Terms of Use
Last Updated: July, 2022
Welcome to www.shipBoss.io, a shipping services website (the "Website") operated by ShipBoss Ltd., a corporation with an address at 3500 Sunset Ave, Suite D10, Ocean, NJ 07712 (“ShipBoss”, “we”, “our”, or “us”). Anonymous visitors to the Website ("Visitors") can browse our services. Visitors who affirmatively indicate their agreement to abide by these Terms of Use (this “Agreement’”) by means of a click-through consent, if and where this option is made available by ShipBoss (“Registrants”) can purchase our services and use other Website functionality. The terms “you”, "your" and “yours” when used in this Agreement refer to either Registrants or Visitors, or to both Registrants and Visitors together, as applicable; provided that such terms will refer to both Registrants and Visitors together unless the context of this Agreement indicates otherwise. This Agreement sets forth the terms and conditions which governs your use of the Website.
1. This Agreement.
1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to be bound by the provisions of this Agreement. You indicate that you have read, understood and agreed to be bound by the provisions of this Agreement by means of a click-through consent (where provided by us) or otherwise by accessing the Website. If you do not agree to abide by the initial version and each modified version of this Agreement (as described in Section 1.2 below), then you are not authorized to use the Website. You also are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with ShipBoss, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement.
1.2 Modification. We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement, and any updated supplemental policy or other terms (which are a material part of this Agreement as indicated below) will be indicated in the same manner. We will be happy to provide you with prior versions of this Agreement (including any supplemental policy or other terms) upon your written request to us. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2. Registration.
2.1 Account. A Registrant who registers with us will receive a unique account (“Account”) and will be able to access such Account by selecting a corresponding user ID and password. You shall not allow any individual or entity to use your Account to access the Website or otherwise to contact us and you shall strictly safeguard your user ID and password and any other information that would allow any person to access the Website or otherwise to contact us by using your Account. You are solely responsible for your failure to strictly safeguard such information and/or to allow any other person to access or use the Website or otherwise to contact us by using your Account. You may not sell or otherwise transfer your Account or any portion thereof. You shall notify ShipBoss immediately of any unauthorized use of your Account or any portion of the Website. ShipBoss shall not be liable for any loss that results from the unauthorized use of your Account, either with or without your knowledge.
2.2 Accurate Information. You shall provide accurate, complete and current information about yourself when registering for your Account and otherwise when using the Website, and you shall update all information provided by you through the Website if and as soon as such information changes.
2.3 Disabling or Revoking of Account. We have the right to suspend or terminate your Account at any time if we believe you have violated or are likely to violate this Agreement, all as determined by us in our sole discretion. If we suspend, terminate or otherwise disable access to your Account, you may be prevented from accessing certain portions of the Website, including certain text, icons, images, messages, tags, links, photographs, audio, video and other content appearing on the Website provided by us or third parties on our behalf (collectively, “Content") and/or Content which was uploaded or otherwise provided through your Account or otherwise by you to the Website or otherwise to us by you (collectively, “Your Content”), all of which may be deleted by us. In such a case, your rights to use the Website and any Your Content may cease immediately. Suspension or termination by us is without prejudice to all other remedies available to ShipBoss by law or under this Agreement.
2.4 Cessation of Functionality; Change of Services. As part of our continuing innovation, we may stop (permanently or temporarily) providing certain Website features to you in our sole discretion, without prior notice to you. The form and nature of the any of our services may change from time to time without prior notice to you.
3. Transactions.
3.1 Purchases. All of the services provided by us through the Website (the “Services”) are provided by us and purchased by you on a “AS IS” and “WHERE IS” basis. If you wish to purchase any of the Services, you shall comply with the applicable provisions of this Agreement as well as the provisions of any ancillary policies, terms, conditions or agreements which may appear on the Website regarding such Services. We reserve the right (but do not have the obligation) to correct any errors or mistakes made by us or our third-party payment gateway, or made by you, at any time, even if payment has already been received from you. For instance, a quote or rate received by you through the Website may not be accurate and may have to be adjusted by us (including increasing the cost of your order) due to various causes, including without limitation your inputting the incorrect package dimensions or weight), and you acknowledge that the final cost charged to you shall be based on the determinations of the carrier regarding the size and weight of your order. However, we are not responsible for any errors made by a carrier, our third-party payment gateway or other service providers, and while we will try to assist you in any such scenario any recourse you wish to seek which relates to any such error shall be directly to such service provider. Further, we may refuse to sell any Services to you for any reason (as determined by us in our sole discretion) given your past history or otherwise.
