Please read these Terms and Conditions carefully before using our Website and Services.
Last Updated March 01, 2023
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND TRANSFER EXPRESS INTERNATIONAL.
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
For the purposes of these Terms and Conditions:
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the agreement between You and the Company regarding the use of the Website and Services.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Transfer Express International, 7th Floor, Main Office #220, 211 East 43rd Street, New York, N.Y. 10017.
Country refers to the USA - the United States of America.
Website refers to hirerepresentatives.com, accessible from www.hirerepresentatives.com and other websites or online channels we own or operate (collectively, the “Site”)
Customer whoever is looking for and/or making any inquiries or gathering any information about our Services. (all potential Clients)
Client a person or a company or given entity that has purchased and/or used our Services.
“You“ means the individual/company or other legal entity on behalf of which such individual is accessing or using the Website and/or Services, as applicable.
Consumer An end person, from your clientele, who engages our Services (for example; Your callers, Your customers, Your clients, Your prospects, Your buyers, Your new chat visitors, Your patients, etc...)
Services refer to Prime Service, Per Diem Service, Chat Service, and Software.
These are the Terms and Conditions governing the use of this Website and Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website and Services.
ACCEPTANCE OF THESE TERMS IS REQUIRED FOR THE USE OF TRANSFER EXPRESS’ WEBSITE AND SERVICES AND ANY USE OF TRANSFER EXPRESS’ WEBSITE AND/OR SERVICES SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS.
Your access to and use of the Website and Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, clients, customers, and others who access or use the Website and/or Services.
By accessing or using the Website and/or Service You agree to be unconditionally bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website and/or Services.
By purchasing any service from Us, you further agree to be bound by the Terms of Service for that particular Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Website or Service. If you are using or accessing the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms.
The Service including the Website and its original Content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service and Website are protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Permission is granted to temporarily download one copy of the materials (information or software) on Transfer Express’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, You may not:
a) modify or copy the materials;
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on Transfer Express’s Website;
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if You violate any of these restrictions and may be terminated by Transfer Express at any time. Upon terminating Your viewing of these materials, or upon the termination of this license, You must destroy any downloaded materials in Your possession whether in electronic or printed format.
Terms of Service (Prime Service / Per Diem Service)
Terms of Service refer to:
Becoming a Client
To become a Client, you must first register with Transfer Express, create an account, and select an available Service. Some Services may not be available to all Customers. We will explain which Services are available to you during the sign-up process.
Money Back Guarantee
Money Back Guarantee is 100% valid and it means that we will refund you money back for the billable time or service that you didn't use during the first month period if you have requested to cancel, only if requested before the end of the first month. For all services that rolled over into the next cycle, the refund cannot be issued.
A new Client subscription may in some cases start with a free trial or an introductory period during which we give you a money-back guarantee. If granted to you, the free trial period or the money-back guarantee introductory period, as applicable, lasts for the time period specified when you sign up as a Client. Please note that we will convert your Client account from a free trial account to a subscription account at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. Free trials and money-back guarantees are only available to new Clients who have never previously signed up for any of our Services. A Client that receives either a free trial or a money-back guarantee will not be eligible for either option in the future. Additional conditions, restrictions, or limitations may apply to a free trial or money-back guarantee.
Billing and Payment
If you sign up as a Customer, you agree to use the Services only as permitted by these Terms and to pay the fees associated with the Services to which you subscribe and any changes you make to your selections from time to time, as well as any and all applicable sales and use taxes for the purchase of your subscription based on the address that you provide when you register as a Client. All fees are quoted in United States dollars.
Payment Method. To receive subscription or free trial Services, you must maintain a valid credit or debit card or bank account for automated clearing house transaction (ACH) on file with us. You agree that we may charge your credit or debit card, withdraw amounts from your designated account at your depository institution, or charge any other payment method that you have on file with the fees due hereunder, any sales and use taxes, and any late fees or interest (as described below). We will charge your credit or debit card or withdraw from your designated account at your depository institution on file for the outstanding balance past due. You represent and warrant that the payment information you provide to us is correct and accurate and you are using a form of payment that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. Except for downgrades and cancellations by you in the manner permitted herein, payments are nonrefundable, and there are no refunds or credits for partially used periods.
