The Personal Information we receive and collect directly from you includes, without limitation, the following:
We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent. You may still access our Site and use some of the Services if you choose not to provide us with any Personal Information, but if you elect not to share Personal Information it may affect our ability to provide our Services to you.
Some information, which may include Personal Information, is automatically collected when you use our Services, such as the following:(i) IP address; (ii) domain server; (iii) type of device(s) used to access the Services; (iv) web browser(s) used to access the Services; (v) referring webpage or other source through which you accessed the Services; (vi) geolocation information; and (vii) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information.
We collect information (including Personal Information and Traffic Data) when you use and interact with the Site and the Services, and in some cases from third party sources. Such means of collection include
Tracking Tools: We may use tools outlined below in order to provide our Services to, advertise to, and to better understand users.
Some cookies are placed by a third party on your device and provide information to us and third parties about your browsing habits (such as your visits to our Site and use of our Services, the pages you have visited, and the links and advertisements you have clicked). These cookies can be used to determine whether certain third party services are being used, to identify your interests, and to serve advertisements relevant to you. We do not control third party cookies.
(2) Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect information about the use of our Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send. The information collected by Web Beacons allows us to analyze how many people are using the Services, using selected publishers’ websites or opening emails, and for what purpose, and also allows us to enhance our interest-based advertising (discussed further below).
(3) Web Service Analytics: We may use third-party analytics services in connection with the Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text typed into the Site and/or Services. We use the information collected from these services to help make the Services easier to use and as otherwise set forth in the section called “How We Use Your Information.” These analytics services generally do not collect Personal Information unless you voluntarily provide it and generally do not track your browsing habits across web services that do not use their services.
(4) Mobile Device Identifiers: As with other Tracking Tools, mobile device identifiers help JShip learn more about our users’ demographics and internet behaviors in order to personalize and improve the Services. Mobile device identifiers are data stored on mobile devices that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and Traffic Data.
Behavioral Advertising: We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our partners use Tracking Tools, such as cookies, pixel tags, and web beacons, to collect information about a user’s online activities to display JShip ads to the user based on the user’s interests (“Behavioral Advertising”). Such partners may include third-party service providers, advertisers, advertising networks or platforms, traffic measurement service providers, marketing analytics service providers, and other third party service providers (collectively, “Advertising Service Providers”). Other Tracking Tools used by our partners may collect information when you use the Services, such as IP address, mobile device ID, operating system, browser, web page interactions, geographic location and demographic information, such as gender and age range. These Tracking Tools help JShip learn more about our users’ demographics and internet behaviors.
Options for Opting out of Cookies and Mobile Device Identifiers: Some web browsers allow you to reject cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept JShip’s cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.
You may opt out of receiving certain cookies and certain trackers by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) consumer opt-out page, or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile computing device. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer, tablet or mobile computing device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete cookies on your computer, tablet or mobile computing device, you may need to opt out again.
For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device . You will need to opt out of each browser and device for which you desire to apply these opt-out features.
Even after opting out of Behavioral Advertising, you may still see JShip advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that JShip is no longer using Tracking Tools — JShip still may collect information about your use of the Services even after you have opted out of Behavioral Advertising and may still serve advertisements to you via the Services based on information it collects via the Services.
How JShip Responds to Browser “Do Not Track” (DNT) Signals: Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to web services that a visitor does not want to have his/her online activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the web service operator may refrain from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many web service operators, including JShip, do not proactively respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com
We rely on a number of legal bases when you access or use the Services and we collect, use, share, and otherwise process your personal information for the purposes described in this policy. These legal bases include where
(1) Necessary to perform the contractual obligations in our Terms of Service and in order to provide the Services to you;
(2) You have consented to the processing, which you can revoke at any time;
(3) Necessary to comply with a legal obligation, a court order, or to exercise or defend any impending or asserted legal claims;
(4) Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
(5) You have expressly made the information public;
(6) Necessary in the public interest, such as to prevent crime; and
(7) Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).How We Use Your Information and Our Legitimate Interests
We may use information that is not Personal Information that has been de-identified and/or aggregated to better understand who uses our Site and Services and how we can deliver a better experience or otherwise at our discretion.
