Express 1 E1Shipper Terms And Conditions
E1Shipper provides small and medium sized businesses and organizations a variety of tools and resources for data collection and order routing for the purposes of product fulfillment. The following are the terms and conditions for use of the Services. By clicking the ‘Accept’ button during any E1Shipper registration, you accept these terms and conditions.
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- E1Shipper may not be used for shipping illegal substances.
- E1Shipper may only be used for lawful purposes.
2. Services and Support
2.1 The Services are provided subject to this Agreement, as it may be amended by E1Shipper, and any guidelines, rules or operating policies that E1Shipper may establish and post from time to time (the “Agreement”), including without limitation E1Shipper’s Agreement For Services, as stated in E1Shipper software or otherwise furnished to you (the “Policy”) (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the E1Shipper.com website, or otherwise providing notice to you, E1Shipper may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at E1Shipper’s website.
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
2.3 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
3. Fees and Payment
3.1 Fees will be billed monthly or your pre-paid account will be debited monthly for Services. The Fees are based on the licensed software product and any associated modules or added functionality. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by E1Shipper. The Fee Schedule, including module prices, is subject to change at any time in E1Shipper’s discretion. E1Shipper will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
3.2 Payment for Services will be made by a valid credit card accepted by E1Shipper. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize E1Shipper to charge your credit card for such amounts on a regular monthly basis. If E1Shipper is for any reason unable to effect automatic payment via your credit card, E1Shipper will attempt to notify you via email and your E1Shipper account will be disabled until payment is received. Amounts paid for the Services are not refundable.
3.3 You acknowledge and agree that you are responsible for paying Fees for the use of E1Shipper software regardless of whether the service accurately routes order information or assists in your shipping process.
4. Restrictions and Responsibilities
4.1 E1Shipper will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
4.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (”Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
4.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party.
4.4 You acknowledge and agree that the Services and the E1Shipper company names and logos and all related product and service names, design marks and slogans, are the property of E1Shipper or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of E1Shipper. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
4.5 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement. You hereby agree to indemnify and hold harmless E1Shipper and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that E1Shipper has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although E1Shipper has no obligation to monitor the goods shipped by you or your use of the Services, E1Shipper may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
4.6 The Services may only be used for lawful purposes. Transmission or shipping of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
4.7 For every form or label, electronically transmitted or physically printed, you acknowledge and agree that the Services may automatically add an identifying footer stating “Powered by E1Shipper” or a similar message. You agree to cooperate with and provide reasonable assistance to E1Shipper in promoting and advertising the Services.
4.8 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to E1Shipper. E1Shipper may use this information and any technical information about your use of the Services to tailor its presentations to you, to compile anonymous user statistics, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of E1Shipper, E1Shipper may share your information with the Marketing Partner and the Marketing Partner may share information with E1Shipper. E1Shipper will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from E1Shipper due to unsolicited commercial email being sent from your E1Shipper account.
4.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case E1Shipper’s standard rates will apply. The Marketing Partner may notify E1Shipper of any change in your status.
5.1 You may terminate this Agreement at any time by calling E1Shipper Customer Support.
5.2 E1Shipper may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. E1Shipper shall have no liability to you or any third party because of such termination or action.
5.3 If your account is classified (at E1Shipper’s sole discretion) as inactive for over 120 days, E1Shipper has the right to permanently remove your data submitted by you or otherwise obtained and stored in any TrueShi hosted service. E1Shipper will attempt to contact you via email prior to taking any permanent removal actions.
6. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. E1Shipper DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND E1Shipper DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for E1Shipper to use commercially reasonable efforts to adjust or repair the Services.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL E1Shipper OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “E1Shipper”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF E1Shipper SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, E1Shipper IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF E1Shipper TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
8. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
9.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
9.2 E1Shipper and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
9.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind E1Shipper in any respect whatsoever.
9.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.