Late Payment. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. In addition, if any payment is not received within 2 days after the due date, then we may charge a late fee of $50 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
Upgrades, Downgrades, and Cancellations. To upgrade, downgrade or cancel the Services you have selected, please contact Transfer Express International via email at email@example.com or via number +1 212 970 0050. Your upgrade or downgrade is effective immediately and applies to the entire monthly billing period during which you contacted us. Any resulting additional fees are due at the time of upgrade. If you contact us to cancel during a free trial or an introductory period during which we give you a money-back guarantee, your cancellation is effective immediately. Otherwise, your cancellation is effective at the end of the then-current billing period. If you cancel your subscription or otherwise terminate your agreement with us, we will retain any fees you paid to us under these Terms unless otherwise set forth herein. If we terminate your subscription and determine you are owed a refund for paid but unused fees, we will refund a prorated amount based on your subscription fee at the time of termination and the number of days remaining in the billing cycle by issuing a credit to your credit card.
Your Client Contract
Notwithstanding anything to the contrary herein, Transfer Express International reserves the right to immediately terminate your Client Contract or refuse to provide our Services if: (i) we suspect that a request from You or your Consumers interacting with us by telephone, text, live chat, or other Software features constitutes or otherwise relates to fraudulent or otherwise illegal activity or to a sexual or otherwise potentially illicit encounter, (ii) You or your Consumers are abusive, disrespectful, or otherwise inappropriate to our personnel, (iii) we determine, in our sole discretion, that our Services are not appropriate for your business or purposes, or (iv) you breach any of these Terms.
Texting Consent. By providing us with your wireless phone number, you consent to Transfer Express sending you informational text messages related to the products, Services, or information you have requested from us. If you activate a feature of our Software that allows us to send you text messages, per your request, we may contact you via text to test the system, for demonstration purposes, or to troubleshoot. The number of texts that we send to you will be based on your circumstances and requests. At your request or with your permission, we will also correspond with you via text in other circumstances. For example, we may contact you at the telephone number that you provide when you give us your permission as part of completing a form or reviewing important information from our website. If you contact us for these or other purposes through text, we may respond to your inquiry, by replying via text. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
Marketing Communications. We may send you marketing communications by email, mail, or other means in compliance with applicable law. As part of our policy to provide you with total privacy, we provide you the option of opting out from receiving marketing communications from Transfer Express International.
Transfer Express International will use commercially reasonable efforts to maintain the availability of the Services during your subscribed-to Service times. You agree and understand that there will be times when the Services will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other Clients, Customers, and/or Consumers; and any other causes beyond our reasonable control. Transfer Express will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Services. Transfer Express is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service, whether or not the cause is mentioned in this paragraph, or any lack of Service caused by your device or your internet or wireless service provider.
From time to time, we may, in our sole discretion, develop and provide updates to our Website and/or Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when an internet-connected device is connected to the internet, either (i) the Website and/or Services will automatically download and install all available Updates, or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that our Website and/or Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Website and/or Services and be subject to these Terms as well as third-party components whose updates are out of Our control.
Revisions and Errata
The materials appearing on Transfer Express’s Website could include technical, typographical, or photographic errors. Transfer Express International does not warrant that any of the materials on its Website are accurate, complete, or current. Transfer Express may make changes to the materials contained on its Website at any time without notice. Transfer Express does not, however, make any commitment to update the materials.
Some of the Services may be available through or integrated with third-party software, applications, or platforms ("Third Party Software"). In some cases, Transfer Express may offer the Services using Third Party Software, or you as a Client may choose to integrate our Services with a Third Party Software of your choosing. You are solely responsible for your use of the Services with any Third Party Software. You understand and agree that: (i) the Third Party Software may have its own terms and conditions of use and privacy policies, and you agree to use the Third Party Software in accordance with all applicable terms and conditions and privacy policies; (ii) Transfer Express does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Software or for any transaction you may enter into with the provider of any such Third Party Software; and (iii) Transfer Express does not warrant the compatibility or continuing compatibility of the Third Party Software with our Services. Without limiting the generality of the foregoing, you understand and agree that if you use the Services to receive payments from Consumers or other third parties, such payments are processed via a Third Party Software payment processor and your use of the payment processor service is subject to the third party’s terms and conditions and privacy practices. Please review such terms and conditions and privacy policies and/or notices before using those services.
