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Terms Of Service

These Terms and Conditions of Use (these “Terms of Use”) set forth the terms and conditions that apply to your use of the Website located at www.shipcrow.com (the “Website”) and the services and materials offered thereon (the “Service”) which are offered to you by SHIPCROW LLC. (“Shipcrow” or the “Company”). By using this site, you agree to these Terms of Use just as if you had signed a paper agreement. If you do not agree to be bound by the terms and conditions of these Terms of Use, please discontinue your use of the Services provided on this website.

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.shipcrow.com/privacy-policy, incorporated herein by reference.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

NO LEGAL ADVICE PROVIDED

SHIPCROW and shipcrow.com have been created to provide you with a convenient way to complete forms and to provide you with a general understanding of the law by providing general information and materials for you to read. SHIPCROW is not a law firm and cannot provide you with specific legal advice, recommendations, or counseling under any circumstances. SHIPCROW and its employees, agents, representatives, sales associates and advisors are not acting as your attorney and therefore no attorney-client relationship exists. Communications between you and SHIPCROW’s employees are not subject to attorney-client privilege. The Website should not be used as a substitute for legal advice from an attorney and you should consult with legal counsel if you need legal advice. SHIPCROW is a document filing service and you are solely responsible for your conclusions, direction, order, and actions while using these services.

SATISFACTION GUARANTEE

SHIPCROW is committed to ensuring your satisfaction with all of our services and support. If you are not satisfied with our services, please contact an SHIPCROW representative immediately through support@shipcrow.com. We will address your concern right away by assigning your request to a team leader who will work with you to either resolve the current situation or provide you with a refund. Refunds will be issued to you in the same form of payment provided to SHIPCROW and will include all of the fees you paid minus any out of pocket costs we have incurred as a result of your order, such as state filing fees and other third party costs. We will request that you return all of the documents, kits and any other materials to SHIPCROW and will issue you a refund within seven business days. Your request for refund must be made within 15 days of purchase for this guarantee to remain effective. A service fee of 18% will also be charged for any refunded order.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [https://www.Shipcrow.com/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your direct use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@Shipcrow.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

SHIPCROW LLC., SHIPCROW, the SHIPCROW logo, and Shipcrow.com and all related names, logos, product and service names, designs and slogans are trademarks of SHIPCROW LLC., and all other trademarks, service marks and trade names used on the Website are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of SHIPCROW or the owner of such trademark, service mark or trade name.

RULES AND GUIDELINES

  1. a) Registration

Should SHIPCROW choose to provide member based services, when you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if SHIPCROW suspects that your information is untrue or inaccurate, not current, or incomplete, SHIPCROW may, in its sole discretion, suspend or terminate your membership and refuse current or future access to any Service. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy.

(b) Passwords

Should SHIPCROW provide to you a password that allows you to access certain parts of the Website, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify SHIPCROW of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Website at the end of each session to prevent fraud on your account by third parties.

(c) Communications from SHIPCROW

SHIPCROW may choose to send you e-mail newsletters on a variety of topics – for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by SHIPCROW, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, SHIPCROW may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose. We may submit information on your behalf according to the procedures necessary to complete your order.

(d) Rules For Use Of Website

(1) Conduct Required for Use of the Website

It is a condition of your use of the Website that you do not:

(i) restrict or inhibit any other user from using the Website;

(ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting nudity;

(iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;

(iv) post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission);

(v) post or transmit any information, software or other material that contains a virus or other harmful component;

(vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking;

(vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters”;

(viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;

(ix) impersonate SHIPCROW or its employees, any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;

(x) resell, redistribute, broadcast or transfer the information or use the information derived from the Website in a searchable, machine-readable database;

(xi) use the Website to collect personally identifying information about users of the Website in violation of our Privacy Policy;

(xii) disguise a file type to thwart SHIPCROW’s detection processes;

(xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or

(xiv) attempt to gain unauthorized access to other computer systems or networks connected to the Website or otherwise attempt to interfere with the proper working of the website. You agree that you will not use the Website, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. SHIPCROW, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any SHIPCROW Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.

(2) Monitoring

SHIPCROW has no obligation to monitor the use of the Website by members. You acknowledge and agree that SHIPCROW reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Website for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Website constitutes consent to such monitoring. Furthermore, SHIPCROW reserves the right at all times to disclose any information posted on any portion of the Website as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in SHIPCROW’s sole and absolute discretion are objectionable or in violation of these Terms of Use.

SUBMISSIONS

SHIPCROW is pleased to hear from users and welcomes your comments and testimonials regarding SHIPCROW’s programs and services and its blog postings. SHIPCROW does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by SHIPCROW’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example, testimonials), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), they shall be deemed, and shall remain, the property of SHIPCROW, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to SHIPCROW. Disclosure, submission, or offer of any Comments shall constitute an assignment to SHIPCROW of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. SHIPCROW may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to SHIPCROW and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. SHIPCROW is and shall be under no obligation to: (1) maintain any of your or any user’s Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user’s Comments.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our site or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our respective Order Confirmations, which are hereby incorporated into these Terms of Use.

