UPS® Authorized Shipping Outlet Rewards

Program Overview

UPS is inviting select customers to participate in a UPS Authorized Shipping Outlet (ASO) Rewards program (“Program”). The Program enables eligible UPS customers participating in the Program (each, a “Participant”) to earn benefits (“Benefits”), as described in the following Agreement. To earn and maintain these Benefits, Participants must increase their annual UPS Spend 7% year–over–year (shipping Spend must increase 7% each year as compared to the previous Program Year, as defined below), meet an annual Spend goal and meet other terms conditions as described herein. “Spend” shall mean UPS shipping fees invoiced to and paid by Participant each year.

Customer support is available via email at: asoawards@ups.com for Program questions.

Agreement (“Agreement”)

You (hereinafter referred to as "You", "Your", or "Representative"), an authorized representative of a Participant, acknowledge that clicking the "I Accept" button constitutes Your signature and Your acceptance of and agreement to the terms and conditions of the Program as set out in this Agreement, on behalf of You and the Participant with which You are employed or represent. You further acknowledge that, by clicking the "I Accept" button below, You affirm that You have authorization from Your principal employer, the Participant, to participate in the Program. When used in this Agreement, the terms "UPS", “We” and “Our” shall mean and include UPS Corporation, its parent corporation, and any and all of its parent corporation's affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded UPS under this Agreement.

As described further herein, UPS may, in its sole discretion, make changes to this Agreement or terminate the Program by posting a new Agreement at upsasorewards.com/terms [upsasorewards.com]

By continuing to use the Program after we post the new Agreement, You accept, on behalf of the Participant, the new terms, conditions, limitations and requirements.

Program

You acknowledge that You have been advised to read and review this Agreement and to print a copy for Your records. During the term of this Program, and subject to the terms of this Agreement, Participants who have an active UPS ASO account in good standing, as determined by UPS, and who otherwise meet the criteria for participation and comply with the terms provided in this Agreement may participate in the Program under the following Program rules and structure.

Participant Eligibility and Enrollment

  1. Enrollment in the Program is free and open to UPS ASOs (must have an active Authorized Shipping Outlet agreement with UPS) only.
  2. Only legal residents of the United States who are 18 years or older are eligible to enroll in the Program.
  3. Participant enrollment in the Program is subject to approval by UPS; UPS may approve or deny any enrollment request in UPS’s sole and unlimited discretion.
  4. All ASO UPS account numbers will be validated for eligibility to ensure that Participant is in good standing, as determined by UPS.
  5. ASOs owned by, or controlled or affiliated with any federal, state, local or other government entity, agency or employee are not eligible to participate in the Program. Each Representative must, on behalf of the Participant, accept this Agreement in order to redeem Benefits in the Program.
  6. Each Representative must acknowledge and affirm that they are authorized to enroll in the Program by their employer, the Participant.
  7. Enrolled Participants, through their Representative, will receive a registration code that can only be used once and is non-transferrable to another UPS customer or account number.
  8. Only one Participant per UPS account number is eligible to enroll in the Program.
  9. Representatives must provide their email address during the enrollment process.
  10. Providing an email address constitutes the Representative’s consent for UPS to use the email address to communicate with the Representative and for other purposes consistent with the UPS Privacy Notice available at UPS.com. UPS will use the email address that Representative provides during enrollment to communicate with the Representative about the Program. It is the Representative’s responsibility to ensure that UPS has a valid and current email address to receive Program communications.
  11. Representatives will have the ability to opt out of the Program, on behalf of the Participant, through email.

Calculating Participant Benefit Status
Upon enrollment and on or before each March 31 thereafter, Participants will receive an annual goal (“Target”) for UPS Spend; progress toward meeting these goals will be reported via the Program portal (website). Annually, Program Benefits will be announced and awarded to Participants who meet all goals and all other criteria in the Program for receipt of such Benefits. Program Benefits will be awarded in April of each year to Participants who met all Program requirements during the immediately prior Program Year and will apply for 52 weeks thereafter.

