The www.fbmprimes.com website (“FBM Primes”) is comprised of various web pages operated by FBM PRIMES Inc. FBM Primes is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.fbmprimes.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. FBM Primes is a web-based shipping solution that streamlines the order fulfillment process for online retailers. With real-time integrations into popular marketplaces and shopping cart platforms, FBM Primes handles everything from order import to batch label creation. Advanced customization features allow FBM Primes to fit businesses with any number of users or locations.
Visiting www.fbmprimes.com or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You are more than welcome to sign up and use our service. However, our shipping aggregation service (AKA, consolidated shipper account) is exclusive to users who do not currently have a FedEx or UPS carrier account or any sort of service agreement. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Operating and maintaining multiple FBM Primes accounts is prohibited. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FBM Primes is not responsible for third party access to your account that results from theft or misappropriation of your account. FBM Primes reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. FBM Primes does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.fbmprimes.com only with permission of a parent or guardian.
You may close your account at any time, upon the fact that all the pending charges are reconciled and your account does not have a negative balance.
If you wish to withdraw the postage left on your account, please contact our customer service team at +1 626-898-1617 or email us to firstname.lastname@example.org. We will start processing the refund after your last shipment has been delivered, and after the last transaction amount associated to your account has been finalized and deducted from your balance. If you added balance using other payment methods (such as ACH credit card and bank transfer), the fund will be returned in a check.
Links to Third Party Sites/Third Party Services
www.fbmprimes.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FBM Primes and FBM Primes is not responsible for the contents of any Linked Site, including but not limited to any link or services contained in a Linked Site, or any changes or updates to a Linked Site. FBM Primes is providing these links or services to you only as a convenience, and the inclusion of any link does not imply endorsement by FBM Primes of the site or any association with its operators. Certain services made available via www.fbmprimes.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.fbmprimes.com domain, you hereby acknowledge and consent that www.fbmprimes.com may share such information and data with any third party with whom FBM Primes has a contractual relationship to provide the requested product, service or functionality on behalf of www.fbmprimes.com users and customers. By using any services or functionality of FBM Primes you hereby acknowledge and comply with terms and conditions from any other third Party websites/Companies/Organizations, including but not limited to: FedEx, UPS, USPS, eBay, Amazon, Etsy, BigCommerce, Shipstation, Shopify, and Walmart, etc.
FBM Primes Coverage Does Not Insure the Following:
1. Accounts, bills, bullion, currency, deeds, evidence of debt, furs, original/fine art, computer chips, loose precious/semi precious stones, jewelry, money, notes, securities, perishable cargo, televisions, tickets, personal goods, or similar property unless endorsed in writing.
2. Merchandise shipped on consignment, memorandum, or approval unless shipped in fulfillment of an order or request.
3. Loss, damage, or non-arrival of any parcel which; (a) is addressed, wrapped or packed insufficiently, incorrectly or contrary to the carrier’s packaging requirements; or (b) bears a descriptive label or packaging which tends to describe the nature of its contents.
4. Any parcel containing personal goods to accommodate an employer and/or employee.
5. Against loss or damage caused by or resulting from:
(a) hostile or warlike action in time of peace or war, including action hindering combating, or defending against an actual impending or expected attack; (1) by any government or sovereign power (de jure facto), or by any authority maintaining or using military, naval, or air forces; or (2) by military, naval, or air forces; (3) by an agent of any such government power, authority, or forces;
(b) any weapon of war employing atomic fission or radioactive force whether in time of peace or war;
(c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.
6. NUCLEAR EXCLUSION. Notwithstanding anything herein contained to the contrary, it is hereby understood and agreed that this policy shall not apply to any loss, damage, or expense due to or arising out of, whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination regardless of how it was caused. However, subject to all provisions of this policy, the direct physical damage to the property insured, located within the United States or any territory of the United States or Puerto Rico by fire directly caused by the above excluded perils, is insured, provided that the nuclear reaction, radiation, or radioactive contamination was not caused, whether directly or indirectly, by any of the perils excluded by this policy. Nothing in the above wording shall be construed to cover any loss, damage, liability, or expense caused by nuclear reaction, radiation, or radioactive contamination arising directly or indirectly from the aforementioned above.
7. Arising out of infidelity, dishonesty, or any overt act on the part of the Insured, associate in interest, and/or any of the Insured’s employees whether occurring during hours of employment or otherwise, nor on the part of custodians (common carriers excepted), or the property insured unless specifically endorsed hereon in writing.
