Terms & Conditions

I. USER GUIDELINES

You agree to adhere to the following guidelines when using this Website:

• You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
• You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
• You may not publish, post, advertise, distribute, disseminate, or upload any information that violates the legal rights of any other person or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or the Privacy Policy.
• You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
• You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
• You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
• You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
• You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not provide Personal information, as that term is defined in the Privacy Policy, of another person without his or her express permission.
• You may not provide Personal information, as that term is defined in the Privacy Policy, of individuals under the age of 13.
• You may not access or attempt to access Access USA C2C, LLC’s (“Boundr”) information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
• You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
• You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
• You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• You may not use any device, software, or routine that interferes with the proper working of the Website.
• You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Please do not post any Personal information, as that term is defined in the Privacy Policy, on publicly accessible areas of the Website. If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to Access USA C2C, LLC (“Boundr”) a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.

II. TERMS OF SERVICE

• Through https://www.boundr.com, Access USA C2C, LLC (“Boundr”) will facilitate the purchase of delivery services and products by the User from carriers. Access USA C2C, LLC (“Boundr”) does not sell or provide the services or products the User purchases from carriers. While payment for the purchase of delivery services and products may be processed through https://www.boundr.com, the contract for the purchase of those services and products is between the User and the carrier selected by the User.
• The User is responsible for complying with all terms and conditions of the contract with the carrier.
• Based on information the User provides about the shipment and its contents, Access USA C2C, LLC (“Boundr”) will suggest the Harmonized Tariff Schedule (“HTS”) number(s) and Export Control Classification Number(s) (“ECCN”) applicable to the shipment. The User is responsible for providing Access USA C2C, LLC (“Boundr”) all information and documentation necessary for the exportation of the shipment and for Access USA C2C, LLC (“Boundr”) to determine the applicable HTS and ECCN.
• The User acknowledges and understands that it is the title holder or reseller of the merchandise to be exported, and thus is the United States Principal Party in Interest (“USPPI”) as defined by the United States Foreign Trade Regulations. The User agrees to provide to Access USA C2C, LLC (“Boundr”) all information that may be required from the User as the USPPI for export purposes, which information will be provided to and used the carrier selected by User.
• The User is responsible for compliance with all import and export controls requirements. The User is responsible for obtaining any and all licenses, permits, and rulings required for the importation and exportation of the shipment and ensuring that the recipient of the shipment is not restricted from receiving the shipment. The User will provide to Access USA C2C, LLC (“Boundr”) any and all licenses, permits, and rulings necessary for the importation and exportation of the shipment.
• Access USA C2C, LLC (“Boundr”) will not directly or indirectly, participate in any way in any transaction involving any commodities, technology, or software exported or to be exported from the United States that are subject to the ITAR or that would require an export license under the EAR, except in instances where the Item subject to the EAR is eligible for an export license exception that has been provided to and approved for use by Access USA C2C, LLC (“Boundr”). Access USA C2C, LLC (“Boundr”) does not process information related to the use of exemptions under the ITAR, and User shall not use the services of Access USA C2C, LLC (“Boundr”) for items governed by ITAR.
• Access USA C2C, LLC (“Boundr”) will act as the User’s agent for the actions described in Section IV of this Agreement, and User understands that Access USA C2C, LLC (“Boundr”) also will be acting to prepare information for use of the carrier and will be marking up shipping rates/tariffs charged by carrier in exchange for the services offered by Access USA C2C, LLC (“Boundr”).
• The User certifies that all information it provides to Access USA C2C, LLC (“Boundr”) regarding the exportation of the shipment and the contents of the shipment are true, accurate, and complete. The User must immediately notify Access USA C2C, LLC (“Boundr”) and the carrier it has selected of any incorrect or incomplete information provided to Access USA C2C, LLC (“Boundr”), including information filed with, or otherwise transmitted (whether in writing or electronically) to, a U.S. or other governmental agency.
• The User authorizes Access USA C2C, LLC (“Boundr”) to charge their payment method for all services rendered by Access USA C2C, LLC (“Boundr”) or the carrier selected by the User and/or for account activity with Access USA C2C, LLC (“Boundr”). Such charges may include but are not limited to late charges, fees for Access USA C2C, LLC (“Boundr”) services, carrier fees, and any optional services. Failure to provide payment for services may result in late charges, suspension of services, and cancellation of service.
• If a User’s payment method is by credit card, and if such User has an outstanding invoice or invoices, the User authorizes Access USA C2C, LLC (“Boundr”) to charge their credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a User has an outstanding invoice or invoices of $3,000 in the aggregate, the Access USA C2C, LLC (“Boundr”) may either charge the User's credit card (i) one time for $3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals $3,000.
• Boundr Protect costs for merchandise shipments are based on the insured value. Each $100 of insured value costs $2.99, with a maximum merchandise coverage value of $500. Any merchandise outlined in the "Prohibited Items" section of our website is not covered by Boundr Protect. The insured value is subject to the terms and conditions of the particular carrier’s airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value.
• Boundr Protect covers the shipment while it is in transit with the carrier. Coverage ends when the shipment has been delivered. Claims for lost or stolen merchandise must be filed with Access USA C2C, LLC (“Boundr”) within 10 days from Access USA C2C, LLC (“Boundr”) receiving confirmation from the carrier that the shipment was lost or stolen while in transit. Access USA C2C, LLC (“Boundr”) is not responsible for the delivery, transportation, safekeeping, packaging, or any other service related to the physical transportation of the User’s shipment and is not liable for any lost or stolen merchandise unless the customer has selected the Boundr Protect option. Claims are considered filed when a fully completed claim form, and supporting documentation, including receipt(s) and photograph(s), are received by Access USA C2C, LLC (“Boundr”). Claims are reviewed individually and the review process will take 2 to 5 days. Any liability for loss caused during the delivery by the carrier is limited to the lesser of either the declared value, proof of purchase price, or the $500 liability limit. Failure to file a completed claim within the stated time limit will invalidate the claim. Access USA C2C, LLC (“Boundr”) will not be liable for the loss of Prohibited Items. Under no circumstances will Access USA C2C, LLC (“Boundr”) be liable for damage that may be incurred during transit.
• Either party may cancel the Agreement with written notice (via email, fax, letter, or, to the extent provided by the Access USA C2C, LLC (“Boundr”) website, online).
• If a User’s account charges become delinquent for more than thirty (30) days, Access USA C2C, LLC (“Boundr”) may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement, all rights and remedies under the Uniform Commercial Code or any other applicable law.
• If a User’s account charges become delinquent for more than 30 days, Access USA C2C, LLC (“Boundr”) may, at its sole discretion, cancel the service.

