gap
privacy policy

1. Parties

1.1. Aloha Forwarding (interchangeably referred to as “we”, “us”, and applicable possessive pronouns), organized in Washington, operates Aloha Forwarding and related services (the “Services”) and the website at www.AlohaForwarding.com (“the Website”). “Aloha Forwarding” includes the company's owners, members, employees, officers, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors and assigns. The Services are provided to you (also “Customer”) under the terms and conditions of this Agreement and any modifications to it that we may make from time to time and all other terms, conditions, rules of operation or policies that we may make from time to time (collectively the “Agreement”).

1.2. As used in this Agreement, the term “Customer” means Customer, or you, as well as all users of the Services through your account. If you are entering into this agreement on behalf of an organization, you represent and warrant that you have actual authority to bind your organization to the Agreement’s terms. You represent and warrant that you are the authorized User and (if applicable) signatory to the payment mechanism used to open and maintain your account, you agree that you are responsible for any use, activity, and charges incurred by you and Users under your account, and you authorize us to charge your payment mechanism for all charges incurred by you and any and all Users.

2. Compliance with Agreement

This Agreement governs your use of the Services and Web site. We reserve the right, from time to time, with or without notice to you, to change this Agreement in our sole and absolute discretion. By continuing the use of the Services, you agree to be bound by the modifications or amendments to this Agreement. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions. The most current version of the Agreement, which supersedes prior versions, can be reviewed by clicking on the "User Agreement" link located at the bottom of the pages of the Website.

3. Aloha Forwarding and Related Services

3.1. Package Forwarding or Reshipping

3.1.1. Generally. You agree that reshipped Packages are considered to be delivered, and any and all of our responsibilities with respect to it terminated, as soon as it is placed in the care of the United States Postal Service (USPS). This means that notwithstanding any other provision in this Agreement, once a Package has been placed in the care of the USPS for reshipment to an address outside our facilities as requested by you, we are not responsible for your Package, its arrival, or the speed of its delivery. You expressly release us from all further responsibility or liability with respect to reshipped Packages. You agree and acknowledge that you will not use or permit the Services to be used for any illegal purpose. Use of the Services for any other purpose is strictly prohibited and may result in immediate termination of this Agreement and Services to you without refund or reimbursement.

3.1.2. Packages with no matching Forwarding Request. Identification of ownership of Packages received with no corresponding Forwarding Request on file will be attempted using Addressee and/or user ID. If addressee is registered with our site, an email will be sent requesting forwarding instructions. There will be a $5 charge for this service. It is the responsibility of User to keep contact information current. If (a) any Package is insufficiently addressed for us to determine its recipient or we cannot for any other reason forward the Package to its recipient, (b) we are unable to return the item to the delivering carrier or the sender, and (c) no customer has claimed the Package within 30 days of receipt by us, we reserve the right to open the Package in order to determine information about the intended recipient or sender. If, after opening the Package, we remain unable for any reason to deliver the Package to its intended recipient or return it to its sender, we shall dispose of the Package in our sole discretion without later compensation to anyone claiming to have been the owner. You hereby waive any rights, and release and hold us harmless from any claims, respecting such Package that satisfies conditions (a) through (c) of this subsection.

3.2. Your Mailing Address. It is your responsibility to provide the correct ship to address to your merchant. You acknowledge and agree that we have no responsibility or liability for Packages that are not properly addressed according to the format we provide, or any other terms of this Agreement.

4. Customer Account

4.1. When registering for a new account with us, you will enter a confidential password for use in accessing your account via an online web interface. You shall maintain the security and confidentiality of your password. You agree to notify us immediately if you have reason to suspect unauthorized use of your account.

4.2. During registration, you must provide your name, address, email and telephone number in the event you need to be contacted. It is your responsibility to keep such contact information current.

5. Service Pricing

We provide the Services under this Agreement pursuant to prices published on the Website, including at www.AlohaForwarding.com/pricing.html ("the Pricing Page"), which is incorporated into this Agreement by reference. You acknowledge that you have been provided with a schedule detailing our fees. All fees charged pursuant to this Agreement are subject to change by us without prior notice. You agree to pay all postage, insurance, handling fees and other charges incurred (including charges incurred by persons using your account) and/or for all Services.

7. Billing

You agree that we may immediately charge you for all charges or monies owed by you to us. By using the Services, you are expressly agreeing that we are permitted to bill you charges associated with the Services we provide, and any other charges you may incur in connection with your use of the Services. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your payment method. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information in your account. If your designated payment method reaches its expiration date, your continued use of our services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts.

8. Termination

You agree and acknowledge that we may at our sole option cancel the Services and terminate this Agreement for any cause at any time and without notice. Such notice may be provided in written, e-mail, or other electronic form. Notwithstanding the above, we may terminate this Agreement immediately for good cause. You agree that for purposes of this Agreement that the actions or failure to act of any User will be attributed to you. Good cause shall include but is not limited to:

10.1. Your behavior towards our employees is offensive, abusive, violent, threatening or disruptive;

10.2. You fail to provide or we are unable to validate correct and accurate contact and personal information that we require of all customers;

10.3. You fail to cooperate or provide information in connection with any investigation undertaken by a local, state, or federal authorities, or equivalent governmental agency;

10.4. We determine that the payment mechanism provided by you is likely being or will be used in a fraudulent manner; or

10.5. You violate any provision of this Agreement or any other terms and conditions posted by us, or breach any representations or warranties made hereunder.

