SimpliShip User Agreement

About SimpliShip

SimpliShip is a marketplace that allows users to put international shipments up for bid in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers.

SimpliShip is a marketplace connecting shippers and carriers through an online application. SimpliShip does their best to ensure high quality carriers and shippers participate in the application but SimpliShip does not offer any warranty or confirmation of any guarantees expressed by either a shipper or carrier. It is solely the responsibility of the shipper and carrier to follow international trade laws. All insurance and claims are dealt with directly between the carrier and shipper with no involvement from SimpliShip.

I. ACCEPTANCE

Welcome to SimpliShip. The following is an agreement (hereinafter “Agreement”) between you and SimpliShip. Your access, visitation and/or use of this website (hereinafter “Site), establish that you have read, understood, and agree to be bound by this Agreement and that you agree to comply with all applicable state and federal laws and regulations. If you do not agree with the terms and conditions of this Agreement, you may not access, visit and/or use this Site. SimpliShip reserves the right to change this Agreement at any time, and you agree (including by virtue of your continued use of our Site) to be bound by any such changes. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Our services are accessible to international customers. All customers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. You agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and SimpliShip. The state and federal courts located in Boston, Massachusetts, shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby agree to the personal jurisdiction of such courts.

II. USE RESTRICTIONS

The copyright in all materials provided on this Site is owned by SimpliShip. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Site or any of its content, without the prior written permission of SimpliShip or the copyright owner. You reserve the right to display, copy, distribute and/or download the materials on this Site solely for personal and/or non-commercial use; however, neither you nor any third party shall make use of the contents of our Site in any way that establishes an infringement of the rights of SimpliShip, including copyright. This right automatically terminates if you or a third party breach any of the terms of this Agreement. In the event of termination, all downloaded and printed materials must be destroyed and SimpliShip reserves the right to take any legal, and/or other actions that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. Any unauthorized use of any material contained on this Site may constitute a violation of copyright laws, trademark laws, privacy and publicity laws, and communications laws.

III. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

By accessing, visiting and/or using this Site you impliedly agree that you are making use of our Site at your own risk, and that all of the information that is being provided to you on SimpliShip is being provided on an “as is” and “as available” basis. As such, to the extent permitted by law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, to the extent allowed by law, SimpliShip is not liable for any damages or losses, including but not limited to, loss of money, reputation, data or profit, other intangible losses, or any indirect, special, incidental or consequential damages, arising out of the use or inability to use the materials on this Site. You shall assume any costs associated with the servicing, repair or correction of equipment or data that results from your use of the materials on our Site. You further agree that SimpliShip is not a licensed Freight Transportation Broker as set forth by the Federal Motor Carrier Safety Administration (FMCSA). SimpliShip assumes no liability for damages to people, property or cargo in connection with shipping transactions created on this Site. SimpliShip assumes no liability for any terms and conditions that are the result of a shipping agreement, including but not limited to, the nonpayment of outstanding invoices. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party shall not exceed fifty dollars ($50), irrespective of whether the cause of action be in tort, contract or otherwise.

IV. CANCELLATION POLICY

All SimpliShip shipping agreements are final. Once a customer enters into a shipping agreement on our Site, the agreement cannot be voided or rescinded.

V. AGREEMENT TO ARBITRATE & CHOICE OF LAW

The provisions of this Agreement shall be construed in accordance with the laws of the state of Massachusetts. Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Center in Boston, Massachusetts. The prevailing party may be entitled to recover any costs or expenses (including reasonable accounting and attorney’s fees) associated with claims brought hereunder. Judgment upon the award rendered may be entered in any court within its jurisdiction.

VI. INTERNATIONAL BUYING & SELLING

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

VII. SimpliShip TRANSMISSIONS

Any material that is transmitted or posted on this Site will be deemed non-confidential and non-proprietary. SimpliShip retains the right to use and/or disseminate any such material for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products. Please refer to SimpliShip’s Privacy Policy for more information on our rights to the use and disclosure of the personal information that is transmitted when you use our Site. You are prohibited from posting or transmitting to or from this Site any material that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any other material that could give rise to any civil or criminal liability under the law.

VII. ENTIRE AGREEMENT

By entering into this Agreement, you represent that you have not relied upon any agreements or representations, whether written or oral, express or implied, with respect to the services rendered that are not expressly set forth in this Agreement. This Agreement represents the entire understanding and agreement of you and SimpliShip, and any changes, amendments, or addendums shall be in writing and signed by both you and SimpliShip to be valid.