Eligible Services — Inbound (receiving) and Outbound (shipping)

  • UPS® Ground
  • UPS Next Day Air®
  • UPS Next Day Air® Early
  • UPS Next Day Air Saver®
  • UPS 2nd Day Air®
  • UPS 2nd Day Air A.M.®
  • UPS 3 Day Select®
  • UPS® Standard
  • UPS Worldwide Express®
  • UPS Worldwide Express Plus®
  • UPS Worldwide Express Freight®
  • UPS Worldwide Saver®
  • UPS Worldwide Economy

Earning Benefits

  1. Benefits earned in the Program are awarded to the Participant for its business use, and not to the Representative.
  2. If a Representative’s employment or other affiliation with the Participant is terminated, Representative shall have no interest or rights in the Participant’s Benefits or the Program Account. Benefits cannot be sold, gifted or otherwise transferred in any manner to any party other than Participant.
  3. Participants have the ability to earn Benefits by shipping on their participating account using the Eligible Services.
  4. Participants may also have the ability to earn Benefits for Engagement Activities. Engagement Activities may include, but are not limited to:
    a. Surveys
    b. Promotional campaigns
  5. Purchased services from The UPS Store®, UPS Freight®, UPS Capital®, UPS® Brokerage, and UPS Supply Chain Solutions® are excluded.
  6. Benefits will be earned solely on transportation charges. See “Restrictions” for other fees and charges not eligible to earn benefits.
  7. UPS will update the Program website monthly with your UPS Spend totals towards Participant’s annual goals.
  8. Shipments must be sent using the UPS account number associated with the Participant in order to receive credit towards the annual goal.
  9. Benefits have no monetary value and cannot be exchanged for cash.
  10. UPS reserves the right, in its sole discretion, to suspend or terminate a Participant’s participation in the Program.

Earning Period

  1. Benefits will be awarded by goals reached on an annual basis. The program year will run from March 1 through the end of February in the following year (“Program Year”). For example, the Program Year beginning on March 1, 2021 will end on February 28, 2022. the Benefits associated with each Program Year will be awarded within 90 days following the end of the Program Year and will apply for 52 weeks once awarded (“Benefit Period”). Upon the expiration of the Benefit Period, all Benefits will automatically expire. Participants must meet all goals and other Program requirements each year to qualify for Benefits.

Program Benefits

  1. Benefits that may be earned are posted on the Program website upon enrollment and at the on-set of each Program Year.
  2. Awarded benefits are solely for the use of the Participant for business purposes, and not for the benefit of the Representative.
  3. Participant’s total UPS Spend determines the Participant’s Benefit tier.
  4. Tier levels for Participants are Bronze, Silver, Gold and Top 100.

Option to Discontinue Program Participation (Opt out)

Participants have the ability to opt out of Program communications only or opt out of the Program.

  1. Participants who wish to no longer receive Program communications should contact UPS Rewards Customer Support at ASOAwards@ups.com
  2. UPS will cease to send further Program communications to Participants 10 days after Participants make their opt-out request.
  3. Participants who wish to discontinue their participation in the Program should contact UPS ASO Customer Support at asoawards@ups.com UPS will terminate enrollment for Participants who have requested to discontinue participation in the Program.
  4. Opting out of the Program does not constitute opting out of all other UPS communications.

Customer Service

  1. Program support is available via email at asoawards@ups.com for program-related questions

Restrictions

  1. Participants whose UPS accounts have a status of Cash Only, Past Due, or Inactive, all as determined by UPS in its sole discretion, are not eligible to participate in the Program. UPS in its sole discretion may terminate Participants participant in the Program if the Participant’s UPS accounts becomes Past Due or Inactive.
  2. Participants whose accounts are designated as an enterprise account, as determined by UPS in its sole discretion, are not eligible to participate in the Program.
  3. All activity arising out of and relating to the Program is subject to verification and/or auditing for compliance with the Program rules/terms, and Participants agree to reasonably cooperate with UPS concerning verification and/or auditing. In the event that Program verification activity or an audit evidences non-compliance with the Program rules/terms, as determined by UPS’s reasonable discretion, a Participant’s continuing participation in any aspect of the Program may be suspended or terminated.
  4. Participants that have agreements with authorized resellers, as determined by UPS in its sole discretion, are not eligible to participate in the Program.
  5. Participants whose accounts have been cancelled by UPS are ineligible for the Program and forfeit any Benefits earned
  6. Fees and charges other than transportation charges, including but not limited to accessorial charges and surcharges, are not eligible to earn benefits. Purchases that are refunded also are not eligible to earn benefits.

