Terms of Service
Last Updated December 16, 2015
Shiprack's Services to You
Collection and Storage of Information
In order to register to use Shiprack, you provide certain information about yourself. You agree to: (a) provide true, accurate, current, and complete information as requested, and (b) keep your information accurate, current, and complete. If Shiprack has reasonable grounds to believe that your information is untrue, Shiprack may suspend or terminate your account. We reserve the right to reclaim usernames.
Account, Password, and Security
You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. You agree to not hold Shiprack liable for any loss or damage arising from or relating to your failure to properly safeguard your account or password. Please immediately notify Shiprack of any unauthorized use of your password or account.
Your Use of Shiprack
Shiprack is provided for informational purposes only. You understand that all information, data, text, messages, etc., that appear in your account ("Content"), whether gathered by Shiprack from email receipts, or posted by you, are the sole responsibility of the person or entity from whom such Content originated. Shiprack does not guarantee the accuracy, integrity, or quality of any Content. Under no circumstances will Shiprack be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of Shiprack. You agree to not use Shiprack to: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan, or test the vulnerability of Shiprack's system; (d) breach security or authentication measures; (e) send promotions and/or advertising products and/or services; (f) attempt to interfere with or disrupt the service or servers or networks connected to Shiprack; (g) upload, post, email, transmit, or otherwise make available any Content that (i) is unlawful, harmful, tortious, defamatory, libelous, invasive of another's privacy, or otherwise is objectionable, (ii) you do not solely have the right to make available, or (iii) infringes an intellectual property right of any party; or (h) violate or attempt to violate any applicable local, state, national or international law, or regulation. Shiprack and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, prevent, or restrict access to Content without further notice. Shiprack and its designees shall have the right to remove or prevent access to any or all Content that violates (or is alleged to violate) the TOS or is otherwise objectionable.Shiprack may access, preserve, and disclose your account information and Content if required to do so by law or if such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Shiprack, its users, and the public. You authorize Shiprack to access information maintained by identified third parties (e.g., the merchants that send you email receipts and related information, or shipping companies that provide package tracking information), on your behalf as your agent. Solely to provide you the services of Shiprack (for example, shipment tracking information), you grant Shiprack a limited power of attorney, and appoint Shiprack as your attorney-in-fact and agent, to access third-party websites (such as UPS, for example), retrieve, and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when Shiprack is accessing and retrieving information from third-party websites, Shiprack is acting as your agent, and not as the agent of or on behalf of the third party. Your, or the third party licensor, retain all copyright, patent, and trademark rights to any of the information we access on your behalf. By authorizing Shiprack to access the information, you grant Shiprack a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, create derivative works of, and otherwise use, modify, and exploit the information without compensation to you for the purposes of providing Shiprack services. You waive any rights you may have regarding the information being altered or manipulated in any way that may be objectionable to you. When we track shipments or order status, we do so with your permission and on your behalf. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on Shiprack, in whole or in part, is strictly prohibited.
If you believe that any Content or other material provided through Shiprack, including through a link, infringes your copyright, you should notify Shiprack via email to Shiprack's Designated Copyright Agent at [email protected] (subject line: "DMCA Notification"). To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on Shiprack that is reasonably sufficient to enable Shiprack to identify and locate the material; (d) how Shiprack can contact you (your address, telephone number, and email address); (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Suggestions to Shiprack
If you submit suggestions to Shiprack through feedback or otherwise, you acknowledge and agree that: (a) your suggestions do not contain confidential or proprietary information; (b) Shiprack is not under any obligation of confidentiality with respect to the suggestions; (c) Shiprack shall be entitled to use or disclose (or choose not to use or disclose) such suggestions; (d) Shiprack may have something similar to the suggestions already under consideration; (e) your suggestions become the property of Shiprack without any obligation of Shiprack to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Shiprack under any circumstances.
Modification to Shiprack
Shiprack may modify, terminate, suspend, or otherwise adjust functions or features, without prior notice.
Shiprack may terminate your Shiprack account and access without prior notice. You may close your Shiprack account by contacting Customer Service.
Shiprack may provide, or third parties may provide, links to other websites or resources. Shiprack is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content available from such websites or resources.
Shiprack may be available to you with or without charge. You will have the opportunity to opt-in to any enhanced account and/or fee-based versions of Shiprack that may become available.
Shiprack's Proprietary Rights
Shiprack contains and uses intellectual property that is proprietary and contains trade secrets that are protected by applicable laws. You acknowledge and agree that Content contained or information presented to you through Shiprack is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights. Unauthorized use of the Content is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of the Content.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SHIPRACK SERVICE IS AT YOUR SOLE RISK, SHIPRACK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SHIPRACK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) SHIPRACK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SHIPRACK SERVICE WILL MEET YOUR REQUIREMENTS, (ii) SHIPRACK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SHIPRACK WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SHIPRACK WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SHIPRACK IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. SHIPRACK EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) PUSH NOTIFICATIONS TO MOBILE DEVICES, AND (ii) PHYSICAL MERCHANT RECEIPT INTEGRATION. Shiprack assumes no responsibility for, among other things, the availability of the service or the timeliness or completeness of information displayed.
Limitation of Liability and Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHIPRACK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHIPRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SHIPRACK; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF SHIPRACK; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SHIPRACK; OR (v) ANY OTHER MATTER RELATING TO SHIPRACK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. You further agree and understand that Shiprack has no liability for the loss of any information you may chose to store in your Shiprack account in your computer or mobile device, in the event your computer or mobile device is sold, lost or stolen. You agree to indemnify and hold Shiprack and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Shiprack.
SHIPRACK, the Shiprack Logo, and other Shiprack logos and product and service names are or may be trademarks of Shiprack, Inc. (the "Shiprack Marks"). Without Shiprack's prior written permission, and except as solely enabled by any link as provided by Shiprack, you agree not to display or use in any manner the Shiprack Marks.
The TOS constitutes the entire agreement between you and Shiprack concerning your use of Shiprack, superseding any prior agreements between you and Shiprack regarding Shiprack. If our TOS are materially changed we will immediately post a notification on this website. Your continued use of Shiprack will constitute your acceptance of any such changed TOS. The TOS and the relationship between you and Shiprack shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Shiprack agree to submit to the personal and exclusive arbitration of any disputes arising out of and relating to your use of Shiprack under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of Cook, Illinois. You covenant not to sue Shiprack in any other forum. The failure of Shiprack to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect. You also acknowledge and understand that, with respect to any dispute with Shiprack, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of Shiprack or these TOS: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.