THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF PERISHIP.COM, INCLUDING PERISHIP CLIENT AT PERISHIP.COM ("CLIENT"), PERISHIP REPORT MANAGER ("REPORT"), PERISHIP MOBILE AND PERISHIP BILLING ONLINE. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
PERISHIP MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF PERISHIP.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT PERISHIP.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH PERISHIP.COM.
Section 1. Definitions.
Content: information, graphics, products, features, functionality, services, and links on PeriShip.com, including PeriShip Client at PeriShip.com, Report Manager, and PeriShip Billing Online.
PeriShip: PeriShip Corporate Services, Incorporated, its parent and its parent's subsidiary companies
You: Yourself and the entity that you represent
Section 2. Use of PeriShip.com.
PeriShip.com is provided solely for the use of current and potential PeriShip customers to interact with PeriShip and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving PeriShip invoices and remitting payment using electronic funds transfer ("EFT"), identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential PeriShip customers for their own shipments. Use of PeriShip.com to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.
The use of automated dial-in or inquiry devices to obtain information through PeriShip.com is strictly prohibited.
PeriShip does not accept ideas, concepts, or techniques for new services or products through PeriShip.com. If such information is received, it will not be considered confidential and PeriShip will be deemed free to use, communicate and exploit such information in any manner it chooses.
Section 3. PeriShip.com Login Registration.
You may choose to register on PeriShip.com to access interactive features on PeriShip.com. PeriShip.com Login provides you with access to PeriShip Client at client.periship.com, www.periship.com, sales.periship.com, reports.periship.com, billing.periship, mobile.periship.com and other online services. The availability of these services varies by country. In the future, PeriShip may add other features that may be accessed through PeriShip.com Login. In such event, previously registered users will not be required to re-register.
By registering on PeriShip.com, You agree to provide accurate and current information about Yourself as prompted by the PeriShip.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
Some PeriShip.com services are being made available to customers based in some countries and not others. You agree to register only for PeriShip.com services offered on the PeriShip.com website for the country in which your PeriShip account is based. For example, if your PeriShip account is based in Canada, you will register for services offered on PeriShip.com/ca and not for services offered on PeriShip.com/us.
When you register using PeriShip.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify PeriShip of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your PeriShip.com session at the end of each visit.
You acknowledge and agree that it may be necessary from time to time for PeriShip to confirm the validity of the credit card information you provided to open your PeriShip account. When this occurs, PeriShip may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.
Section 4. Changes to PeriShip.com.
PeriShip.com and its Content, may be changed, deleted or updated at any time without notice.
Section 5. Termination of Use.
PeriShip may discontinue, suspend or modify PeriShip.com at any time without notice, and PeriShip may block, terminate or suspend Your and any user's access to PeriShip.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 6. Ownership.
PeriShip.com and its Content are protected by United States and international copyright, trademark and other laws. © 2002-2011 PeriShip. All rights reserved. Specifically, PeriShip does not convey to anyone, through allowing access to PeriShip.com, any ownership rights in PeriShip.com or in any Content appearing on or made available through PeriShip.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of PeriShip.com or its Content.
Section 7. Disclaimer of Warranty.
PERISHIP.COM AND ITS CONTENT ARE PROVIDED "AS IS". PERISHIP AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE PERISHIP.COM AND ITS CONTENT.
PERISHIP EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING PERISHIP.COM, SHIP MANAGER AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERISHIP DOES NOT WARRANT THAT CLIENT OR REPORT MANAGER WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN CLIENT OR REPORT MANAGER WILL BE CORRECTED. FURTHERMORE, PERISHIP DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF CLIENT, REPORT, BILLING, SALES, MOBILE OR PERISHIP.COM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY PERISHIP OR AN AUTHORIZED REPRESENTATIVE OF PERISHIP SHALL CREATE A WARRANTY.
Section 8. Limitation of Liability.
USE OF PERISHIP.COM AND ITS CONTENT IS AT YOUR SOLE RISK. PERISHIP WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE PERISHIP.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED PERISHIP OF THE POSSIBILITY OF SUCH DAMAGES.
Section 9. Indemnity.
You agree to defend, indemnify and hold harmless PeriShip, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
Section 10. PeriShip Service Guide.
The terms and conditions for using PeriShip delivery and related services are contained in the most current version of the PeriShip Client Manual, which is available by request. The most current version of the PeriShip Client Manual will control in the event of any conflict between any PeriShip delivery or related service information on PeriShip.com and the delivery or related service information contained in the most current version of the PeriShip Service Guide.
Section 11. Links to other web sites.
There are links on the PeriShip.com site that allow You to visit the sites of third parties. PeriShip controls neither these sites nor the companies to whom they belong. PeriShip makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
PeriShip has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks, which may be involved in accessing and using any software on the Internet before using it.
Section 13. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access PeriShip.com regarding access, use, export, re-export and import of any Content appearing on or available through PeriShip.com.
You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Section 14. Controlling Law and Severability.
This Agreement and Your use of PeriShip.com is governed by and construed in accordance with the laws of the United States and the State of Connecticut, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to PeriShip.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within New Haven County, Connecticut. This Agreement may not be changed or modified without the written consent of PeriShip.
Section 15. Courtesy Rate Quote
The courtesy rate reflected by the Courtesy Rate Quote on PeriShip Client Manager, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable PeriShip Client Manual or the PeriShip Rate Sheets for details on how shipping charges are calculated.