Parcel Audit Partners
Website/Service Terms of Use Policy
Last Updated: October 7, 2011
Ownership of Site; Unconditional Agreement to Terms of Use
This website is the property of Parcel Audit Partners, a division of KSE Corporation (hereinafter “Parcel Audit Partners”). These Terms and Conditions of Use (the “Terms of Use”) apply to all Parcel Audit Partners services (the “Service”), the Parcel Audit Partners web site located at www.parcelauditpartners.com, mobile applications that link to or reference these Terms of Use, and sites linked to www.parcelauditpartners.com by Parcel Audit Partners, its parent company, subsidiaries and affiliates and all associated sites owned by KSE Corporation (collectively, our “Site”).
THESE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN YOU AND PARCEL AUDIT PARTNERS REGARDING YOUR USE OF THE SERVICE WE OFFER, AND YOUR USE OF OUR SITE. BY USING OUR SERVICE OR OUR SITE, YOU UNCONDITIONALLY AGREE TO THESE TERMS OF USE, AS AMENDED. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING OUR SERVICE OR THIS SITE.
Parcel Audit Partners reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site or our Service following the posting of changes will mean that you unconditionally accept and agree to the changes. As long as you comply with these Terms of Use, Parcel Audit Partners grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and use our Service.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Parcel Audit Partners, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Parcel Audit Partners express prior written consent.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Parcel Audit Partners reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Parcel Audit Partners server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Parcel Audit Partners, including any Parcel Audit Partners account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Parcel Audit Partners systems or networks, or any systems or networks connected to the Site or to Parcel Audit Partners.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Parcel Audit Partners on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Parcel Audit Partners or others.
The Parcel Audit Partners website and some services from Parcel Audit Partners are available on mobile devices. Do not use Parcel Audit Partners in a way that distracts you and prevents you from obeying traffic or safety laws.
Business uses of Parcel Audit Partners Website and Service
If you are using the Parcel Audit Partners Site or the Parcel Audit Partners Service on behalf of a business, your usage signifies that the business unconditionally accepts these Terms of Use. It will hold harmless and indemnify Parcel Audit Partners and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Site or Service, or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any Service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific Service.
Parcel Audit Partners obligations, if any, with regard to its Service are governed solely by these Terms of Use, and nothing on this Site should be construed to alter such.
Parcel Audit Partners may make changes to any Service offered on the Site without notice. The materials on the Site with respect to  the Service may be out of date, and Parcel Audit Partners makes no commitment to update the materials on the Site with respect to such.
Links to Other Sites
This Site 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 Parcel Audit Partners control, and Parcel Audit Partners 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
PARCEL AUDIT PARTNERS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PARCEL AUDIT PARTNERS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PARCEL AUDIT PARTNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PARCEL AUDIT PARTNERS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PARCEL AUDIT PARTNERS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PARCEL AUDIT PARTNERS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
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.
Parcel Audit Partners reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Parcel Audit Partners be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Parcel Audit Partners has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Parcel Audit Partners 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 their Service, Site or any Content, Parcel Audit Partners liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Parcel Audit Partners, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to unconditionally indemnify and hold Parcel Audit Partners, 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 Parcel Audit Partners by any third party due to or arising out of or in connection with your use of the Site.
Cancellation

You agree to provide Parcel Audit Partners fifteen (15) days advance written notice of your intention to cancel. No exceptions. Time is of the essence.  ALL NOTICES REGARDING ACCOUNT CHANGES, INCLUDING, BUT NOT LIMITED TO, ADDITIONS, DELETIONS, CANCELLATIONS, ETC. MUST BE SUBMITTED THROUGH THIS SITE OR IN WRITING BY EMAIL TO BILLING(@)PARCELAUDITPARTNERS.COM (remove parentheses).  NO EXCEPTIONS.

Exclusive Agent
You appoint Parcel Audit Partners as your exclusive agent for the purpose of auditing your UPS© and/or FedEx©, and/or DHL© shipments and obtaining service failure refunds and other account credits on your behalf.  You acknowledge that customer (you and/or your customer) applied for refunds and account credits are NOT ALLOWED. NO EXCEPTIONS.

