Welcome to ShipLeaf! Your use of ShipLeaf's services, including the services ShipLeaf makes available through this website and any other software or services offered by ShipLeaf in connection therewith (the "Services") is governed by these terms of service (the "Terms"), so please carefully read them before using ShipLeaf. For the purposes of these Terms, "we," "our," "us," and "ShipLeaf" refer to ShipLeaf, Inc., the providers and operators of ShipLeaf.
In order to use ShipLeaf, you must first agree to these Terms. If you are registering for or using ShipLeaf on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.
You agree your purchases and/or use of ShipLeaf are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by ShipLeaf or any of its affiliates regarding future functionality or features.
BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
In the course of registering for or using ShipLeaf, you may be required to provide ShipLeaf with certain information, including your name, organization name, email, and password. By creating an account with ShipLeaf, you represent and warrant that all required registration information you submit is truthful and accurate, and that you are authorized to access and use the email address associated with the account.
You agree to immediately notify ShipLeaf of any unauthorized use or suspected unauthorized use of your Account or any breach of security related to the Services. ShipLeaf cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
License and Restrictions
ShipLeaf gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license is solely to allow you to access the Services for your (or your organization's) non-commercial or internal business purposes, in the manner permitted by these Terms.
You may not, and you may not permit anyone else to:
- (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ShipLeaf, in writing (e.g., through an open source software license); or
- (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
You may not access the Services for the purpose of bringing an intellectual property infringement claim against ShipLeaf or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Services.
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.
Pricing and Fees
Subject to the Terms, the Services are provided to you without charge up to certain usage limits, and usage in excess of these limits may require purchase of additional resources and the payment of fees. Please see ShipLeaf's Pricing Terms for details regarding pricing for the Services.
If you elect to use paid aspects of the Service, you agree to the pricing and payment terms set forth in any Agreement executed by you and the Service. ShipLeaf may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
While ShipLeaf reserves the right to suspend your access to the Service for lack of use, lack of payment, or violating the terms of this Agreement, all Accounts are generally maintained perpetually unless and until they are suspended by their respective owners. If you elect to use paid aspects of the Service, your Account will be automatically invoiced and billed at the conclusion of each payment term. Following any Account suspension, ShipLeaf may retain certain Account data for a period of time in the event of Account reactivation. The length of time that ShipLeaf maintains Account information shall be in the sole discretion of ShipLeaf.
If you have a question about charges made to your account, please contact ShipLeaf immediately. If the charges were made in error, ShipLeaf will credit your account for the appropriate amount. ShipLeaf has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
Certain portions of the Service may display delivery service options offered by third parties. These displays on or through the website do not in any way imply, suggest, or constitute any sponsorship or approval of ShipLeaf by any such service provider or any affiliation between ShipLeaf and any such service provider. Likewise, our display of delivery service options does not suggest a recommendation by us of the service provider. At no time does ShipLeaf become a party in any contract to pick up, transport, deliver, or otherwise treat your merchant goods.
You agree that ShipLeaf is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from any third party service providers. Your interaction with any service provider through the Service is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such service provider for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the service provider.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
SHIPLEAF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHIPLEAF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
- (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SHIPLEAF'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
Limitation of Liability
SUBJECT TO THE SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHIPLEAF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON SHIPLEAF'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT SHIPLEAF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHIPLEAF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE DOLLAR ($1.00), WHICHEVER IS GREATER.
Choice of Law
The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles that provide for the application of the law of another jurisdiction. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Broward County for any lawsuit filed arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
ShipLeaf and you are independent entities, and nothing in this Agreement, or via use of ShipLeaf, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between ShipLeaf and you. These Terms supersede any previous Terms of Service and represent the entire Agreement between ShipLeaf and you. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ShipLeaf's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.