Terms of Use

Welcome to the website – quickcourierservice.com – which is provided by Quick Courier Service, Inc. (“Quick Courier”, “we”, “us”, or “our”). The following terms and conditions of use (the “Agreement”) apply to all visitors to, and users of, this website, our related sites, microsites, pages, and mobile sites, as well as our services platform, content, products, and services (collectively, the “Website”). Please review this Agreement, which may be amended by us from time to time, because it constitutes a legally binding agreement between you and Quick Courier governing your access or use of the Website. This Agreement, together with Quick Courier’s [Privacy Notice) and any other documents that are incorporated by reference, govern your access to and use of the Website, including any content, functionality, goods or services offered on or through, and your interaction with other users of the Website.

BY USING THE WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. IF YOU OBJECT TO ANY OF THE TERMS IN THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE. BY USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT:
YOU HAVE READ AND YOU UNDERSTAND THIS AGREEMENT, YOU HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING INTO THIS AGREEMENT, AND YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
YOU ARE AT LEAST 18 YEARS OLD, A RESIDENT OF THE UNITED STATES OF AMERICA, AND OTHERWISE ELIGIBLE TO USE THE WEBSITE, AS DESCRIBED IN SECTION 2 BELOW.
IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOUR EMPLOYER, OR SOME OTHER PARTY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE ALL NECESSARY RIGHT, POWER, AUTHORITY AND AUTHORIZATION TO BIND SUCH PARTY TO THIS AGREEMENT, TO UTILIZE THE WEBSITE, AND TO ENSURE ANY NECESSARY PAYMENT TO QUICK COURIER FOR ITS SERVICES.
YOU WILL ABIDE BY OUR CODE OF CONDUCT IN SECTION

This Agreement contains a mandatory dispute resolution provision and arbitration agreement that affects your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please review those sections, including Section 16, of this Agreement carefully.

1. MODIFICATIONS TO THIS AGREEMENT

Quick Courier may modify this Agreement from time to time without notice to you. You are encouraged to review this Agreement periodically, if not each time that you use the Website, to determine if any modifications have been made. The date of the last modification to the Agreement will be reflected in the “Last Updated” notice at the top of this Agreement. If Quick Courier modifies this Agreement, such modifications shall be binding on you upon your acceptance of the modified Agreement, and your continued use of the Website after any such modifications shall constitute your acceptance to this Agreement as modified. Quick Courier reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting.

2.USER REGISTRATION; REQUIREMENTS AND REPRESENTATIONS

You may be required to register with the Website to access or use certain features of the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. If you do not meet the requirements in this Section 2, then you are not authorized to use the Website. Nevertheless, if you use the Website, without satisfying these requirements and representations, you acknowledge and agree that (a) your continued use is a material violation of this Agreement, and (b) that you will remain legally bound by the terms and conditions of this Agreement applicable to authorized users.

By using the Website, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with this Agreement;
you are at least 18 years of age;
you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
you will not use the website for any illegal or unauthorized purpose;
you are authorized to use the Website and the services, information, materials, and services offered on the Website and to access the information and data that you input or import into the Website, including any information or data input or imported into the Website by any person you have authorized to use the website; and
your use of the Website will not violate any applicable law, rule, or regulation (“Applicable Law’). If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

3. LICENSE

Subject to your continued compliance with this Agreement, Quick Courier grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license, without the right to sublicense, to: (a) access and use the Website on your personal device; and (b) access and use any content, information and related materials that may be made available through the use of the Website, in each case solely for your personal use. Quick Courier and its licensors reserve all rights not granted in this Agreement to you. Any unauthorized use of the Website by you may result in immediate termination of any license or permission granted to you by Quick Courier.

4.USER-PROVIDED INFORMATION

To use some functions of the Website, you must provide your mobile phone number to Quick Courier, and by doing so, you consent to Quick Courier’s use of your mobile phone number for calls and recurring texts to enable Quick Courier to (a) provide services through and improve upon the Website, (b) facilitate communications between you and Quick Courier, (c) provide you with information and reminders regarding services, and (d) such other purposes as Quick Courier may determine that are consistent with the purpose of the Website. Standard message, data or other charges from your wireless carrier may apply.

5. QUICK COURIER CODE OF CONDUCT AND PROHIBITED ACTIVITIES

You will only use the website as permitted by this Agreement. Without limiting the foregoing, you will not engage in any of the following prohibited activities:

Abusive and Fraudulent Behavior:

Use a buying agent or purchasing agent to make purchases on the Website.
Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Website to advertise or offer to sell goods and services. O Attempt to impersonate another user or person or use the username of another user.
Use the Website or any information obtained from the Website in order to harass, abuse, harm, or deceive another person. o Make improper use of our support services or submit false reports of abuse or misconduct.
Infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. o Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Law or that otherwise may be in conflict with this Agreement.
Promote or perpetrate any illegal activity, or advocate, promote, or assist any unlawful act.
Use the Website as part of any effort to compete with us or otherwise use the Website and/or the content for any revenue-generating endeavor or commercial enterprise. o Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
Use the Website in a manner inconsistent with any applicable laws or regulations.

