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+1 (818) 600-0008AEEM Shipping maintains clear operational policies and service terms to ensure fairness, transparency, and accountability in every transaction.
AEEM Inc. DBA AEEM Shipping®
Last Updated: July 28, 2026
These Terms of Service (these "Terms") constitute a legally binding agreement by and between AEEM Inc. DBA AEEM Shipping®, a California corporation, together with its subsidiaries, affiliates, agents, and representatives (collectively, the "Company"), and each person or entity accessing the website located at https://aeemshipping.com/ (the "Site") and/or for whom the Company renders services (the "Customer" or "you"). These Terms govern (i) your access to and use of the Site, including any content, functionality, portals, and applications offered on or through the Site, and (ii) all logistics, transportation, freight brokerage, forwarding, customs brokerage, and related services rendered by the Company (collectively, the "Services").
BY ACCESSING OR USING THE SITE, OR BY TENDERING ANY SHIPMENT OR TRANSACTION TO THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU POSSESS THE LEGAL AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE TO EACH AND EVERY PROVISION HEREOF, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCESS THE SITE.
PLEASE BE ADVISED: SECTION 19 OF THESE TERMS CONTAINS A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH REQUIRE, WITH LIMITED EXCEPTIONS, THAT DISPUTES BETWEEN YOU AND THE COMPANY BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND WHICH LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In the event the Company renders Services and issues a bill of lading, tariff, rate confirmation, or other document containing terms and conditions governing such Services, the terms and conditions set forth in such other document(s) shall govern those Services to the extent of any conflict herewith.
As used in these Terms:
(a) "Company" shall mean AEEM Inc. DBA AEEM Shipping®, its subsidiaries, related companies, officers, directors, employees, agents, and/or representatives;
(b) "Customer" shall mean the person or entity for which the Company is rendering Services, as well as its principals, agents, and/or representatives, including, without limitation, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk agents, and consignees. It is the sole and non-delegable responsibility of the Customer to provide notice and copy(s) of these Terms to all such agents and representatives;
(c) "Documentation" shall mean any and all information received directly or indirectly from the Customer, whether in paper or electronic form;
(d) "Ocean Transportation Intermediary" ("OTI") shall include an "ocean freight forwarder" and a "non-vessel-operating common carrier" ("NVOCC"), as those terms are defined under the Shipping Act of 1984, as amended;
(e) "Third Parties" shall include, without limitation, carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen, and any other persons or entities to which goods are entrusted for transportation, cartage, handling, delivery, storage, or otherwise;
(f) "User Content" shall mean any content, information, or materials submitted, uploaded, or transmitted by any user of the Site.
The word "including" shall in all instances mean "including, without limitation."
2.1 License. Subject to your strict compliance with these Terms, the Company hereby grants you a non-transferable, non-exclusive, non-sublicensable, revocable, and limited license to access and use the Site solely for your own internal business or personal, noncommercial use.
2.2 Restrictions. The rights granted to you herein are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or any portion thereof; (b) you shall not modify, translate, adapt, create derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site for the purpose of building, or assisting any third party in building, a similar or competitive website, product, or service; (d) you shall not use any robot, spider, scraper, crawler, or other automated means to access, harvest, or extract data from the Site; and (e) except as expressly permitted herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices appearing on the Site must be retained on all copies thereof.
2.3 Modification and Availability. The Company reserves the right, in its sole and absolute discretion, to change, modify, suspend, or discontinue the Site, in whole or in part, at any time, with or without notice. You agree that the Company shall not be liable to you or to any third party for any such change, modification, suspension, interruption, discontinuance, or termination of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that the Company shall have no obligation whatsoever to provide you with any support or maintenance in connection with the Site.
2.5 Termination of Access. The Company may suspend or terminate your right to access and use the Site at any time, for any reason or no reason, in its sole discretion, including for any use of the Site in violation of these Terms. Upon termination, your account and right to access the Site shall cease immediately, and the Company may delete any User Content associated with your account from its live databases without liability of any kind.