Subscriptions
By subscribing to any Parcel Audit Partners service, you are an individual subscriber (“Subscriber”) and you agree to be personally liable and to pay any and all fees in accordance with the terms of the service plan selected by you. Upon successfully completing the online sign-up process, a confirmation form will be displayed on your computer screen, or an email will be sent showing the information that you submitted.  This is your confirmation from Parcel Audit Partners that you are a Subscriber in good standing, after which the first month, quarter, or year of your service will be charged to you in accordance with the service plan terms, and for every subsequent month, quarter, or year you will automatically be subscribed to and automatically charged until you cancel. You agree to provide Parcel Audit Partners 15 days advance written notice of your intention to cancel. No exceptions. Time is of the essence. If you change service plans, you agree to fully pay for services rendered under your old plan and be bound by the payment terms of the new plan. If an account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with Parcel Audit Partners on behalf of the business or other entity and shall personally be liable for such account to the extent the business or other entity does not fulfill its obligations hereunder.  ALL NOTICES REGARDING ACCOUNT CHANGES, INCLUDING, BUT NOT LIMITED TO, ADDITIONS, DELETIONS, CANCELLATIONS, ETC. MUST BE SUBMITTED THROUGH THIS WEBSITE, OR IN WRITING TO BILLING(@)PARCELAUDITPARTNERS.COM (remove parentheses). NO EXCEPTIONS.
Fees and Costs
The Parcel Audit Partners Split Plan requires subscribers to pay a labor fee representing an agreed upon portion (typically 50%) of the refunds they receive as a result of the work of Parcel Audit Partners, billed monthly with Net 20 day terms. Amounts not paid after 30 days from invoice date will incur a late fee of 1.5% per month. NO EXCEPTIONS.

The Parcel Audit Partners Fixed Fee Plan requires subscribers to pay a labor fee representing an agreed upon fixed fee in advance of any work by Parcel Audit Partners.  This fee is charged as a recurring subscription to a credit card or bank account on a monthly, quarterly, or annual basis with AUTOMATIC RENEWAL.  Amounts not paid after 30 days from invoice date will incur a late fee of 1.5% per month. NO EXCEPTIONS.