Term of Program

The Program shall remain in effect until UPS provides notice of suspension or termination of the Program or this Agreement. This Agreement is available at: upsasorewards.com/terms [upsasorewards.com]

UPS reserves the right to (a) modify the enrollment period for the Program; (b) alter or modify the Program or this Agreement; (c) modify this Agreement at any time by updating the Agreement located at upsasorewards.com/terms [upsasorewards.com]

and (d) suspend or terminate the Program, or terminate a Participant's participation in the Program, all at any time, for any reason, through a notice posted by UPS or as otherwise provided by UPS. In the event a Participant is later determined not to be eligible for the Program after being notified that Participant was eligible, Participant's participation in the Program will be terminated. Decisions regarding eligibility to participate in the Program are solely within the discretion of UPS. Upon termination of a Participant’s participation in the Program for any reason, all Benefits shall automatically and immediately terminate.

Disclaimers

THE PROGRAM IS PROVIDED ON THE EXPRESS CONDITION THAT NEITHER UPS NOR ANY UPS OFFICER, EMPLOYEE OR DIRECTOR HAS ANY RESPONSIBILITY OR LIABILITY OF ANY NATURE FOR ANY EXPENSE, LOSS, INJURY OR OTHER CLAIM OR DAMAGE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE PROGRAM. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND UPS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

IN ADDITION TO OTHER APPLICABLE LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE, IN NO EVENT WILL UPS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. THE TOTAL LIABILITY OF UPS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED $500. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR UPS’S INTENTIONAL, WILLFUL, OR MALICIOUS MISCONDUCT, OR FRAUD.

Shipments

The terms and conditions in the applicable UPS Rate and Service Guide and Tariff / Terms and Conditions of service in effect at the time of shipping shall apply to any shipment made by Participant under the Program. UPS reserves the right to modify the UPS Rate and Service Guide and Tariff / Terms and Conditions at any time and without notice. If there is a conflict between the UPS Rate and Service Guide and Tariff / Terms and Conditions and the Program, the UPS Rate and Service Guide and Tariff / Terms and Conditions will control.

Controlling Law and Severability; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Georgia, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action arising under this Agreement must be instituted for arbitration per the terms of this Agreement (or brought in Fulton County Magistrate Court in Fulton County, Georgia if the claim qualifies for resolution within Fulton County Magistrate Court) within one (1) year after the claim or cause of action has arisen or be barred.

IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT IF (1) YOU HAVE ANY DISPUTE WITH OR CLAIM AGAINST UPS ARISING OUT OF OR RELATING IN ANY WAY TO THE PROGRAM OR ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY UPS INCLUDING, BUT NOT LIMITED TO, THE ADVERTISING OF OR THE SALES PRACTICES FOR SUCH PRODUCTS AND SERVICES, AND (2) YOU RECEIVED BENEFITS OR COULD HAVE RECEIVED BENEFITS TOWARD SUCH TRANSACTION, THEN YOU WILL RESOLVE DISPUTES OR CLAIMS BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ARBITRATION WILL BE ACCORDING TO THE AMERICAN ARBITRATION ASSOCIATION’S COMMERCIAL ARBITRATION RULES, WHICH ARE AVAILABLE AT https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_0.pdf, AND WILL BE HELD EXCLUSIVELY IN FULTON COUNTY, GEORGIA.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If for any reason a claim proceeds in court rather than in arbitration, Participant and UPS each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

Complete Agreement

This Agreement constitutes the entire agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements, or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on UPS without UPS's written consent.

