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What can I ship through ShipYourAquatics.com?

You cannot ship illegal drugs, batteries, liquor, aerosols, firearms and ammunition, fireworks, explosives, mammals (no dogs, no cats), birds, and absolutely no venomous reptiles.

You must also follow all FedEx rules and restrictions.

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Species that are considered illegal, invasive or otherwise restricted

You might be breaking the law if you ship live species that are considered illegal, invasive or otherwise restricted by state or local authorities.

Penalties can be steep, and there is no legal protection for not knowing.

So do your homework!

To get started, call the destination's local U.S. Fish & Wildlife Service or United States Department of Agriculture office. These links will help you reach the right office:

U.S. Fish & Wildlife Service office directory

United States Department of Agriculture service center locator

For information about invasive species, check out United States Department of Agriculture National Invasive Species Information Center.

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Can I ship packages to Hawaii?

Yes, but be aware that Hawaii has strict restrictions on live imports. These restrictions include:

  • Absolutely no reptiles.
  • Limited aquatic species.
  • Limited plants.
  • And more.

Before you ship to Hawaii, check the Hawaii Department of Agriculture's Importing Plants, Animals and Microorganisms to Hawaii pages.

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Are there any guidelines for packaging my shipment?

Always follow these general packaging guidelines:

  • Use a rigid box with flaps intact.
  • Remove any labels, hazardous materials indicators, and other previous and now irrelevant shipment markings from the box.
  • Wrap all items separately within the package.
  • Use adequate cushioning material. Crumpled newspaper works well.
  • Use strong tape designed for shipping. Do not use duct tape, scotch tape or masking tape to seal your package.
  • Do not use string or paper over-wrap.
  • Use a single address label with clear, complete delivery and return information.
  • Place a duplicate address label inside the package.

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How do I send a package with ShipYourAquatics.com?

We did our best to make the site simple and straight forward. But here are the three basic steps:

  1. Create your label.
    If you’re just curious about how much your shipment will cost, start by clicking the Calculate Shipping Cost button or tab. If you like our pricing, which you will, you can follow the process and book your shipment.

    If you know you want to send a package, click the Book A Shipment button or tab. Enter the necessary shipping and payment information.

  2. Print your label
    After you confirm your purchase, we will email your receipt and shipping label to you. You must print the shipping label within 30 days—but it does not expire, but can only be used once. If you’re ready to print your shipping label, click the Print Shipping Label Now button.

  3. Give FedEx your shipment.
    You have two choices, and you’ll tell us which one you want while you book your shipment.

    • You can drop your package at a FedEx location. See How and where can I drop off my package?
    • You can arrange for FedEx to pick up your package. Select this option on the Shipping Details page when you book your shipment.

Keep reading…

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How and where can I drop off my package?

We recommend dropping your package off at an Office Max, FedEx Staffed location or FedEx Authorized Ship Center. There are plenty of these locations, and they are generally convenient to where you live. They will accept packages at their FedEx counters for end-of-day pickup by FedEx drivers. This makes them perfect for afternoon drop offs.

  • Your package should be all taped up and ready to ship, and the prepaid shipping label should be securely fastened to the top.Your FedEx referral note should be taped next to your shipping label.
  • We suggest calling ahead to verify how late you can drop off your package.

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How can I track my package?

FedEx uses a tracking number to identify and track every shipment as it moves through the system to its destination.

When you book a shipment with ShipYourAquatics.com, we give you that package’s tracking number, both on screen and via email.

To track the progress of your shipment, go to the ShipYourAquatics.com homepage, enter your tracking number in the box that says “Enter Tracking Number” and hit the “Track Shipment” button.

This will send you to the FedEx site, where you’ll get all the information you need.

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How can I look at my shipping history?

It’s easy to peruse the shipments you’ve sent through ShipYourAquatics.com and the AllProShipping.com family of niche sites.

Go to the ShipYourAquatics.com homepage and log into your account. Go to your account and follow the links from there.

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Why do you want my package weight and dimensions?

FedEx bases its transportation charges on three things:

  1. Service.
  2. Distance. The farther you send something, the more it costs.
  3. Weight/Size. The larger and/or heavier something is, the more it costs.

