PLEASE READ THESE TERMS (THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER PARCELQUEST PRODUCT OR SERVICE.
INTELLECTUAL PROPERTY AND LIMITED LICENSE
All Content appearing on our Website is and shall remain the property of ParcelQuest. ParcelQuest owns the copyright in all of the Content comprising this Website, unless otherwise indicated. By accessing and using this Website, you agree to abide by U.S. and international copyright law and all other applicable laws. In addition, all brand, product, service, and process names appearing on this Website are trademarks of ParcelQuest, unless otherwise noted. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of ParcelQuest.
COMPLIANCE WITH LAWS
You agree that you shall use the Website and the Content for legal uses only. It is your responsibility to ensure that your use of the Website and the Content complies with all state, federal and local laws that apply to your activities. You promise that you will not use the Website or the Content for any illegal purpose. You understand that use of the Website or the Content for an illegal purpose shall be grounds for ParcelQuest to immediately and unilaterally terminate your access to the Website without further notice or process. Furthermore, you agree that if you should use the Website or the Content in any manner that triggers potential civil or criminal liability, you will defend and indemnify ParcelQuest for all costs, damages and expenses, including attorneys’ fees, which ParcelQuest may incur or become required to pay as a result of defending itself and its principals, employees and agents from claims or charges related to your use of the Website or the content of the Website. Your indemnification obligations are set forth in more detail below.
THIRD PARTY DATA, INFORMATION AND WEBSITES
Our Website and the Content include information gathered from third parties, including various cities and counties. ParcelQuest makes no guarantee or warranty as to the currency, accuracy, or quality of the information published or archived on the Website. Although ParcelQuest strives to ensure the integrity and the accurateness of the materials, a possibility exists that the materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made to the Content by others. For these reasons, ParcelQuest cannot guarantee the correctness, accuracy or completeness of the Content, nor can ParcelQuest guarantee the Content is current or up to date or that it has not been changed, modified, deleted or superseded.
Our Website includes certain links that lead to resources located on servers that are not maintained by or under the control of ParcelQuest. ParcelQuest cannot and shall not be responsible for the contents of any such referenced websites, for the availability of access to such websites, or for any damage, including computer virus infections, which may result from accessing such websites. The inclusion on our Website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by ParcelQuest.
PARCELQUEST DATA AND INFORMATION
All information and Content on the Website regarding products and services provided by ParcelQuest is subject to change without notice, and all Content created by or on behalf of ParcelQuest is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but ParcelQuest shall not be responsible for misprints, out-of-date information, errors or changes. ParcelQuest makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on the Website or in the Content.
CHANGES, MODIFICATIONS, UPDATES AND SUPPORT
The Content included in this Website is subject to change without notice as are any products, programs, offerings, or technical information described in this Website. ParcelQuest makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or the Content, or the suitability, functionality, or operation of this Website or the Content. By using this Website, you assume the risk that the Content on this Website may not meet your needs and requirements.
ParcelQuest assumes no duty to provide support or maintenance with respect to your use of this Website. By using this Website, you represent that you will use commercially reasonable security precautions to protect against viruses, malware and any other malicious conduct of others that might adversely affect your hardware, software, business operations and equipment, or personal data. You recognize that the Website and the Content may become unavailable to you, with and without prior notice, due to, among other things, software crashes, routine and extraordinary maintenance, hardware failure, communication transmission issues and other calamities. You agree that ParcelQuest shall not be responsible for any damage you may suffer as a result of such interruption or nonavailability of access to the Website and the Content.
Your use of the Website and the Content is at your sole and exclusive risk, and the risk of any injury from such use rests exclusively with you. The information is provided “as is” with no warranty of any kind. The Content and Website may or may not provide the data or information you require for your own purposes, including commercial purposes. ParcelQuest specifically disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, noninfringement, and freedom from computer virus, with respect to the Website and Content, including information and documents provided by third parties, and with respect to all third-party Websites which may be linked to this Website. ParcelQuest does NOT warrant: (1) that the Website and the Content will be error free; (2) that any such errors will be corrected; (3) that the Website, any downloads from the Website, or any other sites that may be accessed by or through the Website will be free from viruses, malware or other harmful components or conditions; or (4) that any information, data or other Content on the Website will be accurate or reliable.
