These Terms of Use constitute a legally binding
agreement made between you, whether personally or on
behalf of an entity (“you”) and Laravel Shipper
("Company
," “we," “us," or
“our”), concerning your access to
and use of the
Laravel Shipper
website as well as any other media form, media channel, mobile website or mobile application
related, linked,
or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM
USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
make
changes or modifications to these Terms of Use at any time and
for any
reason. We will alert you about any changes by
updating the
“Last updated” date of these Terms of Use, and you waive any right to receive specific notice of
each
such change. Please ensure that you check the applicable Terms every time you use our Site so that
you
understand which Terms apply. You will be subject to, and will be deemed to have been made aware of
and
to have accepted, the changes in any revised Terms of Use by your continued use of the Site after
the
date such revised Terms of Use are posted.
The information provided on the Site is not
intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation
or
which would subject us to any registration requirement within such jurisdiction or country.
Accordingly,
those persons who choose to access the Site from other locations do so on their own initiative and
are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
2. INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and
trademark
laws and various other intellectual property rights and unfair competition laws of the United
States,
international copyright laws, and international conventions. The Content and the Marks are provided
on
the Site “AS IS” for your information and personal use only. Except as expressly provided in these
Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,
or
otherwise exploited for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site,
you are granted a limited license to access and use the
Site and to download or print a copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all rights not expressly granted to
you
in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with
these Terms of Use;
(2) you are not a minor in the jurisdiction in which you
reside
; (
3) you will not access the Site through automated or non-human
means, whether through a bot, script, or
otherwise; (4) you will not use the Site for any illegal or
unauthorized purpose; and (5) your use of the Site will not violate
any applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the
Site (or
any portion thereof).
You may not access or use the Site for any
purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data
or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to
learn
sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the
Site,
including features that prevent or restrict the use or copying of any
Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
- Use any
information obtained from the Site in order to harass, abuse, or harm
another
person.
-
Make improper use of our support services or submit false
reports of abuse or misconduct.
-
Use the Site in a manner inconsistent with any applicable laws
or regulations.
-
Engage in unauthorized framing of or linking to the
Site.
- Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other
material, including excessive use of capital letters and spamming
(continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use,
features,
functions, operation, or maintenance of the
Site.
- Engage in
any automated use of the system, such as using scripts to send comments
or
messages, or using any data mining, robots, or similar data gathering
and extraction tools.
-
Delete the copyright or other proprietary rights notice from
any Content.
-
Attempt to impersonate another user or person or use the
username of another user.
- Upload or
transmit (or attempt to upload or to transmit) any material that acts as
a
passive or active information collection or transmission mechanism,
including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web
bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive
collection
mechanisms” or “pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services
connected to the Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing
any portion of the Site to you.
- Attempt to
bypass any measures of the Site designed to prevent or restrict access
to the
Site, or any portion of the Site.
- Copy or
adapt the Site’s software, including but not limited to Flash, PHP,
HTML,
JavaScript, or other code.
- Except as
permitted by applicable law, decipher, decompile, disassemble, or
reverse
engineer any of the software comprising or in any way making up a part
of the Site.
- Except as
may be the result of standard search engine or Internet browser usage,
use,
launch, develop, or distribute any automated system, including without
limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses
the Site, or using
or launching any unauthorized script or other
software.
-
Use a buying agent or purchasing agent to make purchases on
the Site.
- Make any
unauthorized use of the Site, including collecting usernames and/or
email
addresses of users by electronic or other means for the purpose of
sending unsolicited
email, or creating user accounts by automated means or under false
pretenses.
- Use the Site
as part of any effort to compete with us or otherwise use the Site
and/or the
Content for any revenue-generating endeavor or commercial
enterprise.
5. USER
GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post
content. We
may provide you with the opportunity to create, submit, post, display, transmit,
perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including but not
limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or
personal information or other material (collectively, "Contributions").
Contributions may be
viewable by other users of the Site and through third-party websites. As such, any
Contributions
you transmit may be treated in accordance with the Site Privacy Policy. When you
create or make
available any Contributions, you thereby represent and warrant that:
- The creation,
distribution, transmission, public display, or performance, and the
accessing, downloading,
or copying of your Contributions do not and will not infringe the
proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret,
or moral rights
of any third party.