Weight/Size can be determined in two ways:

  1. The actual weight. Put your box on a scale. 5.9 lbs. Easy.
  2. Dimensional weight. This might seem tricky, but it’s actually pretty simple. FedEx multiplies the package length x width x height, then divides by 166. That number is your package’s dimensional weight.
    Example: Length 12" x Width 12" x Height 9" / 194 = 6.7 lbs.

They look at your package’s actual weight and dimensional weight, and use the heavier of the two, rounded up to the nearest whole number. So your package bills as 7 pounds.

Note: They measures your package with lasers—yes, lasers. If they determine your package is bigger than you said it was, they will charge ShipYourAquatics.com an adjustment fee—then we’ll charge you that adjustment fee. So measure twice.

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How do I avoid adjustment charges?

When you screw something up, FedEx charges us an extra adjustment fee—then we promptly charge you that adjustment fee. This isn’t fun for any of us, and it’s worth avoiding.

Incorrect address charges

When FedEx attempts to deliver your package, but it turns out to be the wrong address, or the address doesn’t exist, they get annoyed. And they charge extra.

Please double-check your addresses and enter them accurately. 3911 Norwood Drive is not the same as 391 Norwood Drive, nor 3913 Norwood Drive, nor 3911 Norwood Avenue. The 80123 zip code is not the same as the 80128 zip code.

Each of those variations will incur an address correction fee. Please double check your address info for 100% accuracy.

Dimensional weight charges

FedEx measures your package with lasers, and if they determine your package is bigger than you said—bam!—adjustment fee.

Measure accurately. Enter your information correctly. Measure twice. Double-check your work. Seriously.

Incorrect weight charges

Incorrect Weight shipping charge corrections occur when the weight of a package is different than the weight indicated at the time of shipping.

To avoid Incorrect Weight shipping charge corrections, use any standard scale and round up any fraction of a pound to the next full pound. Enter that number into the ShipYourAquatics.com interface—accurately, please.

Large and/or heavy packages

A package is considered a "large package" when its length plus its girth [(2 x width) + (2 x height)] exceeds 130 inches, but does not exceed the FedEx maximum size of 165 inches.

If your package is considered large, FedEx will add a large package surcharge of $50 and bill the shipping amount for a 90-pound package, regardless of your package's actual weight.

TIP: When you measure your package, be sure to measure the bulges. Bulges will push some larger boxes over the limit.

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Packages with an actual weight of more than 150 pounds, or that exceed 108 inches in length, or exceed a total of 165 inches in length and girth [(2 x width) + (2 x height)], as measured to determine their billable weight, are not accepted for transportation.

If found in the FedEx system, Over Maximum Weight, Over Maximum Length and Over Maximum Size packages are subject to an additional charge of $50

Additional handling charges

Additional Handling applies to the following:

  • Any article that is encased in an outside shipping container made of metal or wood
  • Any cylindrical item, such as a barrel, drum, pail, or tire, that is not fully encased in a corrugated cardboard shipping container
  • Any package with the longest side exceeding 60 inches or its second-longest side exceeding 30 inches
  • Any package with an actual weight greater than 70 pounds

FedEx also reserves the right to assess the Additional Handling Charge for any package that, at their sole discretion, requires special handling.

So there. Don’t try anything funny. If FedEx charges ShipYourAquatics.com an additional handling charge, ShipYourAquatics.com charges you that additional handling charge. It’s not fun, but it’s fair.

Residential delivery charges

FedEx defines a residence as a location that is a home, including a business operating out of a home that does not have an entrance open to the public. If you’re raising coral in your spare bedroom, sorry—it’s still a residence.

You can avoid Residential Delivery shipping charge corrections by selecting Residential Address when you enter the address. Residential surcharges are usually just a few dollars max.

Over maximum limits charges

FedEx has established specific weight and size limits for the packages you send with all FedEx services.

 

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When should I send my package?

If you want your package to reach its destination by a certain day and time, but you're not sure which shipping service you need or when you need to send your package:

Go to the FedEx Rates and Transit Times tool.

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When will my package arrive?

For most addresses, your Priority Overnight package will arrive by 10:30 a.m. Tuesday through Friday. There is NO DELIVERY on Saturday or Sunday. DO NOT send a live reptile package on Friday; it will not arrive until Monday, and that is not acceptable.

