These Terms and Conditions of Service and Explanation of Coverage (T&Cs) govern and control your participation in the transactional cargo shipping protection program (Program) established by UPS Capital Insurance Agency, Inc. (we or UPSCIA) for Gallagher Affinity (Channel Partner). As a participant in the Program, these T&Cs are a legally binding contract, and you should read them carefully. To contact UPSCIA, see the “Contact Us” information in Section 20.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE T&Cs AND AGREEMENT TO ARBITRATE REQUIRE (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST UPSCIA TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST UPSCIA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1. REVIEW AND ACCEPTANCE: You (you or End User) should fully review and understand these T&Cs before you request to participate in the Program with respect to any shipment of goods. In particular, you should ensure that your shipments are eligible for coverage and that you understand the terms of protection offered under the Program. Your acceptance of these T&Cs is a condition precedent for your goods to be protected under the Program. In addition, you should fully review and understand each of the following before you request to participate in the Program with respect to any shipment of goods: the UPS Capital Group Technology Agreement (the current version of which is available at https://www.insureshield.com/us/en/legal/technology-agreement.html), and the UPS Capital Privacy Notice (the current version of which is available at https://www.insureshield.com/us/en/legal/privacy-notice.html) (together with these T&Cs, collectively, the Acceptance Documents). We may update or otherwise modify these T&Cs and the other Acceptance Documents from time to time in our discretion (without notice to you). Each time that you participate in the Program, you will be deemed to have accepted and agreed to the versions of the Acceptance Documents in effect at the time the protection was requested or deemed to be requested (or, if the request or deemed request relates to a general election to protect future shipments of goods, the versions of such Acceptance Documents in effect at the time of booking of the applicable shipment of goods).
2. OFFER TO INCLUDE GOODS UNDER POLICY: Channel Partner has provided you and other of its members (Members) the opportunity to participate in the Program by protecting your eligible shipments of goods under one or more cargo insurance policies (Policies) issued through UPSCIA to Channel Partner. Your election to include your goods under the Program is entirely optional. You are not permitted to offer any other party the opportunity to participate in the Program and any such offer will be null and void. Channel Partner further reserves the right to decline or exclude certain shipments from protection under the Policies.
3. POLICY MEMBER GROUPS: Protection under the Policies may extend to, and vary between, packages of four Member categories: (i) Group 1, which includes, but is not limited to, such market sectors as industrial manufacturing, automotive, construction and engineering; (ii) Group 2, which includes, but is not limited to, such market sectors as consumer services, chambers, buying groups, corporate partners, communications, entrepreneurial, fraternal, non-profit and travel/hospitality; (iii) Group 3, which includes, but is not limited to, such market sectors as professional services members, financial/insurance, real estate, legal, technology and healthcare; and (iv) Group 4, which includes, but is not limited to, such market sectors as food, beverage, pharmaceuticals, and perishables. As set forth herein, not all Members are eligible for the same protection under the Program. If you have any questions as to which Group or Policy applies to you, please contact UPSCIA for more information.
4. CERTAIN END USERS AND SHIPMENTS NOT ELIGIBLE: Only prepaid outbound packages shipped with United Parcel Service, Inc. (“UPS”) and inbound freight collect and inbound third party billed shipments shipped with UPS and originated in the U.S. and billed under a UPS shipper account number using a UPS Package Level Detail (“PLD”) compliant shipping system are eligible for coverage under the Policies. End Users located or based outside of the United States and retail shipping outlets (whether they are acting for themselves or for any of their respective customers) are not eligible to participate in the Program. With respect to any End User that elects to participate in the Program for a business purpose, shipments with contents unrelated to such business purpose will not be protected under any Policy regardless of commodity type. End Users, who are individual persons, are not eligible to participate in the Program except to the extent acting on behalf of a corporate or similar business entity for a business purpose.
5. REQUESTING PROTECTION UNDER A POLICY: To request protection under a Policy for any shipment, the shipper must insert the insurable value (Insured Value) in the Declared Value field in the UPS shipping system or an approved reference field, in accordance with Section 13(c) below. If the shipper fails to insert the Insured Value in the Declared Value or approved referenced field in the shipping system when manifesting the package for transport, then such package will not be included for protection under any of the Policies.
(a) For any package consigned to a residence, the shipper is required to specify “Signature Required for Delivery” when manifesting the package for transport if the Insured Value is $5,000 or more. Failure to specify “Signature Required for Delivery” when required shall result in the package not being included under any of the Policies. If the recipient to whom the package is consigned allows UPS to effect delivery without a signature where such specification is required hereunder, protection under the Policies will be null and void.
