Access to the Site:
ParcelPath is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site. If you do not qualify, please do not use the Site. ParcelPath reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.
In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information (relating to you or your customers) that you provide to us through the Site, you agree to provide true, accurate, current and complete information as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if ParcelPath has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, ParcelPath has the right to refuse any and all current or future use of the Site (or any portion thereof).
Account and Password Security: In order to use certain features of the Site or applicable Services, you will have to register and create a password-protected account (your “Account”). You agree and acknowledge that you will not allow others to utilize your account. You are responsible for maintaining the confidentiality of your password and Account and are fully responsible for all activities that occur under your password and Account. You agree to: (i) immediately notify ParcelPath of any unauthorized use of your password or Account or any breach of security, and (ii) ensure that you fully exit from your Account at the end of each session (unless you wish to keep your session open, in which case you will remain logged into your Account for a time period determined by ParcelPath; however, please note that leaving your session open may increase the chance of unauthorized use of your Account). You further agree not to use anyone else’s password on the Site or attempt to gain access to the accounts of other members. ParcelPath cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. ParcelPath reserves the right (but not the obligation) to terminate your access to your Account at any time without notice for any reason whatsoever.
Use of the Site:
In addition to all of the other restrictions contained in these Terms, but without limitation, you will not use the Site to:
ParcelPath reserves the right (but not the obligation) to terminate your access to the Site at any time without notice for any reason whatsoever.
Provision of Customer Information:
If you are a business client of ParcelPath, you agree that before you provide any of your customers’ personal information to ParcelPath or enter such information into the Site that you will first obtain permission from your customers to do so. ParcelPath shall not be responsible or liable for any business client’s failure to obtain appropriate consent from its customers before using Site or the Services.
Although ParcelPath provides a platform through the Site and the Services for arranging and facilitating the shipment of products, you acknowledge that ParcelPath utilizes one or more third-party companies to transport those Products and that other third parties may be involved in or responsible for submitting your Products to ParcelPath or its shipping provider and/or receiving your Products at the shipping destination. In the event that your Products are damaged or lost during shipment, or do not arrive at the shipping destination within a timely manner due to a failure of ParcelPath or its third-party shipping company, you may request ParcelPath’s assistance with submitting any claims or complaints to the shipping company. You understand and acknowledge that third-party carriers may deny claims for damage that are received more than five (5) days from date of receipt, therefore all shipments must be thoroughly inspected for damage upon delivery and any damage must be reported immediately. If ParcelPath receives timely and properly submitted information (including complete and thorough description of items shipped – must match description input for shipment) from you for such a claim or complaint, ParcelPath may share that information with its third-party business partners that were involved in handling that shipment (such as the shipping company). ParcelPath and/or its third-party business partners may contact you regarding these issues. ParcelPath and/or its third-party business partners may conduct a reasonable investigation into your claim, but in no event is ParcelPath required or obligated to investigate any claims pertaining to lost, damaged, or delayed Products. You acknowledge and agree that your request for assistance from ParcelPath, and/or any reasonable investigation into your claim, does not entitle you to compensation or damages from ParcelPath, or any action or recourse by ParcelPath.
If a payment made through a check, ACH payment, credit card, or online payment service fails, ParcelPath may charge the payment and any applicable fees (as mentioned earlier) to any other payment method that you have previously linked to your ParcelPath account.
You acknowledge and agree that you are responsible for any additional charges due to (a) misstatements regarding weight, size, classification, number, or manner of Service, (b) deliveries on weekends or holidays, (c) local customs charges, (d) import taxes or duties, or (e) any similar charge(s) incurred. If any such charges become due as a result of Services performed by a carrier on your behalf and are charged to ParcelPath by such carrier, you agree that ParcelPath may charge any such additional amounts due on the credit card or bank account used when such Services were purchased or, in the event that you paid for the Services in another manner, you agree to reimburse ParcelPath fully for such charges within seven (7) days of our demand. You further acknowledge and agree that ParcelPath is not required to automatically provide any refunds or reduction of charges for any misstatement by you of weight, size, number or manner of Service.
Limits on Liability:
ParcelPath, its respective affiliates, strategic partners, and subsidiaries and all of their respective officers, directors, employees, shareholders, members, managers, successors, agents, and relevant third parties, including, without limitation, advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants, and contractors will not be liable for:
All offers, invitations, discounts, promotional codes, packages, and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. ParcelPath shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. ParcelPath reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and services described on the Site, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. ParcelPath does not endorse or represent the reliability, accuracy or quality of any information, or non-ParcelPath goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Third-Party Websites and Services:
Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by ParcelPath of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website or service which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because ParcelPath has no control over third-party websites and resources, you acknowledge and agree that ParcelPath is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of the information available through such websites, resources or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such third-party sites or resources. You further acknowledge and agree that ParcelPath shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, resources or services, or to transact with such third party for their products, properties or services, you do so entirely at your own risk. By leaving this Site, you may be subject to the terms and conditions and the privacy policies of such third party websites.
You acknowledge and agree that Content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by ParcelPath or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by ParcelPath are the copyright of ParcelPath. All rights reserved. You agree that all of ParcelPath’ trademarks, trade names, service marks, logos and service names are trademarks and are property of ParcelPath (the “ParcelPath Marks”). You agree not to display or use in any manner the ParcelPath Marks, without the express prior permission of ParcelPath.
No Reproduction or Resale:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree to indemnify, defend and hold ParcelPath, its respective affiliates, strategic partners, and subsidiaries and all of their respective directors, officers, members, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “ParcelPath Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your information or any other materials contributed to or submitted through the Site or the Services, including without limitation information associated with your account; (iii) your conduct, including your use of the Site and Services; (iv) your connection to the Site; (v) any violation or breach of these Terms; or (vi) your violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the ParcelPath Indemnified Parties. ParcelPath shall have the right, in its sole discretion, to select its own legal counsel to defend the ParcelPath Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of ParcelPath’ reasonable attorneys’ fees incurred in connection therewith. You shall notify ParcelPath immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or ParcelPath’ ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of ParcelPath, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the ParcelPath Indemnified Parties.
ParcelPath does not assume responsibility to you or others for any failure by ParcelPath to enforce the provisions contained in the Terms.
You agree that ParcelPath, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if ParcelPath believes that you have violated or acted inconsistently with the letter or spirit of the Terms. ParcelPath may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that ParcelPath may immediately bar any further access to the Site. Further, you agree that ParcelPath shall not be liable to you or any third party for any termination of your access to the Site.
You acknowledge that ParcelPath may establish general practices and limits concerning your use of the Site. You agree that ParcelPath has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. ParcelPath reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ParcelPath shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that ParcelPath reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You and ParcelPath agree that the Terms and the relationship between you and ParcelPath shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws analysis. You and ParcelPath hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Multnomah, Oregon or the United States District Court for the 5th Judicial District of Oregon for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and ParcelPath irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
ParcelPath’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ParcelPath in writing.
If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.