Terms of Service

Last updated: April 22, 2024

SHIPMINT

IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (THESE “TERMS”).

Except to the extent you are entering into these Terms on behalf of an entity that has an existing written agreement with Shipmint, Inc., a North Carolina corporation with a principal business address at 333 Fayetteville Street, Suite 508, Raleigh, NC 27601 (“Shipmint”, “we”, “us”, or “our”) that expressly covers such entity’s access to and use of Shipmint’s proprietary software platform, hosted and made available at [URL] and/or via mobile application or other agreed means (the “Service”), these Terms govern access and use of the Service by you and by any entity on whose behalf you will access and use the Service.

SUBJECT TO THE EXCEPTION IN THE PRECEDING PARAGRAPH, BY CLICKING ON THE “I AGREE” BUTTON BELOW (IF APPLICABLE), AGREEING TO A QUOTATION OR OTHER DOCUMENT USED TO PURCHASE ACCESS TO THE SERVICE FROM SHIPMINT (AN “ORDER FORM”) THAT REFERENCES THESE TERMS, OR PROCEEDING WITH THE INSTALLATION, DOWNLOAD AND/OR ACCESS AND USE, AS APPLICABLE, OF THE SERVICE, YOU:

ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS;
REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF OR, IF APPLICABLE, THE ENTITY IN RESPECT OF WHOM THE LICENSE TO ACCESS AND USE THE SERVICE WAS ORDERED (IN EITHER CASE, “YOU” OR “YOUR”); AND
AFFIRM THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS AND TO ABIDE BY AND COMPLY WITH THESE TERMS.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU DO NOT HAVE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU WILL ACCESS AND USE THE SERVICE, OR YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH ABOVE, YOU MUST CLICK THE “CANCEL” BUTTON BELOW AND YOU MUST CEASE ALL ACCESS AND USE OF THE SERVICE.

License Grant; Restrictions; Ownership

License Grant. In consideration for the payment of all fees and Your ongoing compliance with these Terms, Shipmint hereby grants You a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Service, solely in accordance with these Terms.

Restrictions. You agree not to (and will not permit or enable any other third party to), directly or indirectly: (a) license, sublicense, modify, copy, reproduce, rent, loan, lease, sell, resell, assign, distribute, grant a security interest in, transfer any right to, commercially exploit, or create derivative works (including, without limitation, improvements, enhancements, revisions, or modifications) based on, the Service or any portion thereof, (b) infringe or violate any of Shipmint’s or its licensors’ intellectual property rights or other rights in the Service; (c) decompile, disassemble, translate, reverse engineer or otherwise attempt to identify, reconstruct, derive, or discover the source code (or the underlying ideas, user interface techniques, algorithms, structure, or organization) of the Service; (d) remove or alter any identification, copyright, trademark, patent, or other proprietary notices, legends, symbols, or labels appearing in the Service; (e) attempt to circumvent or violate the technical restrictions of the Service; (f) publicly disseminate performance information about or analysis of the Service; (g) access the Service in order to build a competitive product or service or to copy any ideas, features, functions, or graphics of the Service; (h) use the Service for any purpose other than as expressly authorized herein; (i) take any action that would cause any part of the Service to be placed in the public domain; (j) challenge Shipmint’s or its licensors’ intellectual property rights in any portion of the Service; (k) share Your account password or other login credentials with anyone; (l) send spam or similar unsolicited messages; (m) send or store infringing, obscene, threatening, libelous, defamatory, or otherwise unlawful material; (n) send or store viruses or other harmful or malicious code, files, scripts, agents, or programs; (o) interfere with or disrupt the integrity or performance of the Service or Shipmint’s sites, servers, or networks; or (p) attempt to gain unauthorized access to Shipmint’s systems, networks, infrastructure, or the Service.

Ownership.

Shipmint and its licensors are the sole and exclusive owners of all right, title, and interest, including all intellectual property rights, in and to the Service, including all updates, improvements, enhancements, revisions, modifications, new releases and versions, fixes, patches, and derivative works of the Service. All Shipmint trademarks, service marks, trade names, logos, domain names, and any other features of the Shipmint brand (“Shipmint Brand Features”) are the sole property of Shipmint or its licensors. These Terms do not grant You any rights to use any Shipmint Brand Features whether for commercial or non-commercial use. All rights not expressly granted to You in these Terms are reserved for Shipmint and its licensors.