(b) For any packages shipped via a UPS internet shipping account with an Insured Value exceeding $1,000, the shipper must obtain a driver signature on a “Proof of Pickup” at the time of package pickup. Failure by the shipper to obtain a “Proof of Pickup” at the time of package pickup may result in declination of coverage under the Policies.
(c) For any package with an Insured Value of $100 or less, the shipper must insert an Insured Value of $101 in the Declared Value field of the UPS shipping system. Failure to do so will result in such package not being included for protection under any of the Policies.
(d) For a shipment comprised of multiple packages being shipped under a single source document consigned to the same receiver, a single aggregate Insured Value for the entire multi-piece shipment may be declared in the Declared Value field corresponding to the first package of the shipment. If so declared, no amount should be declared in the Declared Value field for any package except the first package.
6. NO RIGHTS UNDER THE POLICIES: This offer is not intended to and does not provide insurance directly to you. You are neither an insured nor an additional insured nor do you have any other rights under any Policy. In the event of a loss covered under an applicable Policy, any resulting claim payment may be directed to you by Channel Partner as a loss payee and only to the extent of your interest in the protected shipment.
7. POLICY DETAILS: All Policies for the Program are underwritten by an authorized insurance company (Insurer) and provided by UPSCIA. UPSCIA has prepared these T&Cs in part to summarize protection terms under the Program for your benefit in your capacity as a prospective loss payee. UPSCIA, Channel Partner, and/or other parties may receive financial compensation in connection with the Program. You may request a copy of the Policies from Channel Partner or UPSCIA. All descriptions or illustrations of coverage provided herein are for general informational purposes only, are not statements of contract and do not amend, alter or modify any Policy. For a complete understanding of the protection available, please review the Policies for their exact terms, conditions, definitions, and exclusions.
8. NO BROKER OR CUSTOMER RELATIONSHIP WITH UPSCIA: You acknowledge that we have no contractual relationship with you and do not serve as your broker, agent or other representative. We may communicate or otherwise interact with you from time to time to facilitate Channel Partner’s administration of the Program, including by delivering invoices to you for shipment protection-related fees; receiving payments from you; receiving from you, and administering, claims under the Program; and delivering claim payments to you at the request of Channel Partner. No such communications or interactions shall be deemed to create a broker or customer relationship between you and UPSCIA or our affiliates.
9. PRIVACY NOTICE: USPCIA and its affiliates will need to collect and process personal data from time to time in connection with your election to participate in the Program, including with respect to the adjustment and payment of claims made under any Policy. For details about how UPSCIA and its affiliates process personal data, please see the UPS Capital Privacy Notice located at https://www.insureshield.com/us/en/legal/privacy-notice.html. By accepting these T&Cs, you warrant that (i) you have obtained any personal data provided to UPSCIA lawfully, (ii) you are authorized to provide such data to UPSCIA and its affiliates, and (iii) you have duly informed any of your customers whose personal data is provided to UPSCIA or its affiliates in connection Program that UPSCIA and its affiliates will process such data in accordance with the above-linked UPS Capital Privacy Notice in effect at the time of collection.
10. COMPLIANCE WITH TRANSPORTATION CARRIER TERMS AND CONDITIONS: Your compliance with the transportation carrier’s shipping terms and conditions in effect at time of shipment shall be a condition precedent for protection under the Program. In accepting the transportation carrier’s shipping terms and conditions and these T&Cs, you do so on behalf of yourself and all parties with any interest in the goods.
11. ELIGIBLE CONVEYANCES AND ROUTES: Protection under the Policies applies exclusively to U.S. origin shipments being shipped to Domestic U.S. and/or International destinations, provided that protection will be null and void whenever it (or any related payment or other transaction) would be in violation of any U.S. economic or trade sanctions.. Domestic U.S. shall include the continental U.S., Alaska, Hawaii and Puerto Rico. International destinations shall include countries outside of the previously defined Domestic U.S.