III. COMPLIANCE WITH LAWS

A. Compliance With Export and Import Laws

The User is responsible for and warrants their compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the User's shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country.

The User represents and warrants that all its activities will be conducted in compliance with all laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the User resides, operates, or will receive or send shipments, including but not limited to the following laws and regulations of the United States governing imports, export controls, sanctions, and boycotts: (i) all U.S. import and export Laws, including those Laws under the authority of the U.S. Department of Commerce (Bureau of Industry and Security (“BIS”) and International Trade Administration (“ITA”)) codified at 15 C.F.R. Parts 30-199, 300-499, 700-799, and 800-899, the U.S. Department of Homeland Security (Customs and Border Protection (“CBP”) and Immigration and Customs Enforcement (“ICE”)) codified at 19 C.F.R. Parts 1-199, the U.S. Department of State (Directorate of Defense Trade Controls (“DDTC”)) codified at 22 C.F.R. Parts 103, 120-130, and the U.S. International Trade Commission (“USITC”) codified at 19 C.F.R. Parts 300-399; (ii) sanctions programs administered by the U.S. Department of Treasury (Office of Foreign Assets Control (“OFAC”), including the International Emergency Economic Powers Act, the Trading with the Enemies Act, and programs implemented by Executive Order or statute or codified at 31 C.F.R. Parts 500-599), and the U.S. Department of State (Office of Sanctions Policy and Implementation (“SPI”)); and (iii) antiboycott Laws administered by the U.S. Department of Commerce (Office of Antiboycott Compliance (“OAC”)) codified at 15 C.F.R. Part 760, and the U.S. Department of the Treasury (Internal Revenue Service (“IRS”)) codified at 26 U.S.C. § 999.