3.2 Descriptions. We attempt to be fully accurate in describing the Services (including, without limitation, the applicable price of each of the Services) offered for purchase by us through the Website; however, we do not warrant or represent that all such descriptions are complete, current or error-free. Further, all Services descriptions (including without limitation images and written explanations) are subject to change at any time (if involving an error, even after a purchase has been consummated) and without prior notice, in our sole discretion. You will not hold us liable for any such errors and we have the right (as exercised by us in our sole discretion) to change or cancel any orders which were made involving on any missing or inaccurate information (including without limitation incorrect price). For clarity, if your order involved any inaccurate description (including without limitation incorrect price), we may (as determined by us in our sole discretion) either notify you of any necessary price adjustments prior to final processing and shipment of the order or we may cancel your order and refund to you any payments already made by you in connection with such order.
3.3 Payments. Your request for us to charge your credit card by providing your credit card information to us or to any of our service providers indicates your express authorization for us (or such third party) to charge your credit card for the associated purchase requested by you. By making a purchase through the Website, you agree to pay us (or our service provider, as the case may be) all charges at the prices then in effect using the payment method selected by you. Your right to receive any of the Services is conditional on our prior receipt of the full payment and related costs (such as taxes and delivery) for each order you execute through the Website. If all such payment and costs cannot be charged to your credit card or if a charge is refunded for any reason, including by chargeback, we reserve the right to refuse to either fulfill your order and bill you for its cost or to cancel your order, as determined by us in our sole discretion. Again, you are fully responsible for all charges made under your Account or otherwise in your name, and you will pay us all fees associated with any reversal of any purchase by you. Your credit card payment may be rejected if we (or a third party working on our behalf) detect the presence of certain fraud indicators or otherwise a pattern of misuse. Please note that whether a credit card is accepted or rejected is not always determined by information provided by the cardholder, and we apologize for any inconvenience for orders where a credit card payment is not acceptable.
3.4 No Returns. All orders are final, and there will be no credits granted for any orders once you have finalized an order.
3.5 Reservation of Rights; Modifications. Our Services may be limited in quantify or by location, and we cannot guarantee the availability of any of our Services. We also cannot guarantee that our Services will meet your expectations. We reserve the right, but are not obligated, to limit or discontinue any of the Services to any person (including without limitation the quantity of any specific of the Services), geographic region or jurisdiction, or otherwise, and we may exercise this right on a case-by-case basis in our sole discretion. The offer of any of the Services made through the Website or otherwise is void where prohibited. We further reserve the right to limit or prohibit orders of any of the Services that, in our sole judgment, appear to be placed by persons who are dealers, resellers or distributors, whether or not they have so identified themselves to us.
3.6 Taxes. You are responsible for paying all applicable taxes arising out of any purchase of any of the Services made by you through the Website or otherwise, including without limitation all duties, taxes, and/or other fees or charges that may apply to the sale of any Services.
3.7 Your Personal Information. In the event you wish to purchase any of the Services or use other certain functionality of the Website, you will be asked by us and/or a third party working on our behalf to supply certain of your PII to us and/or them. You shall provide us and/or such third party (as applicable) with accurate, complete and current PII (including without limitation your email address and credit card number and expiration date), and you shall update all PII if and as soon as such information changes before you make any additional purchase of any the Services. You shall be responsible for all activity conducted through the Website which is identified with such information.
4. Use of the Website.
4.1 Reseller Administrator Features. As part of the Services we offer, you will have the option to subscribe to use our premium reseller administrator and related customer management functionality. If you subscribe with us to use such additional functionality of the Website, you agree to pay the additional Fees associated with such a subscription, and to abide by all supplementary instructions and other terms we may publish in connection with such functionality. You agree that access to such additional functionality shall be through your approved Account only, and that you shall be fully responsible for all acts and/or omissions occurring (or failing to occur) through your Account.