9. Services After Termination

9.1. At the time of termination, the following will be immediately in effect:

9.1.1. You will not be able to log in to your online account.

9.1.2. We will cancel your pending Forwarding Requests and refuse to accept deliveries to your account.

10. Compliance With Laws; Your Information

10.1. You acknowledge and agree that we cooperate with all local, state, and national law enforcement agencies with jurisdiction and will share any and all information about you and your use of the Services with such agencies and all USPS representatives and postal inspectors upon request. You acknowledge that we may also report activity associated with your Account that we reasonably believe to be fraudulent or illegal. We comply with valid legal process, such as search warrants, court orders, or subpoenas seeking personal information. These same processes apply to all law-abiding companies. As has always been the case, the primary protections you have against intrusions by the government are the laws that apply to where you live. We may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. We reserve the right to notify our customers of pending legal process unless we are prohibited from doing so by law.

10.2. You also agree to comply with U.S. laws. You will not knowingly use the Services to either receive or send illegal materials or controlled substances. You represent and agree that you will not use (or knowingly, recklessly, or negligently allow to be used) the Services for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS regulations or other applicable laws, statutes, rules and regulations. If we suspect that the Services have been used for any unlawful, fraudulent, or illegal activities, we may inspect your Packages and we may immediately terminate this Agreement and Services. You specifically indemnify us and hold us harmless from any and all liability, claims, damages, losses or causes of actions arising from such inspection of your Packages or from the release of information regarding you or your use of the Services to any local, state, or national agency or to the USPS, or to a private party whose subpoena you fail to contest as specified by us. Except as provided herein, we will preserve the confidentiality of your Package's contents with respect to third parties and will not use or disclose information contained in your Packages other than to carry out the purposes for which you disclosed that information.

11. Hold Harmless

You agree to protect, defend, indemnify and hold us harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys' fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage, arising from: (i) this Agreement; (ii) the Services provided to you by us; (iii) your use or possession of the Services; (iv) the failure of any third party, USPS or any commercial delivery or courier service, to provide delivery or courier services accurately and on time; (v) loss, damage, or destruction of your Packages by any cause whatsoever whether or not attributable to our negligence or intentional act; and (vi) any violation by you of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include Aloha Forwarding LLC and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, officers, directors, agents, attorneys and employees.

12. YOU AGREE AND ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY DAMAGE TO PACKAGES, OR TO PACKAGES DURING OR AFTER FORWARDING TO YOU. Any insurance must be authorized and paid for in advance by you. You acknowledge and agree that we have no responsibility or obligation to insure any Package forwarded to you.

13. YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY, CORRECTNESS, COMPLETENESS, CURRENCY, OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY LAW. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS, THAT OUR SERVICES WILL SAVE YOU MONEY NOR THAT THE SERVICES ARE PROVIDED SECURELY OR WITHOUT ERRORS. THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTIES THAT THE SERVICES WILL BE TIMELY, AVAILABLE AT ALL TIMES, OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICES OR THE WEBSITE OWNED OR CONTROLLED BY US IS AT CUSTOMER'S SOLE DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE USE OF THE WEBSITE.

14. WE SHALL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING PACKAGES, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES SHALL NOT EXCEED $100.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. WE SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.

15. Privacy Policy and Use of Customer Information. You acknowledge and agree to the terms of the Privacy Policy, which is incorporated into and part of this Agreement, as it may be updated from time to time.

16. Governing Law, Jurisdiction

This Agreement and the Privacy Policy will be governed by, and construed, in accordance with the laws of the State of Colorado, which are intended to supersede any choice of laws or rules, which might otherwise be applicable. You consent to the venue and jurisdiction of the courts of the State of Colorado, whether Federal, state, or local with respect to any actions that may arise out of, or relate to, this Agreement or the Services. You acknowledge and agree that you are establishing minimum contacts with the state of Colorado for purposes of asserting personal jurisdiction over you for any claims arising from this Agreement, the Services, or the relationship created between you and us by this Agreement. You further agree that service of process on you via mail sent to your Aloha Forwarding Account will be considered adequate and provides you with sufficient notice of the pendency of any claim. If we prevail in any action to enforce this Agreement or any cause of action arising out of this Agreement or services delivered pursuant to it, you will pay us our reasonable attorneys' fees and costs. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

17. Communications and Notice

17.1. By using the Services, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with us and you receive them as part of your usage of the Services. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

17.2. Notice shall be deemed given when delivered (if sent by electronic mail, facsimile, or delivery service) or five (5) days after being deposited in the U.S. mail, postage prepaid. Electronic mail notices to you shall be sent to the e-mail address provided in your profile, or as updated by you with appropriate notice, including through your profile on the Website. It shall be your responsibility to ensure that we have a current e-mail address for you, and we shall not be responsible for failure to provide notice if the e-mail addresses provided by you is not valid or functioning.

18. Severability

In the event that any provision or modification of this Agreement shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this Agreement, but all other provisions of this Agreement and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.

19. Non-Waiver

If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time, such failure shall not operate as a waiver thereof.

20. Entire Agreement

This Agreement contains the entire agreement relative to the protection of information to be exchanged hereunder, and supersedes all prior or contemporaneous oral or written understandings or agreements regarding this issue. This Agreement shall not be modified or amended, except as expressly provided herein or in a written instrument executed by the parties.

Last updated: June 29, 2009

How to Know When We'll Save you Money / Press / Privacy / Terms Of Use / Pricing / Other Resources