As a condition of service with Access USA C2C, LLC (“Boundr”), you agree to be bound by all terms and conditions of Access USA C2C, LLC (“Boundr”). The most recent version of the Access USA C2C, LLC (“Boundr”) Terms & Conditions are available at https://www.boundr.com. The Access USA C2C, LLC’s (“Boundr”) Terms & Conditions are subject to change at any time.

The User shall not use, transfer, re-export, resell, or otherwise dispose of any items exported using the services of Access USA C2C, LLC (“Boundr”) to any destination prohibited by the laws of the United States, including but not limited to Cuba, Iran, Myanmar, North Korea, Syria, Sudan, Libya, Yemen, or Ukraine: Crimea Region.

At no time shall the User use the services of Access USA C2C, LLC (“Boundr”) to provide merchandise or mail to any person identified on any list of restricted parties maintained by the United States or the United Nations. Lists of restricted parties include, but are not limited to, the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List, the U.S. State Department’s Debarred Parties List or list of parties subject to nonproliferation sanctions, the U.S. Commerce Department’s Entity List, Denied Parties List, or Unverified List, or the United Nations Security Council Consolidated List. The Consolidated Screening List for U.S. Government restricted parties is available at http://export.gov/ecr/eg_main_023148.asp. The United Nations Security Council Consolidated List is available at https://www.un.org/securitycouncil/content/un-sc-consolidated-list.

The User recognizes that commodities, technology, and software (“Items”) exported using the services of Access USA C2C, LLC (“Boundr”) from the United States are subject to the EAR, which provide that Items are subject to the EAR if they are:

• Located in the United States;
• U.S. origin, wherever located in the world; or
• Certain foreign-origin Items that incorporate U.S.-origin items or are direct products of U.S.-origin items.

Thus, the Items exported from the United States using the services of Access USA C2C, LLC (“Boundr”) are subject to the EAR and any applicable export controls under the EAR.

The User understands and agrees that any software and/or technology residing on used computer equipment or other electronic storage device is the sole responsibility of the User. The User is responsible for and warrants their compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations administered by the U.S. Department of Treasury, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or technology to any country to, from, through, or over which the User’s shipment may be carried. User also understands that Access USA C2C, LLC (“Boundr”) is not responsible for the loss of any software and/or technology.
The User understands and agrees that it is responsible for complying with all import obligations or license requirements of the destination country.

B. Prohibited and Restricted Items

The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:

• Combustible/flammable items (paints, oils, lighters, perfume, nail polish).
• Any type of pressurized can (hair spray, shaving cream, spray cans of any type).
• Hazardous materials (matches, chemicals, explosives).
• Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.
• Agricultural products such as tobacco, plants and seeds (restricted to some destinations).
• Coffee (restricted to some destinations).
• Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.).
• Animals and products made with animal skin (furs).
• Alcohol.
• Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and User assumes all risk of loss above such limit.
• Lottery tickets and gambling devices.
• Prescription and/or veterinary medication.
• Pornography.
• Lock picking devices.
• Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.

C. Prohibited and Restricted End Users and Destinations

Access USA C2C, LLC (“Boundr”) will not provide services for shipments to any of the following countries/regions:

• Cuba
• Iran
• Myanmar
• North Korea
• Sudan
• Syria
• Libya
• Yemen
• Ukraine: Crimea Region
• So-called Donetsk People’s Republic (DNR) or Luhansk People’s Republic (LNR) regions of Ukraine

Access USA C2C, LLC (“Boundr”) will not provide service to or for the benefit of any person identified on any list of restricted parties maintained by the United States or the United Nations. Lists of restricted parties include, but are not limited to, the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List, the U.S. State Department’s Debarred Parties List or list of parties subject to nonproliferation sanctions, the U.S. Commerce Department’s Entity List, Denied Parties List, or Unverified List, or the United Nations Security Council Consolidated List.

