Welcome to ShipOn.com.

USMG Inc, doing business as ShipOn.com, is a US-based shipping company doing domestic and international business for sellers and buyers.

Throughout the website (shipon.com), the terms “ShipOn”, “we”, “us” and “our” refer to ShipOn.com.

By visiting our website and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms (the “Agreement”). This Agreement applies to all users of the website, including without limitation users who are browsers, affiliates, vendors, customers, merchants, and/or contributors of content.

Please read this Agreement carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by this Agreement. If you do not agree to all the terms of this Agreement, then you may not access the website or use any service.

Any new features or tools which are added to the current platform shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. DEFINITIONS

When the following words are used in this Agreement, this is what they will mean:

User : Means any person who accesses ShipOn Platform.

Service: Refers to the service provided by ShipOn and third party services as described in this Agreement.

Customer Refers to the User who accesses our platform (i.e. the Website) and purchases any products or services with us.

Intellectual Property Rights: Means (without limitation) any patents, rights to inventions, copyright and related rights, trade-marks and service marks, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Platform : Computing framework on which applications may be run including the Website.

System : Is a collection of entities (hardware, software and liveware) that are designed to receive, process, manage and present information in a meaningful format.

Personal Information : Personal data, also known as personally identifiable information (PII) is any information relating to an identifiable person. For example, an individual’s name, signature, address, phone number or date of birth.

Notification: The email/push sent from ShipOn to a customer.

Website: https://shipon.com

2. GENERAL RESTRICTIONS

You represent, warrant, and agree that you will not use the Website, interact with the service, in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else;

(b) Violates any law;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your ShipOn account or anyone else’s (such as allowing someone else to log in to the service as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Mail list, Listserv, any form of auto-responder or “spam” on the service, or any processes that run or are activated while you are not logged into the service, or that otherwise interfere with the proper working of the service (including by placing an unreasonable load on the service’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the service or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content; or

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the service.

A VIOLATION OF THE FOREGOING IS GROUNDS FOR TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICE.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. You agree not to reproduce, duplicate, copy, sell, resell or exploit any of the products on the websites, the designs, brand trademarks, registered trademarks, or brand campaigns through which the service is provided, without express written permission by us. ShipOn is protected under Copyright Law Designs and Patents Act 1988. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.

4. ACCEPTABLE USE

You shall not

(a) provide System passwords or other log-in information to any third-party;

(b) share nonpublic System features or content with any third-party;

(c) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas; or

(d) engage in web scraping or data scraping on or related to the System, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.

If ShipOn suspects that you have violated the requirements of this section, we may suspend your access to the System without advanced notice, in addition to other remedies we may have.

ShipOn is not obligated to take any action against you or any other System user or other third party for violating this Agreement, but we are free to take any such action it sees fit.

5. SYSTEM ACCESS

You are responsible and liable for:

(a) your use of the Website, including unauthorized conduct and conduct that would violate the requirements of this Agreement;

(b) any use of the Website through your account or passwords, whether authorized or not.

6. UNAUTHORIZED ACCESS

You agree to take reasonable steps to prevent unauthorized access to the System, including by protecting your password and other log-in information. You shall notify ShipOn immediately if you know of or suspect unauthorized use of the System or breach of its security.

7. COMPLIANCE WITH LAW

In using the Platform, you shall comply with all applicable laws, including laws governing the protection of personally identifiable information and other laws applicable to the protection of your content.

8. DISCLAIMER OF LIABILITY

ShipOn is not liable, and you agree not to hold us (owners, founder, co-founders, executive team, employees, subsidiaries, affiliates, agents) responsible for any: DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

The service and all products and service delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall ShipOn, our directors, officers, employees, affiliates, attorneys, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. DISCLAIMER OF WARRANTIES

ShipOn disclaims all warranties, express or implied regard to this service. ShipOn does not make representations of any kind or warranties available to you through the Platform. No oral advice or written information given by ShipOn or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.

WITHOUT LIMITATING THE GENERALITY OF THE FOREGOING: (a) SHIPON HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGMENT OF INTELLECTUAL PROPERTY; (b) SHIPON DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PREFORM WITHOUT INTERRUPTION OR ERROR; (c) SHIPON DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR CONTENT WILL REMAIN PRIVATE OR SECURE; AND (d) SHIPON DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICE PROVIDED BY OTHER USERS OF THE SYSTEM OR OTHER THIRD PARTIES.