Note: In some outlying areas, Priority Overnight packages are delivered by noon. In farther outlying areas, Priority Overnight packages are delivered by the end of the day.

To check the expected or guaranteed delivery time for your destination, go to the FedEx Rates & Transit Tool and enter the Ship From and Ship To ZIP codes, choose a shipping date, enter a package weight then click on the “Get quick quote” button.

Businesses often have morning drop-offs. If morning delivery is essential, consider sending your package to a business address.

When you're shipping a live reptile, it's important that your recipient be available to receive your package, no matter when it arrives.

  • If you require delivery confirmation, the recipient must be alert, ready and waiting for the FedEx driver. You do not want the package going back onto the truck for delivery the next day.
  • If you do not require delivery confirmation, tell your recipient to check the front and back doors, the porch—all around the house—to make sure the package doesn't sit outside.

Special note for Alaska and Hawaii

Do not ship live animals to Hawaii. 

Because of its remoteness and limited FedEx services, certain zip codes in Alaska require one or more additional days for pickup and delivery of overnight shipments.

To make absolutely sure you are not sending a package to one of these locations, we recommend pre-determining the guaranteed delivery date and time by going to FedEx Rates & Transit Tool and entering the ZIP code you intend to ship to. By selecting “Get quick quote” you will know if additional time will be required to deliver your package.  

You can also contact our customer service department at 303-730-2125 or info@allproshipping.com for any help you may need on this.

Note: Don't forget your heat or cold packs!

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What are your return and refund policies?

If you have not shipped a package using your shipping label, we can void your label and issue you a refund. Contact us with your tracking number.

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Does FedEx ship on holidays?

In general, no. Please plan your shipments around the FedEx Holiday Schedule.

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What is your Privacy Policy?

ALL PRO SHIPPING PRIVACY POLICY

Your information is completely confidential. We will not share it with or sell it to any other party.

At ShipYourAquatics.com, your privacy is a top priority. Please read below for our complete privacy policy details.

Overview

We use the information that we collect about you to fulfill your product and service purchases and to create a more personalized online experience. This is just a brief overview, so please read on for more details about our Privacy Policy. This Policy may change from time to time, so please check back periodically.

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Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you.

Questions regarding this Policy should be directed to info@allproshipping.com or the following address:

Attn: Privacy Information
Ship Your Aquatics
12415 Dumont Way #106
Littleton, CO 80125

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This Privacy Policy will explain the following regarding use of our site:

1. What information does shipyourreptils.com collect from you?

In order to better provide you with products and services, superiorenterprise.com collects two types of information about its visitors: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.

Personally Identifiable Information

This refers to information that lets us know the specifics of who you are. Personal information is requested when you order a product or service. For example, this information might include your name, billing address, shipping address, telephone number, e-mail address, credit card or other payment information, and product details. With this information, ShipYourAquatics.com can fill your orders and better provide you with personalized services.

Non-Personally Identifiable Information

This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you shop on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. For example, this information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.

2. Where do we collect information from you and how do we use it?

Our primary goal in collecting personal information is to provide ShipYourAquatics.com visitors with a superior customized online experience. We use the customer contact information to fill orders, contact purchasers to inform them of their order status, to send promotional information, to enhance the operation of our site and administer our systems.

ShipYourAquatics.com does research on our visitors' demographics, interests, and pages viewed based on the information provided to us during ordering, a promotion, and from our server log files. We will use this data to tailor the visitor's experience at our site, to improve our marketing and promotional efforts, to statistically analyze site use, to improve our product offerings, and to customize our site's content, layout, and services.

We gather information in the following ways:

Shopping

We collect IP addresses for the purposes of system administration, to gather broad demographic information, to enable ads to be served on our site, and to monitor the level of activity on our site. We collect information from visitors to our site regarding the URLs they came from, domain types (e.g., .com or .org), their IP addresses, the date and time of their visit or order, the number of visits and orders, the number of visits per browsing session, the server type, the operating system and browser type used to come to the site, the country, state and telephone area code where their servers are located, the pages and page titles of our site that visitors viewed during their visit, whether the visitor's computer is enabled for Java or cookies, browser language, applications and plug-ins, and any search terms entered on our site.