12. LIMITS, DEDUCTIBLES AND FEES: The Policies may provide for different limits, deductibles, and fees depending upon the commodity types being shipped. Note that motorized vehicles are only eligible for “Free of Particular Average” or “FPA” coverage, meaning that only the risk of total loss is covered in most instances for such commodity types and not the risk of partial loss or damage. If you are asked to indicate the type of commodity being shipped, when requesting protection for shipments containing multiple commodity types, choose the commodity representing the majority of items in the shipment, but each specific commodity type will remain subject to all the terms and restrictions applicable to that specific commodity type. Notwithstanding the foregoing, protection under the Program is limited in all events to $50,000 per package, subject to the following sub-limits:
(a) Domestic U.S. packages – $50,000 per package;
(b) International packages – $50,000 per package;
(c) International packages containing any jewelry – $500 per package;
(d) Packages shipped by a shipper via a UPS internet shipping account – $50,000 per package for regular pickup accounts or $5,000 for any other pickups;
(e) UPS Print Return Label Services – $999 per package;
(f) UPS Pickup Attempt Return Services and UPS Call Tag Service – $50,000 per package;
(g) Coverage for Eligible Consequential Losses (Group 3 and Group 4 Members only) – up to $500 per package;
(h) Aggregate limit – $1,000,000 per conveyance per each of the Policies (applicable to any single conveyance with multiple shipments of one or multiple Members).
13. SCOPE OF PROTECTION: The Program provides shipment protection for physical loss and/or damage to package contents in the course of transit, subject to Program conditions, limitations and exclusions. The Program provides no protection for delay in transit or for consequential or indirect losses, except the limited consequential coverage provided to Group 3 and Group 4 Members as summarized below. The scope of shipment protection under the Program is summarized as follows:
(a) Duration: Shipment protection under the Program commences upon UPS acquiring a physical scan of the package and continues in the course of transit until such time as delivery is made at the consigned destination or until 30 days after transit is terminated at any place, whichever is sooner. Delivery is made when a package is signed for at the consigned location or when the package is left at the consigned location without a signature, as determined by the carrier’s tracking information. Shipments signed for by any apparent representative (e.g., concierge, doorman, front desk clerk, residence occupant, security guard) at the delivery address shall be deemed delivered. Notwithstanding the foregoing, protection may be cancelled in the course of transit in the event that a Member, shipper, or consignee do not cooperate or are unresponsive to facilitate or accept delivery; in such event, it is the Member’s burden as loss payee to prove any covered loss occurred.
(b) Limited Consequential Coverage for Group 3 and Group 4 Members Only: In the event of loss or damage to a package that is covered under one of the Policies for Group 3 and Group 4 Members, consequential losses associated therewith shall be additionally covered subject to a maximum amount of $500.00 in covered consequential losses; however, eligible consequential losses are limited to costs of document reconstruction or re-issuance; reshipping fees; late penalty fees; or the face value of gift certificates and game / sporting event tickets.
(c) Valuation: The shipper must declare an Insured Value of the invoice price, or their selling price if not the same as the amount invoiced to the consigned recipient of the package. Group 3 and Group 4 Members seeking coverage for eligible consequential losses must add the coverage amount desired for consequential losses to the Insured Value declared. Any protection under the Policies will be limited in all events to the lowest of Insured Value declared, the correct valuation, or the actual covered losses incurred. Loss valuations are subject to substantiation, and no Policy is an agreed value policy.
(d) Excluded Commodities and Shipments: The following commodities are not eligible for coverage under the Program: coins; currency; postage stamps; negotiated instruments (except checks); money orders; unset precious stones; industrial diamonds; any article that contains more than 50% by weight gold or platinum or any combination thereof in raw form, including but not limited to bullion, bars, or scraps of these metals; human remains and/or body parts; the face value of checks, phone cards, gift certificates or gift cards (except as may be expressly covered for Group 3 Members); and any other restricted items or commodities pursuant to the UPS Tariff (the current version of which is available at https://www.ups.com/assets/resources/webcontent/en_US/terms_service_us.pdf). Any packages having a value greater than $50,000 and/or any packages shipped using Air Shipping Documents and/or other non-PLD compliant offerings are further not eligible for coverage under the Policies. Size and weight instructions also apply: packages are excluded from coverage under the Policies if exceeding 150 pounds, or if exceeding 108 inches in length, or if exceeding a total of 165 inches in length and girth [(2 * width) + (2 * height)] combined.