4.2 Usage Restrictions. You shall not use the Website in any manner that:
(a) enables you (or enables any other person) to (i) copy, modify, create a derivative work of, any Content, or (ii) copy, modify, create a derivative work of, reverse engineer, translate, adapt or decompile (or attempt to translate, adapt or decompile) or otherwise attempt to extract any software underlying any portion of the Website or the source code of the software underlying the Website or any portion thereof;
(b) interferes with operations or services provided by the Website or otherwise disrupts the Website in any way;
(c) interrupts, destroys or limit the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses, Trojan horses or any other computer code, files or programs);
(d) infringes any copyright, trademark, trade secret, patent or other right of any party (including the promoting of an illegal or unauthorized copy of another person's copyrighted work), or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
(e) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
(f) creates a false identity or otherwise attempts to mislead any person as to the identity or origin of any communication;
(g) exports, re-exports, or permits downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions;
(h) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
(i) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(j) links to materials or other content, directly or indirectly, to which you do not have a right to link or which we determine in our sole discretion is not appropriate to be linked to from the Website; or
(k) violates, or encourages others to violate this Agreement (or engages in any other activity deemed by us to be in conflict with this Agreement), or violates or encourages others to violate any applicable local, state, national, or international law.
4.3 Disabling or Revocation of Use. We have the right to cancel or suspend your use of the Website (if applicable) including without limitation any purchase made by you, for any reason (without having to specify the reason) or for no reason at any time, as determined in our sole discretion, including without limitation if we believe you have violated this Agreement.
5. Intellectual Property.
5.1 Proprietary Rights. Content provided by ShipBoss or any of our third party licensors is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. Other than for Your Content and third party Trademarks (as defined below in Section 5.2) appearing on the Website, you acknowledge and agree that as between you and us, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to Website (including without limitation all other Content appearing therein) is owned by us, and that you have no rights in and to the Website other than as expressly set forth in this Agreement. Except for that information which is in the public domain and is not otherwise limited by third party rights or for which you have been given express written permission by us, no Content (other than for Your Content as uploaded by you to the Website alone) may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without our prior written consent or, where applicable, that of our licensors. However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, Trademark, and other proprietary notices appearing therein and that you use such materials only in the manner permitted by this Agreement and never in any manner which directly or indirectly competes with us or disparages us or any of our services. For clarity and without limiting the foregoing, please note that Content posted by other Website users may also be protected by copyright, trademark patent and other rights under the laws of the United States and/or other jurisdictions, and no rights in such Content whatsoever are granted to you other than those expressly granted herein or by the owner of such Content.
5.2 Trademarks. “SHIPBOSS” is a Trademark of or used by ShipBoss. All other Trademarks referenced on the Website are the property of their respective owners. ShipBoss is not affiliated with or sponsored or endorsed by any trademark owner whose Trademark may appear on the Website and whose owner is not indicated to be ShipBoss. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation in the distribution of any Content, for advertising or publicity or otherwise, without our prior written consent or the prior written consent of each such third-party Trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by ShipBoss or any other applicable Trademark holder, you shall not use any Trademark in any way that is likely or intended to cause confusion with the owner of such Trademark.
5.3 Removal of Notices. You shall not remove, obscure, or alter any proprietary rights or notices (including without limitation copyright and Trademark notices) which may be affixed to or contained within any Content. You shall abide by all such notices.
6. Links; Third Party Websites. The Website may provide links to third party websites with whom we collaborate or who we think may be of potential interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (a) the availability of such websites, (b) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (c) your participation, correspondence or business dealings with any third party regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party, and/or (d) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party or any other third party whom you form a connection with through or because of the Website or any of our services. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website and not to the terms and conditions of this Agreement.