Terms & Conditions

UPS® Authorized Shipping Outlet Rewards

Program Overview

UPS is inviting select customers to participate in a UPS Authorized Shipping Outlet (ASO) Rewards program (“Program”). The Program enables eligible UPS customers participating in the Program (each, a “Participant”) to earn benefits (“Benefits”), as described in the following Agreement. To earn and maintain these Benefits, Participants must increase their annual UPS Spend 7% year–over–year (shipping Spend must increase 7% each year as compared to the previous Program Year, as defined below), meet an annual Spend goal and meet other terms conditions as described herein. “Spend” shall mean UPS shipping fees invoiced to and paid by Participant each year.

Customer support is available via email at: asoawards@ups.com for Program questions.

Agreement (“Agreement”)

You (hereinafter referred to as "You", "Your", or "Representative"), an authorized representative of a Participant, acknowledge that clicking the "I Accept" button constitutes Your signature and Your acceptance of and agreement to the terms and conditions of the Program as set out in this Agreement, on behalf of You and the Participant with which You are employed or represent. You further acknowledge that, by clicking the "I Accept" button below, You affirm that You have authorization from Your principal employer, the Participant, to participate in the Program. When used in this Agreement, the terms "UPS", “We” and “Our” shall mean and include UPS Corporation, its parent corporation, and any and all of its parent corporation's affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded UPS under this Agreement.

As described further herein, UPS may, in its sole discretion, make changes to this Agreement or terminate the Program by posting a new Agreement at upsasorewards.com/terms [upsasorewards.com]

By continuing to use the Program after we post the new Agreement, You accept, on behalf of the Participant, the new terms, conditions, limitations and requirements.

Program

You acknowledge that You have been advised to read and review this Agreement and to print a copy for Your records. During the term of this Program, and subject to the terms of this Agreement, Participants who have an active UPS ASO account in good standing, as determined by UPS, and who otherwise meet the criteria for participation and comply with the terms provided in this Agreement may participate in the Program under the following Program rules and structure.

Participant Eligibility and Enrollment

  1. Enrollment in the Program is free and open to UPS ASOs (must have an active Authorized Shipping Outlet agreement with UPS) only.
  2. Only legal residents of the United States who are 18 years or older are eligible to enroll in the Program.
  3. Participant enrollment in the Program is subject to approval by UPS; UPS may approve or deny any enrollment request in UPS’s sole and unlimited discretion.
  4. All ASO UPS account numbers will be validated for eligibility to ensure that Participant is in good standing, as determined by UPS.
  5. ASOs owned by, or controlled or affiliated with any federal, state, local or other government entity, agency or employee are not eligible to participate in the Program. Each Representative must, on behalf of the Participant, accept this Agreement in order to redeem Benefits in the Program.
  6. Each Representative must acknowledge and affirm that they are authorized to enroll in the Program by their employer, the Participant.
  7. Enrolled Participants, through their Representative, will receive a registration code that can only be used once and is non-transferrable to another UPS customer or account number.
  8. Only one Participant per UPS account number is eligible to enroll in the Program.
  9. Representatives must provide their email address during the enrollment process.
  10. Providing an email address constitutes the Representative’s consent for UPS to use the email address to communicate with the Representative and for other purposes consistent with the UPS Privacy Notice available at UPS.com. UPS will use the email address that Representative provides during enrollment to communicate with the Representative about the Program. It is the Representative’s responsibility to ensure that UPS has a valid and current email address to receive Program communications.
  11. Representatives will have the ability to opt out of the Program, on behalf of the Participant, through email.

Calculating Participant Benefit Status
Upon enrollment and on or before each March 31 thereafter, Participants will receive an annual goal (“Target”) for UPS Spend; progress toward meeting these goals will be reported via the Program portal (website). Annually, Program Benefits will be announced and awarded to Participants who meet all goals and all other criteria in the Program for receipt of such Benefits. Program Benefits will be awarded in April of each year to Participants who met all Program requirements during the immediately prior Program Year and will apply for 52 weeks thereafter.