Terms Modifications & Website Updates
Transfer Express may revise these Terms and Conditions for its Website and/or Services, as well as Terms of Service for the Services at any time without notice. By using our Website and/or Service You are agreeing to be bound by the then current version of these Terms and Conditions. If You do not agree to the new Terms, in whole or in part, please stop using the Website and/or Services.
Upon termination of these Terms: (a.) the rights and licenses granted to you herein shall terminate; (b.) you shall cease all use of the Services that have been terminated; and (c.) Transfer Express International may at our own discretion remove and/or purge data, account information, and any other information obtained by us in connection with providing you the Services.
You are strictly prohibited from using the Services: (i) in a manner that violates any applicable law, rule or regulation, including without limitation the U.S. CAN-SPAM Act, the Canadian Anti-Spam Legislation, the U.S. Telephone Consumer Protection Act, or the Children’s Online Privacy Protection Act, each as amended from time to time; (ii) to transmit, store, or process health information in violation of the United States Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (iii) to promote any goods or services or send communications that are illegal in the place offered to Consumers; (iv) to advertise or promote adult services, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as but not limited to support a “pump and dump” scheme); (v) to defraud, deceive or mislead anyone; (vi) to communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive; (vii) to promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or (viii) to threaten or promote violence. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Services or any portion thereof (including the Content) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Site and/or our Services.
The United States Legal Compliance
You represent and warrant that (a) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (b) You are not listed on any United States government list of prohibited or restricted parties.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
User Generated Material
Site visitors and users of our other Services may have the opportunity to publish, transmit, submit, or otherwise post comments, Feedback, photos, or other materials via the Services (“User Generated Material”) that may be accessible and viewable by the public or others. With respect to any User Generated Material posted by you, you represent that (i) you created and own the rights to the content, or you have the owner’s express permission to post such content; and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies.
User Generated Material must not (a.) misrepresent your identity or affiliation with any person or organization; (b.) seek to collect others’ Personal Information by any means; (c.) seek to transmit chain letters, or bulk or junk email; (d.) relate to contests, sweepstakes, or other sales promotions; (e.) include information that may be used to track, contact, or impersonate another; (f.) infringe any intellectual property or other proprietary rights of Transfer Express or any other person; (g.) seek to harm or exploit children; (h.) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i.) violate Transfer Express’ or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j.) be otherwise objectionable as determined by Transfer Express at our sole discretion.
You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted via the Services and from any claims related to the conduct of any other users. We reserve the right but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store User Generated Material at any time and for any reason without notice. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views, or advice. We take no responsibility and assume no liability for any User Generated Material that you or a third-party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
In consideration for your use of the User Generated Material features, you grant to Transfer Express an irrevocable, worldwide, royalty-free, international, fully paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Generated Material in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting Transfer Express, our products, our Services and/or Website. You acknowledge that Transfer Express may modify the User-Generated Material for any purpose. However, Transfer Express has no obligation to use any User-Generated Material, and Transfer Express’ use of any User-Generated Material does not create or imply any endorsement of or affiliation with you.
Links to Other Websites
Our Website and/or Service may contain links to third-party websites or services that are not owned or controlled by the Company. Links to other websites from the Services and Site are provided solely for your convenience.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on anything such as, but not limited to, content, goods, or services available on or through any such websites or services.
Please be aware that when you click on links that take you to external websites, you do so at your own risk. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. Any concerns regarding any such website, service, or resource should be directed to the website’s owner or operator.
Unless otherwise expressly indicated, the information contained on our Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, software code, written information, and screens appearing in the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks, on the Site or in our other Services, are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Content”) owned, controlled, or licensed by Transfer Express International or its affiliates, or are the property of their respective owners. The Content is protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. No license to or regarding any of the Content is granted in connection with your use of the Services. You understand that your use of the Services does not authorize you to use any Content in any manner other than specifically authorized by these Terms. You may not use our Content in any way that might confuse or disparages us. Any other use of the Content in the Services including reproduction for purposes other than as noted herein, without the prior written permission of Transfer Express, is strictly prohibited. Only a duly authorized officer of Transfer Express may grant permission or a license to use any of our Content; any attempted grant or similar promise by anyone other than a duly authorized officer of Transfer Express is invalid.
Copyright. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Content without the prior written permission of Transfer Express International. You may only display, download, or print the Content for the purpose of using the Services as an internal or personal business resource.
