UPS BOT TERMS OF USE
Please read these Terms of Use, the Short Form Privacy Notice for UPS Chat Bot, and the UPS Privacy Notice carefully before using the UPS Bot (the “Bot”).
These Terms of Use govern Your access to and use of the Bot, including through platforms (“Platforms”) such as Amazon’s Alexa, Skype, or Facebook. These Terms of Use apply in addition to, and are not intended to replace, any other agreement that may apply in connection with Your relationship to UPS or Your access to and use of the Bot through Amazon’s Alexa, Skype, or Facebook.
The Bot is available for Your use only on the condition that You agree to the Terms of Use set forth below. If You do not agree to all of the Terms of Use, do not use the Bot. By using the Bot, You signify Your agreement to be bound by the Terms of Use.
The Bot is provided by UPS Market Driver, Inc. (“UPS”) and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Bot.
By initiating and carrying on a conversation with the Bot, You consent to receiving communications from the Bot. When You interact with the Bot through a Platform, You are doing so through a third party, such as Amazon, Skype, or Facebook, and you consent to having your conversation with the Bot processed by that Platform in accordance with any terms of use or privacy policy that may apply in connection with Your use of the Platform. UPS does not endorse and has no control over these third party Platforms and UPS makes no warranties, express or implied, as to these Platforms, or any other website or application controlled by a third party.
The Bot may utilize Microsoft’s Language Understanding Intelligent Service (“LUIS”) to interpret Your communications and formulate a reply. By initiating and carrying on a conversation with the Bot, You consent to having Your conversation with the Bot transmitted through LUIS for this purpose.
UPS may revise and update these Terms of Use at any time. Your continued usage of the Bot after any changes to these Terms of Use will mean You accept those changes. Any changes to these Terms of Use will apply to your use after the effective date of such change. Any aspect of the Bot may be changed, supplemented, deleted or updated without notice at the sole discretion of UPS.
The Short Form Privacy Notice for UPS Chat Bot and the UPS Privacy Notice govern the use of information collected from or provided by You through the Bot.
Any and all intellectual property rights ("Intellectual Property") associated with the Bot are the sole property of UPS, its affiliates, or third parties. You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any Intellectual Property associated with the Bot in any way without UPS's or the appropriate third party's prior written permission. Except as expressly provided herein, UPS does not grant to You any express or implied rights to UPS's or any third party's Intellectual Property.
Your use and access of the Shipping Related Systems through the Bot and your use of Shipping Information obtained through the Bot are subject to the following terms:
(a) The "Shipping Related Systems" are comprised of the UPS Systems which are used to provide tracking, time in transit, UPS locations, address validation and other functions and information related to the shipment of packages via UPS. The Shipping Related Systems and Information gained from such systems ("Shipping Information") are to be used by You solely in connection with packages shipped by or to You or on Your behalf and for no other purpose.
(b) The Shipping Related Systems and Shipping Information are the private property of UPS. Without limitation, You are not authorized to make the Shipping Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of UPS. This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these Terms is unauthorized and strictly prohibited.
(c) Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
The Bot permits You to link Your UPS My Choice® service account to Your Amazon Alexa, Skype, or Facebook account. In order to link Your accounts, the Bot will prompt You to provide Your UPS profile credentials via a UPS-hosted webpage. If Your credentials are properly authenticated by the UPS-hosted webpage, You will be able to access certain UPS My Choice® information by interacting with the Bot. You acknowledge and agree that Your use of the UPS My Choice® service after authentication remains governed by the UPS My Choice® Service Terms that You previously agreed to when signing up for the UPS My Choice® service.
UPS does not guarantee the availability of the Bot for Your use. UPS may, in its sole discretion, discontinue the Bot at any time and for any length of time. You agree that UPS shall not be liable to You or any third party for unavailability of the Bot.
Furthermore, UPS may terminate or suspend Your access to the Bot at any time and for any or no reason in its sole discretion, even if access continues to be allowed for others. You agree that UPS shall not be liable to You or any third party for any termination or suspension of Your access to the Bot.
UPS offers the Bot as a convenience to You. The Bot is not a substitute for direct communication with UPS, and all of the information available to You through the Bot is also available to You directly through UPS. Because the Bot utilizes artificial intelligence to communicate with You, the Bot may provide information that is an inaccurate response to your requests in its interactions with You. You agree that UPS shall not be liable to You or any third party for the Bot providing inaccurate information to You.
UPS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE BOT. THE USE OF THE BOT IS AT YOUR OWN RISK.
THE BOT IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, UPS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. UPS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THE USE OF THE BOT. NO INFORMATION OBTAINED BY YOU FROM THE BOT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY UPS IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT UPS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, UPS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY UP TO A LIMIT OF ONE HUNDRED DOLLARS (US$100.00). TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UPS LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE BOT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UPS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE BOT OR CONTENT, INFORMATION, OR SERVICES PROVIDED THROUGH THE BOT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN FULTON COUNTY, GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE BOT OR CONTENT, INFORMATION, OR SERVICES PROVIDED THROUGH THE BOT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO TERMS OF USE.
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Georgia, U.S.A. excluding (i) Georgia's conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience.
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. Any attempted assignment in contravention of this Section 13 shall be void ab initio. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any provision of these Terms of Use may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party, or in the case of a waiver, by the party against whom the waiver is to be effective.