LIMITATION OF LIABILITY
You hereby waive and releases all claims against ParcelQuest for special, indirect, incidental, consequential or punitive damages, directly or indirectly arising out of your use of or access to the Website, the Content, and the information, links, documents and other materials accessed by or through the Website, regardless whether caused or contributed to by the sole, joint or concurrent negligence, strict liability, or any other fault of ParcelQuest, and even if ParcelQuest has been advised of the possibility of such damages. For purposes of this agreement, special, indirect, incidental, and consequential damages include, without limitation, loss of revenue, lost profits or loss of use of capital, production delays, losses resulting from failure to meet deadlines and downtime of facilities or equipment. ParcelQuest shall have no liability of any kind or nature, to you or to any third party, that arises from or in any way relates to the unauthorized use of the Website, the Content and/or the information, links, documents and other materials accessed by or through the Website. ParcelQuest shall not be liable for any damages, costs or expenses, incurred by you or any third party as a result of infection of computer viruses or malware through the use of the Website. In no event shall ParcelQuest be liable for any failure, interruption or error with respect to any aspect of the Website, the Content and information thereon or accessed by or through the Website, including the availability of any feature or functionality.
Notwithstanding any other term of this Agreement, you shall be exclusively liable for any and all content or information you submit to the Website or upload onto the Website, regardless of the mechanism by which such uploading occurs.
In no event shall ParcelQuest be liable for any breach in transaction security caused by any third party.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY FOR DAMAGES HEREUNDER OF PARCELQUEST OR ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES EXCEED THE AMOUNTS ACTUALLY PAID TO PARCELQUEST BY YOU FOR USE OF OR ACCESS TO THE WEBSITE. THIS LIMITATION APPLIES WHETHER SUCH ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PARCELQUEST HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR CONDITIONS THEREFOR. IN THE EVENT ANY APPLICABLE JURISDICTION MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF PARCELQUEST IN THOSE JURISDICTIONS SHALL BE EXCLUDED OR LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SAID JURISDICTION.
GEOGRAPHIC LIMITATIONS AND VOID WHERE PROHIBITED
Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. ParcelQuest reserves the right to limit the provision of its products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that it provides. Any offer for any product or service made in the materials on this Website is void where prohibited.
THIRD PARTY SERVICE PROVIDERS
The Website may contain links and pointers to other Internet sites and resources, including, without limitation, sales locations and social networking features operated by third parties. Any such links to/from the Website from or to other Websites or locations maintained by third parties shall not constitute an endorsement by ParcelQuest of any such third party Website or content. ParcelQuest is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third party Website or location.
SHARING OF PASSWORDS TO THE WEBSITE OR ANY PART OF THE WEBSITE IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO PARCELQUEST AS SET FORTH HEREIN, WE RESERVE THE RIGHT TO CHARGE A USER THE FULL SERVICES’ SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.
ONLINE ORDERS AND PURCHASES
All orders and/or purchases made through our Website, or through any online order or payment processing portals we make available to you, must be prepaid in full. You also agree to pay us all such other fees, costs, expenses and charges as we may incur in connection with your purchase. All orders are subject to our acceptance and approval. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason or no reason, and without liability to you or anyone else. This may occur when a product or good is no longer available or has been mispriced, when we suspect fraud, and in other circumstances in which we deem it necessary, advisable or convenient, in our sole discretion.
NOTICE FOR CALIFORNIA CONSUMERS:
Under California Civil Code Section 1789.3, some California users of the Website may be entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
BREACHES OF SECURITY
ARBITRATION; WAIVER OF RIGHT TO JURY TRIAL; CONSENT TO JURISDICTION IN CALIFORNIA
Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of California, provided that: (1) the arbitrator shall not have authority to award punitive damages unless expressly directed to do so by statute; and (2) any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. This means that you and ParcelQuest agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this provision, the arbitrator shall award to the other party all attorneys’ fees, costs and expenses incurred in enforcing this agreement to arbitrate.
TIME LIMIT TO BRING CLAIMS
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide ParcelQuest with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
Governing Law. Any and all claims arising out of or related to this Agreement or to your use of the Website including your use of any product or service in connection with the Website shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, without regard to conflict of laws principles..
Headings. The headings of the sections of this Agreement are for convenience and shall not be considered in construing or determining the interpretation of this Agreement.
Notices. Any notice required or permitted hereunder shall be given in writing and shall be conclusively deemed effectively given upon delivery of an email to you at the email address which you provided to gain access to the Website, or to ParcelQuest at the following email address: firstname.lastname@example.org
Severability and Survival of Terms. In case any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms of this Agreement concerning notice, indemnity, limitations on liability, disclaimer of warranties, arbitration and governing law shall survive termination.
BY USING OUR WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use any aspect of our Website. We may change the terms of this Agreement at any time, and your use of the Website after such change is posted will mean that you accept such change.