You are the sole and exclusive owner of all right, title, and interest, including all intellectual property rights, in and to Your Data (as defined below) and any other materials that You provide to Shipmint in connection with Your use of the Service (such other materials together with Your Data, “Your Materials”). For purposes of these Terms, “Your Data” means data, records, files, content, or information, in any form or format, including interim, processed, compiled, summarized, or derivative versions of such data, content, or information, that are (i) collected, received, stored, or maintained by the Service or by Shipmint in connection with Your use of the Service, or (ii) provided by You to Shipmint under these Terms. You hereby grant to Shipmint a limited, non-exclusive, royalty-free license to use, reproduce, display, perform, modify, and prepare derivative works based on Your Materials for purposes of providing and maintaining the Service and as otherwise set forth in these Terms. You agree that Shipmint’s collection and processing of Your Data is governed by these Terms and Shipmint’s Privacy Policy, available here: __________________ (as may be updated from time to time), and You hereby consent to Shipmint’s collection and processing of Your Data in accordance with these Terms and the Privacy Policy.

Feedback. You hereby grant Shipmint a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up right and license to use, copy, modify, sell, publish, distribute, sublicense and create derivative works based on Your suggestions, comments, and feedback regarding the Service (collectively, “Feedback”) in any manner and for any purpose. Shipmint may, in its sole discretion, and without compensation to or attribution of You or any third party, use Feedback in any way, including in future modifications of the Service.

No Support Obligations. Shipmint will not have any obligation under these Terms to provide any updates, corrections, changes, enhancements, or modifications to the Service (collectively, “Updates”) or to otherwise correct any errors or defects in the Service. However, if any Updates are provided by Shipmint to You, the terms and conditions of these Terms will govern such Updates unless such Updates are accompanied by a separate written agreement with Shipmint.

Third Party Content, Links, and Software. The Service may contain content provided, owned, and/or created by third parties, including, without limitation, content that may be publicly available through other sources (collectively “Third-Party Content”). Shipmint does not provide any warranty as to Third-Party Content, including but not limited to the accuracy or completeness of such Third-Party Content or as to whether use of such Third-Party Content infringes any third party’s intellectual property rights.

Risks. Shipmint acts solely as an operator of the Service and does not warrant that the use or operation of the Service will be uninterrupted or error-free. Use of the Service and any reliance upon the Service, including any action taken or not taken by You or any other person because of such use or reliance, is at Your sole risk. You acknowledge and agree that the Service relies on Your network and connectivity, and that the Service will only function so long as Your device on which You are accessing the Service (the “Device”) is connected to a fully functional communications network. Additionally, You acknowledge and agree that certain features of the Service, including, but not limited to, GPS location features, are subject to such network connectivity, environmental conditions and capabilities of the Device. As between the parties, Your communications network connectivity and capabilities of the Device are Your responsibility. We implement a number of security features to help protect Your information and Your Data. We use industry standard technologies when transferring and receiving customer data exchanged between Shipmint and third parties to ensure its security. User data may be stored on servers maintained by our third-party partners and subject to their security safeguards. SHIPMINT EXPRESSLY ASSUMES NO RESPONSIBILITY WITH REGARD TO COMMUNICATIONS NETWORK CONNECTIVITY, WEATHER CONDITIONS THAT MAY IMPACT THE FUNCTIONALITY OF CERTAIN FEATURES OF THE SERVICE NOR THE CAPABILITIES OF THE DEVICE(S), AND ANY ERROR, INTERRUPTION, OR FAILURE THAT MAY RESULT THEREFROM. Without limiting the foregoing, You agree that Shipmint is not responsible for the accuracy of the data or other information accessed through the Services, and it is Your responsibility to confirm the accuracy of such information.

Suspension of Access. Shipment reserves the right to: (a) monitor access to and use of the Service for compliance with these Terms and applicable laws, and as necessary to protect the security of the Service; and (b) restrict or suspend Your access to the Service in the event Shipmint determines that Your use of or access to the Service may pose a threat to Shipmint’s internal or external security measures or may be in violation of these Terms or applicable law. Shipmint will not have any liability to You solely arising out of its decision to restrict or suspend Your access to the Service as permitted under this Section 1.8.

Subscriptions and Payment

Access to the Service under to an Order Form.

Shipmint will provide You with access to and use of the Service in consideration of the fees described in the applicable Order Form. You will pay all fees in accordance with the payment terms set forth in the invoice. All fees paid are non-refundable. If Your use of the Service exceeds any usage limitations set forth on the Order Form or otherwise requires the payment of additional fees, You will be billed for such usage and You agree to pay the additional fees in the manner provided herein. Unless otherwise agreed in the Order Form, Shipmint reserves the right to adjust the fees at any time at its sole and absolute discretion.

