Shipito条款和条件

Shipito条款和条件

Introduction

Shipito.com offers a service for package and mail forwarding from the U.S. to other countries throughout the world. Once your account is activated, we will send you a U.S. address that you can use to receive your packages. You will also be given a Shipito Account Page that you can access through Shipito.com. When Shipito receives a package addressed to you, we will notify you by email and post the package on your Shipito Account Page. After you fund your account and complete the customs forms and forwarding confirmation, we will send the package on to your address in your home country in accordance with your instructions. Shipito offers two different types of accounts: Individual Packages and Virtual Mailbox. With an Individual Package account, your shipment will be sent to you in the same package that we receive. With a Virtual Mailbox, we will consolidate multiple packages into a new box, which can save you substantial shipping costs.

User Agreement

This User Agreement (“Agreement“) is a legal agreement between you (referred to as “you” or “Customer”) and Global Access, the company that owns Shipito (“Shipito” or “us“). This Agreement governs your use of the Shipito website, referred to in this Agreement as “Shipito.com” or the “Site.” All services provided by Shipito are described in Shipito.com and are collectively referred to in this Agreement as “Services.” As a condition of your use of this Site, you represent and warrant to Shipito that you will not use this Site or the Services for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

This Agreement supplements the terms and conditions of the Services described in the Site. By accessing the Site or opening a new account with Shipito.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use Shipito.com.

We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on Shipito.com, which take effect when we post them. By continuing to access or use Shipito.com after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE SHIPITO.COM. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. BY USING THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. TO USE THE SERVICE, YOU MUST BE AT LEAST 18 YEARS OLD.

Our Privacy Policy

The information that we obtain through your use of any portion of the Site, whether through the registration process or otherwise, is subject to the privacy policy posted on the Site (“Privacy Policy“), which is incorporated within this Agreement by reference. You may access the Shipito Privacy Policy by clicking on this link: Privacy Policy. The Privacy Policy describes our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site. Shipito will not share, rent or lease your personal information to any third party for their independent use or benefit. Information we collect from you is used to process your orders, ship products, verify accounts, which is basically what we need to do our job. We don’t save or store complete credit card numbers to further protect your security and privacy.

Shipito Site

No License

Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Shipito’s content or any third party’s content. Any rights not expressly granted herein are reserved.

You agree not to use the Site or the Services to:

  • Harm or threaten to harm Shipito or users in any way, including by using information you find here to compete against Shipito;
  • Impersonate any person or entity (including Shipito or its agent), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other rights.
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge Internet protocol headers or otherwise manipulate identifying information in order to disguise your identity;
  • Provide fraudulent, inaccurate, or incomplete information to Shipito or any shipping service or government agency;
  • Interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • Collect or store personal data about other users;
  • Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
  • or Post or cause to be uploaded to Shipito’s computer servers or network any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

No Automated Queries

You may not send automated queries of any sort to the Site without express permission in advance from Shipito. Note that “sending automated queries” includes, among other things:

  • using any software that sends queries to the Site to determine how a website or web page “ranks” for various queries;
  • “meta-searching”; and
  • performing “offline” searches on any Shipito web site.

No Copies

You may not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the Services or the Site, or remove or obscure the copyright notice or other notices displayed on the Site. Except as provided above, you may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Shipito or the copyright holder identified in the relevant copyright notice.

Copyrights

All content available on Shipito.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by Shipito, with all rights reserved, or is the property of Shipito or third parties protected by intellectual property rights.

Shipito, Shipito.com, and Global Access are service marks of Global Access. Shipito service marks/trademarks may not be used in connection with any product or service that is not provided by Shipito, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Shipito.

If you believe content on Shipito.com infringes your copyright, you should send notice of copyright infringement to Shipito’s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

  1. All content available on Shipito.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by Shipito, with all rights reserved, or is the property of Shipito or third parties protected by intellectual property rights.
  2. Shipito, Shipito.com, and Global Access are service marks of Global Access. Shipito service marks/trademarks may not be used in connection with any product or service that is not provided by Shipito, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Shipito.
  3. If you believe content on Shipito.com infringes your copyright, you should send notice of copyright infringement to Shipito’s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:
  4. A 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.
  5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
  6. Your signature.

The notice should be mailed to:

Global Access. Attn: Copyright Agent, 3501 Jack Northrup Ave., Hawthorne, CA 90250 U.S.A.
or sent via fax to Fax Number: (310) 531- 7389 (Attn: Copyright Agent)
or via email to copyright@Shipito.com.

Upon receipt of notice as described above, Shipito.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Shipito.com.

