Terms of Use
1. User Eligibility/Membership
The sonomashipping.com Interface is provided by and available only to entities and persons
chosen by the staff of sonomashipping.com over the age of legal majority who can form
legally binding agreement(s) under applicable law. If You do not qualify, You are not
permitted to use the Website. SonomaShipping.com grants you a limited, revocable,
nonexclusive, non-assignable, nonsub-licensable license to access the
SonomaShipping.com website and use of the SonomaShipping.com carrier/shipping
accounts.
2. Charges for services rendered and/or relatable products
By using the sonomashipping.com website, or sharing credit card information with a team
member of Sonoma Shipping for the use of the services or products provided by Sonoma
Shipping, you (client) are in contract to these terms.
$29.95 Membership fee per month to sonomashipping.com ( Discounts on Shipping and
Supplies)
As of 1/1/2020 sonomashipping.com will offer 3 forms of payment.
2a. Pay per use: Each transaction will be charged upon completion from clients credit card
on file. The upload of said credit card (by client or Sonoma Shipping Employee), gives
Sonoma Shipping the right to charge the clients credit card for services on the website as
well as services and products sold from locations associated with Sonoma Shipping.
2b. Purchase of Virtual Wallet. (The Accountants Choice)
The ability to fill your account prior to processing transactions. This allows for easier
accounting, but still gives the client full access to an itemized list of shipments through their
account online at sonomashipping.com. The upload of said credit card (by client or Sonoma
Shipping Employee), gives Sonoma Shipping the right to charge the clients credit card for
services on the website as well as services and products sold from locations associated
with Sonoma Shipping.
2c. Net Terms.*
Clients who choose Net Terms will have the ability to defer payment till the end of the month
that services are rendered. They will be sent an invoice early the following month, with Net
0% Terms due within 10 days of being invoiced. 14 days after invoice has been sent out, if
payment has not been received by Sonoma Shipping, Sonoma Shipping has the right to
charge the clients credit card on-file. The upload of said credit card(by client or Sonoma
Shipping Employee), gives Sonoma Shipping the right to charge the clients credit card for
services on the website as well as services and products sold from locations associated
with Sonoma Shipping. A current credit card will be needed to open an account. If Sonoma
Shipping is unable to obtain payment through these measures, the past due amount will be
incurred a 6% per month penalty as of the due date, until invoice has been paid. It is the
right of Sonoma Shipping to withhold property from clients with outstanding invoices. An
invoice 90 days past due for storage fees, gives Sonoma Shipping the legal right to sell
wine or other stored products under their Wholesale License (#17-42118) at any cost, to
offset the loss Sonoma Shipping and it’s owners have incurred.
*Option available only with permission from Sonoma Shipping Management and may be
removed at our discretion.
3. Storage
3a. Storage Insurance
Sonoma Shipping carries only Liability Insurance for stored products. A copy of our policy is
available on request. Please make sure your business insurance covers loss to products
stored with Sonoma Shipping!
3b. Storage Fees
1-300 Cases = Minimum $150.00 per month
301+ = $150.00 minimum + 39.25 cents per Case thereafter.
NO IN/OUT fees up to 10 cases per week. At 11+ cases, a charge of $1.00 per case will be
billed.
120 Days of non-use of said services qualifies as dormancy. Once Dormancy is established,
cost per case above 300 is $1.77.
$2.75 In/Out fees per case after dormancy has been established.
$2.75 IN/Out Fees per box if we are preparing In/Out for third parties.
Sonoma Shipping does not charge for pickup WITHIN Sonoma County for storage.
Anything outside of Sonoma County, incurs a fee of $150.
Sonoma Shipping is not a delivery company.
However, if a delivery is requested, and Sonoma Shipping agrees to do so, the delivery fees
are as follows:
Regardless of county, $150, plus the following:
$20 Per pallet
$5 Pallet Wrap Fee
$1.00 per case that is pulled for the order.
$25 per pallet if it is already wrapped
AMENDMENTS of fees may be changed at the discretion of Sonoma Shipping and
sonomashipping.com
4. Scope of Terms of Use
These Terms of Use govern Your use of the Website and all applications, software, and
services (collectively, “Services”) available on the Website or provided by Sonoma Shipping
at a disclosed facility, except to the extent such Services are the subject of a separate
agreement. Specific terms or agreements may apply to the use of certain Services and
other items provided to You on the Website(“Service Agreement(s)”).