10. RISK OF EXPOSURE

You understand and agree that using/sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content, data to or transmitting it through the system, you assume the risks. ShipOn offers no representation, warranty, or guarantee that your data will not be exposed or disclosed through the System or through errors or the actions of third parties.

The Risks exist and are really dangerous in the online environment. It is important to be aware of the risks that subsist on the internet and how to minimize them:

a) Exposure to inappropriate material

b) Illegal activities

c) Harassment

d) Legal and financial risks

e) Identity theft

f) Cyberattack

g) Invasion of privacy

h) Data breach

i) Scams

11. CYBERSECURITY AND ONLINE PLATFORM DISCLAIMER

• Cyber Security is technologies, processes, procedures and controls that are designed to protect Digital Environments from Cyber Security Incidents;
• Cyber Security Incident is the loss or unauthorized destruction, alteration, disclosure of, access to, or control of a Digital Environment;
• Digital Environment is information technology systems, operational technology systems, networks, internet-enabled applications or devices and the data contained within such systems.

ShipOn has implemented administrative, physical and technical safeguards to protect Client’s Personal information. We shall ensure that all such safeguards, including the manner in which Personal Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement.

You understand and agree that sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content to or transmitting it through the system, you assume the risks. ShipOn offers no representation, warranty, or guarantee that your content will not be exposed or disclosed through the System or through errors or the actions of third parties.

ShipOn is not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:

• Your use of or your inability to use our Website or Site Service;
• Delays or disruptions in our Website or Site Service;
• Viruses or other malicious software got by accessing, or linking to, our Website or Site Service;
• Glitches, bugs, errors, or inaccuracies of any kind in our Website or Site Service;
• Damage to your hardware device from the use of the Website or Site Service;
• The content, actions, or inactions of third parties’ use of the Website or Site Service; and
• A suspension or other action taken regarding your Account.

12. INFORMATION SECURITY EXPERTS

a) Regularly we consult with our developers if urgent issues arise with the Website or if there are scheduled feature releases or upgrades.

b) Hosting company will only be asked to access the data in the Website's event being down or server issues.

c) We may consult with security experts to ensure continuous Website safety and compliance.

13. CYBERATTACK DISCLAIMER

A cyberattack is where an attacker tries to gain unauthorized access to an IT system for the purpose of theft, extortion, disruption on other nefarious reasons.

Normally, a cyberattack is carried out by someone who is not, or was not, a member of your organization.

ShipOn strives to protect Customers against Cyberattacks. We have implemented our system with security experts; we take different types of security measures to protect our users.

We are not liable for any Cyberattack, damage, or loss on the World Wide Web. You expressly agree and acknowledge that the use of the ShipOn Platform is at your sole risk. In no event will ShipOn, ShipOn professionals or their officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use data or other intangible losses arising out of or related to your use of the Website or the Service.

Types of Cyberattacks we take no responsibility :

a) Malware: is a type of application that can perform a variety of malicious tasks – spy on the user in other to obtain credentials or other valuable data or to cause disruption.

b) Phishing: is where the attacker tries to trick an unsuspecting victim into handing over valuable information, such as passwords, credit card details, intellectual property, and so on.

c) MITM - Man-in-the-middle-attack is where an attacker intercepts the communications between two parties in an attempt to spy on the victims, steal personal information or credentials, or perhaps alter the conversation in some way.

d) DDoS – Distributed Denial-of-Service attack – is where an attacker essentially floods a target server with traffic in an attempt to disrupt, and perhaps even bring down the target. A DDoS attack is able to leverage multiple compromised devices to bombard the target with traffic.

e) SQL injection: is a type of attack which is specific to SQL databases. The attacker can exploit the HTML form to execute queries that will create, read, modify, or delete the data stored in the database.

f) Zero-day exploit: is where cyber-criminals learn of a vulnerability that has been discovered in certain widely-used software applications and operation systems, and then target organizations who are using that software in order to exploit the vulnerability before a fix becomes available.

g) DNS tunnelling: is a sophisticated attack vector that is designed to provide attackers with persistent access to a given target. Attacker are able to insert or tunnel malware into DNS queries. The malware is used to create a persistent communication channel that most firewalls are unable to detect.

