Welcome to DroppingBy. DroppingBy provides an Online Shipping Marketplace where individuals and businesses can post free listings of items they
require delivering and Shipping Providers can bid and if successful, enter into agreements with eachother (the Service). DroppingBy provides
the Service at its website located at www.DroppingBy.com (the Website). The Service and the Website are owned by DroppingBy BY USING THE
WEBSITE AND/OR THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE (TERMS OF SERVICE). IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR THE SERVICE.
Please read these Terms of Service carefully. This is a legal agreement between you and DroppingBy. Provided you agree and comply with these
Terms of Service and such other policies and restrictions as DroppingBy.com may put in place from time to time, DroppingBy grants you a personal,
limited, revocable right to access and use the Website.
We may amend the terms and conditions at any time by posting the amended term on this Website. All amended terms and conditions shall take
effect immediately after posting to this Website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement
may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our
website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on January 28th, 2008 for
all users.
OWNERSHIP OF WEBSITE AND CONTENT
The Website is the property of DroppingBy. All content, including, without limitation, all text, including descriptions and feedback, graphics,
photographs, trademarks, logos, sounds, music, artwork and the computer code comprising the same (collectively, Content), and the design and
arrangement of such Content, on the Website is owned, controlled or licensed by or to DroppingBy, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property rights and unfair competition laws.
If you post Content on the Website, you grant DroppingBy a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free,
sub-licensable right to use, modify, perform and/or display, reproduce and distribute and any other copyright rights you have in such Content,
in any media and any form. By posting Content on the Website, you represent and warrant to DroppingBy that you have the right to grant DroppingBy
the rights above.
YOUR USE OF THE WEBSITE
General Restrictions
You may not copy, reproduce, display, transmit or distribute any part of the Website or the Content in any way without DroppingBy's prior
written consent.
You may not use any process or means (including circumventing security protocols or the navigational structure of the web site) to access
any information not purposely made available by DroppingBy through the Website. You may not attempt to gain or actually gain unauthorized access
to any portion or feature of the Website, or any other systems connected to the Website, or to any of the services offered on or through
the Website, by illicit or illegitimate means.
You may not use any means to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on
the Website, or with any other person's use of the Website.
You may not manipulate or falsify any transmittal (including data and personal information) you send to DroppingBy or any other user through
the Website.
You may not use the Website or any Content for any unlawful purpose, including the solicitation of any unlawful activity, or other activity
that infringes the rights of DroppingBy or others.
You are solely responsible for your conduct and any Content, including, without limitation, data, files, text, information, graphics, photos,
profiles, audio, and video clips, links or any other material that you submit, post, display, transmit through the Website any activity that
occurs under your username, and keeping your password secure.
You may not abuse, harass, threaten, impersonate or intimidate other DroppingBy users through the use of the Service.
You may not take action to undermine the feedback or rating system such as displaying, importing or exporting feedback information to or off the
site or for using it for purposes unrelated to DroppingBy.
You may not modify, adapt, or hack into DroppingBy or modify another website so as to falsely imply that it is associated with DroppingBy.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
Service Restrictions
You may not use the Service if you are unable to complete a transaction, including, without limitation, (1) you are not able to form binding
legal contracts (such as if you are under the age of 18), (2) you are not able to fulfill your responsibilities under the applicable listing
(for example, making payment if you accept a bid or providing the shipping service for an item you have an active bid on or (3) your posting
of listing or delivering of an item would violate any law, rule or regulation applicable to you.
You may not use the Service for any purpose except the listing of items in need of shipping or the selection of an item to deliver, without
limitation, false or deceptive advertising, distribution of viruses or malicious content, and/or posting of spam or the gathering of
information about users of the Service without consent.
You may not misrepresent an item or shipping requirements you post for on the website, including, mis-categorizing an item or shipping
requirements, disclosing false or misleading information about the item or shipping requirements, including its, or failing to adequately
describe an item.
You may not list any item for shipping that you do not have the power and authority to move.
You may not use the Service except in compliance with the rules established by DroppingBy from time to time.
You may not circumvent the shipping process.