We use information, including Personal Information, to provide the Services and to help improve the Services, to develop new services, and to advertise (for example, to display JShip ads on other web services). Specifically, such use may include
(1) Providing you with the products, services and information you request;
(2) Responding to correspondence that we receive from you;
(3) Contacting you when necessary or requested;
(4) Providing, maintaining, administering or expanding the Services, performing business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
(5) Customizing or tailoring your experience of the Services, which may include sending customized messages or showing you Sponsored Results;
(6) Notifying you about certain resources or services we think you may be interested in learning more about;
(7) Sending you information about JShip or our products or Services;
(8) Sending emails and other communications that display content that we think will interest you and according to your preferences;
(10) Showing you advertisements, including interest-based or online behavioral advertising;
(11) Using statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
(12) Fulfilling our legally required obligations, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities;
(13) Resolving disputes;
(14) Protecting against or deterring fraudulent, illegal, or harmful actions; and
(15) Enforcing our Terms of Service and other agreements.
In certain circumstances, and in order to perform the Services, we may share certain information that we collect from you, as described in this section
(1) Advertising: We do not sell email addresses to third parties. We may share your Personal Information with our partners to customize or display our advertising.
(2) Business Partners: We may share your Personal Information and/or Traffic Data with our partners who perform operational services (such as hosting, billing, fulfillment, data storage, security, insurance verification, web service analytics, or ad serving) and/or who make certain services, features or functionality available to our users.
(3) Cross Device Matching: To determine if users have interacted with content across multiple devices and to match such devices, we work with partners who analyze device activity data and/or rely on your information (including demographic, geographic and interest-based data). To supplement this analysis, we also provide de-identified data to these partners. Based on this data, we may then display targeted advertisements across devices that we believe are associated or use this data to further analyze usage of Services across devices.
(4) Business Transfers: We may transfer your Personal Information to another company in connection with a proposed merger, sale, acquisition or other change of ownership or control by or of JShip (whether in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
(5) Protection of JShip and Others: We also may need to disclose your Personal Information or any other information we collect about you if we determine in good faith that such disclosure is needed to:(1) comply with or fulfill our obligations under applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of you, JShip or another party; (3) enforce the Agreement or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.
(6) Other Information: We may disclose information that is not Personal Information that has been de-identified and/or aggregated at our discretion.
The security of your Personal Information is important to us. We endeavor to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and in storage. For example, when you enter sensitive information on our Site and/or our Services, we encrypt that information (both at rest and in transit) using Secure Socket Layer (SSL) technology.
We store and process your information on our servers in the United States. We maintain industry standard backup and archival systems.
Your account is protected by a password for your privacy and security. If you access your account via a third-party site or service, you may have additional or different sign-on protections via that third-party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately, and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, we do not and cannot guarantee the security of your Personal Information. If at any time during or after our relationship we believe that the security of your Personal Information may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us in your account. Please keep your e-mail address in your account up to date. You can update that e-mail address anytime in your Account. If you have difficulty updating your e-email address or other information on your account, please contact us at email@example.com. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at firstname.lastname@example.org. Please include your address when you submit your request. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your Personal Information.
You can always opt not to disclose information to us, but keep in mind some information may be needed to create an Account and to use certain features of our Site and our Services.
Note that JShip cannot control or guarantee these rights with regard to Personal Information obtained by third parties who have requested and received your Personal Information through our Services and with your consent.
If you are a registered user of the Services, you can modify certain Personal Information or account information by logging in and accessing your account settings. The information you can view, update, and delete may change as the Services change.
If you wish to close your account, please email us at email@example.com. JShip will use reasonable efforts to promptly delete your account and the related information. Please note, however, that JShip reserves the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Agreement and take other actions permitted by law.
You must promptly notify us if any of your account data is lost, stolen or used without permission.