Eligible Services — Inbound (receiving) and Outbound (shipping)

  • UPS® Ground
  • UPS Next Day Air®
  • UPS Next Day Air® Early
  • UPS Next Day Air Saver®
  • UPS 2nd Day Air®
  • UPS 2nd Day Air A.M.®
  • UPS 3 Day Select®
  • UPS® Standard
  • UPS Worldwide Express®
  • UPS Worldwide Express Plus®
  • UPS Worldwide Express Freight®
  • UPS Worldwide Saver®
  • UPS Worldwide Economy

Earning Benefits

  1. Benefits earned in the Program are awarded to the Participant for its business use, and not to the Representative.
  2. If a Representative’s employment or other affiliation with the Participant is terminated, Representative shall have no interest or rights in the Participant’s Benefits or the Program Account. Benefits cannot be sold, gifted or otherwise transferred in any manner to any party other than Participant.
  3. Participants have the ability to earn Benefits by shipping on their participating account using the Eligible Services.
  4. Participants may also have the ability to earn Benefits for Engagement Activities. Engagement Activities may include, but are not limited to:
    a. Surveys
    b. Promotional campaigns
  5. Purchased services from The UPS Store®, UPS Freight®, UPS Capital®, UPS® Brokerage, and UPS Supply Chain Solutions® are excluded.
  6. Benefits will be earned solely on transportation charges. See “Restrictions” for other fees and charges not eligible to earn benefits.
  7. UPS will update the Program website monthly with your UPS Spend totals towards Participant’s annual goals.
  8. Shipments must be sent using the UPS account number associated with the Participant in order to receive credit towards the annual goal.
  9. Benefits have no monetary value and cannot be exchanged for cash.
  10. UPS reserves the right, in its sole discretion, to suspend or terminate a Participant’s participation in the Program.

Earning Period

  1. Benefits will be awarded by goals reached on an annual basis. The program year will run from March 1 through the end of February in the following year (“Program Year”). For example, the Program Year beginning on March 1, 2021 will end on February 28, 2022. the Benefits associated with each Program Year will be awarded within 90 days following the end of the Program Year and will apply for 52 weeks once awarded (“Benefit Period”). Upon the expiration of the Benefit Period, all Benefits will automatically expire. Participants must meet all goals and other Program requirements each year to qualify for Benefits.

Program Benefits

  1. Benefits that may be earned are posted on the Program website upon enrollment and at the on-set of each Program Year.
  2. Awarded benefits are solely for the use of the Participant for business purposes, and not for the benefit of the Representative.
  3. Participant’s total UPS Spend determines the Participant’s Benefit tier.
  4. Tier levels for Participants are Bronze, Silver, Gold and Top 100.

Option to Discontinue Program Participation (Opt out)

Participants have the ability to opt out of Program communications only or opt out of the Program.

  1. Participants who wish to no longer receive Program communications should contact UPS Rewards Customer Support at ASOAwards@ups.com
  2. UPS will cease to send further Program communications to Participants 10 days after Participants make their opt-out request.
  3. Participants who wish to discontinue their participation in the Program should contact UPS ASO Customer Support at asoawards@ups.com UPS will terminate enrollment for Participants who have requested to discontinue participation in the Program.
  4. Opting out of the Program does not constitute opting out of all other UPS communications.

Customer Service

  1. Program support is available via email at asoawards@ups.com for program-related questions

Restrictions

  1. Participants whose UPS accounts have a status of Cash Only, Past Due, or Inactive, all as determined by UPS in its sole discretion, are not eligible to participate in the Program. UPS in its sole discretion may terminate Participants participant in the Program if the Participant’s UPS accounts becomes Past Due or Inactive.
  2. Participants whose accounts are designated as an enterprise account, as determined by UPS in its sole discretion, are not eligible to participate in the Program.
  3. All activity arising out of and relating to the Program is subject to verification and/or auditing for compliance with the Program rules/terms, and Participants agree to reasonably cooperate with UPS concerning verification and/or auditing. In the event that Program verification activity or an audit evidences non-compliance with the Program rules/terms, as determined by UPS’s reasonable discretion, a Participant’s continuing participation in any aspect of the Program may be suspended or terminated.
  4. Participants that have agreements with authorized resellers, as determined by UPS in its sole discretion, are not eligible to participate in the Program.
  5. Participants whose accounts have been cancelled by UPS are ineligible for the Program and forfeit any Benefits earned
  6. Fees and charges other than transportation charges, including but not limited to accessorial charges and surcharges, are not eligible to earn benefits. Purchases that are refunded also are not eligible to earn benefits.