Trademarks

We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our sites without the prior written consent of the owner of the mark. Shipito does not control and assumes no responsibility for content that appears on a third party’s website that may be accessed via Shipito.com, and trademark owners should contact third-party sites directly to resolve trademark disputes.

If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on Shipito.com, or if you believe that we have improperly used your registered trademark to promote Shipito.com on a third-party website, please provide the following information in a signed letter on company stationery:

  1. Name of Company
  2. Contact information (including email address)
  3. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
  4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
  5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
  6. Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
  7. Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
  8. Your signature

Send this written communication with the above information to the following address:

Global Access Attn: Trademark Complaints, 3501 Jack Northrup Ave., Hawthorne, CA 90250 U.S.A.
or sent via fax to Fax Number: (xxx) (866) 874-8803 (Attn: Trademark Complaints)
or via email to copyright@Shipito.com.

Upon receipt of notice as described above, Shipito.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Shipito.com. In the event that the challenged content has been provided to Shipito by a third party and in Shipito’ sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration, Shipito will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, Shipito will not remove the content.

Notwithstanding the foregoing, Shipito will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

The Shipito Service

Registration.

Before you use the Services, you must open a Shipito Account by completing the Shipito Account Set Up form with true, accurate, current and complete information about yourself (the “Registration Information”). You agree to maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Shipito has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, Shipito has the right to suspend or terminate your access and refuse you any and all use of the Site and the Services.

Fraud Prevention

Shipito is continually working to prevent payment fraud. Three of the most important fraud prevention measures that we use are passwords, account verification, and spending limits. Also we require that all items you send to us are fully paid to the seller.

密码

When your registration is complete, you may access your Shipito Account Page and other secure areas of Shipito.com using a password. You are responsible for safeguarding the password. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Shipito.com of any unauthorized use of your password.

Account Verification

After registering an account with Shipito, you will be asked to submit various forms of identification, as set forth on your Shipito Account Page. These forms of identification may include a drivers license, passport, utility bills and a US Postal Service Form 1583. The more forms of identification that you send to us, the higher your Verification Status will be. Customers with a low Verification Status pose a much higher risk for us. We reduce that risk by imposing certain limits on those accounts. This system reduces fraud and enables us to keep our prices low. We encourage our customers to raise their Verification Status as much as possible, which will enable us to remove restrictions on the account.

Spending Limits

In order to reduce our exposure to the risk of fraud from unproven and unverified accounts, all accounts have a spending limit. This limit applies to the total amount that you may spend each month at Shipito on products, postage, fees, etc. Your spending limit is set forth on your Shipito Account Page. You can raise your spending limit by raising your Verification Status and by completing successful transactions with us. We recognize that this limit is a burden for our customers and that we may lose business from honest customers who want to spend more with us. However, we have found that this is the best way for us to limit the use of stolen credit cards and other fraud methods on our Site.

Security Hold

Occasionally discrepancies or other problems with account status and payments arise that cause us to put a Security Hold on the account. While on Security Hold, we will not incur any expenses on the account, including shipping expenses. We will keep you informed of the status of the Security Hold and let you know how you can help us to clear it up.

USA Export Regulations

Customer must export products from the United States in accordance with all applicable United States export control laws and regulations including regulations administered by the U.S. Department of Commerce, U.S. Department of State, and the U.S. Department of Treasury. As a customer of Shipito and/or Global Access, you agree not to export, re-export, or transship these commodities to any country that the United States has imposed an embargo or trade sanction upon, including but not limited to Cuba, Iran, Iraq, North Korea, Somalia and Sudan or any destination for which United States requires an export license without first obtaining such license(s). Diversion of these commodities contrary to the United States law is prohibited. Any and all export license requirements are the sole responsibility of the individual and/or entity in contractual agreement with Shipito and/or Global Access.

Packages versus Letters and Magazines

Most Shipito customers use our service for packages only and not for forwarding of letters or magazines. For this reason, and because there are special requirements for receiving and forwarding US Mail, our default procedure is to discard (trash) all mail that we receive. However, if you would like us to receive and forward letters and/or magazines for you, simply note this on your Shipito Account Page. In order to be eligible for forwarding of letters, your account verification must include a notarized Form 1583 and two additional forms of identification. If we do not have these documents on file, we will discard your mail.

Addresses

Each package that you have sent to Shipito must be addressed correctly. Your correct name and Shipito mailbox/suite number must be written on each package. If a package arrives with an incorrect or incomplete address (for example missing mailbox number or an unknown or misspelled name), Shipito will try to determine whom it belongs to. If Shipito is able to determine the owner of the package, it will be entered in to the correct mailbox and we will charge an $5 address correction fee. If the owner cannot be determined and a claim with tracking information is not provided within 10 days of the package’s arrival, the package will be liquidated.

