Terms of Use
AGREEMENT
BETWEEN USER AND SHIP SMART INC.
The web site shop.shipsmart.com (the
�Web Site�) is comprised of various Web pages operated by Ship Smart, Inc.
The Web Site is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the Web Site
constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
Ship Smart, Inc. reserves the right to change the terms, conditions, and notices
under which the Web Site is offered, including but not limited to the charges associated
with the use of the Web Site.
LINKS TO
THIRD PARTY SITES
The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites
are not under the control of Ship Smart, Inc. and Ship Smart, Inc. is not responsible
for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site.
NO UNLAWFUL
OR PROHIBITED USE
As a condition of your use of the Web Site, you warrant to Ship Smart, Inc. that
you will not use the Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Web Site in any manner
which could damage, disable, overburden, or impair the Web Site or interfere with
any other party's use and enjoyment of the Web Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Web Sites.
USE OF COMMUNICATION
SERVICES
The Web Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
Violate any applicable laws or regulations.
Ship Smart, Inc. has no obligation to monitor the Communication Services. However,
Ship Smart, Inc. reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Ship Smart, Inc. reserves
the right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
Ship Smart, Inc. reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Ship Smart, Inc.'s sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Ship Smart, Inc. does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, Ship Smart, Inc. specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Ship Smart,
Inc. spokespersons, and their views do not necessarily reflect those of Ship Smart,
Inc..
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Ship Smart, Inc. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Ship Smart, Inc. AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Ship Smart, Inc. WEB SITE
AT ANY TIME. ADVICE RECEIVED VIA THE Ship Smart, Inc. WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Ship Smart, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Ship Smart, Inc. WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. Ship Smart, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ship Smart,
Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Ship Smart, Inc. WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE Ship Smart, Inc. WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE Ship Smart, Inc. WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Ship Smart, Inc. WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Ship Smart, Inc. OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE Ship Smart, Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Ship Smart, Inc. WEB
SITE.
SERVICE CONTACT: eServices@shipsmart.com
TERMINATION/ACCESS RESTRICTION
Ship Smart, Inc. reserves the right, in its sole discretion, to terminate your access
to the Ship Smart, Inc. Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the Ship Smart,
Inc. Web Site. Use of the Ship Smart, Inc. Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Ship Smart, Inc. as a
result of this agreement or use of the Ship Smart, Inc. Web Site. Ship Smart, Inc.'s
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Ship Smart, Inc.'s right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Ship Smart, Inc. Web Site or information provided to
or gathered by Ship Smart, Inc. with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and Ship Smart, Inc. with respect to the Ship Smart, Inc. Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Ship Smart, Inc. with respect to the Ship Smart,
Inc. Web Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Ship Smart, Inc. Web Site are: Copyright � 2007 Ship Smart�,
Inc. All rights reserved. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.