h) BEC – Business Email Compromise: is where the attacker targets specific individuals, usually an employee who has the ability to authorize financial transactions, in order to trick into transferring money into an account controlled by the attacker. BEC attacks usually involve planning and research in order to be effective.

i) Cryptojacking: is where cyber criminals compromise a user’s computer or device and use it to mine cryptocurrencies, such as Bitcoin. Organizations don’t have great visibility when it comes to this type of attack, which means that a hacker could use valuable network resources to mine a cryptocurrency without the organization having any knowledge of it.

j) Drive by Attack: A drive by download attack is where an unsuspecting victim visits a website which in turn infects their device with malware. The website in question could be one that is directly controlled by the attacker, or one that has been compromised. In some cases, the malware is served in content such as banners and advertisements.

k) Cross-site scripting (XSS) attacks: Cross-site scripting attacks are quite similar to SQL injection attacks, although instead of extracting data from a database, they are typically used to infect other users who visit the Website. It can happen on the comment section on a webpage.

l) Password attack: is a type of cyberattack where an attacker tries to guess or cracks a user’s password. Some examples: Brute-force attack, Dictionary attack, Rainbow table attack, Credential stuffing, Password spraying and Keylogger attack.

m) Eavesdropping attack: Sometimes referred as “snooping” or “sniffing”, an eavesdropping attack is where the attacker looks for unsecured network communications to intercept and access data that is being sent across the network.

n) AI-Powered attack: AI-powered software is able to slave machines to perform a huge DDoS attack. Also, can learn what kinds of approaches work best and adapt their attack methods accordingly. They can use intelligence feeds to quickly identify software vulnerabilities, as well as scan systems themselves for potential vulnerabilities. AI-powered attacks can work around the clock, they are fast, efficient, affordable and adaptable.

o) IOT-Based attacks: is a type of attack where an attacker goes through an IOT (internet-of-things) device and exploit target such as medical devices, security systems, smart thermometers in order to launch large-scale DDoS attacks.

14. COOKIES

ShipOn uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the content that you see on our website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies. By using our Website, registering an account, or making a purchase, you consent to the fact that we use cookies.

15. PRIVACY POLICY

You acknowledge the collection, use, disclosure and other handling of information described in our Privacy Policy shipon.com/privacy-policy which we may update from time to time.

16. HOW WE PROTECT YOUR DATA

a) We implement a variety of security measures to maintain the safety of your personal information when you use our service through the Platform. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers' database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

b) After a transaction, your private information (credit cards, social security numbers, financials, etc.,) is never kept on file. We cannot, however, ensure or warrant the absolute security of any information you transmit to ShipOn or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by a breach of our physical, technical, or managerial safeguards.

17. LEGAL BASIS FOR PROCESSING YOUR DATA

ShipOn legal basis for collecting and using the personal information described in this Agreement depends on the Personal Data we collect and the specific context in which we collect it.

ShipOn may process your Personal Data because:

• We need to perform a contract with you;
• You have given us permission to do so;
• The processing is in our legitimate interests, and it's not overridden by your rights;
• For payment processing purposes; or
• To comply with the law.

18. DATA PROTECTION RIGHTS UNDER GDPRs / CCPA / PIPEDA

You have certain data protection rights. ShipOn aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data, we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or to delete the information we have on you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where the ShipOn relied on your consent to process your personal information.

19. CONDUCT AND BEHAVIOUR

Without limitation other remedies, we may limit, suspend, or terminate your User account and access to our service, restrict or prohibit access to, and your activities on, our service, remove or demote, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our service if:

a) we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;

b) we think that such restrictions will improve the security of the ShipOn community or reduce our or another ShipOn User's exposure to financial liabilities;

c) we think that you are infringing the rights of third parties;

d) we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies or abuse our employees or users.

20. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

21. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and service are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

22. THIRD-PARTY LINKS

Certain content, products and service available via our service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or service of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, service, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

23. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

24. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

25. SEVERABILITY

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

26. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement and any policies or operating rules posted by us on this Website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement). Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

27. MISCELANEOUS

This Agreement and your use of the Platform shall be governed by the laws of the state of Texas, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in Harris County, Texas, under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Harris County, Texas, for any action related to this Agreement.

No waiver by ShipOn of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ShipOn to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

28. CHANGES TO TERMS

You can review the most current version of this Agreement at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to this Agreement constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about this Agreement should be sent to us at [email protected].