OnTheGoMichigan’s secured transportation Terms and Conditions, contained on the website, supersede all previous terms and conditions, amendments, supplements, and other prior statements concerning the rates and conditions of OnTheGoMichigan’s service to which these terms and conditions apply. The contract of carriage as expressed in these terms and conditions constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties or any agents, affiliates or subcontractors thereof with respect to the subject matter hereof, and each party warrants that it has not relied and will not be relying upon any evaluation, representation or advice from the other party, its agents, affiliates or subcontractors (including any agents, affiliates or employees of OnTheGoMichigan) except representations expressly made in writing in these terms and conditions.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered by OnTheGoMichigan, are offered to you under these Terms and Conditions and any operating rules or policies that may be published by OnTheGoMichigan at the URL: http://onthegomi.com (the “Terms and Conditions”). Activation of your account or your use of any of the services offered OnTheGoMichigan is expressly conditioned upon your acceptance of and agreement to these Terms and Conditions. These Terms and Conditions comprise the entire agreement. ACTIVATION OF YOUR ACCOUNT OR YOUR USE OF ANY OF THE SERVICES REPRESENTS AND WILL BE DEEMED TO BE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. If you disagree with any of these Terms and Conditions at any time, your only recourse is to cease using the services of FedEx Cross Border. It is your responsibility to review and be familiar with the Terms and Conditions, and your continued use of FedEx Cross Border service will constitute acceptance of the then-current Terms and Conditions.
AGENCY: By activating your account or using OnTheGoMichigan services, you hereby make, constitute and appoint OnTheGoMichigan, acting through any of its authorized persons, your true and lawful secured transportation agent for the state of Michigan.
SECURITY: You are solely responsible for maintaining the confidentiality of your password and account information and for any and all activities that occur under your account. You agree to notify OnTheGoMichigan personal immediately upon discovery of any unauthorized use of your account or any other breach of security. You must promptly inform OnTheGoMichigan personal of any actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of your account or password. Until OnTheGoMichigan personal is properly notified of any breach or suspected breach, you remain exclusively liable for any unauthorized use of the Service through your account. In consideration for using the Service, you agree to: (1) provide certain current, complete and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If you provide any inaccurate or incomplete information in your account, OnTheGoMichigan Personal reserves the right to terminate immediately both your account and your right to use OnTheGoMichigan services.
TERMINATION: Either Party may terminate your account and your participation in the OnTheGoMichigan Service at any time, with or without cause, and with immediate effect. OnTheGoMichigan, at its sole discretion, may terminate the Service or your use of the Service at any time and with immediate effect should your conduct in the use of the Service fail to conform to these Terms and Conditions and or Local and State Law of Michigan. OnTheGoMichigan shall have no liability to you or to any third party for termination of the Service or termination of your use of the Service under this paragraph. Should you object to any of these Terms and Conditions or any subsequent modifications to these Terms and Conditions, or should you become dissatisfied with the Service in any way, your only recourse and sole remedy is to: (1) discontinue use of the Service and (2) terminate your account. Upon termination, your right to use the Service shall cease immediately. After cancellation or termination of the Service of OnTheGoMichigan
USER CONDUCT: Your use of the Service is subject to all applicable local, state laws and regulations, including but not limited to all Laws of the State of Michigan, and all regulations set forth by Licensing and Regulatory Affairs of Michigan (LARA). You agree not to do any of the following: (1) use the Service for any illegal purposes or to ship hazardous or dangerous materials, as further defined in Paragraph 13 of these Terms and Conditions; (2) interfere with or disrupt any networks connected to the Service, or engage in any activity that violates the regulations, policies or procedures of such networks or attempt to gain unauthorized access to other accounts, computer systems or networks connected to the Service, through password mining or any other means; (3) harass or interfere with another user’s use and enjoyment of the Service. Failure to comply with the above may result in immediate cancellation of your account without notice. You agree that you will be responsible for any losses or damages incurred OnTheGoMichigan services as a result of your improper use of the Service, and you hereby agree to indemnify and hold OnTheGoMichigan, its parents and subsidiaries, affiliates, officers, directors and employees harmless from and against any and all manner of loss or damage arising from your use of the service in violation of these Terms and Conditions.
INSPECTION: OnTheGoMichigan Personal reserves the right, at its discretion, to open and inspect all packages and items delivered to a FedEx Cross Border facility in your name without notice to you. You acknowledge and agree OnTheGoMichigan personal may refuse to handle, store or ship any item that does not comply with these Terms and Conditions. In such circumstances, you acknowledge and agree that OnTheGoMichigan Personal shall have no liability (in contract, tort or otherwise) to you with respect to any such items.
LIMITATION ON DAMAGES: ALL PACKAGES ARE SHIPPED ON A LIMITED LIABILITY BASIS. IN NO EVENT SHALL ONTHEGO PERSONAL AGGREGATE LIABILITY EXCEED DECLARED INSURED SHIPMENT. OnTheGoMichigan services shall not be liable for any physical loss of, or physical damage to, any items or shipments or for the failure of any other aspect of the provision of OnTheGoMichigan services if such loss, damage or failure arises from:
Your failure or refusal, or the failure or refusal of any consignee, to take or accept delivery of any shipment within a reasonable time;
Insufficient or incorrect labeling or address information;
Your breach of any of the warranties and representations set forth in these Terms and Conditions;
Any seizure of goods under legal process or refusal to allow the goods through state and local laws
Any fraudulent activity related to your account or your use of any FedEx Cross Border service.
