Terms & Conditions
UPS is inviting select customers to participate in a UPS Authorized Shipping Outlet (ASO) Rewards program (“Program”). The Program enables eligible UPS customers participating in the Program (each, a “Participant”) to earn benefits (“Benefits”), as described in the following Agreement. To earn and maintain these Benefits, Participants must increase their annual UPS Spend 7% year–over–year (shipping Spend must increase 7% each year as compared to the previous Program Year, as defined below), meet an annual Spend goal and meet other terms conditions as described herein. “Spend” shall mean UPS shipping fees invoiced to and paid by Participant each year.
Customer support is available via email at: asoawards@ups.com for Program questions.
You (hereinafter referred to as "You", "Your", or "Representative"), an authorized representative of a Participant, acknowledge that clicking the "I Accept" button constitutes Your signature and Your acceptance of and agreement to the terms and conditions of the Program as set out in this Agreement, on behalf of You and the Participant with which You are employed or represent. You further acknowledge that, by clicking the "I Accept" button below, You affirm that You have authorization from Your principal employer, the Participant, to participate in the Program. When used in this Agreement, the terms "UPS", “We” and “Our” shall mean and include UPS Corporation, its parent corporation, and any and all of its parent corporation's affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded UPS under this Agreement.
As described further herein, UPS may, in its sole discretion, make changes to this Agreement or terminate the Program by posting a new Agreement at upsasorewards.com/terms [upsasorewards.com]
By continuing to use the Program after we post the new Agreement, You accept, on behalf of the Participant, the new terms, conditions, limitations and requirements.
You acknowledge that You have been advised to read and review this Agreement and to print a copy for Your records. During the term of this Program, and subject to the terms of this Agreement, Participants who have an active UPS ASO account in good standing, as determined by UPS, and who otherwise meet the criteria for participation and comply with the terms provided in this Agreement may participate in the Program under the following Program rules and structure.
Participants have the ability to opt out of Program communications only or opt out of the Program.
The Program shall remain in effect until UPS provides notice of suspension or termination of the Program or this Agreement. This Agreement is available at: upsasorewards.com/terms [upsasorewards.com]
UPS reserves the right to (a) modify the enrollment period for the Program; (b) alter or modify the Program or this Agreement; (c) modify this Agreement at any time by updating the Agreement located at upsasorewards.com/terms [upsasorewards.com]
and (d) suspend or terminate the Program, or terminate a Participant's participation in the Program, all at any time, for any reason, through a notice posted by UPS or as otherwise provided by UPS. In the event a Participant is later determined not to be eligible for the Program after being notified that Participant was eligible, Participant's participation in the Program will be terminated. Decisions regarding eligibility to participate in the Program are solely within the discretion of UPS. Upon termination of a Participant’s participation in the Program for any reason, all Benefits shall automatically and immediately terminate.
THE PROGRAM IS PROVIDED ON THE EXPRESS CONDITION THAT NEITHER UPS NOR ANY UPS OFFICER, EMPLOYEE OR DIRECTOR HAS ANY RESPONSIBILITY OR LIABILITY OF ANY NATURE FOR ANY EXPENSE, LOSS, INJURY OR OTHER CLAIM OR DAMAGE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE PROGRAM. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND UPS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
IN ADDITION TO OTHER APPLICABLE LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE, IN NO EVENT WILL UPS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. THE TOTAL LIABILITY OF UPS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED $500. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR UPS’S INTENTIONAL, WILLFUL, OR MALICIOUS MISCONDUCT, OR FRAUD.
The terms and conditions in the applicable UPS Rate and Service Guide and Tariff / Terms and Conditions of service in effect at the time of shipping shall apply to any shipment made by Participant under the Program. UPS reserves the right to modify the UPS Rate and Service Guide and Tariff / Terms and Conditions at any time and without notice. If there is a conflict between the UPS Rate and Service Guide and Tariff / Terms and Conditions and the Program, the UPS Rate and Service Guide and Tariff / Terms and Conditions will control.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Georgia, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action arising under this Agreement must be instituted for arbitration per the terms of this Agreement (or brought in Fulton County Magistrate Court in Fulton County, Georgia if the claim qualifies for resolution within Fulton County Magistrate Court) within one (1) year after the claim or cause of action has arisen or be barred.
IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT IF (1) YOU HAVE ANY DISPUTE WITH OR CLAIM AGAINST UPS ARISING OUT OF OR RELATING IN ANY WAY TO THE PROGRAM OR ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY UPS INCLUDING, BUT NOT LIMITED TO, THE ADVERTISING OF OR THE SALES PRACTICES FOR SUCH PRODUCTS AND SERVICES, AND (2) YOU RECEIVED BENEFITS OR COULD HAVE RECEIVED BENEFITS TOWARD SUCH TRANSACTION, THEN YOU WILL RESOLVE DISPUTES OR CLAIMS BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ARBITRATION WILL BE ACCORDING TO THE AMERICAN ARBITRATION ASSOCIATION’S COMMERCIAL ARBITRATION RULES, WHICH ARE AVAILABLE AT https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_0.pdf, AND WILL BE HELD EXCLUSIVELY IN FULTON COUNTY, GEORGIA.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If for any reason a claim proceeds in court rather than in arbitration, Participant and UPS each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
This Agreement constitutes the entire agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements, or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on UPS without UPS's written consent.