Trademarks. The following is a non-exhaustive list of Transfer Express’ registered and/or common law trademarks and service marks: Transfer Express International (word mark); Transfer Express Logo (in various stylizations); Transfer Express also including but not limited to all logos, trademarks, service marks, product names and trade names associated with Company. Transfer Express’ trademarks, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial, or modified form, without the prior written permission of Transfer Express International. You may not use any meta tags or any other hidden text utilizing a Transfer Express name, trademark, or product name without Transfer Express’ prior written permission. Third-party trademarks and service marks used in our Website and/or Services are the property of their respective owners, and we use them with their consent. Transfer Express International and the other licensors of the marks in our Website and Services reserve all rights with respect to all Content and all intellectual property.
Feedback. You may from time to time provide us with materials, communications, suggestions, comments, improvements, ideas, or other feedback related to the Site or our Services (“Feedback”). You hereby additionally grant to us all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site or our Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
Unsolicited Submissions. Please do not send or provide any unsolicited data, reports, studies, ideas, works, materials, proposals, suggestions, content, or the like (collectively, “Unsolicited Submissions”) in any form to Transfer Express or any of our employees or contractors. As a result of the legal and business complexities, we regret that it has become necessary for us to adopt a strict policy against accepting or considering any Unsolicited Submissions sent to us. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you. If despite our request that you do not send us your Unsolicited Submissions, you still submit them, then regardless of what your correspondence says, you understand and agree that the following terms will apply to your submissions: (i) your Unsolicited Submissions and their contents will automatically become the property of Transfer Express International, without any compensation to you; (ii) there is no obligation for Transfer Express to review, consider, or otherwise use the Unsolicited Submissions; (iii) Transfer Express may use or redistribute the Unsolicited Submissions and their contents for any purpose and in any way, and (iv) there is no obligation to keep any submissions confidential.
Copyright Infringement/DMCA Notice. Transfer Express International takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA-compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may contact us at firstname.lastname@example.org or via our direct phone line at +1 212 970 0050.
Please include the following information with your complaint (you should speak with your legal counsel or See 17 U.S.C. § 512( c )( 3 ) to confirm these requirements): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all requirements of this section, your DMCA notice may not be valid. If material is believed in good faith by Transfer Express to infringe a copyright or otherwise violate any intellectual property rights, Transfer Express will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
You are strictly prohibited from violating or trying to violate Transfer Express’ security features, such as by: (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, including but not limited to overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the Services or any activity being conducted via the Services. You further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including but not limited to browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site or other Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Consent to do Business Online
Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink.
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at email@example.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD TRANSFER EXPRESS INTERNATIONAL, OUR SUBSIDIARIES, OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY DIRECT OR THIRD-PARTY CLAIMS, LOSSES, LIABILITIES, COSTS, EXPENSES, DAMAGES, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES DUE TO, RELATING TO, OR ARISING OUT OF (I) YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES IN VIOLATION OF OUR TERMS; (II) OUR PROVISION OF THE SERVICES; (III) YOUR USER GENERATED MATERIAL; (IV) YOUR BREACH OR ALLEGED BREACH OF ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREUNDER OR YOUR VIOLATION OF ANY OTHER PROVISION OF THESE TERMS; OR (V) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TRANSFER EXPRESS MAY SELECT ITS OWN LEGAL COUNSEL TO REPRESENT ITS INTERESTS WHEN DEFENDING AGAINST DIRECT OR THIRD-PARTY CLAIMS OR DEMANDS, AND YOU MUST (A) REIMBURSE TRANSFER EXPRESS FOR ITS COSTS AND ATTORNEYS’ FEES IMMEDIATELY UPON REQUEST AS THEY ARE INCURRED, AND (B) REMAIN RESPONSIBLE TO TRANSFER EXPRESS FOR ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND IDENTIFIED IN THIS SECTION.
Disclaimer of Warranties
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website and/or Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Your use of the Website and/or Services is at your own risk. Transfer Express International makes no express, implied, or statutory, representations, warranties, or guarantees in connection with the Services nor Website or relating to the availability, quality, reliability, suitability, timeliness, truth, accuracy, or completeness of the Website and/or Services.
