ShippingXPS (“Company,” “we,” “us,” or “our”) provides its services to you (“User,” “you,” or “your”) through its website located at www.shippingxps.com (the “Site”), subject to the following Terms of Use Agreement (the “Agreement”). By accessing, browsing, or otherwise using the Site or any services provided through the Site (collectively, the “Services”), you acknowledge that you have read, understood and agree to be bound by the terms and conditions set forth herein, as well as our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to all of these terms and conditions, you must immediately discontinue all use of the Site and Services.
Acceptance of Terms
This Agreement constitutes a legally binding contract between you and ShippingXPS. We reserve the right to modify, amend or replace these terms at any time in our sole discretion. Any such modifications will be effective immediately upon posting on the Site. Your continued use of the Site or Services following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to periodically review this Agreement for updates.
Eligibility and User Representations
The Site and Services are intended solely for users who are eighteen (18) years of age or older, or the age of majority in your jurisdiction if greater than eighteen (18). By using the Site or Services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into this Agreement. You further represent and warrant that all information you provide in connection with your use of the Services is and will remain accurate, current and complete, and that you will maintain the security of any account credentials and be fully responsible for all use of your account and any actions taken under your account.
Intellectual Property Rights
The Site and all content, features, and functionality available through the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software and the design, selection, and arrangement thereof (collectively, the “Site Materials”) are the exclusive property of ShippingXPS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The ShippingXPS name and all related names, logos, product and service names, designs and slogans are trademarks of ShippingXPS or its affiliates or licensors. You may not use such marks without the prior written permission of ShippingXPS.
Subject to your compliance with this Agreement, ShippingXPS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Site Materials for your personal, non-commercial use only. This license does not include:
(a) any resale or commercial use of the Site or Site Materials;
(b) the collection and use of any service listings, descriptions or prices;
(c) any derivative use of the Site or Site Materials;
(d) any downloading or copying of account information for the benefit of another merchant; or
(e) any use of data mining, robots or similar data gathering and extraction tools.
User Conduct and Prohibited Activities
You agree to use the Site and Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Site or Services:
(a) in any way that violates any applicable federal, state, local or international law or regulation;
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) to transmit or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(d) to impersonate or attempt to impersonate ShippingXPS, a ShippingXPS employee, another user or any other person or entity; or
(e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services or which, as determined by us, may harm ShippingXPS or users of the Site or expose them to liability.
Additionally, you agree not to:
(i) use the Site or Services in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site or Services;
(ii) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
(iii) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
(iv) use any device, software, or routine that interferes with the proper working of the Site; (v) introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
(vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
(vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
(viii) otherwise attempt to interfere with the proper working of the Site.
Third-Party Links and Content
The Site may contain links to third-party websites and services, and may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that ShippingXPS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ShippingXPS does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.
Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk. When you link to a third-party website, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHIPPINGXPS NOR ANY PERSON ASSOCIATED WITH SHIPPINGXPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SHIPPINGXPS NOR ANYONE ASSOCIATED WITH SHIPPINGXPS REPRESENTS OR WARRANTS THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SHIPPINGXPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL SHIPPINGXPS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHIPPINGXPS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO SHIPPINGXPS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Indemnification
You agree to defend, indemnify, and hold harmless ShippingXPS, its affiliates, licensors and service providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site or Services, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
Ownership – Copyright
Unless otherwise indicated on the Site, the Site, Service and all content and other materials on the Site, including, without limitation, all ShippingXPS names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the exclusive property of ShippingXPS or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable licence to access and use the Site for your informational and personal use only in accordance with these Terms of Use. Such licence is subject to these Terms of Use and does not include any right or licence to:
Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
Except for the limited licence granted in this Section, nothing in these Terms of Use or elsewhere on the Site shall be construed as conferring any licence to any Site Materials, or any intellectual property rights therein, whether by estoppel, implication or otherwise. This licence is revocable at any time by ShippingXPS.
Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or related to it, its subject matter, or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to this Agreement or the Site or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution and Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from or related to this Agreement or use of the Site or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA) applying Delaware law. The arbitration shall be conducted in Wilmington, Delaware, before a single arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Miscellaneous
This Agreement constitutes the sole and entire agreement between you and ShippingXPS regarding the Site and Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site and Services. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. No waiver by ShippingXPS of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ShippingXPS to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. You may not assign or transfer this Agreement, by operation of law or otherwise, without ShippingXPS’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. ShippingXPS may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by ShippingXPS under this Agreement, including those regarding modifications to this Agreement, will be given:
(i) via email; or
(ii) by posting to the Site.
For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Site or Services should be directed to:
ShippingXPS,
Email: info@shippingxps.com
Phone: +1 (657) 210-1801
By continuing to access or use the Site or Services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. If you do not agree to all of these terms and conditions, you must immediately discontinue all use of ShippingXPS’s Site and Services.
