Subscriber Agreement and Terms of Use
This Subscriber Agreement and Terms of Use govern your relationship with ShipGooder, Inc. ("ShipGooder") and your use of the ShipGooder website service (the "Service" or "Services").1. Site Content. By using or accessing this website, you acknowledge that you have read, understand and agree to be bound by the following terms and conditions. The material and information on this website is protected by law, including copyright law. Except as otherwise specifically provided, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form and in any manner without ShipGooder's prior written permission. You may not mirror any material contained on this website or any other server. Permission is hereby granted for you to make a single copy of documents or material published by ShipGooder on this website solely for informational purposes and for non-commercial use within your organization, provided that you keep intact all copyright and other proprietary notices and legends. ShipGooder does not authorize any other use of the information or material provided.
2. Term. Your subscription shall commence upon the date of registration and full payment of the related fees for the Service and continue for a period of one (1) calendar year, unless the Company has agreed otherwise and subject to earlier termination as provided for herein. Thereafter, your subscription shall automatically renew for additional one (1) calendar year periods, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid further billing of subscription fees for the renewal term to your method of payment.
3. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time without notice. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
4. Your Account. Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in Canada or any other country where ShipGooder has facilities, and by subscribing to the Service, you consent to the transfer of information outside of your country. If you access the Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to the Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
5. Fees and Payments. You agree to immediately pay, or pay upon such terms as are agreed between the Company and you, the subscription fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card or in accordance with such method as the Company may agree to from time to time. Subscription fees will be billed at the beginning of your subscription or any renewal or upon such terms as the Company may provide you from time to time. Unless we state in writing otherwise, all fees and charges are non-refundable. We may change the fees and charges then in effect, or add new fees or charges at any time without notice. If you would like to us a different method of payment, or if you are unable to meet your payment obligations, or if your information in relation to your payment method changes, or if you believe someone has accessed the Service using your user name and password without your authorization, you must notify us immediately. Ultimately, you are responsible for any and all fees or charges incurred to access the Service.
6. Rate Information. Rate information published on this website is subject to change without notice. You and your chosen carrier shall ultimately negotiate the fees and charges separately. ShipGooder has no control over such rate information and your reliance on any such rate information will be done solely at your "own risk". ShipGooder may make improvements and/or changes to this website at any time without notice. Any references to non-ShipGooder products or services on this website are for information purposes only and do not constitute a recommendation or endorsement of such products or services by ShipGooder or any other third party.
7. Limitations on Use. Only one individual may access the Service at a time using the user name, password or account profile provided by ShipGooder, unless we agree otherwise. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
8. Third Party Web Sites. ShipGooder may provide hyperlinks or pointers to other websites maintained by third parties. The links to any such third party websites are provided for your convenience and information only. The content of any linked website is not under the control of ShipGooder and should you decide to access any such website, you do so entirely at your own risk. The provision of a link to a third party website does not mean that ShipGooder endorses, authorizes or sponsors any such website or that ShipGooder is affiliated with such third party.
9. Postings. All postings by you or other users become the property of ShipGooder which reserves the right to edit all postings prior to publication or electronic dissemination. Responses to questions posted by users of the website are for general informational purposes only and shall not be construed to be a recommendation or endorsement of any products or services by ShipGooder.
10. Intellectual Property. The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property available through the Services is the property of ShipGooder, Inc. or the property of other third parties and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone. "ShipGooder" and the ShipGooder logos are trade-marks of ShipGooder, Inc. All rights reserved.
11. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR THE SAKE OF CLARITY, YOU USE THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN, AT YOUR OWN RISK. SHIPGOODER AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("SHIPGOODER PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SHIPGOODER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SHIPGOODER PARTIES' LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ONE (1) YEAR OF SERVICE.
12. Indemnification. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SHIPGOODER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS AGAINST ALL CLAIMS, ACTION, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES, THAT MAY AT ANY TIME BE INCURRED BY REASON OF VIRUS OR ANY OTHER DESTRUCTIVE FEATURE RESULTING FROM YOUR ACCESS TO, USE OF OR LINKAGE WITH THIS WEBSITE AND/OR ANY CLAIM BROUGHT BY A THIRD PARTY HAVING A BASIS IN CONTRACT OR TORT, IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT, INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, GROSS NEGLIGENCE, PRODUCTS LIABILITY OR STRICT PRODUCTS LIABILITY.
13. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Toronto, Ontario, Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.