Excluding User Content, all intellectual property rights, including copyrights, patents, trademarks, service marks, trade dress, and trade secrets, in and to the Site and its content are and shall remain the sole and exclusive property of the Company or the Company's licensors and suppliers. Neither these Terms nor your access to the Site conveys or transfers to you any right, title, or interest in or to any intellectual property rights, except for the limited license expressly set forth in Section 2.1. The Company and its suppliers expressly reserve all rights not expressly granted herein. AEEM Shipping® and all associated trademarks, logos, and service marks displayed on the Site are the property of the Company or of third parties, and you are strictly prohibited from using any such marks absent the prior written consent of the Company or the applicable third-party owner.
The Company acts as the agent of the Customer for the purpose of performing duties in connection with the entry and release of goods, post-entry services, the securing of export licenses, the filing of export and security documentation on behalf of the Customer, and other dealings with governmental agencies, and for arranging transportation services or other logistics services in any capacity other than as a carrier. Nothing herein shall be construed to create a partnership, joint venture, fiduciary, or employment relationship between the Company and the Customer.
Quotations as to fees, rates of duty, freight charges, insurance premiums, or other charges given by the Company to the Customer are furnished for informational purposes only and are subject to change without notice. No quotation shall be binding upon the Company unless and until the Company agrees in writing to undertake the handling or transportation of the shipment at a specific rate or amount set forth in such quotation, and payment arrangements are mutually agreed upon between the Company and the Customer.
(a) The Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with U.S. Customs and Border Protection ("CBP"), any other governmental agency, and/or Third Parties, and shall immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on the Customer's behalf.
(b) In preparing and submitting customs entries, export declarations, applications, security filings, documentation, and/or other required data, the Company relies upon the correctness and completeness of all Documentation and all information furnished by the Customer. The Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify, defend, and hold the Company harmless from and against any and all claims asserted and/or liabilities or losses suffered by reason of the Customer's failure to disclose information, or by reason of any incorrect, incomplete, or false statement made by the Customer or its agent, representative, or contractor upon which the Company reasonably relied. The Customer acknowledges and agrees that it bears an affirmative, non-delegable duty to disclose any and all information required to import, export, or enter the goods.
(c) The Customer acknowledges that it is required to provide verified gross mass weights, obtained on calibrated and certified equipment, for all cargo tendered to steamship lines, and represents and warrants that the Company is entitled to rely upon the accuracy of such weights and to counter-sign or endorse the same as agent of the Customer in order to furnish the certified weight to the steamship lines. The Customer shall indemnify, defend, and hold the Company harmless from and against any and all claims, losses, penalties, fines, or other costs resulting from any incorrect or questionable statements of weight provided by the Customer or its agent or contractor upon which the Company relies.
Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, the Company shall use reasonable care in its selection of Third Parties, and in selecting the means, route, and procedure to be followed in the handling, transportation, clearance, and delivery of the shipment. Advice by the Company that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that the Company warrants or represents that such person or firm will render such services, nor does the Company assume any responsibility or liability for any action(s) and/or inaction(s) of such Third Parties and/or their agents. The Company shall not be liable for any delay or loss of any kind occurring while a shipment is in the custody or control of a Third Party or the agent of a Third Party. All claims arising in connection with the act or omission of a Third Party shall be brought solely and exclusively against such Third Party and/or its agents. In connection with any such claim, the Company shall reasonably cooperate with the Customer, and the Customer shall be liable for any charges or costs incurred by the Company in furnishing such cooperation.
Third Parties to whom goods are entrusted may limit their liability for loss or damage. The Company will request excess valuation coverage only upon specific written instructions from the Customer, who must agree to pay all charges therefor. In the absence of such written instructions, or upon the refusal of the Third Party to agree to a higher declared value, the goods may, at the Company's sole discretion, be tendered to the Third Party subject to the Third Party's limitations of liability and/or terms and conditions of service.
Unless requested to do so in writing and confirmed to the Customer in writing, the Company is under no obligation whatsoever to procure insurance on the Customer's behalf. In all cases, the Customer shall pay all premiums and costs incurred in connection with procuring requested insurance.
(a) Services. Except as specifically set forth herein, the Company makes no express or implied warranties of any kind in connection with its Services.
