TERMS & CONDITIONS for USE of eShipPlus WEB SITE

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS AND CONDITIONS (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. Scope

These Terms of Use govern Your use of the Web Site and all applications, software, and services ("Services") available on the Web Site.

2. Modification

eShipPlus may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of eShipPlus. eShipPlus may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion.

3. License and Ownership

Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of eShipPlus, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. The Components of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of eShipPlus, its affiliates or other entities that have granted eShipPlus the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of eShipPlus. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without eShipPlus' or the appropriate third party's prior written permission. Except as expressly provided herein, eShipPlus does not grant to You any express or implied rights to eShipPlus' or any third party's Intellectual Property. eShipPlus grants You a limited, personal, nontransferable, nonassignable, revocable license to (a) access and use the Web Site, Content and Services only in the manner presented by eShipPlus, and (b) access and use the eShipPlus computer and network services offered within the Web Site (the " eShipPlus Systems") only in the manner expressly permitted by eShipPlus. Except for this limited license, eShipPlus does not convey any interest in or to the eShipPlus Systems, information or data available via the eShipPlus Systems (the "Information"), Content, Services, Web Site or any other eShipPlus property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold, redistributed, reverse-engineered without the prior written consent of eShipPlus. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by eShipPlus.

4. Prohibited Uses

In addition to other conditions set forth in these Terms of Use, You agree that:

  1. You shall not disguise the origin of information transmitted through the Web Site.
  2. You will not place false or misleading information on the Web Site.
  3. You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by eShipPlus
  4. You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
  5. Certain areas of the Web Site are restricted to customers of eShipPlus.
  6. You may not use or access the Web Site or the eShipPlus Systems or Services in any way that, in eShipPlus' judgment, adversely affects the performance or function of the eShipPlus Systems, Services or the Web Site or interferes with the ability of authorized parties to access the eShipPlus Systems, Services or the Web Site.
  7. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of eShipPlus.
  8. You may not use for any type of illegal or criminal activity.

5. Eligibility

The Web Site is provided by eShipPlus and available only to entities and persons over the legal age of majority who can form legally binding contract(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site.

6. Termination

You agree that eShipPlus, in its sole discretion, may terminate or suspend Your use of the Web Site, the eShipPlus Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the eShipPlus Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that eShipPlus shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the eShipPlus Systems, Information and/or the Services.

7. Disclaimer of Warranties

eShipPlus MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE eShipPlus SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE WEB SITE, THE eShipPlus SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. eShipPlus, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. eShipPlus AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE eShipPlus SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY eShipPlus IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT eShipPlus IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, eShipPlus IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL eShipPlus, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE eShipPlus SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT eShipPlus IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

9. Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the laws of the Commonwealth of Pennsylvania. To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the web site, the eShipPlus systems, information, services and content shall be instituted in a state or federal court located in the county of Erie and the Commonwealth of Pennsylvania and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the web site, the eShipPlus systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.

10. General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. Complete Agreement

Except as expressly provided in a separate license, service or other written agreement between you and eShipPlus, these terms of use constitute the entire agreement between you and eShipPlus with respect to the use of the web site, the eShipPlus systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.