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MorphMarket Shipping Terms and Conditions

Effective: October 2, 2024

Last Revised: November 4, 2024

These MorphMarket Shipping Terms and Conditions (MorphMarket Shipping Terms) form the agreement between MorphMarket Shipping LLC (referred to as MorphMarket Shipping,” “we,” “us,” or “our” and similar terms herein) and you, as the purchasing party, for the purchase of FedEx value added shipping services offered through MorphMarket Shipping. These MorphMarket Shipping Terms become effective immediately on the date you enroll in a membership plan with MorphMarket, LLC (MorphMarket), and acknowledge acceptance of these MorphMarket Shipping Terms.

In consideration of the covenants and conditions contained herein, the parties agree as follows:

1. Definitions

  • “FedEx” means FedEx Corporation and its affiliated entities.
  • “Living Item” or “Living “Items” means live plants or living reptiles, amphibians, aquatics, and/or invertebrates.
  • “Member” means an individual or legal entity located or residing in the United States that has enrolled in a Plan, agrees to these MorphMarket Shipping Terms, pays for the Services, and is not otherwise in default under the Plan.
  • “Reservation” means a Member’s procurement of FedEx value-added shipping services from MorphMarket Shipping.
  • “Parcel” means any item shipped through FedEx, with suitable packaging and labeling, in accordance with these MorphMarket Shipping Terms.
  • “Plan” means the MorphMarket membership plan enrolled in by the Member.

2. Services Provided by MorphMarket Shipping

MorphMarket has engaged MorphMarket Shipping to provide shipping services to MorphMarket’s Members enrolled in various Plans offered by MorphMarket. Subject to Member’s compliance with these MorphMarket Shipping Terms and MorphMarket’s general Terms of Service, in exchange for valuable consideration received, MorphMarket Shipping agrees to provide Member the following services (“Services”), subject to change at MorphMarket Shipping’s sole and exclusive discretion:

  • Shipping. MorphMarket Shipping is an independent, outside FedEx value-added shipping services agent. MorphMarket Shipping is not associated or involved with the business dealings or practices of FedEx. Working under this premise, MorphMarket Shipping agrees to provide FedEx value-added shipping services to Member. Our shipping services are currently available only in the United States.
  • FedEx Facilitation. Member agrees to allow MorphMarket Shipping to facilitate shipping arrangements between Member and FedEx, via FedEx pickup or FedEx drop-box, including, but not limited to:
    • Allowing MorphMarket Shipping to provide FedEx with Member’s address;
    • Allowing MorphMarket Shipping to provide FedEx with Member’s relevant personal information;
    • Allowing MorphMarket Shipping to provide FedEx with pickup and delivery times for Member;
    • Allowing MorphMarket Shipping to purchase FedEx shipping on Member’s behalf;
    • Allowing MorphMarket Shipping to pay for FedEx shipping services provided to Member.
  • Billing. MorphMarket Shipping agrees to provide Member with detailed FedEx billing records, which includes, but is not necessarily limited to, billing history analysis and review and billing manipulation.
  • Returns. MorphMarket Shipping agrees to facilitate returns for Member, when necessary and appropriate.
  • Discounted Rates. MorphMarket Shipping agrees to provide discounted FedEx shipping rates to Member, with said rate applied per the conditions set forth in the applicable Plan enrolled in by Member.
  • Insurance. Subject to the terms and conditions set forth in MorphMarket Shipping’s Insurance Policy, MorphMarket Shipping offers insurance for purchase for Members using our Services. Members must comply with the terms and conditions described in MorphMarket Shipping’s Insurance Policy to receive a shipping label credit or refund on shipping services or insurance proceeds.
  • Call Service. MorphMarket Shipping agrees to provide Member with a call service program with regard to Member’s FedEx shipping needs such that if Member requires FedEx account service, or other pertinent needs relevant to FedEx shipping services, Member will contact MorphMarket Shipping who will then contact and facilitate communication with FedEx on Member’s behalf. MorphMarket Shipping’s call service may assist with, or facilitate, Member’s needs including, but not necessarily limited to, lost Parcel issues, damaged Parcel issues, refund issues, insurance issues, cancellation issues, delivery issues, driver issues, and other relevant Member concerns.
  • Special Services – Live Animal and Plant Shipping. Member undertakes these MorphMarket Shipping Terms for good and valuable consideration received in that MorphMarket Shipping has arranged and negotiated with FedEx, a contractual relationship that will allow Member to ship Living Items via FedEx. Member acknowledges that MorphMarket Shipping is providing a good and valuable service to Member.

