, website, and our Apps; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website and our Apps; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data. Ship Dude may collect, use, and distribute statistical information related to the usage of the Website, Services, or traffic patterns only in aggregate and de-identified form (“Aggregated Data”). Except as otherwise stated in our Privacy Policy, Aggregated Data does not contain any personal information about you, and Ship Dude will not sell personal information about you to third parties. Aggregated Data may be shared with third-parties, but is stripped of all personal information and contains information like: the busiest shipping date of the year is December 18th and the top shipping destination in the U.S. is the metro NYC area. Ship Dude will own all Aggregated Data.

Ship Dude does not knowingly collect or solicit any information from anyone under the age of sixteen (16) or knowingly allow such persons to register accounts for Ship Dude Services. The Services are not meant for children/minors under the age of sixteen (16). In the event that we learn that we have collected personal information from anyone under the age of sixteen (16) without parental consent, we will delete that information and terminate the applicable account. If you believe that we have collected any information from anyone under the age of sixteen (16), please contact us via email as listed on https://shipdude.com/.

Termination

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

Ship Dude may terminate your access to and use of the Website for any or no reason at any time. In addition, Ship Dude may suspend or terminate your account for misconduct such as abusive behavior toward our customer support personnel or using the Services for illegal purposes. Upon such termination, you agree to immediately pay Ship Dude any unpaid amounts related to Services ordered. Any accrued rights, remedies, obligations or liabilities will not be affected including, but not limited to, Ship Dude’s right to claim damages in respect of any breach of these Terms or Ship Dude’s right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.

When your account is terminated, we may retain your information as required by applicable regulations and Ship Dude’s records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions, and for the detection and prevention of fraud.

Our Proprietary Rights

Our Website and the software used in connection with the Ship Dude Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy or create any derivative work from any text or images on our Website. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or use modified versions of the software. You may not access the Ship Dude Website or any of our data by any means other than through interfaces we provide.

You also acknowledge that Ship Dude, the Ship Dude logos, and the look and feel of our Website, and the order and choices in the Website menus are all the property of Ship Dude and its affiliates and subject to trademark and copyright protection. You agree that you will not use or copy any of our trademarks, trade names, logos or the style, look and feel of our Website without our written permission.

You agree that the Website, in whole or in part, will not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose not expressly permitted by Ship Dude. Any use of Website data, materials, content, or information; any derivative use of this Website or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.

Disclaimer of Warranties

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

The information published on the Website and the Services may include inaccuracies or errors, including pricing errors. In particular, Ship Dude does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the courier services displayed on this Website (including, without limitation, the pricing, general product descriptions, etc.). In addition, Ship Dude expressly reserves the right to correct any pricing errors on our Website.

Limitation of Ship Dude’s Liability

You assume all risk of loss when using the Services. Ship Dude will not be liable for any risk of any kind arising from your use of, or inability to use, the Website, the Services, or any other content, data, materials, or information of Ship Dude.

IN PARTICULAR, Ship Dude WILL NOT BE LIABLE FOR:

  • ANY DAMAGES TO OR VIRUSES, WORMS, TROJAN HORSES OR OTHER DISABLING OR HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY THIRD PARTY SITES;
  • LOST OR PROSPECTIVE PROFITS OR REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE, DELAY OR MALFUNCTION ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR
  • ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS),

whether any of those claims are based in contract, tort, strict liability or otherwise, that arise out of or are in any way related to: (i) any use of the Website or the data, materials, information or content thereof; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this Website) in performance of Services; or (iii) the performance or non-performance by Ship Dude, a courier, or any other provider, whether or not Ship Dude knew or should have known of the possibility that such damages to such parties or any other party might be incurred.

In any event, Ship Dude will not be liable for any damages in excess of the purchase price paid for the individual Service at issue, whether or not Ship Dude had knowledge that such damages might be incurred.

Indemnity

You will defend, indemnify and hold Ship Dude, its officers, directors, employees, and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or your use of, or access to, the Website or Services.

Class Action Waiver

In exchange for Ship Dude’s provision of the Services and your payment for those Services, you hereby waive the right to bring or participate in any class action lawsuit against Ship Dude and its affiliates (which will include any party controlling, controlled by or in common control with Ship Dude, or any of Ship Dude’s employees, directors or officers).

SPECIFICALLY YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION OR COURT AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION OR COURT ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE AGAINST SHIP DUDE OR ITS AFFILIATES; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION OR COURT AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION.

Choice of Law; Utah Jurisdiction

The services performed by Ship Dude LLC are offered from, and performed in the State of Utah. These Terms and Conditions are governed and interpreted in their entirety pursuant to the laws of the State of Utah, United States of America or U.S. federal laws and regulations, as applicable, notwithstanding any principles of conflicts of law.

You agree that any action related to these Terms, the Website or the Services and not subject to the mandatory arbitration clause described below may only be brought before the state and federal courts located in Utah.

Arbitration and Dispute Resolution

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

All disputes arising out of or relating to these Terms and Conditions will be finally resolved by arbitration conducted in the English language in Salt Lake County, Utah under the commercial arbitration rules of the American Arbitration Association or JAMS. You agree that this will be the sole and exclusive jurisdiction for the adjudication of any disputes arising in connection with these Terms and Conditions, your use of the Services, and your relationship with Ship Dude LLC and its affiliates, members, directors, officers, employees and agents. The arbitration will be conducted by a single arbitrator mutually selected by the parties. If the parties cannot agree on an arbitrator, then they may each appoint their own arbitrator, which two arbitrators will in turn, select the single arbitrator for adjudication of the dispute. The parties will bear equally the cost of the arbitration (except that the prevailing party will be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). Under no circumstances will the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages will be beyond the arbitrator’s authority, void, and unenforceable.

All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

Rules and forms for filing an arbitration claim can be found at www.jamsadr.com or www.adr.org.

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

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

Permitted Time For Filing A Claim or Lawsuit

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or registration on our Website must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

Miscellaneous

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

All terms used in one number or gender will be construed to include any other number or gender as the context may require. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Ship Dude. The failure to enforce any right under these Terms will not be a waiver of the provision or the right to enforce it at a later time.

By accepting these Terms, you are also accepting the Privacy Policy and Data Processing Addendum, which is included by reference in these Terms of Use. The Data Processing Addendum defines our specific legal obligations under the data protection laws of the European Union and your agreement with respect to the terms governing the processing of your personal data.

For customers located in the European Union, your acceptance of the Terms of Use, Privacy Policy and the Data Processing Addendum will be by separate acknowledgement.

If you are located in the European Union and do not see a request for an acknowledgement of the Terms of Use, Privacy Policy and Data Processing Addendum (which may be due to your temporary location or use of the site outside the EU or the through your use of an onion browser), you may request an acknowledgement or separate PDF copy of the Terms of Use, Privacy Policy and the Data Processing Agreement by contacting our customer support via email or phone, as available.