When signing up an account, users agree to provide the Site with accurate information (such as full legal name, current home or business address, etc) in connection with the use or purchase of any product of the Site. You are responsible for keeping your password secure. ShipGateway cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
With regard to the content of any submissions you make through this Site you agree to remain solely responsible and agree to not submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this Site that violates any right of a third party including copyright, trademark, privacy or other personal or proprietary rights. A breach or violation of any of these terms as determined in the sole discretion of ShipGateway will result in an immediate termination of your services.
ShipGateway may use information that is recorded about users or submitted by users and aggregated into groups so that it no longer reflects or refences an individually identifiable user for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create refine and improve ShipGateway and its affiliates products and services.
The Site may contain links to other sites hosted and/or maintained by third parties. ShipGateway shall not be responsible for the content of any third party sites that may be linked to or from ShipGateway. These links are provided for your convenience and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. ShipGateway does not assume any responsibility or liability for the content or use of any third party site or any third party’s products and/or services.
In no event shall ShipGateway or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our services or this Agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ShipGateway partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. ShipGateway does not warrant that the service will be uninterrupted, timely, secure, or error-free. ShipGateway does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Terms of Service will be corrected.
ShipGateway assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an "As Is" basis without a warranty of any kind either express or implied including without limitation any warranty of merchantability or fitness for a particular purpose. ShipGateway disclaims all responsibility for any loss injury claim liability or damage of any kind resulting from arising out of or in any way related to any information which is posted to the Site by any 3rd party including without limitation information posted on any related blog. ShipGateway shall not be liable for any direct, indirect, special consequential, or punitive damages including but not limited to lost profits, lost savings, or lost postage arising out of the use or inability to use the site even if ShipGateway has been advised of the possibility of such damages. In no event should ShipGateway’s total liability to you for all damages losses and causes of action of any kind resulting from your use of this Site whether in contract tort or otherwise exceed one dollar.
ShipGateway’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder. The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of New Jersey without regard to its conflict of laws principles. In the event of a dispute the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of New Jersey.