Hacking, Viruses, & Network Attacks:

Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein.
Engage in unauthorized framing of or linking to the Website.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
Delete the copyright or other proprietary rights notice from any content. o Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting 3 of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (or “gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using
or launching any unauthorized script or other software.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

6. PRIVACY

Quick Courier’s collection and use of personal information in connection with the use of the Website is set forth in Quick Courier’s [Privacy Notice), which is incorporated herein by reference.

7. PROPRIETARY RIGHTS

You acknowledge and agree that the Website, the content posted by Quick Courier and all related copyrights, trademarks, trade dress, patents, trade secrets and other proprietary rights are owned exclusively by Quick Courier, its affiliates and their respective licensors, and are protected by federal, state and common law intellectual property laws. You shall not modify, remove, delete, transmit, transfer or sell, create derivative works from, or in any way exploit any such content, in whole or in part, whether yourself or by assisting others to do any of the foregoing. Except as expressly permitted under U.S. copyright law, you may not upload, post, reproduce or distribute in any way content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.

Quick Courier service and trademarks, including logos, designs, and other indicators of source (the “Quick Courier Marks”) are trademarks and trade dress owned exclusively by Quick Courier or its affiliates. Your limited license to use the Website does not include any right to use Quick Courier Marks or content in any manner without Quick Courier’s prior written authorization. Without limitingy not use any Quick Courier Mark or any similar name or mark in any way that is likely to cause confusion among consumers or is disparaging or defamatory in any way.

8. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Quick Courier respects the intellectual property of others, and expects users of the Website to do the same. If you believe, in good faith, that any materials provided on or in connection with the Website infringe upon your copyright or other intellectual property right, please send all of the following to Quick Courier’s copyright agent using the contact info in Section 18:

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Website where the material you claim is infringed is located. Include enough information to allow Quick Courier to locate the material, and explain why you think an infringement has taken place;
If applicable, a description of the location where the original or an authorized copy of the copyrighted work exists – such as the URL (Internet address) where it is posted or the publication in which it has been published;
Your name, address, telephone number, email address and user name;
A statement by you that:
You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
The information in your notice is accurate; and o Under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest

9. THIRD-PARTY APPS/CONTENT AND THIRD-PARTY ACCOUNTS

The Website may contain links to third-party apps, Websites, materials, content, information, products or services that are not owned or controlled by Quick Courier (“Third-Party App(s)/Content’). Your interactions with such Third-Party Apps/Content, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. Quick Courier does not endorse or assume any responsibility for any such Third-Party Apps/Content or their access to or use by any user.

If you access Third-Party Apps/Content or share your information or any User Content on or through the use of any Third-Party Apps/Content you do so at your own risk, and you understand that this Agreement and Quick Courier’s Privacy Notice do not apply to your use of such Third-Party Apps/Content. When accessing Third-Party Apps/Content you should carefully review the applicable terms and policies, including, without limitation, privacy and data gathering practices, of such Third Party App. Quick Courier expressly disclaims any liability arising in connection with your use and/or viewing of any Third-Party Apps/Content. You hereby agree to hold Quick Courier harmless from any liability that may result from the use of Third-Party Apps/Content.

10. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (a) monitor the Website for violations of this Agreement and our Privacy Policy; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law, our Privacy policy, or this Agreement, including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (d) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

11.INTERRUPTIONS

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in this Agreement will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

12. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT THE WEBSITE “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. QUICK COURIER ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE.

SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

THE LIMITATIONS AND DISCLAIMER IN THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, QUICK COURIER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON QUICK COURIER’S CHOICE OF LAW PROVISION SET FORTH BELOW.

14. INDEMNIFICATION

You agree to indemnify and hold Quick Courier and its affiliates and their respective officers, directors, employees, and agents harmless against any third party (including another user) claim, suit, or proceeding arising out of or related to: (i) your use of the Website or services obtained or provided through your use of the Website; (ii) your actual or alleged breach or violation of this Agreement; (iii) allegations of infringement or violation of third party intellectual property, privacy or publicity rights by content or information submitted to or transmitted through the website; (iv) allegations that your use of the Website harasses, defames, or defrauds a third party; or (v) allegations that your use of the Website otherwise violates the rights of any third party, including another user.

15. TERMINATION AND SUSPENSION

This Agreement shall remain in full force and effect while you use the website. Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in this Agreement or of any applicable law or regulation. We may terminate your use or participation in the Website or delete any content or information that you posted at any time, without warning, in our sole discretion.

Even after your right to use the Website is terminated, suspended or limited, this Agreement will remain enforceable against you. Quick Courier reserves the right to take appropriate legal action, including but not limited to pursuing an injunction or arbitration in accordance with Section 16 of this Agreement.