8. Arising out of loss of market, latent defect, inherent vice, delay, loss of use, clean-up costs, decay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against.
9. Arising out of loss from delivering the product to someone who obtains it by trick, false pretense, or other fraudulent schemes.
A. It is WARRANTED by the Insured that all parcels under this coverage will be shipped in strict accordance with all regulations of the carrier and amendments thereof.
B. THE UNDERWRITERS SHALL NOT BE LIABLE for any loss or damage to property covered by other valid and collectible Insurance nor for carrier’s liability. Coverage shall be for EXCESS of aforementioned. COVERAGE CONTINGENT upon Insured being reimbursed by the carrier for carrier’s liability. Payment from the carrier does not guarantee approval of claim.
C. The DEDUCTIBLE, if any, shall be deducted from the amount of the claim or Liability Limit, whichever is less, on a “per parcel” basis and borne by the Insured. The Insured shall be responsible for (and entitled to) collecting any amount for which the carrier may be liable.
D. Failure to insure the total value of your goods on each shipment will result in a co-insurance penalty; i.e., we will not pay a greater proportion of loss than the values you reported divided by the actual values of the goods.
E. In the case that the Insured (FBM Primes user) acts as their own claim reporting agent, the Insured will need to file notice of non-delivery or damage with the carrier (FedEx, UPS) within the carrier’s claim reporting period, but in no event shall such notification exceed fourteen (14) days from date Insured had knowledge of said non-delivery or damage. All claims are to be sent to FBM Primes customer service team within fourteen (14) days from the date on the carrier’s check. The Insured will submit a completed FBM Primes claim form, proof of carrier payment, copy of carrier tracer form showing L.D.I. or other identifying number, copy from original invoice to consignee, whichever of the aforementioned is applicable, and any additional documentation requested to substantiate loss. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs), or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim. In the case that FBM Primes acts as the claim reporting agent on behalf of the Insured (FBM Primes user), the Insured is to submit a completed FBM Primes claim form, proof of value, and any other relevant documentation requested to substantiate loss. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs), or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim.
F. The Insured must file notice of non-delivery or damage with FBM Primes within thirty (30) days from date of shipment for United States Post Office shipments. There is a twenty-one (21) day waiting period before the Insured may file a notice of non-delivery to FBM Primes for packages shipped domestic via the United States Post Office. No claims will be honored if filed after the 30 day expiration period. The Insured will submit completed FBM Primes claim form, copy of the original invoice to the consignee, signed and dated statement from the consignee, proof of damage if applicable and any additional documentation requested to substantiate loss. Shipping costs must be included in the declared value in order to be paid with claim. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs) or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim.
G. The Insured will have one (1) year from the date of shipment to provide any required and/or additional documentation which has been requested of the Insured to substantiate said claim. Failure to provide the required and/or additional documentation within one (1) year from the ship date will result in the denial of the claim.
H. Any covered loss will be promptly paid to the Insured or his Assignee after notice of loss or damage and required documentation has been received and accepted by Underwriters in accordance with the terms and conditions of this coverage, unless property is replaced, at the option of Underwriters, with like kind, function, and quality.
I. Upon payment or replacement for loss or damage, the Underwriters shall be subrogated to all of the rights of the Insured including whatever money may be recoverable, but excluding any deductible amounts applied to any claim settlement on account of said loss or damage from the carrier, or any of its officers or agents, or from any other person or corporation whatsoever. The Insured specifically covenants and agrees to assist the Company in every possible manner to secure reimbursement of said loss or damage. In the event the carrier admits to fraudulent activity from carrier employee’s, the insured will take action against the carrier and not hold FBM Primes responsible for claims associated.
J. No suit or action or proceedings for the recovery of any claim under this Coverage shall be sustainable in any court of law or equity unless the same is commenced within twelve (12) months after discovery by the Insured of the occurrence which gives rise to the claim, provided however, that if by the laws of the State within which this Coverage is issued such limitation is invalid, then any such claim shall be void unless such action, suit or proceeding be commenced within the shortest limit to time permitted by the laws of such State to be fixed herein.
Third Party Accounts
You will be able to connect your FBM Primes account to third party accounts. By connecting your FBM Primes account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by FBM Primes from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FBM Primes Content accessed through www.fbmprimes.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FBM Primes, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FBM Primes reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FBM Primes in asserting any available defenses.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. FBM Primes and/or its suppliers may make improvements and/or changes in the site at any time.