(e) Excluded Risks: Protection under the Program is subject to exclusions which include losses resulting from or attributable to:
14. Claim Reporting Limitation & Claim Process: You must immediately report to Channel Partner or UPSCIA, as applicable, in writing any loss or damage to a protected shipment of cargo. As a condition precedent for shipment protection under the Program, notification of claims must in all events be submitted in writing within the following timeframes: (i) in the event of a claim for concealed loss or damage, within ninety (90) days from the date of delivery; or (ii) for all other claims, within nine (9) months from the date of delivery. In the event of a claim for non-delivery, the time-for-claim shall run from the date that the cargo was scheduled to have been delivered or should have reasonably been delivered, whichever is first in time. Loss verification will be required. You should take photos of any damaged goods, packaging and/or containers. Damaged goods, packaging and/or containers should be retained for inspection at the discretion of UPSCIA and/or the Insurer. By submitting any claim under the Program, you agree to fully cooperate with Channel Partner, UPSCIA and/or the Insurer in providing all documentation and information pertinent to such claim, including an examination under oath if requested by the Insurer. At the direction of the named insured on the applicable Policy, we will remit proceeds of claims payable under the Policies directly to you as a loss payee pursuant to remittance instructions you provide. In all other cases, we will remit claim proceeds to Channel Partner, and Channel Partner will be solely responsible for ensuring that such proceeds are paid to you.
15. Notice of Full and Additional Terms: Under all circumstances, the terms and conditions set forth in the applicable Policy shall control and determine shipment protection. To the extent any terms and conditions stated herein conflict with those in any Policy, the Policy shall control and be binding as to issues of coverage under such Policy.
16. Damages and Warranties:
(a) Limitation of Direct Damages; Disclaimer of Indirect Damages: The cumulative aggregate liability of UPSCIA and its affiliates for all direct losses, claims, suits, controversies, breaches or damages for any cause whatsoever (Loss) and regardless of the form of action or legal theory shall be limited to the total insured value amount declared during the shipment booking process for the shipment at issue in the Loss, less (i) any amount(s) recovered or recoverable from any other party; (ii) any insurance proceeds that reduce the amount of the Loss payable under the applicable Policy or any other policy of insurance; and/or (iii) any amount(s) recovered or recoverable from any third party with respect to the Loss. Nothing in the foregoing shall limit End User’s rights to claims for shipment loss or damage properly payable under the Program. UPSCIA IS NOT LIABLE TO END USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER UPSCIA OR ANY PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Warranties: EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE T&Cs AND THE PROGRAM, UPSCIA MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE T&Cs AND THE PROGRAM, END USER EXPRESSLY DISCLAIMS, AND EXPRESSLY WAIVES, ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DESCRIPTIONS OR SPECIFICATIONS, WHETHER OR NOT INCORPORATED INTO THESE T&Cs AND THE PROGRAM, SHALL CONSTITUTE WARRANTIES OF ANY KIND.
17. EFFECTIVENESS; GOVERNING LAW: These T&Cs shall become effective when accepted (or deemed to have been accepted) by you and shall be governed by and construed in accordance with the internal laws of the State of Georgia, without regard to its conflict of laws principles.
18. JURY TRIAL AND CLASS ACTION WAIVER: End User and UPSCIA acknowledge that the right to trial by jury is a constitutional right but may be waived in certain circumstances. To the extent permitted by law, End User and UPSCIA knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to these T&Cs. In addition, End User waives its right to join a class of other End Users and/or consumers to bring a claim against UPSCIA, or to bring or be a class member in any class action or class arbitration proceeding. This jury trial and class action waiver will not affect or be interpreted as modifying in any fashion the Agreement to Arbitrate set forth in the following section, which contains its own jury trial and class action waiver. If a court or arbitrator determines that the Agreement to Arbitrate below is invalid or unenforceable, the jury trial and class action waiver will nonetheless continue to apply.
19. AGREEMENT TO ARBITRATE CLAIMS: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND REQUIRES YOU TO ARBITRATE (NOT LITIGATE) YOUR CLAIMS AGAINST US ON AN INDIVIDUAL (NON-CLASS) BASIS, AND WAIVES YOUR RIGHT TO A JURY TRIAL. End User and UPSCIA agree that, except for disputes that qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdictions over civil disputes), any controversy or claim between any person or entity, whether at law or equity, arising out of or related to any Policy and/or coverage of shipments thereunder, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court and is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor these T&Cs.
Any controversy or claim between any person or entity, whether at law or equity, arising out of or related to the Program, a Policy and/or coverage of shipments thereunder shall be resolved solely based on these T&Cs and the Program.
(a) Institutional Arbitration: The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (Rules), and judgment on the award may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate arbitration, are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If you initiate arbitration, you must serve the opposing parties or their registered agent for service of process.
Any arbitration under these T&Cs will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. End User and UPSCIA each waive their right to trial by jury. End User is further giving up the ability to participate in a class, mass, consolidated or combined action or arbitration.