7. Representations, Warranties and Covenants. You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement (and if you are entering into this Agreement on behalf of any entity that you are fully authorized by such entity to so enter into this Agreement on its behalf), (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, the Privacy Policy (as defined in Section 11 below) and any other terms or conditions posted on the Website, (c) this Agreement is enforceable against you in accordance with its terms and conditions, (d) you shall not utilize any of the Website for any commercial use (other than as expressly intended), resale or export, (e) you shall not, without legitimate and actual grounds, disparage ShipBoss, any of our personnel, the Website or any of our services, and (f) you are solely responsible for (and ShipBoss has no responsibility to you or to any third party) any of Your Content that you create, transmit, display, submit or post while using the Website and for the consequences of your actions, including without limitation any loss or damage which ShipBoss of any of its affiliated entities or any of their members, managers, shareholders, officers, directors, licensors, agents, employees, consultants, representatives and service providers (collectively, the “ShipBoss Parties”) may suffer which is related to any of Your Content including without limitation the enforcement of any rights in and to any of Your Content.
8. DISCLAIMER OF WARRANTIES. OTHER THAN FOR ANY EXPRESS WARRANTIES MADE BY SHIPBOSS IN THIS AGREEMENT, THE USE OF THE WEBSITE INCLUDING ALL TRANSACTIONS ENGAGED IN BY YOU IS ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND AT YOUR SOLE RISK. NONE OF THE SHIPBOSS PARTIES HAS OR SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE OR OTHERWISE YOUR INTERACTION WITH ANY THIRD PARTY THROUGH THE WEBSITE. SHIPBOSS FURTHER DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR ANY LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM OR RELATED TO, ANY USE OF THE WEBSITE OR THE RESULTS OF OUR SERVICES. SPECIFICALLY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHIPBOSS DISCLAIMS (A) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND THE RESULTS OF OUR SERVICES, AND (B) ALL WARRANTIES NOT EXPRESSLY MADE IN THIS AGREEMENT. SHIPBOSS DOES NOT WARRANT THAT THE WEBSITE OR ANY OF OUR SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, UNDER NO CIRCUMSTANCES SHALL SHIPBOSS BE LIABLE IN ANY WAY OR FORM FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE RESULTS OF ANY OF OUR SERVICES, OR YOUR INTERACTION WITH ANY THIRD PARTY LINKED TO FROM THE WEBSITE OR OTHERWISE IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF THE SHIPBOSS PARTIES BE LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR (A) USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT APPEARING ON THE WEBSITE OR YOUR LOSS OF DATA, INCOME, OR PROFIT, OR LOSS OR DAMAGE TO PROPERTY), OR (B) USE OF ANY OF OUR SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER OR NOT ANY OF THE SHIPBOSS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE SHIPBOSS PARTIES COLLECTIVELY TO YOU OR ANY RELATED PERSON (OR PERSON ACTING ON YOUR BEHALF) IN ALL CIRCUMSTANCES IS LIMITED TO THE LESSER OF (A) THE AMOUNT YOU HAVE EARNED THROUGH THE WEBSITE OVER THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY, OR (B) ONE THOUSAND DOLLARS ($1,000). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 8 ABOVE AND/OR THIS SECTION 9 MAY NOT APPLY TO YOU, BUT IN SUCH A CASE SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Indemnification. You shall indemnify, defend and hold harmless ShipBoss and each of the other ShipBoss Parties from all claims, demands, causes of action and/or lawsuits (each, a "Claim" and collectively, "Claims") and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys' fees and disbursements (collectively, "Losses") made by any third party arising out of or related to (a) the breach by you of any of your representations, warranties, covenants under this Agreement or your failure to fulfill any of your obligations under this Agreement, (b) your negligence or misconduct, or (c) your violation of any law or regulation. You shall provide all applicable ShipBoss Parties with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the ShipBoss Parties by any third party that may give rise to liability of any such ShipBoss Party hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such applicable ShipBoss Party; provided, however, that each such ShipBoss Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which any of the ShipBoss Parties believes is adverse to its interests, without receiving the prior written consent of each of the ShipBoss Parties affected by such Claim. In no event shall any of the ShipBoss Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party’s business interests.
