Terms of Use | FBM PRIMES

Agreement Between Users and www.fbmprimes.com

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 and batch label creation to customer communication. Advanced customization features allow FBM Primes to fit businesses with any number of users or locations.

Electronic Communications

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.

Electronic Communications

Your Account

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.

Cancellation/Refund Policy

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.

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 Ensure the Following:

1. Accounts, bills, bullion, currency, deeds, evidence of debt, furs, original/fine art, computer chips, loose precious/semi precious stones, jewellery, 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 fulfilment 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 the 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 pretence, or other fraudulent schemes.

Insurance Conditions:

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 collectable 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 a 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 submitted to FBM Primes 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 numbers, 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 domestically via the United States Post Office. No claims will be honoured 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.

No unlawful or prohibited use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use www.fbmprimes.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FBM Primes that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FBM Primes or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FBM Primes content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FBM Primes and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FBM Primes or our licensors except as expressly authorized by these Terms.

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.

International Users

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.

Indemnification

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.

Liability Disclaimer

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.

To the maximum extent permitted by applicable law, in no event shall FBM Primes and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if FBM Primes or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction

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: https://www.ups.com/us/en/help-center/shipping-support/prohibited-items.page

List of Prohibited or Restricted Articles for FedEx services: http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html

Shipping Restriction for USPS service: https://www.usps.com/ship/shipping-restrictions.htm

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.

Privacy

Your use of www.fbmprimes.com is subject to FBM PRIMES Inc’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

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.

Contact Us

FBM Primes welcomes your questions or comments regarding the Terms:

fbmprimes.com

15035 Proctor Ave,

City of Industry, CA 91746

Email Address: customer@fbmprimes.com

Telephone Number: +1 626-898-1617

Effective as of November 5, 2020

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