D. Compliance with the Foreign Trade Regulations

Access USA C2C, LLC (“Boundr”) takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (“FTR”), relying on the information provided by the User.

The User agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations. The User agrees to provide to Access USA C2C, LLC (“Boundr”) all required information for export purposes as the USPPI.

The User is responsible for providing Access USA C2C, LLC (“Boundr”) with the true and accurate price that the User paid for the merchandise, if the User purchased it. In all circumstances, the User represents and certifies that any value provided to Access USA C2C, LLC (“Boundr”) is true and accurate. The Access USA C2C, LLC (“Boundr”) Compliance Department reserves the right periodically to review reported values and may request additional documentation to support the values entered by the User. The User is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation.

E. Fraud Prevention

Access USA C2C, LLC (“Boundr”) uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, Access USA C2C, LLC (“Boundr”) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact Access USA C2C, LLC (“Boundr”) immediately, and Access USA C2C, LLC (“Boundr”) will cancel such account.

You may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. You represent, warrant, and covenant that all information you provide to Access USA C2C, LLC (“Boundr”) is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information.

IV. APPOINTMENT OF Access USA C2C, LLC (“Boundr”) AS USER'S AGENT

As a User, you grant Access USA C2C, LLC (“Boundr”) a written authorization to act on your behalf as your true and lawful agent for the following specific purposes of preparing any or all of the following data and documentation for use by the carrier selected by User:

• shipping documents;
• Airway bill or any other document required to export merchandise; Documents and agreements required by the User’s chosen carrier; and

User also grants authority for Access USA C2C, LLC (“Boundr”) to entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements.

If an EEI is required for goods originating within the United States, the User agrees they will file the required export information or engage the carrier to file the required export information on the User’s behalf. If the User fails to provide all of the information needed to accurately file an EEI, Access USA C2C, LLC (“Boundr”) will decline to provide its services. Access USA C2C, LLC (“Boundr”) reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct).

The User acknowledges that they have a duty to – and is solely liable for – accurately providing all information required by United States laws and regulations, including information required by 15 CFR Part 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against the User by the U.S. government for making false or fraudulent statements with respect to this information.

Access USA C2C, LLC (“Boundr”) assumes no responsibility to act as a record-keeper or record-keeping agent for either the User.

V. INDEMNIFICATION

The User agrees that they will remain liable for and indemnify, defend, and hold harmless Access USA C2C, LLC (“Boundr”) and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys’ charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:

• Any negligent action or omission of User or any of the User's employees, contractors, agents or any other person acting under User's supervision or control prior to, as of, or following the date hereof;
• Any inaccuracy or breach of any representation or warranty made by User in this Agreement or any other document or instrument executed or delivered by User in connection with this Agreement;
• Any breach or non-performance of any covenant or agreement made by Access USA C2C, LLC (“Boundr”) in this Agreement or any other document or instrument made by User in connection with this Agreement;
• Access USA C2C, LLC’s (“Boundr”) preparation, determination or execution of documents necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Access USA C2C, LLC (“Boundr”);
• The User providing to Access USA C2C, LLC (“Boundr”) any incomplete or false information; and
• The User's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
• The User acknowledges that the foregoing provisions are a material inducement for Access USA C2C, LLC (“Boundr”) to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.

VI. SEVERABILITY

Any use in contravention of this provision or any provision of this Agreement is at the User’s own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

VII. NO LEGAL RELATIONSHIP

The User agrees that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between the User and Access USA C2C, LLC (“Boundr”) as a result of this Agreement or the User’s use of this Website.

VIII. CONFLICT OF LAWS

This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Florida. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.

IX. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the User and Access USA C2C, LLC (“Boundr”) with respect to this Website and Access USA C2C, LLC’s (“Boundr”) services. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Access USA C2C, LLC (“Boundr”) with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.