3. MorphMarket Shipping Guidelines

Purchasing. FedEx value-added shipping services will be offered by MorphMarket Shipping on a continual basis under each Member’s Plan. Reservations will be accepted as described in Member’s Plan, subject to FedEx’s hours of operation which includes FedEx closures for the evening, weekends, or holidays and FedEx’s terms and conditions. Members are required to order their shipping through MorphMarket Shipping in order to receive the benefits described in the list of Services above. Applicable discounts and the Services will not be available to Members who make other reservations directly through FedEx or a third party.

Reservation Procedure. Member will make Reservations for FedEx value-added shipping services by ordering said service through MorphMarket’s website. MorphMarket’s website will provide adequate prompts and directions such that Member will complete the payment and Reservation portion of Member’s acquisition of the Services, through MorphMarket’s website.

Proper Labels, Packaging, and Timing. Members must be familiar with and comply with the Lacey Act. Members must label all shipments appropriately, with the scientific AND common names of all the Living Items in the Parcel, as well as quantities of each. Members must also properly package and contain their shipments and ship all Living Items at appropriate times, temperatures, and conditions for Living Items. These MorphMarket Shipping Terms hereby reference and incorporate the shipping guidelines of MorphMarket, found at Live Animal Shipping Standards & Guidelines.

No Hot Reptiles. Absolutely NO venomous reptiles are to be shipped through FedEx. See MorphMarket’s policy on venomous snakes https://support.morphmarket.com/article/178-what-about-venomous-snakes.

Payment Terms. Payments for the Services are in accordance with Member’s Plan and may also be subject to relevant state and local taxes.

Product Pickup. After confirmation of the Reservation from MorphMarket Shipping, Member will then be obligated to shipment via FedEx. Member will be prompted as to the proper FedEx pickup times, pickup windows and locations. Member agrees to be obligated to these conditions without recourse.

Cancellation/Refund Policy. Member may cancel or void Reservations, but said cancellation or voidance is subject to a discretionary $4.95 service charge by MorphMarket Shipping.

Rate Adjustment. Rates are subject to discretionary and reasonable adjustment for reasons including, but not necessarily limited to: (i) Member providing the wrong address(es); (ii) Member improperly packaging a parcel(s); and (iii) Member does not comply with FedEx and/or MorphMarket Shipping’s terms and conditions. For example, if a Member creates a label for the incorrect dimensions resulting in an overage charged to MorphMarket Shipping, MorphMarket Shipping will bill the Member for such overage charge resulting in a rate adjustment.

Claim Proceeds. Subject to these MorphMarket Shipping Terms and MorphMarket Shipping’s Insurance Policy, payments from processed insurance claims will be made to the account owner who purchased the shipping label unless written permission is provided for payment to another party. Claims can take up to fourteen (14) business days to process. By default, claim payouts will be issued as a shipping label credit unless otherwise requested by the payee. If requested, claims will be paid out via check and mailed directly via certified mail to the payee. Postage costs for mailing will be deducted from the amount of the claim payout. Checks may require additional processing time.

No Assignment of Right. Member shall not be entitled to assign Member’s interest in any Reservation to a third party.

Duration. The terms and conditions of these MorphMarket Shipping Terms shall be self-renewing on a monthly basis, on the same renewal timeline as Member’s Plan.

Cancellation. If, at any time, Member chooses to terminate Member’s Plan, Member must provide written notification of such cancellation and pay all debts owing to MorphMarket Shipping or MorphMarket, as applicable. MorphMarket Shipping may cancel this Agreement at any time and for any reason not prohibited by law.

4. MorphMarket Shipping’s Reservation of Right

MorphMarket Shipping reserves the right, at any time, to change, reduce, postpone, or abandon all or any part of the Services, including eliminating its offering of free insurance coverage. MorphMarket Shipping may also adjust or change the terms or conditions in these MorphMarket Shipping Terms when commercially reasonable, advisable, or necessary, including when necessary to comply with FedEx’s requirements. In the case of such change, MorphMarket Shipping will not be responsible or liable for any losses or expenses incurred or caused by reason of such change, postponement, or abandonment.

5. Compliance with Laws

Many states or municipalities have laws, regulations, or ordinances related to selling, buying, breeding, transporting, growing, housing, and/or keeping Living Items. For example, many states or municipalities require a license for selling pets or reptiles in a commercial setting. Additionally, some states do not allow you to ship exotic pets into these states, such as snakes.