You may not provide other users with your telephone number, email, and/or internet address when communicating with them through DroppingBy's
Message System, until you have accepted the shipping transaction.
You may not list any item or link or post or request or offer to ship any related material that infringes any third-party intellectual property
rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy),
constitutes libel or slander or is otherwise defamatory, and/or is counterfeited, illegal, stolen, or fraudulent.
You may not list any item prohibited and restricted items. Prohibited Items: Hazardous or dangerous goods. These are items that may pose a
danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and
toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on DroppingBy. The few
hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be listed
on DroppingBy - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned
method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the US,
see the U.S. Postal Service Publication 52. Restricted Items: Prohibited regulated or perishable goods. These are items considered restricted
or perishable by the U.S. Postal Service which generally do not pose a danger to health, safety, or property while being transported, but their
transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail
or commercial carrier are permitted on DroppingBy (see U.S. Postal Service Publication 52 for additional details). Full responsibility rests
with the sender to comply with all postal and nonpostal laws and regulations that relate to the mailing of hazardous, restricted and perishable
material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties
(i.e., fines and/or imprisonment), including but not limited to those specified in 18 U.S.C.
You must register in order to use the Service. In order to register, you need to provide, among other information, a valid email address,
and a valid billing address. To register as a Shipping Provider you will also need to complete the Inspection Process.
You represent and warrant that all registration information you submit is true, correct and complete and that you agree to maintain the
accuracy of such information.
As a party to any shipping transaction, you agree to be bound by the terms of the transaction that you negotiate with your shipping partner,
including, but not limited to, those related to deposit, dates, addresses or compensation for loss or damage of items.
FEES
Joining DroppingBy, posting listings and bidding on listed items is free. We do charge the Shipping Provider a fee for entering into a
transaction. This fee is 5% of the transaction amount. This fee is sent to DroppingBy via a 5% deposit paid by the Shipper when accepting
a bid and entering into a transaction with a Shipping Provider. It is the Shipping Provider's responsibility to recover the remaining 95%
of the total transaction fee from the Shipper. We may change this fee from time to time. Changes to that Policy are effective after we provide
you with at least fourteen days' notice by posting the changes on the Website. We may choose to temporarily change the fees for our services
for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the
Website.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with
the Website in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed
using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal
counsel.)
ADDITIONAL TERMS AND CONDITIONS
The Website may contain additional terms and conditions for the use of certain features of the Website, which terms and conditions will be set
forth on the Website in proximity to the applicable feature. Your use of such features of the Website constitutes your acceptance of
such additional terms and conditions.
DroppingBy may offer a basic form shipping contract for your shipping transactions. Your use of any such contract is at your own risk.
DroppingBy may establish limits concerning the use of the Service including, but not limited to maximum number of days your Content will be
retained, the maximum number and size of postings, the number of email messages, or other content that may be transmitted or stored by the
Service, and the frequency with which you may access the Service.
PRIVACY; SECURITY
Privacy Policy Privacy Policy applies to your use of the Website, and its terms are made a part of these Terms of Service.
You acknowledge and agree that data transmissions are never completely private or secure. You understand that any message or information you
send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit
card information) is encrypted.
LINKS
This Website may contain links to other independent third-party web sites (Linked Sites). These Linked Sites are provided solely as a
convenience to our visitors. Such Linked Sites are not under DroppingBy's control, and DroppingBy is not responsible for and does
not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to
make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
DROPPINGBY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE
DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE OR ALTERATION WITHOUT NOTICE.
DROPPINGBY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES. DROPPINGBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. DROPPINGBY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING
OTHER USERS, IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY DROPPINGBY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR
USE OF THE WEBSITE AND THE SERVICES DROPPINGBY OFFERS ON THE WEBSITE. YOUR SOLE REMEDY AGAINST DROPPINGBY FOR DISSATISFACTION WITH THE WEBSITE
OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
DroppingBy shall not be liable for the deletion or failure to store any content maintained or transmitted by the Service.