Ordering

When you order from us, we collect personally identifiable information from you. If you order one of our products or services, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address, page you bought from and a password. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you about your order and to send you promotional materials. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contained and these changes will be automatically kept for future use.

Newsletters & Promotional E-mails

We offer free newsletters and promotional e-mails as a service to our customers. We will send you newsletters and e-mails periodically listing current specials and deals. To stop receiving our newsletter, please notify us by e-mail at info@allproshipping.com

Contact Information

If you contact ShipYourAquatics.com or our customer service representatives by telephone, e-mail or letter, we may keep a record of your correspondence or comments. If you report a problem with our site, we may collect such information in a file specific to you. If you contact us through our feedback area or by calling one of our customer service representatives, we may ask for your name and e-mail address in order to send you a reply.

We also track customers' traffic patterns throughout their online session, including which pages a customer views while using the site. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.

Cookies

We use cookies in the operation of our site.

Action Tags

We use action tags in the operation of our site.

3. Who is collecting your information?

Website Analysis Agent:

We may use an outside service to collect Non-Personally Identifiable Information on an aggregated basis so that we can improve the marketing and layout of our site. They may use cookies to perform their service. For more info, please see the section "Use of Cookies" below.

Surveys and Polling:

We may use a third party surveyor to run optional surveys for ShipYourAquatics.com. That surveyor collects Non-Personally Identifiable Information for the sole purpose of providing reports to ShipYourAquatics.com about our shoppers' interests and opinions.

Other Parties:

We do not sell, trade, or rent your Personally Identifiable Information to others without your consent. We may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect the rights, property, and safety of ShipYourAquatics.com, our users, or others. If customers do not pay us for products ordered, we may submit their account information to a third party collection agency.

Services Provided on Our Site:

Except as otherwise stated in this Policy, without your consent, ShipYourAquatics.com does not disclose its customers' Personally Identifiable Information to other merchants.

Data Analysis Agents:

The information collected by or for ShipYourAquatics.com may be provided to an outside company for the purpose of analysis. That analysis is to help us to improve our site and product selection, and to notify you of special offers that may be of interest to you. That data analysis agent may not share any Personally Identifiable Information with others, or use it for any other purpose than to help ShipYourAquatics.com

Compliance with Service of Process or Law Enforcement:

Occasionally ShipYourAquatics.com may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation.

ShipYourAquatics.com fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

4.How can you update or correct your Personally Identifiable Information?

We believe you should have the ability to access and edit the personal information that you have provided to us. During the online ordering process you can review, change, or delete the information that you have submitted. You may change any of your personal information in your account online at any time. We encourage you to promptly update your information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your Personally Identifiable Information will be completely removed from our backed-up databases.

5.What are your choices regarding collection, use, and distribution of your information?

Email: We may from time to time send you e-mail or other communications regarding current promotions, specials and new additions to the superiorenterprise.

6.What security precautions are in place to protect against the loss, misuse, or alteration of your information?

In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

When you access your account information, the information is kept on a secure server. All of the customer data we collect is safe and protected against unauthorized access by physical security means. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encryps all of your personal information, including credit card number, name, and address, so that it can not be read over the internet.

7. A special note about children's privacy

You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors under 18 years of age. If you are the parent or guardian of a minor under 18 years of age and believe that they have disclosed personally identifiable information to us, please contact us at info@shipyouraquatics.com so that we may delete the minor's information.

8. ShipYourAquatics.com and third-party use of "cookies" and "action tags."

ShipYourAquatics.com Cookies:

When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to ShipYourAquatics.com. The cookies make your use of the site easier, allow you to retrieve an earlier shopping cart, make the site run more smoothly and help us to maintain a secure site.

Ad Server Action Tags and other Data Collection Methods:

An action tag is a method used to track responses or actions. Action tags are images embedded in a website page that are used to transparently collect information. Our ad server uses action tags to count the number of times that visitors - as a group - click on a particular banner ad or visit the pages of our site. Without collecting any personally identifiable information, they use that data to tell us (and advertisers) which ads are the most effective on particular sites. No Personally Identifiable or individual customers' specific product information is collected.

