Overview
This website is operated by ShipBuddies, LLC.
Throughout the site, the terms “we”, “us” and “our” refer to ShipBuddies, LLC. ShipBuddies,
LLC offers this website, including all information, tools, and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here. By visiting our site
and/ or purchasing something from us, you engage in our “Service” and agree to
be bound by the following terms and conditions (“Terms”) including those
additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
PLEASE NOTE, if you are a ShipBuddies Partner, and utilize our Fulfillment
Services, the duly executed ShipBuddies Services Agreement shall govern our
relationship, in addition to the Terms herein, which relate to the use of our
website. Should there be any conflicting or inconsistent terms between
these Terms and your executed ShipBuddies Services Agreement, the signed ShipBuddies
Services Agreement shall always govern our relationship and our interactions.
Please read these Terms carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms.
If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms are considered
an offer, acceptance is expressly limited to these Terms. Any new features or
tools which are added to the current site shall also be subject to the Terms.
You can review the most current version of the Terms at any time on this page.
We reserve the right to update, change or replace any part of these Terms by
posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of
those changes.
Terms
By agreeing to these Terms, you represent that
you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence, and
you have given us your consent to allow any of your minor dependents to use
this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
General Conditions
We reserve the right to refuse service to anyone
for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
Accuracy, Completeness & Timeliness of
Information
We are not responsible if information made
available on this site is not accurate, complete, or current. The material on
this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete, or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our services are subject to change
without notice. We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time. We shall
not be liable to you or to any third-party for any modification, price change, suspension,
or discontinuance of the Service.
Services
Certain products or services may be available
exclusively online through the website. These products or services may have
limited quantities and are subject to return or exchange only according to our
Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region, or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at any time without notice,
at the sole discretion of us. We reserve the right to discontinue any product
at any time. Any offer for any product or service made on this site is void
where prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
Optional Tools
We may provide you with access to third-party
tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms.
Third-Party Links
Certain content, products and services available
via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
User Comments, Feedback, & Other
Submissions
If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials, whether online,
by email, by postal mail, or otherwise (collectively, ‘comments’), you agree
that we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through
the store is governed by our Privacy Policy.
Errors, Inaccuracies, & Omissions
Occasionally there may be information on our
site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
Prohibited Uses
In addition to other prohibitions as set forth
in the Terms, you are prohibited from using the site or its content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of others; (e)
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) 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 Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of
Liability
We do not guarantee, represent or warrant that
your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and
‘as available’ for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall ShipBuddies, LLC, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, 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 the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless
ShipBuddies, LLC and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms
is determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms,
such determination shall not affect the validity and enforceability of any
other remaining provisions.
Termination
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You
may terminate these Terms at any time by notifying us that you no longer wish
to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms, we also may terminate this agreement
at any time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any
right or provision of these Terms shall not constitute a waiver of such right
or provision.
These Terms and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the site, superseding any prior or
contemporaneous agreements, communications, and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed
against the drafting party.
Governing Law
These Terms and any separate agreements whereby
we provide you Services shall be governed by and construed in accordance with
the laws of United States and the State of Florida.
Changes to Terms
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms constitutes acceptance of those changes.
Contact Information
You may contact us at [email protected] for
any questions regarding these Terms.
