Terms and Conditions

SHIPPEEK® TERMS AND CONDITIONS OF SERVICE / END USER LICENSE AGREEMENT

IMPORTANT: BEFORE ACCESSING OR USING ANY PART OF THE shippeek.COM WEBSITE (THE "WEBSITE"), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THE "TERMS AND CONDITIONS"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SHIPPEEK INC. ("SHIPPEEK"). FOR PURPOSES OF THESE TERMS AND CONDITIONS, "SHIPPEEK" SHALL INCLUDE ANY PARENT, SUBSIDIARY, OR AFFILIATED COMPANY. THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND ALL SERVICES, PRODUCTS, APPLICATIONS, SOFTWARE, PROGRAMS, TOOLS, MATERIALS, CONTENT, WEBSITES OR PAGES, MOBILE APPLICATIONS, INSTALLED APPLICATIONS, ELECTRONIC DATA INTERCHANGE, E-MAIL, AND SERVICE OFFERINGS OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN ANY MANNER RELATED THERETO (COLLECTIVELY REFERRED TO HEREIN AS THE "SERVICE" AND/OR THE "SERVICES"). SHIPPEEK IS WILLING TO ALLOW YOU ACCESS TO AND USE OF THE WEBSITE ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE OR THE SERVICES. BY ACCESSING, VIEWING, OR USING THE WEBSITE AND SERVICES, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS HEREIN AND, AS THEY MAY CHANGE FROM TIME TO TIME, THAT YOU AGREE TO THEM AND INTEND TO BE LEGALLY BOUND BY THEM.

The Terms and Conditions are as follows:

1. LIMITATIONS ON SERVICE

YOU agree to comply with and adhere to the Terms and Conditions and any other policies issued by SHIPPEEK related to the SERVICES. Violation of any of the Terms and Conditions stated herein or any other Freightview policies may result in termination of YOUR access to and/or use of the SERVICES. SHIPPEEK reserves the right to, and YOU hereby acknowledge and agree that, SHIPPEEK may in its sole discretion refuse access to and/or use of the SERVICES to anyone for any reason at any time, including to YOU.

2. AMENDMENTS AND UPDATES TO THE TERMS AND CONDITIONS

SHIPPEEK reserves the right to update, augment and/or change the Terms and Conditions from time to time without notice. YOU agree that any new features that augment or enhance the SERVICE, including the release of new tools and/or resources, shall be subject to the Terms and Conditions. Continued use of the SERVICE after any such changes shall constitute YOUR express, irrevocable consent to such changes. YOU can review the most current version of the Terms and Conditions at any time at shippeek.com/terms.

3. MODIFICATIONS TO THE SERVICE

SHIPPEEK, in its sole discretion, has the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the SERVICE (or any part thereof) with or without notice for any reason at any time.

4. SHIPPEEK SERVICE

The SERVICE is an internet based software platform that provides a transportation management solution designed to streamline the shipping process. The SERVICE is not itself, nor is it an agent for, a broker, motor, air, or rail carrier, freight forwarder or any other form of freight transportation provider (individually or collectively referred to as a "Transportation Provider" or "Transportation Providers"). All shipping rates, quotations, and transit times are provided directly from Transportation Providers and SHIPPEEK is not responsible for the accuracy or completeness of that information. Any shipments with a Transportation Provider participating in the SERVICE platform are subject to the terms and conditions of the particular Transportation Provider with whom transportation has been arranged.

5. SUBSCRIPTION FEES AND PAYMENT TERMS

SHIPPEEK offers payment based service plans under which SHIPPEEK charges a subscription fee for use of the SERVICES. Subscription fee rates will be established upon the opening of an account with SHIPPEEK by YOU or by the business entity with whom YOU are employed. All users are subject to credit approval. All charges are payable in US Dollars and are due upon receipt or upon agreed-upon terms. Any payment which is past due shall be subject to an additional charge at the rate of 1.5% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less.

6. USER INFORMATION REQUIRED; RIGHTS GRANTED BY YOU TO SHIPPEEK; AUTHORIZATION

YOU must provide YOUR first name, last name, company/business name, a valid email address and any other information requested in order to complete the signup/login process. YOU agree that this information provided by YOU will be accurate and current and YOU further agree to maintain and promptly update this information as necessary.

7. ACCOUNT SECURITY

YOU agree that YOU are responsible for maintaining and protecting the security of YOUR SERVICES account and password. YOU further agree that SHIPPEEK is not liable for any loss or damage resulting from YOUR failure to comply with this security obligation.

8. INFORMATION PROVIDED BY YOU TO SHIPPEEK

By providing information through the SERVICE, YOU represent and warrant that YOU are entitled to submit the information and that the information is true, accurate, complete, current, not confidential, and not in violation of any contractual restrictions or other third party rights.

9. USER ELIGIBILITY AND REQUIREMENTS

To be eligible to use the SERVICE, YOU must meet the following criteria and represent and warrant that YOU: (1) are 18 years of age or older; (2) are not currently restricted from the SERVICES, or not otherwise prohibited from having an account, (3) have full power and authority to agree to these Terms and Conditions and doing so will not violate any other agreement to which YOU are a party.

10. REFUND POLICY

Users have the option to request a full refund within 1 day of purchase.

11. PRIVACY POLICY

Our Privacy Policy governs our treatment of any information, including personally identifiable information YOU submit to us. For additional information please see the SHIPPEEK Privacy Policy.

12. DISCLAIMER OF WARRANTIES

YOUR use of the SERVICE is at YOUR sole risk. SHIPPEEK, the SERVICE, the information contained on or made available through the SERVICE or WEBSITE, as well as any SERVICE offered in connection with SHIPPEEK are made "as is," "as available" and with all inaccuracies. To the fullest extent permissible under applicable law, SHIPPEEK disclaims any and all warranties and representations.

13. LIMITATION OF LIABILITY

In no event shall SHIPPEEK have any liability for damage, loss, or delay to goods shipped incidental to use of the SERVICES of any kind. SHIPPEEK's sole responsibility is to provide the SHIPPEEK platform for use, subject to the Terms and Conditions.

14. TERMINATION OF SERVICE

YOU may terminate YOUR access at any time by contacting us at support@shippeek.com. If YOU terminate service, there will not be any refunds issued. These Terms and Conditions shall survive any termination.

Last Updated: October 2024