Multiple Package Charge

If you use our Individual Package Service, each individual package that is received by Shipito will be sent to you in its original packaging (as it is received). Some online stores will ship a single order using multiple packages. In such cases, Shipito will send each individual package to you and we will charge you for each package. If you use our Virtual Mailbox service, the separate packages can usually be consolidated.

Storage

Shipito will store your packages in our warehouse for up to 90 days without charge while we wait to receive all of the required fees and customs forms for shipping, and any additional packages that are to be consolidated.

Individual Package Accounts

Storage is limited to one package at a time in your mailbox, regardless of size. If you want to receive more than one package at the same time, you need to upgrade to a Virtual Mailbox.

Virtual Mailbox Account

Storage is limited to 18 cubic feet. It is enough space to fit three huge 36"x17"x17" boxes (or many more smaller boxes). If the volume is not enough, you can double the size of your virtual mailbox for just $25 per month.

Abandoned Packages

If we receive a package but do not receive the required fees and documents from you within 90 days, we will deem the package to be abandoned. Shipito will sell abandoned packages at public auction or private sale, without further notice to you.

Package Refusal

Shipito is not able to refuse any selected package due to the volume of packages we receive each day.

Oversize Packages

Oversize packages are any package over the size or weight limit of shipping methods shown in the Shipito calculator. Oversize packages will need to be divided, reduced, trashed or returned to the sender.

Photographs of Packages

For a small fee, Shipito will photograph the contents of a package, which will let you know whether your store has properly filled your order, whether all your items have arrived, and to protect you in case any of your items are lost or damaged in shipping. Note that if you request One photo request and the contents of package does not fit within an area of 36×36 inches, we change to a Multiple photos request and charge accordingly.

Consolidation and Repacking

Consolidation of multiple packages into one box can save substantially on shipping costs. Virtual Mailbox customers can request that goods be consolidated, either with or without the original packaging. If requesting consolidation, please note the following:

Shipito doesn’t recommend consolidation of packages into a box larger than 26″x13″x13″ which is the USPS size limit. Big and heavy packages are more easily damaged in shipment. Shipito will consolidate bigger packages only on customer request, but is not responsible for shipping damages.

If packages don’t fit in the selected box size, they will be included in an additional box, unless you ask us to continue to store them for you.

Shipito is not responsible for items missing from a consolidated package without proof that the missing item was received by us. Accordingly, we strongly urge you to submit a special request for Shipito check and photograph the contents of each package upon arrival and again during consolidation to make sure all items are included. Stores make mistakes and a special request is the only way how to find out if any items are missing before they are forwarded to you. Note, however, that these special requests cannot be made for packages that have already been consolidated. Special requests must be made for individual packages before consolidation or through special requests made through the consolidation page.

Unless you request otherwise, we will remove all catalogs during consolidation. Catalogs are heavy, adding to shipping costs, and most customers want them removed.

If you believe that we have made a mistake in the consolidation, weighing or processing of any other special request, you may place another special request ($5) asking for us to double-check. If we find that we did make a mistake, you will not be charged for the special request.

Assisted Purchases.

Shipito can assist you to purchase products in the US. The Assisted Purchase fees are described on our website. Note that Shipito's sole responsibility is to act as your agent in making a purchase based on your instructions. We are not responsible for quality of the goods, warranties, delivery issues, back up orders, etc. Shipito is not responsible if the purchase cannot be made for any reason. If we are unable to purchase 50% or more of the items requested, whether because of unavailability or insufficient information, the entire purchase will be canceled. If we are able to purchase at least 50% of the items requested, we will proceed with the purchase.

Costs

The costs for the Shipito services are listed on the Site.

Funding Your Account

Customers must make payments for postage and deposit payments from his/her own credit, debit, or other bank account(s). The account must be under the same name as the Shipito.com account. Shipito.com reserves the right to put accounts on Security Hold due to any discrepancy in any account.

The best way to fund your account is with a wire transfer. Shipito is not able to identify ACH payments (direct transfers from other U.S. accounts to our account). Accordingly, we don't accept payments through direct deposit (ACH) or any other payment method not offered directly through our system. ACH and other unsupported payments will be charged penalty of minimum $50.00 plus our time to research where the payment came from.

