SHIPSAGE TERMS OF USE

SHIPSAGE TERMS OF USE

Last Updated: April, 28th, 2021

Please review these ShipSage FULFILLMENT NETWORK TERMS OF USE (“Terms”) carefully before using THE Site (as defined below), as they contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.   

By using the Site, you affirm that you are of legal age to enter into an agreement with us, and you accept and are bound by these Terms. You affirm that if you use the Site on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.  You may not use the Site or obtain service from us if you (i) do not agree to these Terms, and (ii) are not at least the age of majority in your state or province of residence.

These Terms include a binding arbitration clause, which requires you and us to arbitrate claims instead of adjudicating them in court.  You should also carefully review our Privacy Policy before use of our services.

  • Defined Terms. The following words, when capitalized, have the following meanings:
  • “Site” means any website, world wide web domain, digital content or services including but not limited to ShipSage provided by Gaatu, Inc., owner of the Site or its subsidiaries as part of conducting business.
  • Marks” means trademarks, trade names, service marks, website addresses, logos and/or trade dress. Any reference to “Mark” shall include any one of the Marks.
  • ShipSage” means the fictitious name [owned] by Gaatu, Inc. in provide the fulfillment services.
  • Site.  You acknowledge and agree that, although secure encryption protocols may be used, information you supply using the Site could be subject to interception by third parties.  ShipSage may make various schematics, historical usage, inventory management content (“Site Content”) available to you through the Site.  ShipSage may at any time modify, change, discontinue, or suspend the Site and any Site Content without any liability whatsoever.  We have no obligation whatsoever to maintain or backup any Site Content, including any information which you have provided through or using the Site.  We may from time to time provide you with access to third-party systems or services (“Optional Tools”), and you agree that any use of Optional Tools shall be solely at your own risk, subject to any applicable terms between you and the third-party provider.  The Site may contain links to third-party websites, and you agree that ShipSage shall have no liability whatsoever for the content, features, or functionality of any such third-party websites.  If we identify any error or inaccuracy in the Site Content (including price, shipping time, or other Product related details), we may correct such information at any time.      
  • Prohibited Uses. You are prohibited from using the Site or its content: (i) for any unlawful purpose, or for soliciting others to perform or participate in any unlawful acts; (ii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) to submit false or misleading information; (vi) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (vii) to collect or track the personal information of others; (viii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (ix) for any obscene or immoral purpose; or (x) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. You further agree not to (i) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site Content without express written permission by us, and (ii) disclose your login name and password to third parties.  We reserve the right to terminate your use of the Site and seek any available legal remedy against you for violating any of the terms.  
  • The owner of the Site is based in the State of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  • DISCLAIMER OF WARRANTIES . SHIPSAGE PROVIDES SERVICE ON AN “AS IS” BASIS. SHIPSAGE DOES NOT REPRESENT OR WARRANT THAT ITS SERVICE OR USE OF SUCH SERVICE (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SHIPSAGE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS , AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
  • LIMITATION OF LIABILITY. EXCEPT EXPRESSED PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), EXEMPLARY, OR PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT , TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM ANY CLAIM RELATING TO OR CONNECTED WITH THESE TERMS OR THE SUBJECT MATTER HEREOF, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN CONNECTION WITH INDEMNITY , CONFIDENTIALITY, AND PAYMENT OBLIGATIONS IN THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE YOU HAVE ORDERED WHICH FORM THE BASIS FOR THE CLAIM.
  • We acknowledge we do conform to a number of industry standard and partner mandated data security practices, however you do assume the ultimate responsibility for login password security and data backup. Our Privacy Policy, located at ShipSage.com, governs the processing of all personal data collected from you in connection with your use of the Site.  Please review the Privacy Policy carefully, as your use of the Site and your ordering of our service constitutes your acceptance of the Privacy Policy.
  • You expressly agree to indemnify, pay to defend, reimburse, release, and hold harmless Gaatu, Inc. and its subsidiaries for any and all loss, expense, damage, or liability arising from your use of the Site or your breach of these Terms.

INDEMNITY . Each party will indemnify and hold the other party , its affiliates, and their respective employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, reasonable attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought against any of the Indemnified Parties insofar as such Claim alleges facts or circumstances that would constitute a breach of any provision of the other party ’s (“Indemnifying Party”) representations, warranties or covenants herein. If the Indemnifying Party is obligated to provide indemnification hereunder, the Indemnifying Party may in its sole and absolute discretion, control the disposition of any Claim , provided however, Indemnifying Party shall not settle, compromise, or in any other manner dispose of any Claim without the consent of the Indemnified Party .]

  • Intellectual Property.
  • You and ShipSage mutually acknowledge that each party owns the intellectual property rights in its own products, services, Marks, and images, including without limitation, those rights protected by patent, copyright, trademark and trade secret laws. Nothing in these terms creates, or is intended to create, and no party shall acquire through the use of the other party ’s intellectual property, any right, title or interest in the intellectual property of the other, unless expressly provided for in these terms.
  • You grant  to us a worldwide, transferable, nonexclusive, right and license to use the you Marks, and to do what Gaatu, Inc. deems reasonable: (i) to permit us to provide services; and (ii) to promote, market and advertise the products and our service as provided for in agreement between the parties.
  • Notwithstanding anything to the contrary in these terms, as between the parties, we shall own any and all rights, including all intellectual property rights, in and to our service and business.
  • DMCA Notice and Takedown Procedure. We support the protection of intellectual property and asks you to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of users is infringing their intellectual property rights, they can send a DMCA Notice to our designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the materials claimed to be a copyright infringement. Once provided with a notice of takedown, the user can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
  • These Terms shall be governed by California law. At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
  • Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  • Each provision of these Terms shall be interpreted in such a manner as to be valid under California law, but if any provision of these Terms is prohibited by or invalid under California law, only that provision alone will be prohibited or invalidated, and the remaining provisions of these Terms will continue in full force and effect.
  • Your Comments and Concerns. This website is operated by Gaatu, Inc., ShipSage.com.
  • All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@shipsage.com.