5. Modifications
sonomashipping.com may revise and update these Terms of Use at any time. Your
continued use of the Website after any changes to these Terms of Use will mean You
accept those changes. Any aspect of the Website may be changed, supplemented, deleted
or updated without notice at the sole discretion of sonomashipping.com also change or
impose fees for products and services provided through the Website at any time at it’s sole
discretion. SonomaShipping.com may establish or change, at any time, general practices
and limits concerning other sonomashipping.com services in its sole discretion.
6. Sonomashipping.com Rate and Service Guide and Tariff
The sonomashipping.com Rate and Service Guide applicable to You and the UPS Tariff (to
the extent it is applicable to You) in effect at the time of shipment govern Your use of
sonomashipping.com transportation and related services obtained through this Website, in
addition to any other terms and conditions that may be applicable to such transaction as
provided in these Website Terms of Use, and the Service Agreement(s). The
sonomashipping.com Rate and Service Guide and the UPS Tariff are hereby incorporated
into these Terms of Use, such that all references herein to the Terms of Use shall be
deemed to include, to the extent applicable, the SonomaShipping.com Rate and Service
Guide and the UPS Tariff.
7. SonomaShipping.com Privacy Notice
The SonomaShipping.com Privacy Notice governs the use of information collected from or
provided by You at the Website. With respect to any individual whose personal information
is provided by You to SonomaShipping.com, You represent to SonomaShipping.com that
You have obtained all necessary consents for the processing of such personal information
contemplated by the Services You are using and by the UPS Privacy Notice, including the
transfer of such data to the United States or other countries whose laws may not provide
the same level of protection for the personal data as the laws of the country of origin of such
individual.
8. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Website
and its contents (the “Content”) are the sole property of sonomashipping.com its affiliates or
third parties. The Content is protected by copyright and other laws in both the United States
and other countries. Elements of the Website are also protected by trade dress, trade
secret, unfair competition, and other laws and may not be copied or imitated in whole or in
part. All custom graphics, icons, and other items that appear on the Website are
trademarks, service marks or trade dress (“Marks”) of SonomaShipping.com, its affiliates or
other entities that have granted UPS the right and license to use such Marks and may not
be used or interfered with in any manner without the express written consent of
SonomaShipping.com. Except as otherwise expressly authorized by these Terms of Use,
You may not copy, reproduce, modify, lease, loan, sell, create derivative works from,
upload, transmit, or distribute the Intellectual Property of the Website in any way without
sonomashipping.com permission. Except as expressly provided herein,
sonomashipping.com does not grant to You any express or implied rights to
sonomashipping.com or any third party’s Intellectual Property.
Sonomashipping.com grants You a limited, personal, non-transferable, non-sublicensable,
revocable license to (a) access and use only the Website, Content and Services only in the
manner presented by sonomashipping.com and (b) access and use the
sonomashipping.com computer and network services offered within the Website (the
“sonomashipping.com Systems”) only in the manner expressly permitted by
sonomashipping.com Except for this limited license, sonomashipping.com does not convey
any interest in or to the sonomashipping.com Systems, information or data available via the
sonomashipping.com Systems (the “Information”), Content, Services, Website or any other
sonomashipping.com property by permitting You to access the Website. Except to the
extent required by law or as expressly provided herein, none of the Content and/or
Information may be reverse-engineered, modified, reproduced, republished, translated into
any language or computer language, re-transmitted in any form or by any means, resold or
redistributed without the prior written consent of sonomashipping.com You may not make,
sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit
or otherwise use the Content in any way, unless expressly permitted to do so by
sonomashipping.com.
9. Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via
the Website in a manner not expressly permitted by sonomashipping.com.
(d) You will not input or upload to the Website any information which contains viruses,
Trojan horses, worms, time bombs or other computer programming routines that are
intended to damage, interfere with, intercept or expropriate any system, the Website or
Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Website are restricted to customers of sonomashipping.com.
(f) You may not use or access the Website or the sonomashipping.com Systems or
Services in any way that, in sonomashipping.com judgment, adversely affects the
performance or function of the SonomaShipping.com Systems, Services or the Website
or interferes with the ability of authorized parties to access the sonomashipping.com
Systems, Services or the Website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the
Content or the Information, without the express written consent of sonomashipping.com.