(b) Place of Arbitration/Number of Arbitrators/Costs of Arbitration/Survival: Any arbitration will take place in the county where End User resides (or, notwithstanding Section 4 of these T&Cs, solely with respect to an End User that does not reside in the United States, Fulton County, Georgia) and will be determined by a single arbitrator. Any filing fee or administrative fee required of End User by the AAA Rules shall be paid by End User to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non-frivolous complaints, UPSCIA will pay the amount of such fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the American Arbitration Association. Reasonable attorney’s fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law.
All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision, issues relating to the interpretation or application of the provision guarantying access to state courts of limited jurisdiction for qualifying disputes, and issues relating to interpretation or application of the prohibition on participation in class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are all issues are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of the Policies and/or End User’s and UPSCIA’s agreement to be bound to these T&Cs.
The arbitration demand must plead with particularity facts that demonstrate the dispute does not qualify for state courts of limited jurisdiction (such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits of less than $30,000 on their jurisdictions over civil disputes). Where the dispute relates to a shipment, in order to commence arbitration, the arbitration demand must provide particularized information that identifies the shipment or shipments, such as by the date(s) of shipment and UPS tracking number(s).
(c) Severability: Notwithstanding anything to the contrary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this arbitration provision, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.
(d) Desk Arbitration: For all disputes concerning an amount less than fifteen thousand dollars ($15,000.00), End User and UPSCIA shall submit their arguments and evidence to the arbitrator in writing and the arbitrator shall make an award based only on the documents; no hearing will be held unless the arbitrator in his or her discretion, and upon request of a party, decides it is a necessity to require an in-person hearing. For a dispute governed by the AAA Consumer-Related Disputes Supplementary Procedures, and concerning an award between fifteen thousand dollars ($15,000.00) and fifty thousand dollars ($50,000.00), inclusive, UPSCIA shall pay End User’s filing fee under the AAA Rules, provided that End User agrees that both parties shall submit their arguments and evidence to the arbitrator in writing and that the arbitrator shall make an award based only on the documents, without a hearing being held. Notwithstanding this provision, the parties may agree to proceed with desk arbitration at any time.
(e) Access to Small Claims Courts: All parties shall retain the right to seek adjudication in a state court of limited jurisdiction, such as small claims, justice of the peace, magistrate court, and similar courts with monetary limits on their jurisdiction over civil disputes, for individual disputes within the scope of such court’s jurisdiction. If the claims asserted in any request or demand for arbitration could have been brought in such a court of limited jurisdiction, then either party may elect to require that the claims be heard in such court of limited jurisdiction, rather than in arbitration, by notifying the other party of that election in writing.
(f) Acknowledgements: End User and UPSCIA acknowledge and agree that pursuant to this Agreement to Arbitrate Claims:
a. END USER AND UPSCIA AGREE THAT EACH IS WAIVING THE RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST END USER, UPSCIA, OR ANY PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM AND/OR PROTECTION OF SHIPMENTS THEREUNDER;
b. END USER AND UPSCIA AGREE THAT EACH IS WAIVING THE RIGHT TO HAVE A COURT, OTHER THAN A STATE COURT OF LIMITED JURISDICTION AS DEFINED ABOVE, RESOLVE ANY DISPUTE ALLEGED AGAINST END USER, UPSCIA, OR ANY PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM AND/OR PROTECTION OF SHIPMENTS THEREUNDER;
c. END USER AND UPSCIA AGREE THAT EACH IS WAIVING THE RIGHT TO HAVE A COURT REVIEW ANY DECISION OR AWARD OF AN ARBITRATOR, WHETHER INTERIM OR FINAL, EXCEPT FOR APPEALS BASED ON THOSE GROUNDS FOR VACATUR EXPRESSLY SET FORTH IN SECTION 10 OF THE FEDERAL ARBITRATION ACT; AND
d. END USER AND UPSCIA AGREE THAT EACH IS WAIVING THE RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, JOIN AS A CLASS MEMBER, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF END USERS IN ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTION OR ARBITRATION FILED AGAINST END USER, UPSCIA, OR ANY PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM AND/OR PROTECTION OF SHIPMENTS THEREUNDER.
(g) Award: The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless a brief explanation of the reasons is requested by one of the parties. Unless both End User and UPSCIA agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
(h) Confidentiality of Arbitration: Notwithstanding anything to the contrary in the AAA Rules, End User and UPSCIA agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other person or entity, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the American Arbitration Association from reporting certain consumer arbitration case information as required by state law.
20. CONTACT US: If you have questions or want more information about the Program, the Policies, shipment protection, pricing, the claims process and documents or any issues discussed in these T&Cs, email UPSCIA at firstname.lastname@example.org.