(b) Site. THE SITE IS PROVIDED ON AN "AS-IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ITS SUPPLIERS MAKES ANY GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
(c) Some jurisdictions do not allow the exclusion of implied warranties, or limitations on the duration of implied warranties, so one or more of the foregoing exclusions or limitations may not apply to you.
(a) Additional Coverage Available. In connection with all Services performed by the Company, the Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage in writing and agreeing to make payment therefor, which request must be confirmed in writing by the Company prior to the rendering of Services for the covered transaction(s).
(b) Liability Cap — Services. In the absence of additional coverage under subsection (a) above, the Company's liability shall be strictly limited to the following: (i) where the claim arises from activities other than those relating to "customs business," fifty U.S. dollars (US $50.00) per shipment or transaction; or (ii) where the claim arises from activities relating to "customs business," fifty U.S. dollars (US $50.00) per entry or the amount of brokerage fees paid to the Company for the entry, whichever is less.
(c) Liability Cap — Site. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS (US $50.00). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
(d) Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE, LOSS OF BUSINESS OR GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, STATUTORY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE COMPANY BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES. ACCESS TO AND USE OF THE SITE IS UNDERTAKEN AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, RESULTING THEREFROM.
(e) You agree that the Company's suppliers shall have no liability of any kind arising from or relating to these Terms. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Customer agrees to indemnify, defend, and hold the Company harmless from and against any and all claims, liabilities, fines, penalties, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to (i) the importation or exportation of the Customer's merchandise; (ii) any conduct, act, or omission of the Customer, including the inaccuracy of any entry, export, or security data supplied by the Customer or its agent or representative, which violates any federal, state, and/or other law or regulation; (iii) the Customer's User Content; and/or (iv) the Customer's breach of these Terms. The foregoing indemnity shall extend to any and all liability, loss, damages, costs, claims, penalties, fines, and/or expenses, including reasonable attorneys' fees, which the Company may hereafter incur, suffer, or be required to pay by reason of any such claims. In the event any claim, suit, or proceeding is brought against the Company, the Company shall give notice in writing to the Customer by mail at the Customer's address on file with the Company.
(a) Advance Payment. All charges must be paid by the Customer in advance unless the Company agrees in writing to extend credit to the Customer. The granting of credit to the Customer in connection with a particular transaction shall not be deemed a waiver of this provision by the Company.
(b) C.O.D. and Cash Collect Shipments. The Company shall use reasonable care with respect to written instructions relating to "Cash/Collect on Delivery (C.O.D.)" shipments, bank drafts, cashier's and/or certified checks, letters of credit, and other similar payment documents and/or instructions regarding the collection of monies, but shall bear no liability whatsoever if the bank or consignee refuses to pay for the shipment.
(c) Costs of Collection. In any dispute involving monies owed to the Company, the Company shall be entitled to recover all costs of collection, including reasonable attorneys' fees and interest at the rate of ten percent (10%) per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to in writing by the Company.
(a) The Company shall have a general and continuing lien on any and all property of the Customer coming into the Company's actual or constructive possession or control, for monies owed to the Company with regard to the shipment on which the lien is claimed, any prior shipment(s), and/or both. The Company's lien shall survive discharge and delivery of the goods.
(b) The Company shall provide written notice to the Customer of its intent to exercise such lien, setting forth the exact amount of monies due and owing, together with any ongoing storage or other charges. The Customer shall notify all parties having an interest in its shipment(s) of the Company's rights and/or the exercise of such lien.
(c) Unless, within thirty (30) days of receiving notice of lien, the Customer posts cash or a letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to one hundred ten percent (110%) of the total amount due, in favor of the Company, guaranteeing payment of the monies owed plus all storage charges accrued or to be accrued, the Company shall have the right to sell such shipment(s) at public or private sale or auction, and any net proceeds remaining thereafter shall be refunded to the Customer.
(a) No Duty to Maintain Records. The Customer acknowledges that, pursuant to Sections 508 and 509 of the Tariff Act, as amended (19 U.S.C. §§ 1508 and 1509), it bears the duty of, and is solely liable for, maintaining all records required under the customs and/or other laws and regulations of the United States. Unless otherwise agreed in writing, the Company shall keep only such records as it is required to maintain by statute and/or regulation, and shall not act as a "recordkeeper" or "recordkeeping agent" for the Customer.