  1. Services. SHIPCROW shall provide the services to customer as described in the Order Confirmation (the “Services”) in accordance with these Terms.
    1. Performance Dates. SHIPCROW shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only.
    2. Customer’s Obligations. Customer shall:
      1. cooperate with SHIPCROW in all matters relating to the Services and provide such access to customer’s information as may reasonably be requested by SHIPCROW, for the purposes of performing the Services;
      2. respond promptly to any SHIPCROW request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for SHIPCROW to perform Services in accordance with the requirements of the Order Confirmation;
      3. provide such customer materials or information as SHIPCROW may request to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects; and
      4. obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.
    3. Customer’s Acts or Omissions. If SHIPCROW’s performance of its obligations under these Terms of Use is prevented or delayed by any act or omission of customer or its agents, subcontractors, consultants or employees, SHIPCROW shall not be deemed in breach of its obligations under these Terms of Use or otherwise liable for any costs, charges or losses sustained or incurred by customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
    4. Change Orders.
      1. If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. SHIPCROW shall, within a reasonable time after such request, provide a written estimate to customer of:
        1. the likely time required to implement the change;
        2. any necessary variations to the fees and other charges for the Services arising from the change;
        3. the likely effect of the change on the Services; and
        4. any other impact the change might have on the performance of these Terms of Use.
      2. Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order”). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance with this Section.
      3. Notwithstanding the foregoing, SHIPCROW may, from time to time change the Services without the consent of customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Order Confirmation.
      4. SHIPCROW may charge for the time it spends assessing and documenting a change request from customer on a time and materials basis in accordance with the Order Confirmation.
    5. Fees and Expenses; Payment Terms; Interest on Late Payments.
      1. In consideration of the provision of the Services by the SHIPCROW and the rights granted to customer under these Terms of Use, customer shall pay the fees set forth in the Order Confirmation.
      2. customer agrees to reimburse SHIPCROW for all reasonable out-of-pocket expenses incurred by SHIPCROW in connection with the performance of the Services.
      3. customer shall pay all invoiced amounts due to SHIPCROW on receipt of SHIPCROW’s invoice. Customer shall make all payments hereunder in US dollars by wire transfer/check/credit card.
      4. In the event payments are not received by SHIPCROW within 15 days after becoming due, SHIPCROW may:
        1. charge interest on any such unpaid amounts at a rate of 15% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and
        2. suspend performance for all Services until payment has been made in full.
      5. In connection with our registered agent service, we reserve the right to resign from such representation if payment is not received in a timely manner. You will receive a renewal notice and invoice 15 days before the expiration of the SHIPCROW registered agent service, 15 days after the expiration of such service and as may be determined by SHIPCROW. If payment has not been received within 15 days of the invoice, SHIPCROW reserves the right to resign as registered agent, upon which time we will send you a formal resignation letter and effect the appropriate filing with the Delaware Department of State.
    6. Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by customer hereunder.
    7. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
    8. Force Majeure. SHIPCROW shall not be liable or responsible to customer, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in fulfilling or performing any term of these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of BS including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage[, provided that, if the event in question continues for a continuous period in excess of 30 days, Customer shall be entitled to give notice in writing to SHIPCROW to terminate the order.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features] Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

TERMINATION

SHIPCROW may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Website, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Website without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Website with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Website, (iii) any other access or use of the Website except as expressly provided in these Terms of Use, (iv) any violation of the terms and conditions of these Terms of Use or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Website, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Website, or (vi) failure to use the Website or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to SHIPCROW of your intent to terminate these Terms of Use. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which SHIPCROW may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to SHIPCROW and its licensors.

MODIFICATION

SHIPCROW reserves the right, in its sole discretion, to amend these Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Website, via e-mail or any other reasonable means. Continued use of the Website by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of New York in the United States. Unless otherwise specified, we provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local and international laws.

The Service provided through our Website are subject to United States export controls. No Services may be provided (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals (SDN) or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Lewes, Delaware, U.S.A., regarding any and all disputes relating to these Terms of Use or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms of Use are material terms of these Terms of Use and that they have been taken into account in the decision by SHIPCROW to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of SHIPCROW. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.

SEVERABILITY

In the event any of the provisions of this agreement are deemed to be unenforceable by a court of law, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.

ENTIRE AGREEMENT

You agree that these Terms of Use is the complete and exclusive agreement between you and SHIPCROW LLC. This agreement supersedes any agreement and understanding, whether oral or written and whether established by practice or precedent.