9. Contacting ShipYourAquatics.com about privacy questions or concerns:

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact ShipYourAquatics.com by sending a letter to:

Attn: Privacy Compliance Officer
Ship Your Aquatics
12415 Dumont Way #106
Littleton, CO 80125

You may also contact us by e-mail at info@ShipYourAquatics.com.

10.Privacy Policy changes:

This Privacy Policy was last changed on March 16, 2009. If ShipYourAquatics.com makes changes to any terms or conditions of the Privacy Policy, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We may change, modify, add or remove portions of this Policy at any time, and any changes will become effective immediately upon being posted unless we tell you otherwise.

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What are your Terms & Conditions?

Terms & Conditions for Purchase of FedEx Shipping

This contract for the purchase of FedEx Value Added Shipping Services (“Agreement”), by and between All Pro Shipping, Inc. (“Seller”) of 12415 Dumont Way #106, Littleton, CO 80125, Littleton, Colorado 80125 and the registered purchasing party (“Buyer”), is entered into and becomes immediately effective on the date this transaction is completed and validated through acquiescence and acknowledgment of acceptance of the Terms & Conditions of this Agreement as verified, evidenced and affirmed by the application of Buyer’s digital or written signature as applied to this Agreement.

In consideration of the covenants and conditions contained herein, the parties agree as follows:

  1. Definitions

    1. FedEx. FedEx Corporation
    2. Seller. All Pro Shipping, Inc…
    3. Buyer. Term used to define the individual that provides/applies his or her digital-signature-confirmation to the Terms & Conditions and the individual that pays for The Package.
    4. Reservation. Terms used to define Buyers purchase of FedEx value-added shipping services from Seller.
    5. Parcel. Term used to define any item shipped through FedEx, with suitable packaging, per the terms and conditions of this Agreement.
    6. The Package. Phrase used to describe the FedEx shipping services purchased from Seller by Buyer.
  2. Conditions of Sale