DroppingBy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will DroppingBy be liable to you for any indirect, consequential, exemplary, incidental or
punitive damages, including lost profits, even if DroppingBy has been advised of the possibility of such damages. You acknowledge and
agree that DroppingBy is not involved in the actual transaction between users. We make no representations or warranties regarding, and no
guarantees about, the accuracy of listings, the ability of users to pay for shipping or the ability for Shipping Providers to provide the
service.
Whilst Shipping Providers must pass a 10-point inspection process when registering on the Website, users are responsible for ensuring that if
they enter a transaction with a Shipping Provider that the Shipping Provider's license, insurance and registration is still valid and up-to-date.
This can be done by visiting http://safer.fmcsa.dot.gov/CompanySnapshot.aspx and entering either the Shipping Provider's MC or USDOT number.
If, notwithstanding the other provisions of these Terms of Service, DroppingBy is found to be liable to you for any damage or loss which arises out
of or is in any way connected with your use of the Website or any Content, DroppingBy 's liability shall in no event exceed the greater of
(1) the total of any fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial
claim made against DroppingBy, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not
apply to you.
INDEMNITY AND RELEASE
You agree to indemnify and hold DroppingBy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against
DroppingBy by any third party due to or arising out of or in connection with your use of the Website. If you have a dispute with another
user(s), you agree to release DroppingBy and its officers, directors, agents, employees and representatives from any claims, demands, actions,
losses, damages of every kind and nature, whether known or unknown, arising out of such dispute. If you are a California resident, you are to
waive the application of California Civil Code Section 1542 which states:A general release does not extent to claims which the creditor does
not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor.
VIOLATION OF THESE TERMS OF SERVICE
You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause
irreparable harm to DroppingBy, for which monetary damages would be inadequate, and you consent to DroppingBy obtaining any injunctive
or equitable relief that DroppingBy deems necessary or appropriate in such circumstances. These remedies are in addition to any other
remedies DroppingBy may have at law or in equity. You agree that DroppingBy will not be liable to you or to any third party for termination
of your access to the Website for any reason.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by and construed in
accordance with English Law. You and DroppingBy both agree to submit to the non-exclusive jurisdiction of the English Courts. Any claim under
these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No
recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs
and attorneys' fees.
If a dispute arises out of or relates to this Agreement, or the breach thereof, you agree to try in good faith to settle the dispute by
contacting the DroppingBy directly.
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, you
agree to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (http://www.adr.org/fileacase)
under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
If a dispute arising out of or relating to this Agreement, or the breach thereof, and if the dispute cannot not be solved through negotiation,
or mediation, you agree to settle the dispute by arbitration administered by the American Arbitration Association (http://www.adr.org/fileacase)
under its Commercial Mediation Procedures and its Consumer-Related Disputes Supplementary Procedures before resorting to litigation, or some
other dispute resolution procedure. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If the dispute cannot be resolved through negotiation, mediation, or arbitration, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
VOID WHERE PROHIBITED
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on
the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America.
Any offer for any feature, product or service made on the Website is void where prohibited. You are solely responsible for complying with
applicable local laws.
MISCELLANEOUS
You may not use the Website or any Content in violation of any applicable laws or regulations, including without limitation United States
export laws and regulations. No agency, partnership, joint venture, or similar relationship is created by your use of the Website. If any
of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these
Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement
between you and DroppingBy with regard to your use of the Website, and any and all other written or oral agreements or understandings previously
existing between you and DroppingBy with respect to such use are hereby superseded and cancelled. DroppingBy will not accept any counter-offers
to these Terms of Service, and all such offers are hereby categorically rejected. DroppingBy 's failure to insist on or enforce strict
performance of these Terms of Service shall not be construed as a waiver by DroppingBy of any provision or any right it has to enforce
these Terms of Service, nor shall any course of conduct between DroppingBy and you or any other party be deemed to modify any provision of
these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
UPDATES; TERMINATION OR SUSPENSION OF ACCESS
The information contained in this Website, including policies, prices and services offered, is subject to change at any time and without notice,
and DroppingBy makes no commitment to update the materials on the Website, including information that may be out of date.
DroppingBy reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Website, or any
portion thereof, or interrupt the operation of the Website, or any portion thereof.
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