THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF AMERISHIP, LLC (“AMERISHIP”), INCLUDING YOUR USE OF THE SERVICES AND CONTENT. THE TERM “AMERISHIP” INCLUDES THE ENTITY, AS WELL AS ALL EMPLOYEES, OFFICERS, OWNERS, MEMBERS, ATTORNEYS AND AGENTS. ANY VIEWING OR USE OF THIS SITE IN CONNECTION WITH ANY USE OF THE SERVICES OF AMERISHIP WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU”, “CUSTOMER”, OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.


AMERISHIP MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT USE OF AMERISHIP.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT AMERISHIP.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH AMERISHIP.COM. THE TERM “AMERISHIP.COM” REFERS TO THE NAMED WEBSITE, AS WELL AS ANY WEBSITE RELATED TO SERVICES PROVIDED BY AMERISHIP, INCLUDING THE WEBSITES OF ANY THIRD-PARTIES TO WHICH YOU ARE DIRECTED BY AMERISHIP.COM OR ANY PERSON WHO WORKS FOR AMERISHIP.

  1. Registration: When you register with AMERISHIP.COM, you agree to provide
    accurate and current information about Yourself and the entity that you represent. You
    agree to maintain and promptly update your online profile information to make sure it is accurate and current.
    When you register using AMERISHIP.COM, you will select a user ID and
    password. You are responsible for maintaining the confidentiality of the password and user
    ID, and you are responsible for all activities that occur under Your password and user ID.
    You agree to (a) immediately notify AMERISHIP.COM of any unauthorized use
    of Your user ID and password, and (b) ensure that You exit from Your
    AMERISHIP.COM and other website session at the end of each visit.
    You acknowledge and agree that it may be necessary from time to time for AMERISHIP to
    confirm the validity of the credit card information you provided to open your
    AMERISHIP.COM account. When this occurs, AMERISHIP.COM may
    request a temporary authorization hold for a nominal amount on your card. This
    authorization hold does not result in actual charges to your card. These authorizations will
    automatically expire based on guidelines established by your card issuer.

2. Payments: Payments: Payment is due upon receipt. You will provide a bank account for
    AMERISHIP to charge all invoices to. If you wish to place a credit card on file instead AMERISHIP will
    assess a 3.5% fee. All other payment arrangements must be agreed to by AMERISHIP.

3. Packaging and Responsibility for Damage. You agree to provide AMERISHIP with products (the
   “Products”) that are properly and safely packed and properly addressed to a residence or
   business (not a post office box or other similar mail box). Such packaging shall be in
   accordance with industry standards. Products shall be in a sealed package and the contents
   shall be listed in a manifest. AMERISHIP is not responsible for damage to the products due to
   deficiencies in packaging. You agree to indemnify and hold AMERISHIP harmless for and claims
   or damages sought against AMERISHIP as a result of damage to the Product as a result of
   inadequate packaging. Any special handing instructions for the Product shall be clearly
   listed on the package. You represent and warrant that the contents of any package provided
   to a driver for AMERISHIP for purposes of delivery is not hazardous, dangerous or illegal. AMERISHIP
   may refuse to accept any package for delivery that does not comply with the requirements
   of this Agreement or appears to pose a potential safety hazard.

4. Non-Solicitation. You acknowledge that during the course of AMERISHIP’s performance of
   duties under this Agreement, You may come in contact with employees of AMERISHIP, or
   independent contractors providing services to AMERISHIP. You agree that You will not attempt
   to solicit or encourage such individuals to discontinue their relationship with AMERISHIP. You
   agree that in the event it engages in conduct prohibited under this provision, that it will
   cause irreparable damages to AMERISHIP for which AMERISHIP has available only equitable remedies
   including a temporary restraining order and injunction. You agree that such relief is
   reasonable and is reasonably calculated to protect the legitimate business interests of
   AMERISHIP.

5. Independent Contractor. AMERISHIP and You agree that under no circumstances shall either be
   considered an employee of the other. Neither party shall have the right to direct the manner
   in which either party performs services or obligations under this Agreement.

6. Examination of Package. AMERISHIP may examine the outside of the package in the presence
   of You to determine if there is any damage to the package. Acceptance of the package for
   delivery shall not be a waiver of any claim that the package had le damage when picked
   up. In the event AMERISHIP discovers any damage to the package, AMERISHIP may refuse to deliver
   the package in its condition.

