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Terms of Service |
Thank you for visiting ShipperTools.com ("The Site"). By using The Site, you are
creating a legal and binding agreement between you and, BizmoWorks, Inc., the owner
of The Site ("Owner") that includes all of the following terms of your usage of The
Site. The Owner shall be free to change these terms at any time by posting the same
on The Site but without any individual notice to you. |
1. | The Site. The content of The Site can be changed at any time and any additions
or changes shall be automatically deemed covered by these terms. The Site or your
access to The Site can also be terminated at any time by Owner. No such actions
shall be deemed a breach or violation of this agreement on the part of Owner. |
2. | Your Responsibilities. You shall be exclusively responsible for anything you
post on The Site ("Material" and the term "Material" shall include but shall not
be limited to any information about any of your customers including all your
customer's names, addresses, telephone numbers, email addresses or any other such
information, all of which shall be referred to as "Customer Data," as well as any
information you provide about yourself and your company or companies or business).
You are responsible for maintaining the confidentiality of any user identification,
password and account provided to you as part of your use of The Site and you are
fully responsible for all activities that occur under your user identification,
password or account. You agree that you will not post on The Site or otherwise
publish, transmit, republish or retransmit to others: |
| | a) | any Material that may violate the rights of any other party including but not
limited to any rights of privacy, libel, slander, copyright, trademark or other
rights nor any Material that violates the laws of any state, country, province or
any other governmental entity anywhere in the world; |
| | b) | any Material that is encrypted; |
| | c) | any Material that is advertising or involves the commercial or other
solicitation in any manner of any commercial nature, whether for you or any other
party and whether or not considered to be "spam" or junk email and whether or not
mailed individually or as part of a mass mailing; and |
| | d) | any Material that contains or delivers any form of viruses, trojan horses,
or the like. |
| | You further agree that you shall not: |
| | a) | interrupt or disrupt or attempt to interrupt or disrupt The Site in any way
nor prevent or impede any other party's access to The Site; |
| | b) | provide false or misleading information about yourself or others including
as to Customer Data; |
| | c) | modify or change any aspect of The Site; and |
| | d) | collect or store personal data about other users. |
| | You agree that your correspondence or business dealings with, or participation
in promotions of, advertisers or others found on or through The Site, including
but not limited to credit card processors, shippers and others shall be governed
solely between you and such other parties, advertisers or others. You agree that
Owner shall not be responsible or liable for any costs, loss or damage of any sort
incurred as the result of any such correspondence or business dealings or as the
result of the presence of such other parties, advertisers or others on The Site. |
| | Violations of this agreement including but not limited to the above policies,
under appropriate circumstances and/or for certain repeat offenders, shall result
in the termination of subscribers and account holders and other users of The Site. |
3. | Owner's Rights. Owner reserves the right and by entering into this agreement you expressly consent to
allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and
all activities on The Site including the right to remove any Material that Owner deems in violation of this agreement
but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or
otherwise maintain any supervisory role with regard to any such activities or such Material. Owner may act in accordance
with direction from law enforcement officials or pursuant to court orders. Owner has the right to store and make copies
of all of your Material. Owner may use or provide to third parties statistics about members, traffic patterns and
related information including but not limited to personally identifying information such as names, addresses, emails and
the like as well as information gathered from the use of "cookie" or other technologies. However, such information will
not intentionally include Customer Data or credit card information or account numbers except for the limited purpose of
collecting payments, communicating with credit card companies and the like. Such information may be used by Owner or
such third parties in the aggregate or individually and may be combined with other information and may be used in
connection with marketing of such information or as part of a transaction related to any aspect of the business of Owner
or such third parties including but not limited to sales, mergers, acquisitions, bankruptcies and the like. If you
desire that Owner not disclose such information, then you must notify Owner via email to the address set forth in
paragraph 7. Owner is the proprietor of all of Owner's copyrights, trademarks and other proprietary rights and you
shall have no rights of any sort in and to nor shall you use any of Owner's proprietary rights. Any third parties who
appear on The Site in any manner may also be the owner of their respective copyrights, trademarks and other proprietary
rights and you shall have no rights of any sort in and to nor shall you use any of said third parties' proprietary
rights. You hereby give and grant to Owner, its successors, assigns and licensees, the non-exclusive right to use,
copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material