FBM Primes and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. FBM Primes and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
FBM Primes reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You are not allowed to ship items that are prohibited by Carriers (UPS/FedEx/USPS) or by law or regulation of any federal, state or local government in the origin or destination countries or which may breach any applicable export, import or other laws. Otherwise, FBM Primes has the right to terminate your access to the Site and the related services.
The prohibited and restricted items are including, but not limited to:
1. Dangerous goods;
2. Hazardous goods;
3. Items Requiring Prior Authorization.
Please refer to Carriers’ policies for details:
List of Prohibited Articles for UPS services:
List of Prohibited or Restricted Articles for FedEx services:
Shipping Restriction for USPS service:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FBM Primes as a result of this agreement or use of the Site. FBM Primes’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FBM Primes’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FBM Primes with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FBM Primes with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FBM Primes with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
2. WHAT WE DO WITH YOUR INFORMATION.
2.1. Types of Information We Collect.
In connection with accessing our Services, we may collect information from you which can be used to identify you (“Personal Information”), such as your name, shipping/billing address, email address, phone, credit card/bank account number, username and password. We collect information when you register or open an account, sign in, pay fees, purchase or otherwise use a Service, call us for support, or give us feedback. We may also get information from other companies or third parties, such as when you sync a third party account or service with your FBM Primes Account, or when we may use service providers to supplement the Personal Information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service we will only use that information for legally acceptable purposes. Finally, we may collect content or other information that you may provide or create when you interact with our Services.
We may also automatically collect certain usage information when you access our Services (“Usage Data”), such as Internet Protocol (“IP”) addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. For example, we may collect IP addresses to track and aggregate, retained in pseudonym form (replacing any directly identifying characteristics of personal information), to monitor the regions from which users navigate to our Services. We may also collect IP addresses from users when they log into the Services as part of our log-in and security features.
Our Services may change over time and we may introduce new features that may collect new or different types of information.
2.2. How We Use Your Information.
We may use your information, including your Personal Information, for the following purposes:
Account Registration. We may use your name, address, phone number, billing information, and email address to register your account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information. Please be careful who you give administrator access to, as you are responsible for their actions.
To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information.
Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience. We also offer various Internet chat services, for example, to speak with a FBM Primes customer support representative. Internet Chat transmissions are encrypted but you should not supply more Personal Information, than is required to address your specific issue. A transcript of the session is retained to resolve questions or issues related to our Services.
Communicate with You and Tell You About Other Services. We may use your information to communicate with you about our Services and to give you offers for third party products and services that we think may be of use to you. Please see below under “What You Can Do to Manage Your Privacy” for the choices you have regarding these communications.
To Improve Services and Develop New Services. We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of FBM Primes’s Services.
Feedback. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them. Answering any survey is optional.
2.3. How We Share Your Personal Information.
From time to time, we may need to share your Personal Information with others.
Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief we’re required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.
Information Sharing Between FBM Primes Entities. We share your information, including your Personal Information, with and among our subsidiaries, except where prohibited by law. Subsidiaries means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, etc. We may also share your information in order for us to be able to offer our products and services to you. We may also share information about your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our Services.
Sharing with Third Parties Generally. FBM Primes may share certain information with carefully selected third parties that will allow them to mail you promotional materials about quality goods and services (including special offers and promotions) that may be of interest to you. The information shared will not include your e-mail address; your phone number; any information related to your postage, mailing activity or postage meter license; or any information related to your customers or address lists. You may contact FBM Primes at any time to request that your information not be shared with such third parties when you register with FBM Primes.
Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.
With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.
2.4. Syncing, Linking, Connecting Other Third Party Services with Your FBM Primes Service.
We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third party services with your FBM Primes Service. Sometimes FBM Primes may let you know about the service or product, or another company may let you know about a FBM Primes service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each company’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service you’ve requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your Personal Information, to the other party.
3. WHAT YOU CAN DO TO MANAGE YOUR PRIVACY.
3.1. Updating Your Personal Information.
In connection with your right to manage your Personal Information you provide to us, you may access, update, change, correct or request deletion of your information either through the Service or through our customer support. You can reach our customer support by using the contact information provided in the “Contact Us” section of this Policy. We will respond to your request within a reasonable timeframe.