(b) Binding Rulings, Protests, Etc. Unless requested by the Customer in writing and agreed to by the Company in writing, the Company shall be under no obligation to undertake any pre- or post-customs-release action, including obtaining binding rulings, advising of liquidations, or filing of petitions and/or protests.
(c) Preparation and Issuance of Bills of Lading. Where the Company prepares and/or issues a bill of lading, the Company shall be under no obligation to specify thereon the number of pieces, packages, and/or cartons, unless specifically requested to do so in writing by the Customer or its agent and the Customer agrees to pay for the same. The Company shall rely upon and use the cargo weight supplied by the Customer.
(a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss must be made in writing and received by the Company within ninety (90) days of the event giving rise to the claim. The failure to give the Company timely notice shall constitute a complete and absolute defense to any suit or action commenced by the Customer.
(b) All suits against the Company must be filed and properly served upon the Company as follows: (i) for claims arising out of ocean transportation, within one (1) year from the date of the loss; (ii) for claims arising out of air transportation, within two (2) years from the date of the loss; (iii) for claims arising out of the preparation and/or submission of an import entry(s), within seventy-five (75) days from the date of liquidation of the entry(s); and (iv) for any and all other claims of any other type, within two (2) years from the date of the loss or damage.
The Company shall not be liable for losses, damages, delays, wrongful or missed deliveries, or nonperformance, in whole or in part, of its responsibilities under these Terms, resulting from circumstances beyond the control of the Company or its subcontractors, including: (i) acts of God, including flood, earthquake, storm, hurricane, power failure, pandemic, epidemic, or other natural disaster; (ii) war, hijacking, robbery, theft, or terrorist activities; (iii) incidents or deterioration of means of transportation; (iv) embargoes; (v) civil commotions or riots; (vi) defects, nature, or inherent vice of the goods; (vii) acts, breaches of contract, or omissions by the Customer, shipper, consignee, or anyone else having an interest in the shipment; (viii) acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or (ix) strikes, lockouts, or other labor conflicts.
(a) Third-Party Links & Ads. The Site may contain links to third-party websites and services and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to Third-Party Links & Ads solely as a convenience, and does not review, approve, monitor, endorse, warrant, or make any representation with respect thereto. You use all Third-Party Links & Ads at your own risk and should exercise a suitable level of caution and discretion in doing so. When you access any Third-Party Link & Ad, the applicable third party's terms and policies apply, including such third party's privacy and data-gathering practices.
(b) Other Users; User Content. Each user of the Site is solely responsible for its own User Content. Because the Company does not control User Content, you acknowledge and agree that the Company is not responsible for any User Content, whether provided by you or by others, and the Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. The Company shall not be responsible for any loss or damage incurred as a result of any interaction between you and any other Site user. In the event of a dispute between you and any Site user, the Company shall be under no obligation to become involved.
(c) Feedback. If you submit feedback or suggestions regarding the Site or the Services, you hereby grant the Company a perpetual, irrevocable, royalty-free right to use such feedback or suggestions for any purpose without obligation or compensation to you.
Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
19.1 Applicability of Arbitration Agreement. All claims and disputes arising out of or in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and to the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as to all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
19.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, such party must first send to the other party a written Notice of Dispute (a "Notice") describing the nature and basis of the claim or dispute and the relief requested. A Notice to the Company shall be sent to: AEEM Inc. DBA AEEM Shipping®, 300 N 3rd St, Suite 220, Burbank, CA 91502. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. The amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
19.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider offering arbitration as set forth in this Section. If the AAA is not available to arbitrate, the parties shall agree to select an alternative ADR provider. The rules of the ADR provider shall govern all aspects of the arbitration, except to the extent such rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing shall be determined by the arbitration rules. Any hearing shall be held at a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties otherwise agree. If you reside outside of the United States, the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR provider.
