Terms of Service/Use:
The following terms and conditions govern all use of the shipware.com and portal.shipware.com website and all content, services and products available at or through the website (taken together, “Website”). The Website is owned and operated Shipware, LLC . The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Shipware’s Privacy Policy) and procedures that may be published from time to time on this site by Shipware (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you are not authorized to access the Website or use any of its services. If these terms and conditions are considered an offer by Shipware, acceptance is expressly limited to these terms.
Section 1. Definitions.
Content: information, graphics, products, data, analytics, reports, dashboards, features, functionality, services, and links on shipware.com & portal.shipware.com.
Shipware: Shipware, LLC, and all subsidiary and member companies.
You: Yourself and the entity that you represent
Section 2. Use of Shipware.com & portal.shipware.com.
Shipware.com & portal.shipware.com are provided solely for the use of current and potential Shipware customers to interact with Shipware and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving, and other information and services may only be used by current and potential Shipware customers to monitor and analyze their own shipments. Unless specifically authorized by Shipware, use of Shipware.com or portal.shipware.com to provide information to or for the benefit of any outside third party or carrier (transportation service provider) is expressly prohibited.
Section 3. portal.shipware.com Login Registration.
You may choose to register on Shipware.com to access interactive features on portal.shipware.com. The availability of these services varies by geographic location, company and other user privileges. In the future, Shipware may add additional features that may be accessed through portal.shipware.com. In such an event, previously registered users will not be required to re-register.
By registering on portal.shipware.com, you agree to provide accurate and current information about yourself as prompted by the portal.shipware.com Login Registration pages and maintain and promptly update your online profile information to keep it accurate and current.
When you register using [email protected] Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. You agree to (a) immediately notify Shipware of any unauthorized use of your user ID and password, and (b) ensure that you exit from your portal.shipware.com session at the end of each visit.
Section 4. Changes to Shipware.com or portal.shipware.com.
Content on Shipware.com and portal.shipware.com, may be changed, deleted or updated at any time without notice.
Section 5. Termination of Use.
Shipware may discontinue, suspend or modify Shipware.com or portal.shipware.com at any time without notice, and Shipware may block, terminate or suspend your and any user’s access to Shipware.com or portal.shipware.com at any time for any reason at its sole discretion, even if access continues to be allowed to others.
Section 6. Ownership.
Shipware.com and its content are protected by United States and international copyright, trademark and other laws. © 2011-2017 Shipware. All rights reserved. Specifically, Shipware does not convey to anyone, through allowing access to shipware.com, any ownership rights in shipware.com or in any content appearing on or made available through shipware.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of shipware.com or its content.
Section 7. Intellectual Property.
This Agreement does not transfer from Shipware to you any Shipware or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the Parties) solely with Shipware. Shipware, LLC, Shipware.com, portal.shipware.com, the Shipware logo, and all other trademarks, service marks, graphics, and logos used in connection with Shipware.com or portal.shipware.com, or the Website are trademarks or registered trademarks of Shipware or Shipware’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Shipware or third-party trademarks.
Section 8. Disclaimer of Warranty.
SHIPWARE.COM OR PORTAL.SHIPWARE.COM AND ITS CONTENT ARE PROVIDED “AS IS”. SHIPWARE AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE SHIPWARE.COM OR PORTAL.SHIPWARE.COM AND ITS CONTENT.
SHIPWARE EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SHIPWARE.COM OR PORTAL.SHIPWARE.COM AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHIPWARE DOES NOT WARRANT THAT SHIPWARE.COM OR PORTAL.SHIPWARE.COM WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN EITHER SITE WILL BE CORRECTED. FURTHERMORE, SHIPWARE DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF SHIPWARE.COM or PORTAL.SHIPWARE.COM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY SHIPWARE OR AN AUTHORIZED REPRESENTATIVE OF SHIPWARE SHALL CREATE A WARRANTY.
Section 9. Limitation of Liability.
USE OF SHIPWARE.COM or PORTAL.SHIPWARE.COM AND ITS CONTENT IS AT YOUR SOLE RISK. SHIPWARE WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SHIPWARE.COM OR PORTAL.SHIPWARE.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED SHIPWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Section 10. Indemnity.
You agree to defend, indemnify and hold harmless Shipware, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of your breach of any of these terms and conditions, and any of your activities conducted in connection with these sites.
Section 11. Links to other web sites.
There are links on the Shipware.com or portal.shipware.com site that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Shipware. Shipware makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
Shipware has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 12. Privacy Policy.
The Shipware Privacy Policy governs the use of information acquired from You through portal.shipware.com or Shipware.com.
Section 13. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access portal.shipware.com & Shipware.com regarding access, use, export, re-export and import of any content appearing on or available through Shipware.com or portal.shipware.com.
You acknowledge and agree that you will not export or import any content to any country to which export or import is restricted under United States law, that you are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals, and that the content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Section 14. Controlling Law and Severability.
This Agreement and your use of Shipware.com & portal.shipware.com is governed by and construed in accordance with the laws of the United States and the State of California, excluding its conflict of laws 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.
Any cause of action with respect to Shipware.com or portal.shipware.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within San Diego County, California. This Agreement may not be changed or modified without the written consent of Shipware.