    1. Services Provided. In exchange for valuable consideration received, Seller agrees to provide the following services (“The Package”), subject to change at Seller’s sole and exclusive discretion:
      1. Shipping. Seller is an independent, outside FedEx value-added shipping services agent, and Seller, in no way, is associated to or involved with the business dealings or practices of FedEx. Working under this premise, Seller agrees to provide FedEx value-added shipping services to Buyer.
      2. FedEx Facilitation. In so signing, Buyer agrees to allow Seller to facilitate shipping arrangements between Buyer and FedEx, via FedEx pick-up or FedEx drop-box, including but not limited to: (1) allowing Seller to provide FedEx with Buyers address; (2) allowing Seller to provide FedEx with Buyers relevant personal information; (3) allowing Seller to provide FedEx with pickup and delivery times for Buyer; (4) allowing Seller to purchase FedEx shipping on Buyers behalf; and (5) allowing Seller to pay for FedEx shipping services provided to Buyer.
      3. Billing. Seller agrees to provide Buyer with detailed FedEx billing analysis, which includes, but is not necessarily limited to, billing history analysis and review and billing manipulation.
      4. Returns. Seller agrees to facilitate returns for Buyer, when necessary and appropriate.
      5. Discounts. Seller agrees to provide discounted FedEx shipping rates to Buyer, with said rate applied per the conditions set forth in Sellers “Discount Proposal” to Buyer. At Sellers sole discretion, Seller reserves the right to review Buyers discount on a weekly basis, and, based on an eight (8) week rolling average, adjust Buyers discount rate based on Buyers previous eight (8) weeks of billing.
      6. Call Service. Seller agrees to provide Buyer with a call service program with regard to Buyers FedEx shipping needs such that if Buyer requires FedEx account service, or other pertinent needs relevant to FedEx shipping services, Buyer will contact Seller who will then contact and facilitate communication with FedEx on Buyers behalf. Sellers call service may assist with, or facilitate, Buyer needs including, but not necessarily limited to, lost parcel issues, damaged parcel issues, refund issues, insurance issues, cancellation issues, delivery issues, driver issues and other relevant Buyer concerns.
      7. Special Services - Reptile Shipping. Buyer undertakes of this Agreement for good and valuable consideration received in that Seller has arranged and negotiated with FedEx, a contractual relationship that will allow Buyer to ship non-venomous reptiles via FedEx. Buyer acknowledges that the Seller is providing a good and valuable service to Buyer.
    2. Terms of The Package
      1. Purchasing. FedEx value-added shipping services will be sold on a continual basis. Reservations will be accepted at all times, accept that pick-up of parcels is limited and subject to FedEx hours of operation which includes FedEx closures for the evening, weekends, or holidays and FedEx terms and conditions. Buyers are required to order their shipping through Seller in order to receive the benefits defined in The Package. Reservations made through FedEx will prevent said purchaser from receiving The Package.
      2. Reservation Procedure. Buyer will make reservations for FedEx value-added shipping services by ordering said service through Seller’s website. Seller’s website will provide adequate prompts and directions such that Buyer will complete the payment and reservation portion of Buyer’s acquisition of the Package, through Seller’s website.
      3. Payment Terms. At the time of sale, Buyer will be billed, via credit card, by Seller per the terms defined in the Discount Proposal and subject to relevant state and local taxes.
      4. Product Pickup. After purchasing the Package from Seller, Buyer will then be obligated to shipment via FedEx. Buyer will be prompted as to the proper FedEx pickup times, pickup windows and locations. Buyer agrees to be obligated to these conditions without recourse.
      5. Service Fees. There simply are no service fees. Seller, as a provider of FedEx value-added shipping services, at all times, will make best efforts to provide discounted FedEx shipping rates to Buyer.
      6. Cancellation/Refund Policy. Buyer may cancel or void reservations, but said cancellation or voidance is subject to a discretionary $4.95 service charge by Seller.
      7. Rate Adjustment. Rates are subject to discretionary and reasonable adjustment for reasons including, but not necessarily limited to: i) Buyer providing the wrong address(es); (ii) Buyer improperly packaging a parcel(s); and (iii) Buyer does not comply with FedEx and/or Sellers terms and conditions.
      8. Assignment of Right. Buyer shall not be entitled to assign Buyer’s interest in this reservation to a third party.
      9. Duration. The terms of this contract shall be self-renewing on a weekly basis.
      10. Cancellation. If, at any time, Buyer chooses to terminate their relationship with Seller, Buyer must provide written notification of such cancellation and pay all debts owing to Seller. Seller may cancel this Agreement at any time and for any reason.
    3. Seller’s Reservation of Right. Seller reserves the right, at any time, to change, postpone or abandon all or any part of The Package and to adjust or change the terms when reasonable, advisable or necessary. In the case of such change, Seller will not be responsible for any losses or expenses incurred or caused by reason of such change, postponement or abandonment. Buyer acknowledges that unforeseen circumstances may arise which may lead to the cancellation of certain terms or conditions. As such, Seller reserves the right to change, postpone or abandon any term or condition should it become reasonably necessary.
  3. Zero Tolerance Policies

    1. Controlled Substances. Seller has a zero tolerance policy regarding the illegal use, possession, purchase or distribution of controlled substances. Any violation of this policy will result in the revocation of any service provided under The Package, including but not limited to, revocation of shipping privileges and termination of reservations. Seller will not be responsible for losses and damages incurred as a result of actions taken pursuant to this policy.
    2. Discrimination Against Protected Classes. Seller has a zero tolerance policy regarding discrimination against anyone, including protected classes. Any violation of this policy will result in the revocation of any service provided under The Package, including but not limited to, revocation of shipping privileges and termination of reservations. Seller will not be responsible for losses and damages incurred as a result of actions taken pursuant to this policy.
    3. Shipping of Venomous or Dangerous Reptiles or Animals. Seller has a zero tolerance policy regarding the shipment of venomous or dangerous reptiles or animals. Any violation of this policy will result in the revocation of any service provided under The Package, including but not limited to, revocation of value-added shipping privileges and termination of reservations. Seller will not be responsible for losses and damages incurred as a result of actions taken pursuant to this policy.
  4. Indemnity and Waiver from Suit