If your Virtual Mailbox subscription expires, it will be automatically renewed unless you notify us otherwise. If there is more than one package on your account, your account cannot be downgraded to Individual packages and will be automatically extended even if you do not currently have sufficient funds to renew. If there are insufficient funds in your account to renew and you have only one or no package in your mailbox, the account will be switched to Individual Package plan.

Service Fee

A service fee of 4.3% is added to the cost of postage. If you fund your account by wire transfer or Bitcoin, however, we will automatically credit your account with an additional 4.3% more than the amount you send us.

Wire Transfer Fee

A fee of $16 for each incoming wire transfer is assessed by our bank and charged to the customer.

Assisted Purchases Fee

Assisted purchase charges are subject to a 4.3% service fee and are subject to your account spending limits.

Refunds

Payment for Virtual Mailbox is not refundable. Payment for deposit or postage is refundable. We charge $5 administrative fee per each individual payment/order refunded plus the cost of the refund (for example bank fee for wire transfer). Shipito will charge a fee for every charge-back/payment reversal on customer account. Charge-back/reversal fee for PayPal payments is $20 and charge-back/reversal fee on credit card payments is $35. Shipito also charges 4.3% of the refund amount plus $5 on all refunds.

Dormant Accounts

Accounts with inactivity of greater than 5 years will be deemed dormant or abandoned. Account balances for dormant or abandoned accounts will be forfeited and your account closed. You may have your account balance refunded at any time prior to 5 years of inactivity. Please refer to our Refunds policy on this page for more details.

Billing Problems

Customer is responsible for reviewing all charges. Discrepancies in billing must be reported to Shipito within 10 days of the billing date. After 10 days, no charges refundable.

Customer Responsibilities

Import and Export Documentation

The customer is responsible for determining and following the regulations for their shipments, including all customs requirements of the destination country. Shipito does not guarantee delivery of packages that do not comply with U.S. export regulations or the import regulations of the country to which they are sent.

You are responsible for the accuracy of all customs declarations and documentation and for all customs duties in the destination country. Any such duties or charges are in addition to the fees earned by Shipito for its package/mail forwarding service.

You acknowledge that you have a duty to and are solely liable for providing all information required by the laws of the country that is the final destination of your package and the laws and regulations of the United States, including without limitation, information required by 15 CFR sec. 30 and that you are responsible for maintaining all records as required under any applicable customs or other government agency laws. Shipito assumes no responsibility to act as a record-keeper or record-keeping agent for you or the USPPI. You are responsible to supply to Shipito all information regarding the USPPI, including its name and employer identification number (EIN), and the ECCN, Schedule B classification and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Statistics Regulations (FTSR).

Shipping

Shipito ships only by the shipping methods offered in the shipping calculator shown on Shipito.com. Shipito is not responsible for the actual shipping service that is chosen by you. All terms and conditions of the selected shipping service (USPS, FedEx, etc.) apply to you. You are responsible for assuring that the shipping of your package is not restricted by its contents, size or volume.

You authorize Shipito to open packages if there is a suspicion about content of the package (illegal goods) or any practical reason.

Any problem with received package must be reported within 10 days of delivery. Airmail Economy does not provide proof of mailing, insurance or tracking features.

Other Rules.

You agree to comply with all laws and regulations applicable to your access and use of Shipito.com. You may not harvest personal data (including email addresses) from Shipito.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Shipito has no obligation to monitor your access to or use of Shipito.com, but has the right to do so for the purpose of operating Shipito.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access Shipito.com or collect information from it.

Shipito Liability

Shipito’s responsibility for shipped packages shall not exceed the amount of handling fees (excluding actual shipping fees).

Customer shall indemnify and hold Shipito harmless from any and all claims, including legal fees incurred in defending against said claims, from third parties arising out of the transmission of the package/mail sent by customer through Shipito.

Shipito shall not be responsible for any damage from an error or omission caused by you providing false or incorrect information or for failing to provide all necessary information.

Problems with Delivery

You are responsible for confirming that the package that arrived in our warehouse is the same one that you ordered. Shipito provides photos of the incoming package so you can double check that the correct package is received based on the address and tracking number. Shipito will close account of dishonest customers who fill out customs and ask us to mail out packages that belong to a different customer. Further, you must immediately notify Shipito in case you receive an incorrect package. Mistakes happen. Stores sometimes confuse customer names or misprint the mailbox number. Therefore, we expect every customer to extend the courtesy and inform us immediately so we can arrange for forwarding of package to the correct customer.