You may have certain rights to your Personal Information as a result of privacy laws around the world, such as the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). If those laws apply to you, JShip gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your JShip account information through your account settings. You may also remove certain optional information that you no longer wish to be available through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.
(1) Right to Access & Portability: You can access certain Personal Information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
(2) Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
(3) Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
(4) Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of JShip.
(5) Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.
(6) Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy settings. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
If you are a resident of California, the CCPA provides you the following additional rights
(1) Right to Know: if you are a California resident, you may request disclosure of the specific pieces and/or categories of personal information that we have collected about you, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed about you, and the categories of third parties with which the information was shared.
(2) Right to Opt-Out: To the extent that JShip “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information) (which can be done to by contact us at firstname.lastname@example.org).
If you are unable to exercise any of the rights in this section from your account, please contact JShip with details of your concerns or requests at email@example.com.
Please note, JShip does not dictate how long third parties retain your Personal Information obtained through our Services. Each of those parties will have their own privacy policies and retention periods and you should review those policies.
As noted in the Terms of Service, the Services are not intended for use by children and children under the age of 18 are prohibited from using the Services. JShip does not knowingly collect any information from children, nor are the Services directed to children. If you are under 18, please do not attempt to use the Site or register for the Services or send any Personal Information about yourself to us.
Your JShip Account, Service Pricing, and Account Duration and Cancellation. The best way to use our Service is to first create an account and provide your relevant contact and billing information. Once you have created an account, the Service allows you to select from among several shipping carriers (such as UPS and FedEx) for your shipping needs. JShip will charge you a fee (“Fee”) based on the currier and level of services selected by you and based on all variable and transactional costs of using the Service, including but not limited: postage, fees for carrier services, package insurance, direct and indirect costs of third-party service providers and carriers, transaction fees charged directly by JShip for shipping or other services. The total Fee quoted may include third party carrier fees and fees charged directly by JShip, which will not be separately delineated from the overall charge. Note that you may also use our Service by checking out as a “guest” without creating an account; these Terms will still apply to you if you choose to use this option.
An estimated Fee will be calculated by JShip at the time of each transaction and will be charged at the time each order is submitted by you. Note that additional charges not originally quoted to you may be incurred and charged to you as part of the same transaction if and when any carrier or third party notifies us of such necessary charges. Additional Fees are common when shipping internationally or when your package is an odd size or weight.
To cancel your account, you may do so online from your account settings.
Sales tax is not collectible on the purchase of postage. If required by applicable law, sales/use/other taxes may be charged/collected on non-postage purchases and Fees. You are responsible for the payment of all sales, use, or other taxes owed on products or taxable items purchased or utilized regardless of whether such taxes are collected by JShip at the time of purchase.
JShip reserves the right to cancel your account for any reason, including but not limited to lack of use, lack of payment, or breach of these Terms. Unless otherwise stated, your JShip account is maintained perpetually unless and until you cancel your account. Following any account cancelation, JShip may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time JShip maintains account information shall be in the sole discretion of JShip.
All transactions originating from your account are your responsibility. Please be mindful to whom account access is given, as the account holder is responsible for all charges incurred.
Fees will be calculated by JShip at the time of each transaction and will be automatically charged at the time each shipment is submitted by you.
By agreeing to these Terms, you authorize us to charge your credit card with any amounts due to us under these Terms. Without limiting this, if you incorrectly describe the dimensions and/or weight of your package, we may charge you any additional amounts we incur from partners as a result, plus a $10 processing fee.
We understand that there may be occasions where you may not recognize or wish to dispute a payment made to JShip in relation to our Fees. A “Chargeback” is a mechanism for your payment card issuer (at their discretion) to reclaim money from a service provider’s bank. This can allow your card issuer to provide you with a refund in a number of circumstances, including: (1) if you do not get the Service you paid for; (2) if you are charged the wrong amount, or charged twice by mistake; or (3) if the payment was made fraudulently. You agree to contact JShip prior to raising a request for a Chargeback or any dispute with your bank or card issuer in relation to any JShip Fee or other charges for the Services. We recognize that Chargebacks can happen for a variety of reasons. However, if you make a card payment through JShip, and later dispute a legitimate charge by raising a Chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to take any action to rectify the situation, including but not limited to: (i) dispute the Chargeback with the appropriate financial institution and reverse the Chargeback (you will be responsible for any fees assessed by the applicable financial institution associated with this process); (ii) report improper Chargebacks to a collections agency; or (iii) prohibit you from using our Services in the future.