All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

16. DISPUTES BETWEEN YOU AND QUICK COURIER; ARBITRATION PROVISIONS

Right to Opt Out of the Arbitration Provisions
You may opt out of the mandatory arbitration provisions contained in this Section 16 (sometimes referred to as the “Arbitration Provisions”) by notifying Quick Courier in writing within 30 days of the date you first use the website. To opt out, you must send a written notification to Quick Courier at the address below, that includes (a) your name, (b) your address, (c) your telephone number, (d) your email address, and (e) a statement indicating that you wish to opt out of the Arbitration Provision. Alternatively, you may send this written notification to salesinfo@goqcs.com. Opting out of mandatory arbitration will not affect any other terms of this Agreement.

Failure to opt out as provided in this Section 16, constitutes mutual acceptance of the Arbitration Provisions by you and Quick Courier. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provisions .

You and Quick Courier agree that if you opt out of the Arbitration Provisions, then any dispute between you and Quick Courier that cannot be resolved amicably shall be resolved in the state court in Montgomery County, Pennsylvania or federal courts located with the geographic area comprising the Eastern District of Pennsylvania. You and Quick Courier each irrevocably waive to the fullest extent permitted by law any objection that they may now or hereafter have to the laying of venue of any such action or proceeding in such courts and any claim that any such action or proceeding brought in any such court has been brought in an inconvenient forum. YOU FURTHER IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY SUCH DISPUTE, ACTION, OR PROCEEDING.

Binding Arbitration
Unless you have opted out of the Arbitration Provisions pursuant to this Section 16, you agree that any dispute, claim or controversy arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Website, at any time, whether before or after the date you agreed to this Agreement, whether arising in tort, as a breach of contract claim, or under any other legal theory will be settled by binding arbitration between you and Quick Courier, and not in a court of law.

You acknowledge and agree that you and Quick Courier are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Quick Courier otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Quick Courier each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules’) then in effect, except as modified by these Arbitration Provisions.

The arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Arbitration Provisions, including any claim that all or any part of these Arbitration Provisions are void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, or any terms or conditions set forth herein, are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, orestoppel.

Notwithstanding any choice of law or other provision in this Agreement, Quick Courier and you acknowledge and agree that these Arbitration Provisions evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Arbitration Provisions or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Pennsylvania.

Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the Commonwealth of Pennsylvania and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure
Unless you and Quick Courier otherwise agree, the arbitration will be conducted in Montgomery County, Pennsylvania. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Quick Courier submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under Applicable Law. Quick Courier will not seek, and hereby waives all rights Quick Courier may have under Applicable Law to recover, attorneys’ fees and expenses if Quick Courier prevails in arbitration.

Costs and Fees
The costs and fees for the arbitration shall be paid in accordance with the AAA Rules.

Changes
Notwithstanding the provisions in Section 1, regarding consent to be bound by modifications to this Agreement, if Quick Courier changes these Arbitration Provisions after the date you first agreed to this Agreement (or to any subsequent changes to this Agreement), you may reject any such change to the Arbitration Provisions by providing Quick Courier written notice of such rejection within 30 days of the date such change became effective, as indicated in the “last modified” date above. To reject the change to the Arbitration Provisions, you must timely send a written notification to Quick Courier at the email or physical address below that includes (a) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement clearly indicating your intent to reject changes to these Arbitration Provisions. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Quick Courier in accordance with the provisions of these Arbitration Provisions as of the date you first agreed to this Agreement (or to any subsequent changes to this Agreement). Rejecting the revised Arbitration Provisions will not affect any other terms of this Agreement. Failure to provide such notice constitutes mutual acceptance of the changes to the Arbitration Provisions by you and Quick Courier. Unless material changes are made to the Arbitration Provisions, the making of changes to this Agreement does not create a renewed opportunity for you to opt out of arbitration.

If you opted out of the Arbitration Provisions pursuant to Section 16 when you first started using, or created a registration on the Website, then you will not be bound by the Arbitration Provisions or any changes to the Arbitration Provisions.

Rules and Governing Law
If any portion of these Arbitration Provisions are found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of these Arbitration Provisions or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to these Arbitration Provisions; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Equitable Relief
Notwithstanding the above, or any other provision in this Agreement to the contrary, nothing in this Agreement shall prohibit Quick Courier from seeking equitable relief against you, including seeking a temporary restraining order or a preliminary or permanent injunction in connection with your breach of this Agreement.

17. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by email or by posting Notices on the Website. You agree that all Notices that Quick Courier provides to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

18. CONTACT INFORMATION

If you have any questions about this Agreement or about the Website or copyright complaints for our copyright agent, please contact us:

By email at salesinfo@goqcs.com

By mail at Quick Courier Service, Inc. 5185 Campus Drive Suite 100 Plymouth Meeting, Pennsylvania 19462

19.GENERAL PROVISIONS

This Agreement will be construed under and governed by substantive laws of the Commonwealth of Pennsylvania, without reference Pennsylvania’s choice of law rules. Failure by Quick Courier to enforce any provision of this Agreement will not be construed as a waiver of that or any other provision or right. This Agreement constitutes the complete and exclusive agreement between you and Quick Courier with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (a) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (b) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without Quick Courier’s prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment by you in violation of this Section 19 shall be null and void. This Agreement will inure to the benefit of Quick Courier, its successors and assigns.