BY USING THIS WEBSITE OR PURCHASING ANY SERVICES THROUGH THIS WEBSITE, YOU AGREE TO THE FOLLOWING:
The Parcel Path website (the "Website") allows you to compare, select, and purchase third party courier (each a "Courier") services ("Services") for shipping documents and goods nationally and internationally. Parcel Path serves only as an intermediary between you and Couriers, providing you with a platform to order Services, and will not become a party to any contract to pick up, transport, ship, deliver, or otherwise provide any service beyond simply reselling such Services.
Parcel Path may, from time to time, amend or modify these Terms and Conditions of Your Use of This Website (these "Terms") and post the amended or modified Terms on the Website, which will automatically be effective five (5) business days after being posted. If at any time you do not agree to be bound by and comply with these Terms, as amended or modified from time to time, you agree that your sole remedy is to cease using the Website.
By accessing, using, or obtaining any content, data, materials, information, or Services through the Website, you (i) agree to be bound by these Terms, as amended or modified from time to time, and (ii) affirm that you are eighteen (18) years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations, and warranties set forth herein.
DISCLAIMER OF WARRANTY
The Website and Services provided hereunder are provided on an "as is" basis and Parcel Path makes no representation or warranty of any kind relating thereto, including, but not limited to, the operation of the Website or the content, data, information, or Services on this Website, the implied warranties of merchantability, title, non-infringement, fitness for a particular purpose, security and accuracy, or any other warranties that might arise from the course of dealing, course of performance, or usage of trade. No advice or information provided by Parcel Path will create a warranty. You assume total responsibility and Parcel Path will not be liable for any and all risk of any kind arising from Your use of, or inability to use, the Website, the services, or any other content, data, materials, or information of Parcel Path including, but not limited to, any direct, indirect, incidental, special, punitive, or consequential damages whether or not Parcel Path was or should have been aware of the possibility of such damages.
LIMITATION OF PARCEL PATH'S LIABILITY
Parcel Path will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or are in any way related to: (i) any use of the Website or the data, materials, information or content thereof; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this Website) in performance of Services; or (iii) the performance or non performance by Parcel Path, a Courier, or any other provider, whether or not Parcel Path knew or should have known of the possibility that such damages to such parties or any other party might be incurred. In any event, Parcel Path will not be liable for any damages in excess of the purchase price paid for the individual Service at issue, whether or not Parcel Path had knowledge that such damages might be incurred.
You will defend, indemnify and hold Parcel Path, its officers, directors, employees, and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or your use of, or access to, the Website or Services.
THIRD PARTY COURIERS
The display on or through the Website of Service options offered by Couriers does not in any way imply, suggest, or constitute any sponsorship, recommendation, approval by Parcel Path of any such Courier or such Courier's Service options, or any affiliation between any such Courier and Parcel Path. You agree that Parcel Path is not responsible for the accuracy, timeliness, or thoroughness of information on the Website related in any way to Couriers or their Services. Your interaction with any Courier accessed through the Website is at your own risk, and Parcel Path will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such Courier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Courier.
It is your responsibility to find, open, read, understand, and accept the terms, conditions, or rules of purchase of any Courier you select to perform Services. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any Courier you select to perform Services, including terms or condition of purchase set forth in a Courier's terms, conditions, and rules.
The Website may contain links to Courier websites ("Courier Websites"). Courier Websites are not under the control of Parcel Path and Parcel Path is not responsible for the contents of any Courier Website, including without limitation any link contained in a Courier Website, or any changes or updates to a Courier Website.
USE OF WEBSITE
You agree that the Website, in whole or in part, will not be reproduced, duplicated, reverse engineered, copied, sold, resold, or otherwise exploited for any commercial purpose not expressly permitted by Parcel Path. Parcel Path reserves the right to refuse service, terminate accounts, and/or cancel orders for Services in its discretion including, without limitation, if Parcel Path believes that your conduct violates applicable law or is harmful to the interests of Parcel Path. Any use of Website data, materials, content, or information; any derivative use of this Website or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.
By accessing or using this Website or the Services, you agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Parcel Path reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
PAYMENT
You agree to pay Parcel Path all charges applicable for the Services at the time such Services are ordered by you on the Website. You are responsible for ensuring that Parcel Path has updated information (including, among other things, valid credit card numbers and contact information) and you are responsible for entry of information regarding the Services you order. Should any amounts due for Services remain unpaid, you agree to pay, in addition to principal amount and any applicable interest thereon, all of Parcel Path's reasonable costs of collecting or attempting to collect, including reasonable attorney fees and expenses.
You are responsible for any additional charges due to (a) misstatements regarding weight, size, classification, number, or manner of Service, (b) deliveries on weekends or holidays, (c) local customs charges, (d) import taxes or duties, or (e) any similar charge(s) incurred. If any such charges become due as a result of Services performed by a Carrier on your behalf and are charged to us by a Carrier, you agree that Parcel Path may charge any such amounts on the credit card used when such Services were purchased or, in the event that you paid for the Services in another manner, you agree to reimburse Parcel Path fully for such charges within seven (7) days of our demand. Parcel Path is not required to automatically provide any refunds or reduction of charges for any misstatement by you of weight, size, number or manner of Service.
Any claim for postage or fee refund must be processed directly with Parcel Path on the Website within twenty (20) days of date of purchase. In addition, you agree to assign to Parcel Path any and all rights to file any such claims with or against any Carrier with respect to Services ordered or paid for on the Website.
COLLECTION; USE OF YOUR DATA
Parcel Path may access your account and data from time to time, for purposes of (a) Parcel Path's business operations; (b) support, administration and invoicing related to your use of the Website or Services; or (c) responding to a valid order from a court of competent jurisdiction or other governmental body. Except as permitted in these Terms, Parcel Path will not edit, delete or disclose the contents of data unless authorized by you or unless Parcel Path is required to do so by law or in the good faith belief that such action is necessary to: (i) conform with applicable laws or comply with legal process served on Parcel Path; or (ii) enforce these Terms. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data.
Parcel Path may collect, use, and distribute statistical information related to the usage of the Website, Services, or traffic patterns only in aggregate and de-identifiable form ("Aggregated Data"). Parcel Path will own all Aggregated Data.
TERMINATION
Parcel Path may terminate your access to and use of the Website for any or no reason at any time. Upon such termination, you agree to immediately pay Parcel Path any unpaid amounts related to Services ordered. Any accrued rights, remedies, obligations or liabilities will not be affected including, but not limited to, Parcel Path's right to claim damages in respect of any breach of these Terms or Parcel Path's right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.
MISCELLANEOUS
You agree that nothing in these Terms or in your use of or access to the Website or Services will make you an employee, agent, or legal representative of Parcel Path. You may not assign or delegate the performance of part or all of your obligations under these Terms, without the prior written approval of Parcel Path.
These Terms will be construed and interpreted in accordance with and governed by the laws of the State of Oregon, exclusive of its provision relating to conflicts of laws. You agree that any action related to these Terms, the Website or the Services may only be brought before the state and federal courts located in Multnomah County, Oregon. You further agree that any disputes, claims, or causes of action arising out of or in any way related to the Website or these Terms, will be resolved individually, without resort to any form of class action.
All terms used in one number or gender will be construed to include any other number or gender as the context may require. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Parcel Path. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.