Terms & Conditions
Shippingcity.com, hereafter may be referred to as Shippingcity and/or SC, provides a web site located on the internet at http://www.Shippingcity.com (hereinafter referred to as “web site”) that allows registered and approved customers (the “Customers”) the opportunity to gain access to relevant industry information and match best NVOCC/Forwarder rates for International shipments (collectively, the services offered on the Site from time to time are referred to as the “Services”). This Agreement governs your use of this Site and the Services. Before you subscribe to and/or begin participating in or using web site, Shippingcity believes that user(s) have fully read, understood and accept the agreement.If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
- Shippingcity.com-Merely a Venue/Platform
- User(s) Eligibility
- User(s) Agreement
- Amendment to User(s) Agreement
- Intellectual Property Rights
- Interactions between User(s)
- Limitations on Customer's Use of Information.
- Limitations of Liability/Disclaimer
Shippingcity.com- Merely a Venue/Platform
Shippingcity acts as a mere venue/platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange.
We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between SC and other party.
User(s) means any individual or business entity/organization that legally operates in United States of America or in other countries, uses and has the right to use the services provided by Shippingcity. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per laws of the United States of America, i. e. user(s) must be at least 14 years of age to be eligible to use our services. Shippingcity advises its users that while accessing the web site, they must follow/abide by the related laws.
Shippingcity is not responsible for the possible consequences caused by your behavior during use of web site. Shippingcity may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all Shippingcity services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
Amendment To User(s) Agreement
Shippingcity may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
Intellectual Property Rights
Shippingcity is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Shippingcity.com, its affiliates or licensor's of Shippingcity.com content, as the case may be.
All rights not otherwise claimed under this agreement or by Shippingcity.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Shippingcity does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Shippingcity be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The information presented here has been compiled from publicly aired and published sources. Shippingcity respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. Shippingcity reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
"Shipping Exchange", "Shippingcity.com", and related icons and logos are registered trademarks or trademarks or service marks of Shippingcity in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of Shippingcity except the third party content and link to third party web site on our website. Shippingcity is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post literally tens of thousands of trade leads for items on the website each day - have the right to sell/trade in the goods/services offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. Shippingcity is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Shippingcity is not endorsing a claim of infringement. Neither, in those instances in which Shippingcity declines to take down a listing, is Shippingcity determining that the listing is not infringing, nor is Shippingcity endorsing the sale of goods in such cases. Shippingcity respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the "Shippingcity content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Shippingcity, or otherwise commercially exploiting the Shippingcity content. Systematic retrieval of Shippingcity content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Shippingcity is prohibited. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Shippingcity's services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Shippingcity reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Shippingcity service, or if Shippingcity believes that user(s) conduct is harmful to the interests of Shippingcity, its affiliates, or other users, or for any other reason in Shippingcity's sole discretion, with or without cause.
URL's/Sub-Domain Names assigned by Shippingcity to its users (which includes both paid and free) is the exclusive property of Shippingcity and it cannot be assumed to be permanent in any case. Shippingcity reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. In such case, Shippingcity will not be liable to any party for any direct, indirect, special or other consequential damages, including, without limitation, any lost profits, business interruption or otherwise.
Interaction Between Users
Shippingcity provides an on-line platform for exchanging information between buyers and suppliers of products and services. Web site does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. Web site does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the web site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Web site uses several techniques (such as “Verified” status) to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, Shippingcity cannot and does not confirm each user(s) purported identity (including, without limitation, Trust SEAL Members). Shippingcity encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the web site.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that Shippingcity shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify Shippingcity (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use Shippingcity database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
Shippingcity reserves the right to add/modify/discontinue any of the features offered with a service.
Limitation on Customer's Use of Information.
The information available to Customer at the Site is provided to Customer for the sole purpose of transacting business on the Site. Accordingly, Customer is granted, so long as it is in good standing under this Agreement, a nonexclusive right and license to use such for its internal business use only, and any copying, retransmission, republication, or other distribution of the information is strictly forbidden without the express prior written permission of Shippingcity .
Limitation of Liability/Disclaimer
The features and services on the web site are provided on an "as is" and "as available" basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Shippingcity makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the web site. Shippingcity does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and Shippingcity makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from web site or through or from the web site shall create any warranty not expressly stated herein.
Under no circumstances shall web site be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to web site.
User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the web site. User(s) hereby further agree that web site is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Web site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with web site in asserting any available defenses.
Web site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
* The use or the inability to use the web site;
* Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
* Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
* Unauthorized access by third parties to data or private information of any User(s);
* Statements or conduct of any User(s) of the web site; or
* Any matters relating to Premium Services however arising, including negligence.
Most content and some of the features on the web site are made available to visitors free of charge. However, Shippingcity reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. Shippingcity also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Shippingcity and/or other visitors to the web site. Shippingcity reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
Shippingcity withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection with the member account to Shippingcity, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish the same product information.
(d) Post any material to a member that is not related to international trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form
(f) Any unauthorized access, use, modification, or control of the web site data base, network or related services.
(g) Obtain by any means web site member's user name and/or password. If Shippingcity terminates user(s) membership, user(s) will not have the right to re-enroll or join Shippingcity under a new account or name unless formally invited to do so by Shippingcity. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
Shippingcity adopts strict security policies. If any member should interfere with our security policies they shall be temporarily or permanently banned from using Shippingcity.com and its related services. In addition, information published by other members will not be available to those members whose access to Shippingcity.com has been terminated.