Term of Program

The Program shall remain in effect until UPS provides notice of suspension or termination of the Program or this Agreement. This Agreement is available at: upsasorewards.com/terms [upsasorewards.com]

UPS reserves the right to (a) modify the enrollment period for the Program; (b) alter or modify the Program or this Agreement; (c) modify this Agreement at any time by updating the Agreement located at upsasorewards.com/terms [upsasorewards.com]

and (d) suspend or terminate the Program, or terminate a Participant's participation in the Program, all at any time, for any reason, through a notice posted by UPS or as otherwise provided by UPS. In the event a Participant is later determined not to be eligible for the Program after being notified that Participant was eligible, Participant's participation in the Program will be terminated. Decisions regarding eligibility to participate in the Program are solely within the discretion of UPS. Upon termination of a Participant’s participation in the Program for any reason, all Benefits shall automatically and immediately terminate.

Disclaimers

THE PROGRAM IS PROVIDED ON THE EXPRESS CONDITION THAT NEITHER UPS NOR ANY UPS OFFICER, EMPLOYEE OR DIRECTOR HAS ANY RESPONSIBILITY OR LIABILITY OF ANY NATURE FOR ANY EXPENSE, LOSS, INJURY OR OTHER CLAIM OR DAMAGE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE PROGRAM. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND UPS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

IN ADDITION TO OTHER APPLICABLE LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE, IN NO EVENT WILL UPS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. THE TOTAL LIABILITY OF UPS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED $500. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR UPS’S INTENTIONAL, WILLFUL, OR MALICIOUS MISCONDUCT, OR FRAUD.

Shipments

The terms and conditions in the applicable UPS Rate and Service Guide and Tariff / Terms and Conditions of service in effect at the time of shipping shall apply to any shipment made by Participant under the Program. UPS reserves the right to modify the UPS Rate and Service Guide and Tariff / Terms and Conditions at any time and without notice. If there is a conflict between the UPS Rate and Service Guide and Tariff / Terms and Conditions and the Program, the UPS Rate and Service Guide and Tariff / Terms and Conditions will control.

Controlling Law and Severability; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Georgia, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action arising under this Agreement must be instituted for arbitration per the terms of this Agreement (or brought in Fulton County Magistrate Court in Fulton County, Georgia if the claim qualifies for resolution within Fulton County Magistrate Court) within one (1) year after the claim or cause of action has arisen or be barred.

IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT IF (1) YOU HAVE ANY DISPUTE WITH OR CLAIM AGAINST UPS ARISING OUT OF OR RELATING IN ANY WAY TO THE PROGRAM OR ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY UPS INCLUDING, BUT NOT LIMITED TO, THE ADVERTISING OF OR THE SALES PRACTICES FOR SUCH PRODUCTS AND SERVICES, AND (2) YOU RECEIVED BENEFITS OR COULD HAVE RECEIVED BENEFITS TOWARD SUCH TRANSACTION, THEN YOU WILL RESOLVE DISPUTES OR CLAIMS BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ARBITRATION WILL BE ACCORDING TO THE AMERICAN ARBITRATION ASSOCIATION’S COMMERCIAL ARBITRATION RULES, WHICH ARE AVAILABLE AT https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_0.pdf, AND WILL BE HELD EXCLUSIVELY IN FULTON COUNTY, GEORGIA.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If for any reason a claim proceeds in court rather than in arbitration, Participant and UPS each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

Complete Agreement

This Agreement constitutes the entire agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements, or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on UPS without UPS's written consent.