We will use reasonable efforts to keep any payment information we have about you secure and ensure that our employees or agents who have access to this information do not make any unauthorized use, modification, reproduction, or disclosure of it. We may engage a third party to provide a secure payment transaction facility that allows you to pay online and, in this case, we will not receive your payment information.
Copyright and Trademarks. You acknowledge that any and all content on the Site and/or available through the Services are our property (or the property of our business partners) and are protected by copyright, trademark, and other intellectual property and proprietary property laws. Except as explicitly provided otherwise, the Terms and applicable copyright, trademark, and other laws govern your use of such content. Any other use, including but not limited to the reverse engineering, decompiling, altering, modifying, or disassembling of our source code or the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. JShip and associated brand names, domain names, trademarks, service marks or logos of JShip (or our business partners) and are protected under the trademark of the United States and/or other countries and may not be used or displayed by you without our prior written permission (or the respective owner of such trademark, service mark or logo).
Software. Software that is made available from the Services (“Software”) is the copyrighted work of JShip and/or its suppliers. Your use of the Software is governed by the Terms. You may not use any Software or the Services unless you first agree to the Terms, after which JShip hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Services in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by JShip and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
You may use your JShip account for transactions for your own direct use. JShip does not grant the right to sublicense, resell, offer, or utilize our Site, Services, or Software to other third parties. If JShip determines, in its sole and absolute discretion, that you have violated the foregoing limitations, JShip reserves the right to immediately suspend or terminate your service/account (without notice).
Limitation on Liability. IN THE EVENT JSHIP IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO YOUR USE OF THIS SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE THAT JSHIP’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S SERVICE PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. JSHIP IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES.
You should note that, in some circumstances, the liability of a carrier is limited under the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), Convention of the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999) and the Convention on the Contract for International Carriage of Goods by Road (Geneva, 19 May 1956) or similar international conventions.
Disclaimer. THIS SITE, SERVICES, AND SOFTWARE ARE PROVIDED BY JSHIP ON AN “AS IS” BASIS. JSHIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JSHIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. JSHIP DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
Links to Third Party Sites. Our Site, Services and affiliated websites may contain links to third-party websites (“Third Party Sites”). Third Party Sites are not under the control of JShip and JShip is not responsible for the contents of any Third-Party Sites, including without limitation any link contained in a Third-Party Sites, or any changes or updates to a Third-Party Sites. You should contact the Third-Party Sites administrator or webmaster if you have any concerns regarding such links or the content located on such Third-Party Sites. You are solely responsible for following the terms and conditions of all Third-Party Sites, including carriers and other third-party providers of services. You are responsible for following the terms and conditions of all carriers and partners accessed through the Site. Please visit each individual Site to obtain and review their terms and conditions. The use of carrier services via the JShip platform is at your own risk. JShip is not responsible for your use of carrier services. Your use of carrier services is as a direct customer of the specific carrier of your choosing and you agree to be bound by the terms and conditions of that carrier for use of services, including the payment of any fees associated and a carrier’s right to open, inspect and assess your package before and after collection.
No Unlawful Use of Our Services. As a condition of your use of this Services, you warrant to JShip that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or the laws and regulations of the jurisdiction in which you are located or to which your envelope or parcel was sent (this includes using the Service to send any of the hazardous materials included on any lists or warning that may appear anywhere on our Site or Services). You may not use our Services in any manner that could damage, disable, overburden, or impair the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Services. JShip reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
Indemnification. You agree to defend, indemnify and hold harmless JShip, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s and administrative fees) arising from (i) your use of and access to the Site, Services, and Software; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of our Site, Services, or Software caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Site or Services.