IN NO EVENT SHALL ONTHEGOMICHIGAN PERSONAL AND OR COMPANY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS SET FORTH IN THE FIRST SENTENCE OF THIS PARAGRAPH, IN NO EVENT SHALL ONTHEGOMICHIGAN SERVICES BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) FROM THE PERFORMANCE OF THE SERVICE EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ONTHEGOMICHIGAN’S SERVICES.
LICENSE AND CONDITIONS OF USE OF OnTheGoMichigan’s CHECKOUT SERVICE: At all times during your use of the OnTheGoMichigan services: You will not, and will not authorize others to: (i) use the OnTheGoMichigan services with external programs in a manner that circumvents these Terms and Conditions or any other contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of the OnTheGoMichigan services available for access by third parties except as otherwise expressly provided in these Terms and Conditions; (iii) access the OnTheGoMichigan services for the purpose of developing products or services intended to be offered to third parties in competition with OnTheGoMichigan; (iv) disassemble, reverse engineer or decompile the OnTheGoMichigan services, OnTheGoMichigan systems or other OnTheGoMichigan products or technology; (v) copy, modify or create derivative works of the OnTheGoMichigan services; (vi) remove or modify a copyright or other proprietary rights notice in the OnTheGoMichigan services; (vii) use the OnTheGoMichigan services to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (viii) use the OnTheGoMichigan services to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; (ix) access or disable any OnTheGoMichigan services or third party data, software or network; (x) communicate any message or material that is defamatory, or, in violation of applicable law, is harassing, threatening, or obscene; (xi) send unsolicited mass mailings in violation of applicable law or regulation; or (xii) use or employ any technique or device that: damages, disables, overburdens, or impairs OnTheGoMichigan systems or the OnTheGoMichigan services or interferes with the use or enjoyment of the OnTheGoMichigan services by others. You shall not use or access the OnTheGoMichigan services, any OnTheGoMichigan systems or other OnTheGoMichigan products or technologies in a manner that exceeds your authorized use as set forth in these Terms and Conditions. OnTheGoMichigan may remotely review your use of the OnTheGoMichigan services, and upon OnTheGoMichigan written request you shall provide any reasonable assistance, to verify your compliance with these Terms and Conditions.
You will provide OnTheGoMichigan with complete and accurate information about each shipment sufficient to comply fully with all applicable Michigan State Laws requirements and to properly classify each shipment. In preparing and submitting declarations, applications, security filings, documentation and/or other required data or submissions to state agencies, OnTheGoMichigan relies on the correctness of all information and documentation you provide, whether in written or electronic format. You shall ensure the correctness of all such information provided about each shipment as is needed to comply fully with import and export requirements including, but not limited to, classification and licensing.
RESPONSIBILITY FOR MERCHANDISE & DELIVERY:
You will retain title to all items shipped and processed through the OnTheGoMichigan services, except as otherwise provided under these Terms and Conditions. You will retain all risk of loss to any and all items shipped and processed through the OnTheGoMichigan services until the items are delivered to and accepted by OnTheGoMichigan personal. At which point the risk of loss will pass OnTheGoMichigan consistent with these Terms and Conditions. OnTheGoMichigan will not take title to any items you ship or process through the OnTheGoMichigan services except as provided under these Terms and Conditions.
OnTheGoMichigan will not accept any items at any FedEx Cross Border facility unless its packaging is free from any defect or damage. If OnTheGoMichigan discovers concealed damage to any items, you agree that OnTheGoMichigan shall have no liability for any such concealed damage that was not apparent at the time the item was accepted by OnTheGoMichigan personal.
It is your responsibility to ensure that each item being delivered to a OnTheGoMichigan address follows the addressing and labeling convention or the “client login” page on www.onthegoi.com
OnTheGoMichigan has the sole discretion to select the mode and carrier for transporting your items and fulfilling the OnTheGoMichigan services.
ORDER PROCESSING AND PAYMENT OnTheGoMichigan services reserves the right to delay or refuse the shipment of any orders that do not meet OnTheGoMichigan screening requirements. You acknowledge and agree that OnTheGoMichigan services may, at its sole discretion, reject the delivery of items based on potential or perceived issues involving applicable United States federal, state and local and/or other foreign sovereign authority laws, rules, regulations or orders issued by any public authority having jurisdiction over any of the operations or activities performed or to be performed by or on behalf of OnTheGoMichigan pursuant to these Terms and Conditions. You acknowledge and agree that OnTheGoMichigan services will charge the credit card or other acceptable payment method you submit for payment of all applicable fees, duties, taxes and other charges related to processing and shipment of your items.