You acknowledge and agree that MorphMarket Shipping is not responsible for educating Members on such laws, regulations, or ordinances. It is each Member’s responsibility to be aware of and comply with all international, federal, state, and local laws (including, but not limited to, the Lacey Act) related to or governing a Member’s activities using our Services. Any legal violation may result in the revocation of our Services, including, but not limited to, revocation of value-added shipping privileges and termination of Reservations. MorphMarket Shipping will not be responsible for losses and damages incurred as a result of actions taken pursuant to these MorphMarket Shipping Terms.

6. Complaints from FedEx

Members must comply with FedEx’s packaging and shipping requirements related to shipping Living Items. MorphMarket Shipping has a zero-tolerance policy for non-compliance with FedEx’s rules or requirements. If MorphMarket Shipping receives complaints from FedEx or learns of violations of FedEx’s rules or requirements, MorphMarket Shipping will investigate the complaint and take appropriate action to address the complaint and/or prevent the violation from continuing, including, without limitation, cutting off all Services to the violating party.

7. Indemnity and Waiver from Suit

FedEx. Member knowingly undertakes the terms and conditions of these MorphMarket Shipping Terms with the informed knowledge that MorphMarket Shipping is an independent, outside FedEx value-added shipping services agent, and that MorphMarket Shipping, in no way, is associated to or involved with the business dealings or practices of FedEx. As such, upon information and knowledge, Member consents to the following:

  • Personal Responsibility. Member indemnifies, defends, and holds harmless MorphMarket Shipping, and MorphMarket Shipping accepts no responsibility, whatsoever, for any and all actions of FedEx, along with FedEx’s employees, contractors, or representatives, including, but not limited to, actions by delivery workers employed by or associated to FedEx, and Members dealings with them. Member understands that it is the sole responsibility of Member to deal with FedEx in a professional manner and comply with FedEx’s rules, terms, and conditions, and that Member undertakes a duty to notify MorphMarket Shipping of any issues Member might have with Member’s FedEx shipping arrangement.
  • Commencement of Action. In the event Member commences an action against FedEx, or FedEx commences an action against Member, including, but not limited to, a negligence action against FedEx for failure to provide safe shipping accommodations, liability of Member for damage to or theft of Parcels, personal property damage, delays in or inability to reserve shipping, unforeseen circumstances at FedEx, or any other cause of action owing to FedEx’s or Member’s negligence or failure to perform, including, but not limited to, any breach of FedEx’s duty of care, Member provides MorphMarket Shipping with complete immunity and indemnity from suit in the event such action commences.
  • Members Knowing Assumption of Risk. Upon agreeing to the terms and conditions of these MorphMarket Shipping Terms, Member also agrees to comply with the rules, terms, and conditions set forth by FedEx for parties shipping packages using FedEx services. Member makes special note of the fact, and accepts the inherent risk associated thereto, that FedEx does not, nor does MorphMarket Shipping, guarantee the live arrival of Living Items delivered via FedEx. Neither FedEx or MorphMarket Shipping offer any shipping credits, refunds, or recourse for weather related delays. Member knowingly assumes the risk that, in the case of non-compliance with the rules, terms, and conditions of shipping as set forth independently by FedEx, Member may be asked to terminate Member’s Reservation. In the event that Member is asked to terminate Member’s Reservation with FedEx prior to the date FedEx is due to ship or other relevant reasons, Member indemnifies, defends, and holds harmless MorphMarket Shipping against any such action(s) commencing therefrom.

Complete Release of Liability. Member voluntarily and knowingly assumes all risks associated to or involving:

  • Member’s shipment(s) of Living Items or other Parcels through FedEx, including, but not necessarily limited to, Member’s duty to package Living Items suitably;
  • Any weather-related delays;
  • Any errors or omissions regarding credit card or payment transactions;
  • Member’s or MorphMarket Shipping’s cancellation or non-compliance with FedEx rules, terms, and conditions; and
  • All other actions resulting from or taken by Member, MorphMarket Shipping, or FedEx in relation to Member’s purchase of Services.

Member’s Covenant Not to Sue MorphMarket Shipping. Member will not bring suit in law or equity against MorphMarket Shipping, or any of its members, managers, officers, employees, agents, affiliates, or any other person or entity representing MorphMarket Shipping (“MorphMarket Shipping Agents”) on grounds, including, but not limited to, libel, slander, invasion of privacy, personal injury, death, negligence, property damage, or attorney’s fees which may occur at a location or as a result of Member’s purchase of Services. Member further affirms and agrees that MorphMarket Shipping is providing service assistance regarding, but not limited to, specialized shipping services, limited insurance coverage, FedEx tracking, damaged product or non-delivery assistance, and other services, as an inclusive component of the Services, however, Member will not bring suit in law or equity against MorphMarket Shipping, or any MorphMarket Shipping Agents on grounds related to FedEx error.