11. Privacy. ShipBoss views the protection of your privacy as an important responsibility. The terms regulating the handling, use and storage of your PII and other information by us in connection with the Website is described in our Privacy Policy, which can be found at: shipboss.io/privacy-policy (the “Privacy Policy”). By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy. However, the handling, use and storage of your PII by any third party is subject to the privacy policy (if available) of such third party and not the Privacy Policy; for instance, when you provide your credit card information to our ecommerce gateway or other service providers, your PII will be subject to the privacy policy of our ecommerce gateway or other service providers.
12. No Endorsement. ShipBoss is neither affiliated with, nor sponsored or endorsed by, any specific product, service, methodology or person. The owners of any third-party product, service, information, Trademark or copyright or other Content appearing on the Website are not sponsors of ShipBoss or the Website and have not endorsed and are not affiliated with ShipBoss or the Website, and ShipBoss is not a sponsor and does not endorse any such third parties.
13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and ShipBoss by this Agreement or as a result of your use of the Website or any of our services, or with any third party.
14. Notices. All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: ShipBoss Ltd, Attn: Legal Department, 3500 Sunset Ave, Suite D10, Ocean, NJ 07712, and by email at: info@ShipBoss.io, and to a Registrant at the address and email listed provided to us by such Registrant. Notice shall be deemed given three (3) days after the date of such mailing and upon receipt of such email.
15. Governing Law; Arbitration; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding New York’s choice-of-law principles. Any dispute arising out of or relating to this Agreement, including without limitation regarding any breach hereunder, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“CAB”), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in New York, NY by an arbitrator with applicable industry expertise in ecommerce businesses, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and us, without a right of appeal, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and/or us shall be deemed to be confidential information and shall not be made public by you or any person on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal if permissible). However, if the AAA refuses to hear the arbitration under the CAB, the parties agree to have the arbitration conducted by a private professional arbitrator reasonably agreed upon by the parties according to rules and procedures which closely resemble the CAB (as determined by such arbitrator). If either party sues the other party and loses the claim which was the subject of such a suit, then the non-prevailing party shall pay the prevailing party’s costs and expenses, including but not limited to the prevailing party’s reasonable attorneys’ fees. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, we may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST ANY OF THE SHIPBOSS PARTIES WHICH ARISES OUT OF OR IS RELATED TO THIS AGREEMENT OR OTHERWISE YOUR USE OF THE WEBSITE OR PURCHASE OF ANY OF OUR SERVICES MUST BE FILED BY YOU PURSUANT TO THIS SECTION 15 WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
16. Assignment. You shall not resell or assign any of your rights, duties or obligations under this Agreement and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by ShipBoss, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred.
17. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If ShipBoss does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which ShipBoss has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of ShipBoss’s rights, and all such rights or remedies shall still be available to ShipBoss.
18. Force Majeure. The failure or delay of ShipBoss in performing any of our obligations under this Agreement shall be excused (and ShipBoss shall not be deemed to have breached this Agreement) if such failure or delay is a result of any of the following: (a) any act or omission of yours, (b) the unavailability of any of our Services due to a limitation by one of our third party carriers or other providers, or (c) any event which prevents or delays the performance by us of any of our obligations, whether by reason of any (i) act of God, (ii) flood, fire, earthquake, or like natural disaster, (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil disturbance or unrest, civil commotion, acts of public enemies, public agitation, or sabotage, (iv) epidemics or pandemics (even if such circumstances might be deemed to be foreseeable), (v) widespread Internet, communications or electrical outages, (vi) actions, embargoes or blockades, (vii) acts or orders of government or authorities, rules and regulations, or any delay or abandonment due to any order of any court of applicable jurisdiction, (viii) national or regional emergency, (ix) strikes, labor stoppages, lock-outs, slowdowns or other industrial disturbances, and (x) any other cause beyond the reasonable control of ShipBoss.
19. General. If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced on the Website or otherwise provided by us sets forth the entire understanding and agreement between us with respect to your use of the Website and otherwise use of any of our services. The provisions of this Agreement shall survive termination or expiration to the extent necessary to carry out the obligations of you and ShipBoss under this Agreement.
20. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at: info@ShipBoss.io or write to us at: ShipBoss Ltd., 3500 Sunset Ave, Suite D10, Ocean, NJ 07712.