Missing and Lost Packages

In case of lost or damaged package please use your account to file a claim. False claims will be charged minimum $5 plus Shipito's investigation expenses. All claims for lost or damaged packages must be reported to Shipito within 10 days. Otherwise they will be automatically denied. Packages are insured by combination of carrier shipping insurance and Shipito's private insurance. Insurance for packages lost in the warehouse or lost during the shipping covers only the value entered in the customs declaration. You have to be able to prove value entered by invoice or order. If you claim lower value in customs declaration that is what you get paid! You have to support insurance claims for lost or damaged items with a proof that those items were really received at our warehouse and were in good condition. The best way is to let us take content photos of your incoming packages or use special request to inspect content. See how to avoid problems.

Delay in locating your package.

Sometimes Shipito needs more time to locate your package in our warehouse. Shipito cannot offer any additional compensation for the delay or provide free postage if such package is mailed to you later. If we send a package to the wrong address then we do everything to get the package to the correct customer. We will cover the cost of shipping and handling, but we will not compensate for delays or inconvenience. If we cannot get package to the correct person we will compensate for the content, our fees and postage. We process such claims in 30 days.

Termination

You agree that Shipito, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any content within the Services, for any reason, including, without limitation, for lack of use or if Shipito believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that Shipito may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. If you use the Site in violation of this Agreement, Shipito may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Shipito shall not be liable to you or any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages. If Shipito terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold Shipito harmless and your agreement that any claims you have against Shipito will be barred after one year from the date they accrue, will survive such termination.

You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement).

Miscellaneous

Indemnity

By choosing to use Shipito.com, you agree to indemnify Shipito, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney’s fees, made by third parties due to or arising out of 1) content you choose to submit, post or transmit through Shipito.com; 2) your use of or connection to Shipito.com; 3) your violation of the User Agreement; or 4) your violation of any rights of another.

Release.

In the event that you have a dispute with one or more users (including merchants and service professionals) of Shipito.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge Shipito, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

Liability Limits.

Shipito and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with the Site or Shipito or its parent, subsidiary or affiliate companies, or our services or this Agreement. In no event will we or our suppliers be liable to you for more than $100.

Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

Governing Law.

You agree not take any legal action against us that relates to or arises out of any of our websites without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to dispute at Shipito.com, or such other designee as Shipito may identify from time to time. This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws.

Entire Agreement

This Agreement, and our Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.

Disclaimer of Warranties.

Shipito.com and its services are provided “as is,” without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. Shipito.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on Shipito.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Shipito liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on Shipito.com. In addition, Shipito does not endorse, warrant or guarantee the products or services of any seller or service professional. Nothing on Shipito.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.

Assignment.

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Shipito, in its sole discretion, to a third party. You may not assign your obligations to another entity.

No Agency.

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances.

Force Majeure

We shall be excused for any problem caused by a factor beyond our control.

Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

No Waiver

Any waiver of any provision of this Agreement will be effective only if in writing and signed by Shipito.

ACKNOWLEDGMENT BY PRIVATE MAILBOX SERVICE CUSTOMERS
This acknowledgment is required by Section 17538.5 of the Business and Professions Code.

Any person obtaining private mailbox receiving service in the State of California must read and acknowledge receipt of the following statement, which is to be kept on file at this CMRA and will be made available, upon demand, to the Department of Consumer Affairs or any law enforcement agency conducting an investigation.

By requesting and obtaining use of a private mailbox receiving service in the State of California, I acknowledge that:

  1. I am obligated to disclose my actual home address or place of residence on a USPS Form 1583 or other form as may later be developed and I further agree that I will provide prompt written notice to this CMRA of any subsequent change in my home address or place of residence.
  2. By signing below, I irrevocably authorize this CMRA to act as my agent for service of process to receive any legal documents that may be served upon me. This authorization shall continue from the date of this agreement until two years after my mail receiving service has been terminated. I understand that this CMRA will (A) place a copy of the documents or a notice that the documents were received into my mailbox or other place where I usually receive my mail, unless my mail receiving service has been terminated, and (B) send all documents by first-class mail to the home or other address last known to the CMRA.
  3. I further acknowledge that I understand that use of a private mailbox receiving service for commercial purposes in the State of California requires the user to comply with all applicable laws, including Section 17538.5 of the Business and Professions Code and laws prohibiting unfair competition and false advertising as set forth in Sections 17200 and 17500 of the Business and Professions Code. Violation of these laws may result in criminal or civil penalties or both. I understand that the United States Postal Service Form 1583 that must be prepared for each private mailbox receiving service customer shall be delivered to the local United States Post Office and a copy of the form must be retained by this CMRA and made available upon demand to the Department of Consumer Affairs or any law enforcement agency conducting an investigation. I hereby agree to accept and abide by the foregoing requirements.
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