Prohibited Uses. You shall not transmit to JShip or upload to our Services or the Software any Malware or use or misappropriate the data on the Services for your own commercial gain. “Malware” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding the number of copies, (ii) exceeding the number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numerals, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result, or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You may not use your password for any unauthorized purpose. You may not use the Site, Services, or Software for activities that: (i) violate any law, statute, ordinance or regulation relating to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law; (ii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) is by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services; (iii) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (iv) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; or (v) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval and the operator and its customers are located exclusively in jurisdictions where such activities are permitted by law.
No Minors. You may not use our Site or register for Services if you are under 18 years of age. By registering for the Services, you represent to JShip that you are 18 years of age or older.
Force Majeure. Either Party shall be excused from performance for any period and to the extent that it is prevented from performing any action, in whole or in part, as a result of delays caused by the other party or an act of God, war, civil disturbance, court order, labor dispute, or other cause beyond its reasonable control, including without limitation failures or fluctuations in electrical power or telecommunications equipment. Such nonperformance shall not be a default of this Agreement.
No Assignment. This Agreement shall inure to and be binding upon the undersigned and their respective heirs, representatives, successors and permitted assigns. This Agreement may not be assigned by either party without the prior written consent of the other party
Governing Law and Venue. This Agreement shall be governed by the law of the state of Illinois, without regard to the conflicts of law principles thereof. Any litigation hereunder will be brought exclusively in any state or federal court of competent jurisdiction in Chicago, Illinois and each Party consents to venue and exclusive personal jurisdiction of such courts. Should a dispute between the named Parties lead to legal action, the prevailing Party shall be entitled to any reasonable legal fees, including, but not limited to attorneys’ fees.
All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof. Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.
Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by JShip. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
Survival. Any provision of this Agreement that by its nature is reasonably intended to survive beyond termination shall survive termination including, without limitation sections 4-7, and 10.
Contact. If you have any questions about our JShip, our Site, Services, or Software, please contact us by email at the following address: firstname.lastname@example.org.
For more information, please see each carrier’s respective page:
- Cash, currency, bank bills.
- Live animals*. (Edible seafood, such as live lobsters, crabs or other types of fish and shellfish for human consumption, is acceptable, provided the shipper is in compliance with all local, state and federal laws.)
- Animal carcasses*. (This restriction does not apply to properly packaged meat or poultry products intended for human consumption.)
- Shipments that require carrier to obtain a local, state or federal license for their transportation.
- Shipments that may cause damage or delay to equipment, personnel or other shipments.
- Items resembling a bomb, hand grenade or other explosive device*. This includes, but is not limited to, inert products such as novelty items, training aids and works of art.
- Bump fire stocks and other rapid-fire trigger activators.
- Ghost guns and other firearms not containing a serial number.
- Any firearm or other weapon manufactured using a 3-D printing machine.
- 3-D printing machines designed, or that function exclusively, to manufacture firearms.
- Lottery tickets and gambling devices where prohibited by law.
- Hazardous waste. This includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste.
- Packages that are wet, leaking or emit an odor of any kind.
- Live insects.
- Shipments or commodities that are prohibited by applicable local, state or federal law.
- Counterfeit goods, including, but not limited to, goods under a trademark that is identical to or substantially indistinguishable from a registered trademark, without the approval or oversight of the registered trademark owner (also commonly referred to as “fake goods” or “knock-offs”).
- Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha.
- Marijuana, as defined by U.S. federal law, 21 U.S.C. 802(16), including marijuana intended for recreational or medicinal use and cannabidiol (“CBD”); any product that contains any amount of tetrahydrocannabinols (“THC”), except as set out in 21 CFR 1308.35; and synthetic cannabinoids.
- Hemp plants, hemp leaves, hemp oil, hemp seed oil and CBD derived from hemp.
- Any substance that has not been approved for a medical use by the U.S. Food and Drug Administration and also has been listed as a Drug or Chemical of Concern by the U.S. Drug Enforcement Administration, including, but not limited to, Kratom and Salvia Divinorum.
- Waste or garbage for disposal.