Effective Date: April 5, 2024
Thank you for visiting shiplify.com. Shiplify LLC (“Shiplify,” “we,” “our,” or “us”) operates shiplify.com, and any related websites and corresponding products or services on which we display a link to these Website Terms of Use (“Website Terms”) (collectively, the “Services”).
The Website Terms govern access to and use of the Services and incorporate the Shiplify Privacy Policy and any other applicable policies and guidelines, as may be updated from time to time. These Website Terms constitute a legal agreement between you and Shiplify. By accessing or using the Services, you agree to these Website Terms. If you do not agree to these Website Terms, please do not access or use the Services.
These Website Terms do not apply to our location attribute and data services we provide to our customers. Please visit our LTL Terms of Service for the terms and conditions governing those services we provide to our customers.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Website Terms will be deemed an acceptance by that entity or individual, and “you” and ”your” herein shall refer to that entity, its directors, officers, employees, and agents.
Access to and use of the Services is available only to individuals who reside in the United States or Canada, who are at least 18 years old, and can form legally-binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you meet this eligibility criteria.
The Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright and trademark. All content, related intellectual property, and other rights are the sole and exclusive property of Shiplify or its licensors, unless Shiplify expressly grants them to another. Subject to your complete and ongoing compliance with these Website Terms, Shiplify grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Services. We reserve all rights not expressly granted to you by these Website Terms.
By sending us any feedback, comments, questions, or suggestions concerning Shiplify or the Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Shiplify and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account, these Website Terms, the Services, or your participation in the Services.
The Services may allow you to provide us directly with personal information, such as when you fill out a form on the Services. If you provide us with information, you agree that it will be true, accurate, current, and complete and that you will update all personal information as necessary. You understand that any information we collect about you shall be processed in accordance with the Shiplify Privacy Policy.
You agree to comply with all applicable laws, rules, and regulations in your access and use of the Services. In addition to other prohibitions in these Website Terms or displayed on the Services, you further agree that you will not:
We reserve all rights and remedies available to us, including but not limited to, suspending or disabling your ability to access the Services for violation of these or other provisions in these Website Terms.
Shiplify may send you emails concerning our Services, products, and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. If you provide us with your telephone number, we may also call you to: (1) provide you with information you requested from us; (2) provide you with information about services and promotions that might interest you; and (3) respond to your inquiries regarding our products and services.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT WHERE REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SHIPLIFY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHIPLIFY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). SHIPLIFY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AVAILABLE ON THE SERVICES OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SHIPLIFY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF SHIPLIFY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
You are responsible for your use of the Services, and you agree to release and defend, indemnify, and hold harmless Shiplify and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your violation of any of these Website Terms, any representation, warranty, or agreement referenced in these Website Terms, or any applicable law or regulation; (ii) your violation of any third-party right, including any intellectual property right or right of publicity, confidentiality, other property, or privacy right; or (iii) any dispute or issue between you and any third party.
Shiplify reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Shiplify may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Shiplify 's prior written consent.
If you have a dispute with one or more other users, you release Shiplify, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
The Services may contain links or access to third-party content, websites, services or systems. Shiplify does not endorse any third-party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under the control of Shiplify, and if you choose to access any such content, websites, services, or systems, you do so entirely at your own risk. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or the information, materials, products and/or services available through Shiplify (or any part thereof) with or without notice and for any reason or no reason. You agree that we shall not be liable to you or to any third party in such event.
We reserve the right to update or modify these Website Terms at any time without prior notice, and unless otherwise stated, such changes will be effective immediately upon being posted through the Services. Your use of the Services following any such change constitutes your agreement to be bound by the modified Website Terms.
Disputes arising under these Website Terms will be resolved in accordance with the version of the Website Terms in place at the time the dispute arose. We encourage you to review these Website Terms frequently to stay informed of the latest modifications.
Entire Agreement. These Website Terms (together with our Privacy Policy and any other legal documents, policies, terms, or agreements governing the Services) comprise the entire agreement between you and Shiplify with regard to the Services and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Website Terms.
No Waiver. Our failure at any time to require performance of any provision of these Website Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Shiplify of any breach of any provision of these Website Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right herein.
Severability. If any provision of these Website Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Assignment. You may not assign or transfer these Website Terms or your rights under these Website Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Website Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
Governing Law and Venue. These Website Terms are governed by the laws of the State of Georgia without regard to conflict of law principles. For claims between us not subject to arbitration or under the jurisdiction of a small claims court, you and Shiplify agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Georgia. No joint venture, partnership, employment, or agency relationship exists between you, Shiplify, or any third-party provider as a result of the Website Terms or use of the Services.
Consent to Electronic Communications. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Website Terms.
If you have any questions or concerns, or wish to request additional information, please contact us here: Contact Us