FORCE MAJEURE: You acknowledge and agree that OnTheGoMichigan services shall not be liable for any delay or default in the performance of any obligation under these Terms and Conditions if such delay or default is caused by acts of God, war, labor disruption, strikes or anticipated strikes of any party or any other entity, embargo, riot, civil unrest, perils of the air, public enemies, local or national weather conditions, national or local disruptions in air or ground transportation systems or networks, acts of terrorism, conditions that present a danger to personnel, and disruption or failure of communication and information systems (including, but not limited to, either Party’s systems and the public internet), intervention of government authority, failures of OnTheGoMichigan vendors or other third parties, or any other similar event that is beyond the reasonable control of OnTheGoMichigan (“Force Majeure”), provided that OnTheGoMichigan did not cause such delay or default. Upon notice of such Force Majeure event, OnTheGoMichigan is excused from performance during the period of such delay.
TITLE AND OWNERSHIP OF ONTHEGOMICHIGAN SERVICES AND SYSTEMS: As between you and OnTheGoMichigan, all rights, title, and interest in and to the OnTheGoMichigan services, OnTheGoMichigan, and OnTheGoMichigan trademarks, including intellectual property rights, are owned exclusively by OnTheGoMichigan. Except as expressly provided in these Terms and Conditions, OnTheGoMichigan does not grant you (and expressly reserves) any rights, express or implied, and ownership in the OnTheGoMichigan services and OnTheGoMichigan systems. OnTheGoMichigan does not accept ideas, concepts, or techniques for new services or products through its services. If such information is received, it will not be considered confidential and OnTheGoMichigan will be deemed free to use, communicate and exploit such information in any manner it chooses.
Each Party (each, an “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party, its directors, officers, employees and Affiliates (collectively, the “Indemnified Parties”), from and against any and all third party claims, demands, losses, damages, costs and expenses (including reasonable attorney’s fees, costs and expenses incidental thereto), connected with or resulting from injury to or death of persons or injury to tangible property, or violation of any applicable law or regulation; to the extent arising out of the Indemnifying Party’s negligent acts or omissions or willful misconduct or violation of any law or regulation, in connection with the provision or receipt of the OnTheGoMichigan services. The Party seeking indemnification must provide the Indemnifying Party (i) prompt written notice of any such claim; and (ii) at the Indemnifying Party’s request, such reasonable assistance and information as is available for the defense of such claim. The Indemnifying Party shall not settle any claim on behalf of the Indemnified Party without its prior written consent, which shall not be unreasonably withheld.
You acknowledge and agree that you will also indemnify, defend and hold harmless the OnTheGoMichigan Indemnified Parties from and against any and all claims and losses relating to, based on, or arising out of any claim regarding or arising from:
your failure to disclose information or any incorrect, incomplete or false statement by you or your agent, representative or contractor upon which OnTheGoMichigan reasonably relied in accordance with these Terms and Conditions;
your shipment, or attempted shipment, of any items prohibited by these Terms and Conditions; or
your loss, compromise, or any unauthorized use of International Customer Information obtained through the OnTheGoMichigan services.
If there is an actual or potential conflict between sections “a” and “b” of this paragraph.
ASSIGNMENT: You may not, directly or indirectly, in whole or in part, either by operation of law or otherwise, assign, transfer or delegate any of your rights or obligations under these Terms and Conditions without OnTheGoMichigan written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Without limiting the foregoing, these Terms and Conditions will be binding upon and inure to the benefit of the Parties and their permitted successors and assigns.
GOVERNING LAW: To the extent consistent with governing state laws identified herein, these Terms and Conditions shall be interpreted in accordance with the laws of the State of Michigan, USA, without regard to or application of choice of law rules or principles.
LINKS: There may be links as part of the service that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by OnTheGoMichigan. OnTheGoMichigan makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
MODIFICATION AND AMENDMENT: You acknowledge and agree that OnTheGoMichigan services may modify or amend these Terms and Conditions from time to time and at its sole discretion. It is your responsibility to review and be familiar with the current version of these Terms and Conditions, which are in the portion of the OnTheGoMichigan website where terms and conditions are typically located (i.e., at the bottom of the home page). Your continued use of OnTheGoMichigan service will constitute and be deemed acceptance of the then-current version of these Terms and Conditions.
NO WAIVER: The OnTheGoMichigan waiver of any term, condition, or provision of these Terms and Conditions must be in writing and signed by an authorized representative of OnTheGoMichigan. Any such waiver will not be construed as a waiver of any other term, condition, or provision except as provided in writing, nor as a waiver of any subsequent breach of the same term, condition, or provision.
SEVERABILITY: If one or more provisions of these Terms and Conditions are held to be unenforceable under applicable law, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the balance of these Terms and Conditions shall remain enforceable.
RELATIONSHIP OF THE PARTIES: Activation of your account or your use of any of the services offered by OnTheGoMichigan does not create, and shall not be deemed or interpreted as creating, any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and OnTheGoMichigan. You acknowledge and agree that you will have no authority to make or accept any offers or representations on behalf of OnTheGoMichigan. You will not make any statement that reasonably would contradict anything in this paragraph.