    1. FedEx. Buyer knowingly undertakes of the terms of this Agreement with the informed knowledge that Seller is an independent, outside FedEx value-added shipping services agent, and that Seller, in no way, is associated to or involved with the business dealings or practices of FedEx. As such, upon information and knowledge, Buyer consents to the following:
      1. Personal Responsibility. Buyer indemnifies, and Seller accepts no responsibility, whatsoever, for any and all actions of FedEx, its employees or representatives, including, but not limited to, actions by delivery men or women employed by or associated to FedEx, and Buyers dealings with them. Buyer understands that it is the sole responsibility of Buyer to deal with FedEx in a professional manner, and that Buyer undertakes a duty to notify Seller of any issues Buyer might have with their FedEx shipping arrangement.
      2. Commencement of Action. In the event Buyer commences an action against FedEx, or FedEx commences an action against Buyer, including but not limited to a negligence action against FedEx for failure to provide safe shipping accommodations, liability of buyers for damage to or theft of parcels, personal property damage, delays in or inability to reserve shipping, unforeseen circumstances at FedEx, or any other cause of action owing to FedEx’s or Buyer’s negligence or failure to perform, including but not limited to any breach of FedEx’s duty of care, Buyer provides Seller with complete immunity and indemnity from suit in the event such action commences.
      3. Buyers Knowing Assumption of Risk. Upon agreeing to the terms and conditions of this Agreement, Buyer also agrees to comply with the terms and conditions set forth by FedEx for parties shipping packages using FedEx services. Buyer makes special note of the fact, and accepts the inherent risk associated thereto, that FedEx does not, nor does Seller, guarantee the live arrival of animals or reptiles delivered via FedEx. Buyer knowingly assumes the risk that, in the case of non-compliance with the terms and conditions of shipping as set forth independently by FedEx, Buyer may be asked to terminate their reservation. In the event that Buyer is asked to terminate their reservation with FedEx prior to the date they are due to ship or other relevant reasons, Buyer indemnifies Seller against any such action(s) commencing therefrom.
    2. Complete Release of Liability. Buyer voluntarily and knowingly assumes all risks associated to or involving:
      1. Buyer’s shipment(s) of parcels through FedEx, including, but not necessarily limited to, Buyer’s duty to package their parcels suitably,
      2. Any errors or omissions regarding credit card or payment transactions,
      3. Buyer’s or Seller’s cancellation or non-compliance with FedEx terms and conditions, and
      4. all other actions resulting from or taken by Buyer, Seller, or FedEx in relation to Buyer’s purchase of The Package.
    3. Buyer’s Covenant Not to Sue Seller. Buyer will not bring suit in law or equity against Seller, any of its officers, directors, stockholders, employees, agents, affiliates, or any other person or entity on grounds, including but not limited to, libel, slander, invasion of privacy, personal injury, death, negligence, property damage or attorney’s fees which may occur at a location or as a result of their purchase of The Package. Buyer further affirms and agrees that Seller is providing service assistance regarding, but not limited to, shipping delivery guarantees, FedEx tracking, damaged product or non-delivery reimbursement, and other services, as an inclusive component of The Package, however, Buyer will not bring suit in law or equity against Seller, any of its officers, directors, stockholders, employees, agents, affiliates, or any other person or entity on grounds related to FedEx error. Seller agrees that this release shall be binding upon Seller, and seller’s heirs, next of kin, executor(s) and personal representative(s).
  5. Revocation of Acceptance

    1. If the Buyer accepts the terms tendered under this Agreement, the Buyer will have no right to revoke his or her acceptance, and after such acceptance the Buyer shall have no remedy against the Seller nor right to revoke such acceptance for any reason.
  6. Excuse of Performance

    1. Excuse of Performance by Substitute Performance. Where, without fault of either party, the agreed manner of performance becomes commercially impracticable, impossible or otherwise difficult to perform, including, but not limited to instances such as: (1) the bankruptcy of FedEx, (2) force majeure, or (3) condemnation, closure or irreparable damage to facilities relevant to this Agreement, parties agree that Seller may, at Seller’s sole discretion, provide a commercially reasonable substitute if available, and that if substitute performance is tendered it must be accepted.
    2. Complete Excuse of Performance. Where, without fault of either party, the agreed manner of performance becomes commercially impracticable, impossible or otherwise difficult to perform including, but not limited to instances such as: (1) the bankruptcy of FedEx, (2) force majeure, or (3) condemnation, closure or irreparable damage to facilities relevant to this Agreement, parties agree that, should Seller be unable to provide reasonable and comparable substitute performance, Buyer agrees to excuse said performance and releases Seller from all liability resulting therefrom.
  7. Breach