7. Access to Delivery Address. Customer shall notify recipient of the delivery of the Product
   by AMERISHIP and obtain the agreement of the recipient to have an authorized person available
   at the delivery address to sign for the package. Customer shall determine if there are any
   security access requirements for delivery to recipient address and shall arrange for recipient
   to provide access for purposes of delivery. If AMERISHIP cannot make a delivery because
   customer has failed to comply with this Paragraph, or recipient has not provided access or
   is not available to accept the package, AMERISHIP will attempt the delivery on the next business
   day. Customer shall hold AMERISHIP harmless for any claims or damages that arise due to an
   inability to deliver the package because of non-compliance with this paragraph.

8. Delays. In the event AMERISHIP fails to deliver a package as scheduled and that delay is not
   caused by any of customer actions or inactions (or actions or inactions of recipient), then
   AMERISHIP shall deliver the Package on the next day. AMERISHIP’s delivery of the product is agreed
   to be full compensation for all damages that may be caused by a delay in the delivery of
   the package. AMERISHIP shall notify customer of any delay in the delivery of the Product as
   soon as reasonably possible. AMERISHIP will attempt all packages up to three times.

9. Lost, Damaged or Stolen Products. You have the option of declaring the value of the
   Package and/or Product in connection with Your request for AMERISHIP’s services through the
   portal. If no amount is declared, you agree that the maximum liability of AMERISHIP for
    lost, damaged or stolen Packages and/or Products is $250.00. If You declare a value
   greater than $250.00, the maximum liability of AMERISHIP for lost, damaged or stolen Packages
   and/or Products is the declared value, up to $20,000.00 and You release AMERISHIP from
   liability for any claim for declared value in excess of the declared amount. You
   understand and agree that the fee for delivery of items with a declared value in excess of
   $250.00 is higher than the fee set out in AMERISHIP’s price list and that You may determine the
   additional fee(s) upon entry of the declared value through the portal. Any claim for lost,
   damaged or stolen Products and/or Packages must be made in writing, no later than
   30 days from the date on which delivery was scheduled and shall be accompanied by
   documentation acceptable to AMERISHIP reflecting the cost of replacement. The claim shall
   be deemed “made” when AMERISHIP actually receives the notice. You expressly waive any
   claim not presented to AMERISHIP in accordance with this paragraph.

10. Arbitration: You and AMERISHIP agree that any dispute arising out of or relating in any manner
   to services rendered or payments allegedly owed, under this agreement or related to this
   agreement, shall be resolved by binding arbitration pursuant to the Commercial Rules of
   the American Arbitration Association, which rules are hereby incorporated by reference.

11. Governing Law, Venue and Statute of Limitations. This agreement shall be construed by
   the laws of the State of Texas, excluding its conflict of laws provisions. If for any reason a
   court of competent jurisdiction finds any provision of these Terms and Conditions, or a
   portion thereof, to be unenforceable, that provision shall be enforced only to the maximum
   extent legally permissible. Any cause of action with respect to AMERISHIP, its employees,
   agents or its website must be instituted within one year and one day after the claim or cause
   of action has risen or be barred. Mandatory venue for any arbitration related to this
   Agreement, or any court action related to the arbitration provision, shall be in Dallas
   County Texas.

12. Disclaimer of Warranty: AMERISHIP’S SERVICES ARE PROVIDED “AS IS”. AMERISHIP
   DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
   INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
   MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
   NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR
   ABILIITY OR INABILITY TO USE AMERISHIP.COM OR ANY
   RELATED WEBSITE OR WEBSITE TO WHICH YOU ARE DIRECTED FROM
   AMERISHIP.COM
   AMERISHIP EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES
   REGARDING AMERISHIP.COM AND ITS CONTENT, WHETHER
   EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
   WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
   PURPOSE. AMERISHIP DOES NOT WARRANT THAT AMERISHIP OR
   AMERISHIP.COM AND ANY OTHER RELATED WEBSITE WILL MEET
   ALL OF YOUR OR YOUR CUSTOMERS’ REQUIREMENTS OR THAT ITS
   OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY
   DEFECT WITHIN AMERISHIP OR ANY OF ITS CONTENT OR ANY OF
   ITS DIRECT OR INDIRECT OR RELATED SERVICES WILL BE CORRECTED.
   FURTHERMORE, AMERISHIP DOES NOT WARRANT NOR MAKE ANY
   REPRESENTATION REGARDING THE RESULTS OF YOUR OR YOUR
   CUSTOMERS’ USE OF AMERISHIP.COM, ANY RELATED WEBSITE,
   INCLUDING THIRD-PARTIES’ WEBSITES TO WHICH YOU ARE DIRECTED
   BY AMERISHIP OR AMERISHIP.COM, IN TERMS OF CAPABILITY,
   CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR
   WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY AMERISHIP
   OR AN AUTHORIZED REPRESENTATIVE OF AMERISHIP SHALL CREATE A WARRANTY.