No oral or written information, representation, or advice given by Transfer Express International shall create a warranty without written consent signed by Transfer Express International reflecting the creation of such warranty.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website and/or Services, or the information, content, and materials or products included thereon; (ii) that the Website and/or Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website and/or Services; or (iv) that the Services and/or Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Transfer Express International does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website, or otherwise relating to such materials, or on any websites linked to this Website.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website and/or Services, third-party software and/or third-party hardware used with the Website and/or Services, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSFER EXPRESS INTERNATIONAL BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY - WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, WARRANTY, STATUTE, OR OTHERWISE - FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING, EVEN IF TRANSFER EXPRESS KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TRANSFER EXPRESS SHALL NOT BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO TRANSFER EXPRESS FOR SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT TRANSFER EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY CLAUSE OR PROVISION OF THIS SECTION IS OR BECOMES ILLEGAL, INVALID, IMPOSSIBLE TO PERFORM, OR UNENFORCEABLE UNDER PRESENT OR FUTURE LAWS EFFECTIVE DURING THE LIFE OF THESE TERMS, THE PARTIES INTEND THAT THE REMAINDER OF THIS SECTION SHALL NOT BE AFFECTED AND THAT THIS SECTION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
If You have any concerns or disputes about the Website or Service, You agree to first try to resolve the dispute informally by contacting the Company.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any claim, controversy, complaint, grievance, or dispute between you and Transfer Express International arising out of or relating to (i) these Terms, or the breach thereof; (ii) our provision of the Services; (iii) your access to or use of the Website and/or Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Transfer Express International, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. Transfer Express will contact you by email as part of a good-faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Transfer Express may bring a formal proceeding.
Arbitration Agreement. You and Transfer Express International each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in New York City, NY, United States. The AAA rules will govern the payment of all arbitration fees. Notwithstanding the foregoing, either you or Transfer Express may assert claims, if they qualify, in small claims court in New York City, NY, or any New York State county we agree to. Transfer Express International may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Class Action Waiver. You may only resolve Disputes with Transfer Express International on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service and Website. Your use of the Application may also be subject to other local, state, national, or international laws. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws principles. The Federal Arbitration Act, New York state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You hereby consent to the exclusive jurisdiction of the state and federal courts located in New York City, NY, USA to enforce these Terms or adjudicate any other Dispute, and you and Transfer Express each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and Transfer Express International agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in New York City, NY.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Terms and Conditions Termination
Except for any termination of your Client Contract as set forth above, these Terms shall remain in full force and effect as long as you use the Site or any other Transfer Express Services. To terminate these Terms, please contact Transfer Express in writing and discontinue all use of the Services. Any cancellation of the Services or termination of these Terms is effective when you discontinue all use of the Services. On termination, you lose the right to access or use all Transfer Express International Services. The Terms and Conditions set forth under the following section headings (inclusive of all subsections) shall survive termination: Communications; Acceptable Use; Proprietary Rights; Use Licence; Third Party Software; Limitations of Liability; Access; Site Security; Indemnification; Disclaimer of Warranties; Governing Law; Dispute Resolution; Entire Agreement; and Miscellaneous.
Geographic Restrictions. Transfer Express International is owned and operated in the United States of America. We make no guarantees that all Services or any other products or services or their content is accessible or appropriate outside of the United States. Access to our Website and/or Services may not be legal by certain persons or in certain countries. If you access the Website and Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Relationship of Parties. The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.
Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but Transfer Express may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Notwithstanding the foregoing, either Party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by the sale of assets or equity, merger, consolidation, or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.
Enforcement. Transfer Express reserves the right (but is not required) to remove or disable your access to our Services, disable any username, password, or other identifiers, whether chosen by you or provided by us, or remove any Content, or your User Generated Material at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by Transfer Express, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
Purchasing a Service from Us / Acceptance of Terms of Service
Severability. Transfer Express’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given (i) via email; or (ii) by posting to the Website. For notices made by email, the date of sending the message will be deemed the date on which such notice is transmitted.
Terms and Conditions Revisions
Transfer Express reserves the right to revise these Terms by updating the Terms and Conditions posted to our Website without prior notice. Your continued use of our Website and/or Services following the posting of changes constitutes your acceptance of such changes. You are advised to periodically visit this page to determine the then current Terms. You further agree that in the event any portion of these Terms is found to be unenforceable, the remainder of these Terms shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.
By using our Website and/or Services, You consent to our current Terms and Conditions.
If You have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
Transfer Express International