10. Access to Shipping Related Systems and Information through the Website
Your use and access of the Shipping Related Systems and Information are subject to the
following terms:
(a) The “Shipping Related Systems” are comprised of the sonomashipping.com
Systems which are used to provide tracking, time in transit, Third Party locations, address
validation and other functions and information related to the shipment of packages via UPS.
The
Shipping Related Systems and Information gained from such systems (“Shipping
Information”) are to be used by You solely in connection with packages shipped by or to You
or on Your behalf and for no other purpose.
(b) The Shipping Related Systems and Shipping Information are the private property of
sonomashipping.com. Sonomashipping.com authorizes You to use tracking functionality
within the Shipping Related Systems solely to track shipments tendered by or for You to
UPS, FedEx or any other third party logistics company for delivery and for no other
purpose. Without limitation, You are not authorized to make the Shipping Information
available on any website or otherwise reproduce, distribute, copy, store, use or sell the
Shipping Information for commercial gain without the express written consent of
sonomashipping.com This is a personal service, thus Your right to use the Shipping Related
Systems and Shipping Information is non-assignable. Any access or use that is inconsistent
with these terms is unauthorized and strictly prohibited.
(c) Any use in connection with the Shipping Related Systems of automated inquiry
devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other
mechanisms with similar functionality is expressly prohibited.
11. Links
(a) Outbound Links. The Website may contain links to third-party Websites and resources
(collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to
You and not as an endorsement by UPS of the content on such Linked Sites.
Sonomashipping.com makes no representations or warranties regarding the correctness,
accuracy, performance or quality of any content, software, service or application found at
any Linked Site. sonomashipping.com is not responsible for the availability of the Linked
Sites or the content or activities of such sites. If You decide to access Linked Sites, You do
so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable
policies and terms and conditions of use, including but not limited to, the Linked Site’s
privacy policy.
(b) Inbound Links. Linking to any page of the Website other than to
https://sonomashipping.com through a plain text link is strictly prohibited in the absence
of a separate linking agreement with sonomashipping.com Any website or other device
that links to https://sonomashipping.com or any page available therein is prohibited from
(a) replicating Content, (b) using a browser or border environment around the Content,
(c) implying in any fashion thatSonomaShipping.com or any of its affiliates are endorsing
it or its products, (d) misrepresenting any state of facts, including its relationship with
SonomaShipping.com or any of its affiliates, (e) presenting false information about
SonomaShipping.com products or services, and (f) using any logo or mark of
SonomaShipping.com or any of its affiliates without express written permission from
SonomaShipping.com.
12. Submissions SonomaShipping.com
does not accept ideas, concepts, or techniques for new services or products through the
Website (“Comments”). If such Comments are received, You acknowledge that (a) they will
not be considered confidential or proprietary, (b) SonomaShipping.com and its affiliates are
under no obligation to keep such information confidential, and (c)SonomaShipping.com will
have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate,
reproduce, publish, display, distribute, and exploit such Comments in any manner it
chooses.
13. Termination
You agree that SonomaShipping.com, in its sole discretion, may terminate or suspend Your
use of the Website, the SonomaShipping.com Systems, Information, Services and Content
at any time and for any or no reason in its sole discretion, even if access and use continues
to be allowed to others. Upon such suspension or termination, You must immediately (a)
discontinue use of the Website, and (b) destroy any copies You have made of any portion of
the Content. Accessing the Website, the SonomaShipping.com Systems, Information or
Services after such termination, suspension or discontinuation shall constitute an act of
trespass. Further, You agree that SonomaShipping.com shall not be liable to You or any
third party for any termination or suspension of Your access to the Website, the
SonomaShipping.com Systems, Information and/or the Services.
14. Disclaimer of Warranties
SonomaShipping.COM MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE
OBTAINED FROM USING THE WEBSITE, THE SonomaShipping.COM SYSTEMS, THE
SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR
OWN RISK.
THE WEBSITE, THE SonomaShipping.COM SYSTEMS, THE INFORMATION, THE
SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.
SonomaShipping.COM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
SonomaShipping.COM AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS,
SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES
PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE UPS SYSTEMS.
NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED BY SonomaShipping.COM IN THESE TERMS
OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF
YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE
WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND
ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND
WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
15. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT
SonomaShipping.COM IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES,
SonomaShipping.COM IS RESPONSIBLE FOR ACTUAL BREAKAGE DUE TO DIRECT
MISHANDLING ONLY. SonomaShipping.COM IS NOT LIABLE FOR SPOILAGE DUE TO
WEATHER CONDITIONS OR ANY OTHER “ACT OF GOD”. TO THE EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL SonomaShipping.COM, ITS AFFILIATES, ITS
LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE
BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR
INABILITY TO USE THE WEBSITE, THE SonomaShipping.COM SYSTEMS,
INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY,
CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT SonomaShipping.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REFUNDS WILL BE ISSUED, AFTER EMAIL REQUEST UP TO 14 DAYS AFTER
TRANSACTION IF SHIPPING LABEL IS UNUSED. IF LABEL IS USED AFTER SAID
REQUEST, A PENALTY OF UP TO 500% OF THE ORIGINAL TRANSACTION WILL BE
ENFORCED, AND TERMINATION OF MEMBERSHIP MAY BE ISSUED. TO THE EXTENT
PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE
ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN
THESE TERMS OF USE.
16. Compliance with Law Including Export Control
You agree to use the Website in strict compliance with all applicable laws, rulings and
regulations and in a fashion that does not, in the sole judgment of SonomaShipping.com,
negatively reflect on the goodwill or reputation of SonomaShipping.com and shall take no
actions which would cause SonomaShipping.com to be in violation of any laws, rulings or
regulations applicable to SonomaShipping.com.
SonomaShipping.com and the Website are based in the United States. The United States
and certain other jurisdictions control the export of products and information. You agree to
comply with all such applicable restrictions and not to export or re-export the Content
(including any software or the Services) to countries or persons prohibited under the United
States or other applicable export control laws or regulations. If You access and download
the Content (including any software or the Services) or Information, You represent that You
are not in a country where such export is prohibited or are not a person or entity to which
such export is prohibited. You are solely responsible for compliance with the laws of Your
local jurisdiction and any other applicable laws regarding the import, export, or re-export of
the Content (including any Alcohol, software or the Services).
17. Forward-looking Statements
Except for historical information contained herein, the statements made in this Website
constitute forward-looking statements within the meaning of Section 27A of the Securities
Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking
statements involve certain risks and uncertainties, including statements regarding the intent,
belief or current expectations ofSonomaShipping.com and its management regarding the
company’s strategic directions, prospects and future results. Certain factors may cause
actual results to differ materially from those contained in the forward-looking statements,
including economic and other conditions in the markets in which we operate, our
competitive environment, long-term regulatory, economic and other effects from the events
of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation,
increases in aviation and motor fuel prices, cyclical and seasonal fluctuations in our
operating results, and other risks discussed in the company’s filings with the Securities and
Exchange Commission, which discussions are incorporated herein by reference.
18. Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE
THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE
WEBSITE, THE SonomaShipping.COM SYSTEMS, INFORMATION, SERVICES AND
CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE
COUNTY OF SONOMA, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND
YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR
HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY
SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE PC FREIGHT SYSTEMS,
INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
19. Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal
substantive laws of the State of California, U.S.A. excluding (i) California’s conflicts of laws
principles; (ii) the United Nations Convention on Contracts for the International Sale of
Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods;
and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the
fullest extent permitted by law, the controlling language for these Terms of Use is English.
Any translation has been provided for Your convenience, and You may view the English
language version by (a) returning to the home page for the country that You have selected,
(b) selecting the English link at the top of the page, and (c) then clicking on the link to the
Website Terms of Use located at the bottom of the page.
20. General
You may not assign these Terms of Use or any of Your interests, rights or obligations under
these Terms of Use. If any provision of these Terms of Use is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which shall remain in full force
and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
21. Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and
You waive any other requirement that these Terms of Use be evidenced by a written
document.
22. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER
WRITTEN AGREEMENT BETWEEN YOU AND SonomaShipping.COM OR IN THE
APPLICABLE SonomaShipping.COM AND SERVICE GUIDE OR UPS, FEDEX, OR
ANOTHER THIRD PARTY LOGISTICS COMPANY TARIFF, THESE TERMS OF USE
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND SonomaShipping.COM
WITH RESPECT TO THE USE OF THE WEBSITE, THE SonomaShipping.COM
SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT
CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS,
CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER
HEREOF.
23. Customer Service
Questions or comments regarding the Website may be submitted to SonomaShipping.com
Customer Service