3.2. Managing Marketing Communications From Us.
We will honor your choices when it comes to receiving marketing communications from us. You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:
3.2.1. You may contact FBM Primes at any time to request that your information not be shared with third parties (other than the carriers).
3.2.2. Remember that even if you choose not to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.
3.3. Cookies and Other Tracking Technologies.
Generally we use these tracking technologies to:
3.3.1. Fulfil your requests for products and services, and improve our services.
3.3.2. Remind us of who you are on return visits in order to deliver to you a better and more personalized service. This cookie is set when you first visit the FBM Primes Site.
3.3.3. Estimate our audience size and measure traffic patterns regarding usage of FBM Primes’s network of Sites. Each browser accessing FBM Primes is given a unique cookie which is then used to determine the extent of repeat usage and usage by a registered user versus by an unregistered user.
3.3.4. Track the number of entries in our promotions.
3.3.5. Customize the advertising and content you see.
If you are uncomfortable having a cookie placed on your system, you may elect to turn off the cookie or delete existing cookies in your browser. If you turn off or delete the FBM Primes cookie, you may not be able to receive special offers or personalized content from FBM Primes.
Technologies such as cookies, or similar technologies, are used by FBM Primes and our partners, affiliates, or analytics or service providers (e.g. online customer support providers). These technologies are used in analyzing trends, administering the site, tracking user movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We partner with third parties to either display advertising on our Web site or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you do not wish to have this information used for the purpose of serving you interest-based ads, you may clear your cache. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
3.4. Do Not Track.
Like most other companies, our Services are not currently configured to respond to browsers’ “Do Not Track” signals because at this time no formal “Do Not Track” standard has been adopted. However, the practices of our partners and other third-party providers may change as a result of this feature being utilized.
4. DATA RETENTION AND YOUR ACCESS RIGHTS
4.1. Data Retention.
In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and FBM Primes’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.
4.2. Your Access Rights.
Upon request and as required by applicable law, you may contact FBM Primes to confirm whether we maintain, or process on behalf of a third party, and of your Personal Information and to review it in order to verify its accuracy and the lawfulness of our processing of such Personal Information. Where you have determined that the Personal Information we collected about you is inaccurate or processed in violation of applicable law you may also request that your Personal Information be corrected, amended, or deleted. Requests for access to your Personal Information and to have it corrected, amended, or deleted should be sent to email@example.com or to the mailing address provided.
5. SECURITY OF YOUR INFORMATION.
Keeping your Information safe is important to us. You can find out more about keeping your personal information safe while on line from the U.S. government.
We provide reasonable and appropriate security measures in connection with securing Personal Information we collect. Though no method of transmission over the Internet, or method of electronic storage, is 100% secure.
For example, we:
· Consistently work to update our security practices to implement accepted best methods to protect your Personal Information and review our security procedures carefully.
· Comply with applicable laws and security standards.
· Securely transmit your sensitive Personal Information.
· Train our staff and require them to safeguard your data. Limit the staff with access to your Personal Information.
· Transmit, store, protect, and access all cardholder information in compliance with the Payment Card Industry’s Data Security Standards.
If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
6. INTERNATIONAL DATA TRANSFERS.
In accordance with and as permitted by applicable law and regulations, we reserve the right to transfer your information, process and store it outside your country of residence to wherever we or our third party service providers operate.
7. HOW TO CONTACT US.
7.1 Via email.
7.2 Via direct mail www.fbmprimes.com
9. COLLECTION AND USE OF CHILDREN’S PERSONAL INFORMATION.
We do not knowingly collect information from minors.
Fbmprimes.com Services are intended for and directed to adults. Our Services are not directed to minors and we do not knowingly collect Personal Information from minors.
10. YOUR CALIFORNIA PRIVACY RIGHTS.
We do not share your Personal Information with third parties for their marketing purposes, if you have opted out of such information sharing.
Changes to Terms
FBM Primes reserves the right, in its sole discretion, to change the Terms under which www.fbmprimes.com is offered. The most current version of the Terms will supersede all previous versions. FBM Primes encourages you to periodically review the Terms to stay informed of our updates.
FBM Primes welcomes your questions or comments regarding the Terms:
15035 PROVTOR AVE, 2nd floor
CITY OF INDUSTRY, CA 91746
Email Address: email@example.com
Customer Service: +1 626-898-1617
Effective as of November 9th, 2020