19.4 Additional Rules for Non-Appearance-Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely upon written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
19.5 Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the applicable statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
19.6 Authority of the Arbitrator. If arbitration is initiated, the arbitrator shall decide the rights and liabilities, if any, of you and the Company, and the dispute shall not be consolidated with any other matter or joined with any other case or party. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions upon which the award is based. The arbitrator has the same authority to award relief on an individual basis as a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
19.7 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
19.8 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
19.9 Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
19.10 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Arbitration Agreement shall continue in full force and effect.
19.11 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
19.12 Survival. This Arbitration Agreement shall survive the termination of your relationship with the Company.
19.13 Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
19.14 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
19.15 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
19.16 Courts. In any circumstance in which the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state and federal courts located within Los Angeles County, California, for such purposes.
These Terms and the relationship of the parties shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to and without limiting Section 19, the Customer and the Company: (a) irrevocably consent to the exclusive jurisdiction of the United States District Court for the Central District of California and the state courts of California situated in Los Angeles County; (b) agree that any action relating to the Services performed by the Company shall be brought only in said courts; (c) consent to the exercise of in personam jurisdiction by said courts over them; and (d) further agree that any action to enforce a judgment may be instituted in any jurisdiction of competent authority.
The Company respects the intellectual property of others and requires that users of the Site do the same. In connection with the Site, the Company has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of the Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that a user of the Site is unlawfully infringing the copyright(s) in a work through use of the Site, and you wish to have the allegedly infringing material removed, the following information, in the form of a written notification pursuant to 17 U.S.C. § 512(c), must be provided to the Company's designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any material misrepresentation of fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by the Company in connection with the written notification and allegation of copyright infringement.
The Site and the Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of the export laws or regulations of the United States.
Communications between you and the Company utilize electronic means, whether you use the Site or send the Company e-mails, or whether the Company posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from the Company in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
The Company's Privacy Policy explains how the Company collects, uses, and protects your personal information when you use the Site. By using the Site, you agree that the Company may collect, use, and share data from you as described in the Privacy Policy. The Company is not responsible for any information or User Content that you share with others via your use of the Site. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Site.
These Terms are subject to revision from time to time. If the Company makes any substantial changes, the Company may notify you by sending an e-mail to the last e-mail address you provided to the Company and/or by prominently posting notice of the changes on the Site. You are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you have provided is not valid, the Company's dispatch of the e-mail containing such notice shall nonetheless constitute effective notice of the changes described therein. Any changes to these Terms shall become effective upon the earlier of thirty (30) calendar days following the Company's dispatch of an e-mail notice to you or thirty (30) calendar days following the Company's posting of notice of the changes on the Site; provided, however, that such changes shall be effective immediately for new users of the Site. Continued use of the Site following notice of such changes shall constitute your acknowledgment of, and agreement to be bound by, such changes. The terms and conditions of Services may be modified, altered, or amended only in a writing signed by both the Customer and the Company; any attempt to unilaterally modify, alter, or amend the same shall be null and void.
26.1 Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding the use of the Site and, together with any written rate confirmations, bills of lading, tariffs, or service-specific agreements, the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter hereof.
26.2 Waiver. The Company's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The Company's decision to waive any provision herein, whether by conduct or otherwise, shall not be deemed a further or continuing waiver of such provision or of any other provision.
26.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall be unimpaired and shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
26.4 Relationship of the Parties. Your relationship to the Company is that of an independent contractor, and neither party is an agent, partner, joint venturer, or employee of the other, except as expressly set forth in Section 4 with respect to the Company's limited agency for customs and related governmental filings.
26.5 Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing shall be null and void. The Company may freely assign these Terms. The terms and conditions set forth herein shall be binding upon permitted assignees.
26.6 Headings. The section titles in these Terms are for convenience only and shall have no legal or contractual effect.
26.7 Survival. Upon termination of these Terms or of your rights hereunder, all provisions which by their nature should survive shall survive, including, without limitation, Sections 2.2, 3, 6, 7, 10 through 16, 19, 20, and 26.
26.8 California Consumer Notice. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
AEEM Inc. DBA AEEM Shipping®
300 N 3rd St, Suite 220 Burbank, CA 91502
Phone: (818) 600-0008
Email: info@aeemshipping.com
Copyright © AEEM Inc. DBA AEEM Shipping®. All rights reserved.