No Liability for Inactivity of Account
Parcel Audit Partners is only aware of the subscriber’s shipments to the extent that the subscriber provides shipment information to us. It is the subscriber’s sole responsibility to supply their shipment information to Parcel Audit Partners. This includes, but is not limited to, providing timely carrier website billing account login information including any and all changes thereto. Parcel Audit Partners will not be liable for inactivity or non-usage of your account nor for any interruption of the services not directly caused by Parcel Audit Partners. NO EXCEPTIONS.
NSF/Returned Checks
If your check is returned by your bank for any reason, including but not limited to non-sufficient funds, you expressly agree to reimburse Parcel Audit Partners for bank fees and extra handling costs associated with that check, by paying a handling fee of thirty five dollars ($35.00). NO EXCEPTIONS
Use of email and Facsimile Devices
You unconditionally agree to receive communications from Parcel Audit Partners via telephone, email and/or facsimile.
Violation of These Terms of Use
Parcel Audit Partners may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or Service, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Parcel Audit Partners rights or property, or the rights or property of visitors to or users of the Site, including Parcel Audit Partners customers. Parcel Audit Partners reserves the right at all times to disclose any information that Parcel Audit Partners deems necessary to comply with any applicable law, regulation, legal process or governmental request. Parcel Audit Partners also may disclose your information when Parcel Audit Partners determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and unconditionally agree that Parcel Audit Partners may preserve any transmittal or communication by you with Parcel Audit Partners through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Parcel Audit Partners determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Parcel Audit Partners, its employees, users of or visitors to the Site, and the public.
You agree that Parcel Audit Partners may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Parcel Audit Partners, for which monetary damages would be inadequate, and you consent to Parcel Audit Partners obtaining any injunctive or equitable relief that Parcel Audit Partners deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Parcel Audit Partners may have at law or in equity.
You agree that Parcel Audit Partners may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Parcel Audit Partners does take any legal action against you as a result of your violation of these Terms of Use, Parcel Audit Partners will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Parcel Audit Partners. You agree that Parcel Audit Partners will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Rhode Island without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state courts in Kent County, Rhode Island, and federal courts in Providence County, Rhode Island, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use 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. In the event of any controversy or dispute between Parcel Audit Partners and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Parcel Audit Partners with regard to your use of the Site and the Service, and any and all other written or oral agreements or understandings previously existing between you and Parcel Audit Partners with respect to such use are hereby superseded and cancelled. Parcel Audit Partners will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Parcel Audit Partners failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Parcel Audit Partners of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Parcel Audit Partners and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Business Terms and Conditions
The following terms, in addition to the Parcel Audit Partners Terms of Use and Privacy Policy, govern your use of the Account Setup and Management portion of the Parcel Audit Partners Inc. website, or any service for Parcel Audit Partners for registered account owners. Please check from time to time for updates. Your use of the Service means you have unconditionally accepted these terms and your continued use of the Service means that you are consenting to any updates. If you do not wish to agree to these terms, please do not use the Site or Service.
Age and Relationship
You must be above the legal age of majority (or above the age of 18, whichever is higher) to use the Site or our Service. In addition, you confirm that you are the owner of the entity listed on the account setup page or an authorized agent who is able to bind others on behalf of the entity.
Binding Others
You must bind any users that manage or subsequently own your Parcel Audit Partners account to these Terms of Use before making them managers or owners.
Account Content
You are responsible for the entity and locations associated with your business account. You must comply with any and all Parcel Audit Partners policies and guidelines for Parcel Audit Partners for registered account owners. These policies and guidelines become part of your agreement with us regarding these services.
If we find in our sole discretion that you have violated any of these responsibilities, we reserve the right to take the appropriate action. This means that in addition to the actions listed in the Parcel Audit Partners Terms of Use and Business User Additional Terms, we may also deactivate your Parcel Audit Partners account.
While Parcel Audit Partners is not responsible for your Parcel Audit Partners account or the entity listed there, once you establish a Parcel Audit Partners account you understand that we have the right, but not the obligation, to monitor and approve of the information you supply via your Parcel Audit Partners account.
Our Right to Use Your Company Name
Parcel Audit Partners may use your company name as a customer of Parcel Audit Partners in our marketing and promotional activities, but not for other purposes. Accordingly, you hereby irrevocably grant us permission to use your company name in this fashion. You are not entitled to any compensation for such marketing and promotional uses.
Ownership of Account Content
As between you and Parcel Audit Partners, you own your account content. We own the Parcel Audit Partners content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of site content, computer code, products, software, and all other elements and components of the Parcel Audit Partners site excluding your content and third party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Parcel Audit Partners Content and the Parcel Audit Partners Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Parcel Audit Partners content in whole or in part except as expressly authorized by Parcel Audit Partners. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Parcel Audit Partners site and Parcel Audit Partners content are retained by Parcel Audit Partners.
Parcel Audit Partners will absolutely not use your shipping information for any purpose other than auditing shipments, which may include displaying shipment data to our employees as needed to perform Parcel Audit Partners auditing services for you and displaying to you during use of website dashboard features.
Use of Carrier Account Credentials
Parcel Audit Partners will only use your carrier account credentials in a manner consistent with auditing services. These credentials are encrypted in our database and not directly accessible by Parcel Audit Partners employees. Account managers may need to decrypt and use these credentials during specific auditing and account review scenarios. Access to decrypted credentials is only granted on an as needed basis to parcel auditing specialists needing to perform audit processing activities and operations that require direct account access.
At times performing auditing services or requesting refunds may require direct interaction with the carriers via phone calls or other direct interaction. When this occurs Parcel Audit Partners may use account information such as account number or invoice numbers to verify for the carrier that we are authorized to discuss account details. At no time during this process or any other will Parcel Audit Partners disclose any password information.
Business Practices
Parcel Audit Partners will use best efforts to successfully audit and request refunds for every shipment meeting the terms of a carrier’s money-back guarantee but cannot be held responsible for instances of missed requests for refunds or refunds which are denied by any parcel carrier. You will receive refunds directly from carriers in the form of a credit on your invoice or credit card or bank account from the carrier or a check generated by the carrier. Parcel Audit Partners never directly handles carrier refund money.
Parcel Audit Partners will use best efforts to only invoice you for “approved” refunds but cannot be held responsible or liable for refunds that were confirmed either electronically or verbally by the parcel carrier but not refunded to you. In the event that this occurs, you may request an adjustment to the amount invoiced to you by Parcel Audit Partners and if Parcel Audit Partners determines that a refund was never received, we will adjust your account accordingly. For credits that require phone interaction between Parcel Audit Partners and parcel carriers, additional information may be required from you to verify that these credits were issued to your parcel carrier account and you unconditionally agree to provide same.
Parcel Audit Partners will invoice you monthly for a percentage of the amount refunded to you by parcel carriers. This percentage may vary and will be based upon verbal or electronic status as given to Parcel Audit Partners by parcel carriers.
Access by Parcel Audit Partners
You authorize us to access your Parcel Audit Partners account to help you manage your account.
Accounts, Passwords and Security
Certain features or services offered on or through the Parcel Audit Partners site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Parcel Audit Partners immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Parcel Audit Partners or any other user of or visitor to the Parcel Audit Partners site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Parcel Audit Partners cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Parcel Audit Partners shall be free to use such information on an unrestricted basis.