but excluding Customer Data including but not limited to incorporating the Material into other works and the within
grant shall be a grant to Owner and its successors, assigns and licensees both during the term of this agreement and
after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason. Owner
shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement to any other
party. |
4. | Your Promises. You represent and warrant: that neither the Material nor entering into this agreement by
you will impair or violate any rights of any party including but not limited to that by your posting of Customer Data
you are representing and warranting that such Customer Data is not confidential nor a trade secret; and that all of the
Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body
exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world; and that you shall be solely
responsible for full compliance under all state and federal laws, statutes, regulations and the like regulating this
agreement, The Site or otherwise. You further represent and warrant that you shall not seek to hold Owner, nor any of
its shareholders, officers, directors, agents, attorneys or others liable in any manner for anything that may result
from your or another person's use of The Site. These warranties shall survive the termination of this agreement. |
5. | Your Indemnities. You shall defend and save and hold harmless Owner, Owner's affiliated and related
corporations and other related business entities, their or Owner's respective successors and assigns and their or
Owner's licensees, partners, employees, agents, attorneys, shareholders, officers, directors against any and all
claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or
claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or
not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not
any litigation or claim is filed, or for any other cause of action or claims by any third parties including but not
limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities
shall survive the termination of this agreement. |
6. | NO WARRANTIES. THE SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ACCESS TO ANY DATA BASES
WHETHER FROM THE UNITED STATES POST OFFICE, FEDEX OR OTHERWISE AS WELL AS ANY CREDIT CARD PROCESSING AND ADVERTISING ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. YOU ARE USING THE SITE AT YOUR OWN RISK. OWNER DOES NOT WARRANT OR
GUARANTEE, AND OWNER SHALL NOT BE RESPONSIBLE FOR, THE CORRECTNESS OF ANY MATERIAL POSTED ON OR INFORMATION OBTAINED
FROM THE SITE, WHETHER BY OR FROM OWNER OR BY OR FROM ANY PARTY INCLUDING BUT NOT LIMITED TO THE OWNER OF ANY DATA BASES
OR OTHERWISE OR ANY ADVERTISER. OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING BUT NOT
LIMITED TO ANY PROVIDER OF INFORMATION, WHETHER DATA BASE INFORMATION OR OTHERWISE OR ANY ADVERTISER. OWNER SHALL NOT
BE LIABLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY "HACKERS" OR THOSE WHO MIGHT INVADE
OR DISRUPT THE SITE OR TAKE INFORMATION INCLUDING MATERIAL FROM THE SITE OR OTHERWISE NOR FOR THE ACTS OR OMISSIONS
OF ANY PROVIDER OF ANY DATA BASES OR OTHER INFORMATION, ADVERTISERS AND OR ANY OTHER PARTY OR ANY ACTS OR OMISSIONS
OF ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS OR WHICH OTHER PARTY MAY PROVIDE SERVICES TO THE SITE OR TO YOU.
OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR COPYRIGHT
INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE
RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, DELAYS IN SHIPPING, LOSS OF MAIL, PACKAGES OR THE
LIKE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, NOR FOR FAILURE OF OWNER'S OR ANY OTHER WEB HOSTING OR OTHER
SERVER NOR ANY FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS FOR ANY PERIOD OF TIME NOR FOR ANY CAUSE
OUTSIDE OF OWNER'S CONTROL NOR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. OWNER WILL
NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN
IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF
THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE. |
7. | Miscellaneous. The Site is provided by BizmoWorks, Inc., located at PO Box 183, Grabill, IN, 46741-0183, email
support@shippertools.com and the name of Owner's agent is Tim Harvey, located at PO Box 183, Grabill, IN, 46741-0183. If you have any
complaints about The Site, you can contact Owner at the above email or other address. Residents of the state of
California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501,
Sacramento, CA 95814 or by telephone at (916)445.1254. This agreement shall be subject to and interpreted under the
laws of the state of Indiana applicable to agreements wholly to be performed therein as well as the laws of the United
States, where applicable. If Owner asks a third party to provide services through our network or for The Site, the
provisions of this agreement shall apply to your use of their services. Captions are for clarity sake only and have
no substantive effect. This agreement is the complete understanding between you and Owner and may be modified and any
of its provisions waived only by a writing signed by both you and Owner. It shall bind and benefit each of your and
Owner's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise
contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach
thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement
are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner's exercise of any other
rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court
of competent jurisdiction only Fort Wayne, Indiana and Owner shall be entitled to injunctive relief. You expressly
consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing
party shall be entitled to attorneys fees and court costs. In the event any portion of this agreement shall be held
invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the
provisions of this agreement shall survive the termination of this agreement for any reason. |
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