Notice of Shipping Delays. From time-to-time, MorphMarket Shipping may announce shipping delays or disruptions in jurisdictions as a courtesy to Members and users; however, MorphMarket Shipping is under no such obligation to do so and you agree that MorphMarket Shipping shall not liable for its omission of, or failure to make, any announcement regarding shipping delays or disruptions.

8. Excuse of Performance

Where, without fault of either party, the agreed manner of performance becomes commercially impracticable, impossible or otherwise difficult to perform, including, but not limited to, instances such as: (1) the bankruptcy of FedEx, (2) force majeure, or (3) condemnation, closure, or irreparable damage to facilities relevant to these MorphMarket Shipping Terms, the parties agree that MorphMarket Shipping may, at MorphMarket Shipping’s sole discretion, provide a commercially reasonable substitute if available, and that if substitute performance is tendered, it must be accepted by Member. In the event MorphMarket Shipping is unable to provide reasonable and comparable substitute performance, Member agrees to excuse said performance and releases MorphMarket Shipping from all liability resulting therefrom.

9. Member Default

Member Breach. Member agrees to comply with all terms, conditions, obligations, and covenants set forth in these MorphMarket Shipping Terms. Member shall be considered in breach of Member’s obligations under these MorphMarket Shipping Terms in circumstances including, but not limited to, when:

  • Member wrongfully rejects the Services provided;
  • Member wrongfully attempts to reject or revoke acceptance of these MorphMarket Shipping Terms;
  • Member fails to make a payment due under Member’s Plan or under these MorphMarket Shipping Terms;
  • Member fails to comply with applicable laws, regulations, permitting or licensing requirements, ordinances, or rules related to Living Items;
  • Member violates the rules, terms, and conditions of FedEx;
  • Member wrongfully fails to perform, or is in violation of an obligation, undertaken per the terms or conditions of these MorphMarket Shipping Terms; and/or
  • Member otherwise violates the terms, conditions, obligations, or covenants set forth in these MorphMarket Shipping Terms.

Remedy for Breach. If Member breaches these MorphMarket Shipping Terms, then MorphMarket Shipping may take the following actions inclusive of, but not limited to:

  • Terminating or withholding Services to Member;
  • Cancelling Reservations made on Member’s behalf;
  • Reporting the violation to MorphMarket for consideration of terminating Member’s Plan; and/or
  • Recovering both monetary and equitable damages for Member’s non-acceptance, repudiation, or breach.

Measure of Monetary Damages. The measure of monetary damages shall be the full contract value, unless it is determined by a competent court of law that the measure of monetary damages shall be the difference between the market price at the time and place for tender and the unpaid portion of the Services, together with any incidental damages, but less expenses saved in consequence of the Member’s breach.

10. No Oral Modifications

No modification to these MorphMarket Shipping Terms shall be valid unless, and in the event, that such modification is written and signed by MorphMarket Shipping and Member.

11. Attorney’s Fees

In the event Member commences an action against MorphMarket Shipping arising from these MorphMarket Shipping Terms, should Member drop the suit, settle, or lose on the merits, Member agrees to pay reasonable attorney fees incurred by MorphMarket Shipping in defense of the action.

12. Governing Law and Venue

Any dispute or claim between the parties arising from these MorphMarket Shipping Terms shall be governed by and construed in accordance with the laws of Kansas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these MorphMarket Shipping Terms shall be instituted exclusively in the state or federal courts located in Sedgwick County, Kansas.

13. Digital Signature

The parties to these MorphMarket Shipping Terms affirm that the digital signatures of the parties, which signatures may include initials, a checkbox verification/confirmation or other relevant affirmations of self, are intended to authenticate this writing and that the digital signatures have the same force and legal effect as the use of manual signatures.

14. Merger

These MorphMarket Shipping Terms, Member’s Plan, and the parties’ agreement contemplated hereby represents the entire understanding between the parties. Member’s decision to purchase and pay MorphMarket Shipping for the Services constitutes Member’s acknowledgment of and consent to all of the terms and conditions of these MorphMarket Shipping Terms, including, but not limited to, the limitations of liability described herein. By using the Services, Member acknowledges and agrees to the terms and conditions contained herein without limitation.