13. Waiver of Liability and Consequential Damages: YOUR USE OF
   AMERISHIP.COM OR ANY WEBSITE TO WHICH YOU ARE DIRECTED BY
   AMERISHIP OR AMERISHIP.COM, AND YOUR USE OF THE SERVICES OF AMERISHIP
   IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
   LIMITED TO NEGLIGENCE, SHALL AMERISHIP BE LIABLE TO YOU OR TO ANY
   PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT,
   INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT,
   CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW
   RESULTING FROM THE ACCESS TO OR USE OF INSIGHT INFORMATION OR
   THE INTERNET, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS
   OR USE; INSIGHT INFORMATION OR THE INTERNET, INCLUDING, WITHOUT
   LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR
   BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN
   IF AMERISHIP, OR AN AUTHORIZED REPRESENTATIVE OF AMERISHIP HAS BEEN
   ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THEY HAVE
   REPRESENTED TO YOU THAT AMERISHIP WOULD ASSUME SUCH LIABLITY
   BECAUSE YOU ARE HEREBY PUT ON NOTICE THAT NO EMPLOYEE OF AMERISHIP
   OTHER THAN THE CEO, HAS THE AUTHORITY TO ENTER INTO ANY SUCH
   AGREEMENT AND ANY SUCH AGREEMENT SIGNED BY ANY PERSON
   PURPORTING TO ACT ON BEHALF OF AMERISHIP, IS VOID AND IS EXPRESSLY
   REJECTED.
   AMERISHIP, will not be liable for Your acts or omissions, including but not limited to, incorrect
   completion or updating of any enrollment or profile form, failure to implement adequate
   internal security measures to safeguard Your login id or password code, or Services or
   Content provided to or accessed by You (or portions thereof) and its confidentiality or for
   the acts or omissions of the recipient or anyone else with an interest in
   AMERISHIP.COM OR ANY RELATED WEBSITE. Also, AMERISHIP, will not be
   liable if You violate any of the terms of this Agreement. AMERISHIP, will not be liable for loss,
   damages or delay caused by events AMERISHIP, cannot control, including but not limited to, acts
   of God, perils of the air, weather conditions, mechanical delays, acts of public enemies,
   war, strikes, civil commotions, or acts or omissions of public authorities (including customs
   and health officials) with actual or apparent authority. You agree to immediately notify
   AMERISHIP, of any known or suspected unauthorized use of your logon id, password code or
   any other confidential information relating to AMERISHIP or any known or suspected breach of
   security, including loss, theft, or damage to your shipments.

14. Entire Agreement. These Terms and Conditions are the entire agreement between you and
   AMERISHIP and there are no other agreements, whether verbal or in writing, regarding the
   subject matter of this agreement.

15. Indemnification: You shall bear the risk of loss or damage resulting from Your use of
   AMERISHIP.COM or your dealings with AMERISHIP. You agree to defend, indemnify
   and hold harmless AMERISHIP and its respective officers, directors, employees, agents and
   representatives from any and all claims, demands, damages (including incidental and
consequential damages), liabilities, costs, expenses, suits and judgments, including the
   payment of legal fees arising out of or relating to any of the following:
       Your breach of any of these terms and conditions,
       Your activities conducted in connection with AMERISHIP.COM or any of
   AMERISHIP’s Services
       Your failure to abide by any applicable laws or regulations regarding
   AMERISHIP.com, its Content or any of the Services
       AMERISHIP’s provision of data and information to You (including, without limitation, any
   errors in the information or any unavailable or incomplete information)
       Authorized or unauthorized uses of AMERISHIP.COM or any of AMERISHIP’s
   Services any manner by You or on Your behalf, directly or indirectly, including,
   without limitation, claims relating to reroutes or thefts of shipments, claims of breach
   of privacy, or Your failure to implement adequate internal security measures to
   safeguard Your login id, password code or any other data or information provided by
   AMERISHIP (or any portion thereof) and its confidentiality.

16. Links to Other Websites: AMERISHIP does not warrant or vouch for any third-party website,
   whether or not AMERISHIP has provided a link to that site. Third-party sites and the companies
   to which they belong are not controlled by AMERISHIP. AMERISHIP 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. AMERISHIP has not tested and makes no representations regarding the
   correctness, performance or quality of any software found at any such sites. You should
   research and assess the risks which may be involved in accessing and using any software
   on the Internet before using it.