Terms of Use
These Terms and Conditions govern your use of ShipCalm, LLC’s website. These Terms and Conditions apply to everyone who uses our website, and if you do not agree with these Terms and Conditions, you should stop using our website. In consideration of ShipCalm, LLC’s (including its direct and indirect parent companies, subsidiaries, and affiliates, collectively referred to as “ShipCalm”) allowing you to use its website, you agree to be bound by these Terms and Conditions of this Agreement (the “Agreement). You agree that your use of ShipCalm’s website has the same effect as manually signing this Agreement with ShipCalm and creates a valid and binding contract between you and ShipCalm. Your continued use of this website constitutes a continuing acceptance of this Agreement, as amended from time to time in ShipCalm’s sole discretion and without notice to you. It is your responsibility to review the Agreement each time you use our website so that you are aware of any modifications made.
All prices quoted through ShipCalm’s website are estimates only, and actual prices may vary depending on many factors that make each potential or current client of ShipCalm unique. Additionally, because we are human, we may sometimes have mistakes or errors on our website. Moreover, any information provided on our website is subject to change without notice, including these Terms and Conditions.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL MATERIALS AND INFORMATION PROVIDED ON SHIPCALM’S WEBSITE ARE PROVIDED ON AN “AS IS” “WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, EXPRESS OR IMPLIED, AND SHIPCALM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION AND MATERIALS LOCATED ON OR PROVIDED THROUGH ITS WEBSITE. SHIPCALM DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON ITS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW,SHIPCALM (INCLUDING ITS MEMBERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, OR SYSTEM INTEGRATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHIPCALM WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY, OR INJURY TO PROPERTY) RESULTING FROM THE USE OR INABILITY TO USE OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, GUARANTY, STRICT LIABILITY, OR ANY OTHER POSSIBLE LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SHIPCALM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE TO INDEMNIFY, PAY TO DEFEND, REIMBURSE, RELEASE, AND HOLD HARMLESS SHIPCALM FOR ANY AND ALL LOSS, EXPENSE, DAMAGE, OR LIABILITY ARISING FROM YOUR USE OF OUR WEBSITE OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
The contents of our website, including but not limited to the text, images, graphics, slogans, sound files, animation files, video files, and the arrangement of information and materials displayed on the website are all owned by ShipCalm, and are subject to copyright, trademark, and other intellectual property protection under both the laws of the United States and also the laws of foreign jurisdictions. These contents may not be copied for commercial use or distribution, nor may these objects be printed, copied, reproduced, used, distributed, transmitted, stored, displayed, modified, or posted to any other medium for commercial use. By visiting our website you do not acquire or obtain (by implication or otherwise) any license or right to use any contents displayed on our website. Any unauthorized or unlawful use of these contents may violate civil or criminal laws, and you will be prosecuted or sued to the full extent allowed by law or equity.
These Terms and Conditions shall be governed by applicable federal law and the laws of the state of California, without respect to its conflict of laws principles, and any legal action related to or arising from your use of our website shall be filed and adjudicated in the Federal or state courts located in San Diego County, California, and you consent to the exclusive jurisdiction and venue in these courts. For any such legal action, you further agree and expressly consent to the exercise of personal jurisdiction in such courts. If you file a legal action anywhere else, you expressly agree to reimburse ShipCalm (and its members, owners, officers, directors, employees, agents, contractors and suppliers) for any costs and fees they may incur in having the legal action removed to a court located in San Diego County, California. BY YOUR USE OF OUR WEBSITE, YOU AND SHIPCALM HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).
Each provision of these Terms and Conditions shall be interpreted in such a manner as to be valid under California law, but if any provision of these Terms and Conditions is prohibited by or invalid under California law, only that provision alone will be prohibited or invalidated, and the remaining provisions of these Terms and Conditions will continue in full force and effect.