- You are the creator
and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Site, and other users of the
Site to use your
Contributions in any manner contemplated by the Site and these Terms of
Use.
- You have the written
consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and
every such
identifiable individual person to enable inclusion and use of your Contributions
in any manner
contemplated by the Site and these Terms of Use.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not
used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of
people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision
of these Terms of Use, or any applicable law or regulation.
Any use of the Site in
violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to use the Site.
You agree that we may access, store,
process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback
regarding the Site, you agree that we can use and share
such feedback for any purpose without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with
your
Contributions. We are not liable for any statements or representations in your Contributions
provided
by you in any area on the Site. You are solely responsible for your Contributions to the Site
and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal
action
against us regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights,
and
shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights
to any such Submissions, and you hereby warrant that any such Submissions are original with you or
that
you have the right to submit such Submissions. You agree there shall be no recourse against us for
any
alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
We reserve the right, but not the obligation,
to: (1) monitor the Site for violations of these Terms of
Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law
or
these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3)
in our sole discretion and without limitation, refuse, restrict access to, limit the availability
of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in
our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise
disable all files and content that are excessive in size or are in any way burdensome to our
systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to
facilitate
the proper functioning of the Site.
These Terms of Use shall remain in full
force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for
any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even
if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation
pursuing
civil, criminal, and injunctive redress.
10. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information
on our Site. We also reserve the right to modify or discontinue all or part of the Site without
notice
at any time. We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot guarantee the Site will be
available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions,
delays,
or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify
the Site at any time or for any reason without notice to you. You agree that we have no
liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Site
during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be
construed to
obligate us to maintain and support the Site or to supply any corrections, updates, or releases
in
connection therewith.
These Terms shall be governed by and defined following the laws of
Laravel Shipper
.
Laravel Shipper
and yourself irrevocably consent that the courts of
Laravel Shipper
shall
have exclusive jurisdiction to resolve any dispute which may arise in connection with these
terms.
Any dispute arising
out of or in connection with this contract, including any question regarding
its
existence, validity or termination, shall be referred to and finally
resolved by the
International Commercial Arbitration Court under the European Arbitration
Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as
a result of
referring to it, is considered as the part of this clause. The number of
arbitrators shall be Laravel Shipper.
The seat, or legal place, of arbitration shall be
Laravel Shipper
. The language of the proceedings shall be
Laravel Shipper.
The governing law of the contract shall be the substantive law of
Laravel Shipper
.
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any
other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right
or authority
for any Dispute to be brought in a purported representative capacity on behalf of
the general
public or any other persons.
Exceptions to Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning
binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning
the validity
of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim
for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree
to submit to
the personal jurisdiction of that court.
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right
to
correct any errors, inaccuracies, or omissions and to change or update the information on the Site
at any
time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE
DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY
A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
OR
Laravel Shipper
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of
our respective officers, agents, partners, and employees, from and against any loss, damage,
liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of:
(1) use of the Site; (2) breach of these Terms of Use;
(3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your violation
of the rights of a third party, including but not limited to intellectual property
rights; or (5) any overt harmful act toward any other user
of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the
right,
at your expense, to assume the exclusive defense and control of any matter for which you are
required
to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is subject
to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit
to the Site for the purpose of managing the performance
of the Site, as well as data relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have no liability to you for
any
loss or corruption of any such data, and you hereby waive any right of action against us arising
from any
such loss or corruption of such data.
18. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive
any
rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records,
or
to payments or the granting of credits by any means other than electronic means.
These Terms of Use and any policies or
operating rules posted by us on the Site or in respect to the
Site constitute the entire agreement and understanding between you and us. Our failure to exercise
or
enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or
all
of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision
or
part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use and does not affect
the
validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Terms of Use or
use of
the Site. You agree that these Terms of Use will not be construed against us by virtue of having
drafted
them. You hereby waive any and all defenses you may have based on the electronic form of these Terms
of
Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding
the Site or to receive further information regarding use of
the Site, please contact us at:
Laravel Shipper
Laravel Shipper
Laravel Shipper