You acknowledge and agree that ShipWit.com shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates the Terms or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that ShipWit.com may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ShipWit.com, its users and the public.
Eligibility, Access, Use and Service
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with the Terms and any posted policies and procedures that appear on the ShipWit.com web site (the “Web Site”). Any use of the Web Site is at your sole risk and responsibility. Subject to the Terms, you may (i) display the Web Site on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under United States copyright law, print copies of insubstantial portions of the Web Site.
(c) Prohibited Uses. Except as expressly permitted in the Terms, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (b) delete or revise any material or other information of any other user of ShipWit.com; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from ShipWit.com on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
(d) Web Site Security. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. ShipWit.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. ShipWit.com reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. ShipWit.com will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
(e) Operation of Web Site. ShipWit.com shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. ShipWit.com reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although ShipWit.com intends to use commercially reasonable efforts to make the Web Site and Service accessible, ShipWit.com makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. ShipWit.com may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. ShipWit.com shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
Registration, Password, User Identity
(a) Your User Identity. When you register for the Service, you will create a user identity (your “User Identity”), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.
(b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with the Terms, your User Identity, registration identification and password for the Web Site. You shall immediately notify ShipWit.com if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, ShipWit.com may impose on you, at ShipWit.com's sole discretion, additional security obligations.
(c) Security Breaches and Revision. If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform ShipWit.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Ownership, Rights to Use
(a) Web Site and Service Generally. Except as expressly contemplated under the Terms, as between ShipWit.com and you, ShipWit.com will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of ShipWit.com, including “ShipWit.com”, without the prior written consent of ShipWit.com, as determined in its sole discretion, for each such use.
(b) Submissions. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the “Client Information”), ShipWit.com and its agents shall have all rights and licenses necessary to use such Client Information as described in the Project Agreement. Each authorized person to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
Nondisclosure and Privacy
Disclaimers, Indemnification, Limitations of Liability
(a) Responsibility for Content. ShipWit.com shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, ShipWit.com makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by registered Service users, ShipWit.com or otherwise, nor does ShipWit.com endorse any opinions expressed by any user of the Web Site.
(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the “Linked Content”). The Linked Content is not under the control of ShipWit.com and ShipWit.com is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. ShipWit.com is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by ShipWit.com of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS.” SHIPWIT.COM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. SHIPWIT.COM DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHIPWIT.COM DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SHIPWIT.COM OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Service serves solely as a venue for the creation of work and ShipWit.com does not regularly screen or censor any information or material posted to the Web Site. Although ShipWit.com makes commercially reasonable efforts to determine the identity of its clients, ShipWit.com cannot and does not confirm that any client or other user is who they claim to be or that any client or other user has the qualifications he or she claims to have. Because ShipWit.com does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release ShipWit.com (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: “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.”
(e) Limitation of Damages. IN NO EVENT SHALL SHIPWIT.COM OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE).
By registering for the Service, you agree to post and receive all necessary communications, including all Briefs and Responses, electronically through the Web Site.
FEES AND PAYMENT TERMS
ShipWit.com will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by valid debit/credit card. You are responsible for paying any and all fees and charges that are not outlined in this Agreement. Such fees and charges shall include, but are not limited to, storage fees, if the vehicle is not scheduled as an inoperable vehicle but turns out to be and if there is more than 200lbs of personal items inside the vehicle additional charges may incur. Please let us or your agent know of such in advance to avoid any unnecessary fees and charges.
REFUND & CANCELLATION POLICY
Refunds are issued at any time prior to an actual carrier being assigned and scheduled to pick up your vehicle. Once a driver is in route to pick up the vehicle, and if you request cancellation after the driver arrives, we will have to retain the reservation charge in order to pay the driver for time and fuel lost on the shipment. To avoid any unnecessary charges, please make your cancellation requests prior to the vehicle being dispatched for pickup.
If we receive a chargeback or payment dispute (i.e. charge dispute) from a credit card company or bank a $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in order to avoid being placed in collections. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a dispute for a valid charge from us is FRAUD, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
All cancellations must be made directly over the phone or in writing via email to firstname.lastname@example.org. Cancellation requests will only be processed if made by the initial authorizing party and if received in writing or via email from the registered email account. Once a cancellation request is made, it is the initial authorizing party’s responsibility to ensure that ShipWit.com is in receipt of the cancellation notification.
ShipWit.com reserves the right disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.