    1. Buyer Breach. Buyer shall be considered in breach of his or her obligations under this Agreement in circumstances including, but not limited to, when:
      1. Buyer wrongfully rejects the services provided; or
      2. Buyer wrongfully attempts to reject or revoke acceptance of the terms; or
      3. Buyer fails to make a payment due; or
      4. Buyer repudiates; or
      5. Buyer violates the Terms or Conditions of Seller; or
      6. Buyer violates the Terms or Conditions of FedEx; or
      7. Buyer wrongfully fails to perform, or is in violation of an obligation, undertaken per the terms of this Agreement.
    2. Remedy for Breach. If the Buyer breaches, then with respect to any sales directly affected and, if the breach is of the whole Agreement, then also with respect to the whole undelivered balance, the Seller may take the following actions inclusive of, but not limited to:
      1. cancelling the Agreement; or
      2. withholding services provided under The Package; or
      3. cancelling reservations made on Buyers behalf; or
      4. recovering damages for non-acceptance, repudiation or breach.
    3. Measure of Damages. The measure of damages shall be the full contract value unless it is determined by a competent court of law that the measure of damages shall be the difference between the market price at the time and place for tender and the unpaid portion of the Agreement, together with any incidental damages, but less expenses saved in consequence of the Buyer’s breach.
  8. Right to Resell

    1. In the event Buyer breaches, Seller may resell or donate the same service package, at public or private sale, at any time upon breach, and recover from Buyer, as liquidated damages thereon, the difference between the above purchase price thereof (plus compounded interest on such purchase price from due date thereof at 28% per annum) and the price obtained on resale or donation, if the latter be less than the former; also all incidental losses and expenses, including salesman’s time and expenses and demurrage, storage, cartage, reassigning occupancy and any relevant additional charges. Resale anywhere in the usual course of Seller’s business and resale at any terminal market, or at or near destination, shall always be proper and the price received conclusive unless bad faith is clearly proven.
  9. Acceleration

    1. Default in the payment of any installment when due shall, at the option of the Seller, render the total purchase price at once due and payable or shall entitle the Seller to immediate cancellation of the Agreement. Any money theretofore paid shall be retained by the Seller as damages, except as otherwise provided by law, time being hereby expressly made the essence of this Agreement.
  10. No Oral Modifications

    1. No modification to this Agreement shall be valid unless, and in the event, that such modification is written and signed by Seller and Buyer.
  11. Attorney’s Fees

    1. In the event Buyer commences an action against Seller arising from this Agreement, should Buyer drop the suit, settle or lose on the merits, Buyer agrees to pay reasonable attorney fees incurred by Seller in defense of the action.
  12. Arbitration

    1. The parties agree that all disputes and claims relating to this Agreement shall be settled by arbitrators in accordance with the rules of the American Arbitration Association. Upon the written application by either Seller or Buyer for the hearing and adjudication of a dispute or claim, the recipient of the application will proceed with arbitration hearings. The parties agree to abide by and be bound by the decision and award of the arbitrators, and that a judgment may be entered in a court upon the award made in pursuance of this submission. Parties agree to split the costs of arbitration, accept that Buyer agrees to pay the costs of arbitration in the case that judgment is awarded in favor of Seller.
  13. Choice of Law

    1. All disputes and matters related to this Agreement shall be governed by and adjudicated in the State of Colorado in accordance with the Terms & Conditions contained herein.
  14. Digital Signature

    1. The parties to this Agreement affirm that the digital signatures of the parties included in this Agreement, which signatures may include initials, a checkbox verification/confirmation or other relevant affirmations of self, are intended to authenticate this writing and that the digital signatures have the same force and legal effect as the use of manual signatures.
  15. Merger

    1. This Agreement represents the entire understanding between the parties. Buyer’s decision to purchase and pay Seller for The Package constitutes Buyers acknowledgment of and consent to all of the terms and conditions of the Agreement, including, but not limited to, the limitations of liability described herein.

On today’s date, by applying digital or written signature to this Agreement, the undersigned hereby acknowledge, having reviewed the information included herein, certify, and agree to the terms and conditions contained herein without limitation.

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ShipYourAquatics.com
Department: Please help me
12415 Dumont Way #106
Littleton, CO 80125

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