Your subscription to use the Service begins on the “Subscription Effective Date,” which is either (a) the effective date of the Order Form; or (b) an alternate date mutually agreed by both parties in writing. Unless the Order Form specifies a different period, Your initial subscription for the Service (the “Initial Subscription Term”) is 1 year, which begins on the Subscription Effective Date and ends on the first anniversary thereof. Unless otherwise agreed in the Order Form, at the end of the Initial Subscription Term the subscription will automatically renew for successive 1-year renewal periods (each, a “Subscription Renewal Term”) unless and until (i) either party provides the other party written notice of non-renewal at least sixty (60) days before the expiration date of the Initial Subscription Term or the then-current Subscription Renewal Term (as applicable); or (ii) the Order Form and these Terms are terminated in accordance with Section 4.2 below.

Late Fees. Shipmint may charge interest on overdue fees at a rate equal to one and one-half percent (1.5%) per month (or, if lower, the maximum allowable by applicable law) on the unpaid amount until such amount is paid.

Access to the Service Without an Order Form.

Service Options. You can find a description of the Service options on Shipmint’s website, and we will explain which Service options are available to You when You create a Shipmint account. Certain options may be provided to You free-of-charge. Other options require a paid subscription (“Paid Subscription”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Service. We are not responsible for the products and services provided by such third parties.

We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms. If there is a fee listed for any portion of the Service, by accessing, providing Your authorization, or using that portion, You agree to pay the fee. Fees may be processed through a third-party payment processor. If You cancel Your Paid Subscription to the Service, or if Your Paid Subscription to the Service is interrupted (for example, if You change Your payment details), You may not be able to re-subscribe for the Service. You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for Your access to and use of the Service.

Billing. We will bill You for Your use of the Service. We reserve the right to change the price for Paid Subscriptions, including recurring subscription fees and any itemized usage fees, from time to time and will communicate in advance any price changes and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, You accept the new price by continuing to use the Service after the price change takes effect. If You do not agree with a price change, You have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

Renewal; Cancellation. Your Paid Subscription will automatically renew at the end of each applicable subscription period, unless You cancel Your Paid Subscription before the end of the then-current subscription period by sending an email to _________________________ with the subject line _____________________. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

Trials. From time to time, we or others on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We may determine Your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we will require You to provide Your payment details to start the Trial. By providing such details You agree that we may automatically begin charging You for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to You in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY SENDING AN EMAIL TO _________________________ WITH THE SUBJECT LINE _____________________.

Taxes. Except for taxes based on Shipmint’s income generally, You will be responsible for all taxes and fees that arise in any jurisdiction, however designated, imposed on, incident to, or based upon the provision, sale, or use of the Service under these Terms.

Use of the Service

Your Obligations. You are responsible for: (a) making all arrangements necessary for You to have access to the Service; and (b) ensuring that all persons who access the Service through Your internet connection are aware of these Terms and comply with them. To access the Service and many of the resources it offers, You must register for an account. To register for an account You will be asked to provide certain registration details or other information. It is Your responsibility to ensure that all the information You provide on the Service is correct, current, and complete. 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 use Your username, password, or other security information to provide any other person with access to this Service or portions of it. You will notify Shipmint immediately of any access to or use of Your username or password by anyone other than the individual to which they are registered or if You become aware of any other breach of security. You will also ensure that You log out from Your account at the end of each use of the Service. We may disable any username, password, or other identifiers, whether chosen by You or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, You have violated any provision of these Terms.

Your Materials. You represent and warrant that You have all rights, licenses, and consents necessary to provide or otherwise make available Your Materials for Shipmint’s use in connection with, and for the purposes contemplated by, these Terms (including any consents required by applicable data protection regulation, rules, or laws). You will be solely responsible for the accuracy, completeness, and timeliness of all Your Materials as and when provided or otherwise made available to Shipmint. Shipmint will have no liability for any errors in the Service or any other issues caused in whole or in part by inaccurate, incomplete, or untimely materials or information received from You.

Confidentiality. Each party will (a) secure and protect the other party’s confidential and proprietary information using the same degree or greater level of care that it uses to protect its own confidential and proprietary information, but no less than a reasonable degree of care; (b) use the confidential and proprietary information of the other party solely to perform its obligations or exercise its rights under these Terms; (c) only allow those employees, agents, attorneys, consultants and independent contractors (collectively “Representatives”) who (i) have a need to access such confidential and proprietary information, and (ii) are bound by confidentiality obligations consistent with these Terms, to have access to the confidential and proprietary information of the disclosing party, and (d) not transfer, display, convey or otherwise disclose or make available all or any part of such confidential and proprietary information to any third party (excluding Representatives consistent with these Terms). A party may also disclose the other party’s confidential and proprietary information to the extent required by applicable law, regulation, or order of a court or other governmental entity. In such event, the party obligated to comply with such law, regulation, or order will notify the other party of such obligation as soon as possible and, if legally permissible, in sufficient time to allow the other party to respond or object to the disclosure. For avoidance of doubt, the Service constitutes Shipmint’s confidential and proprietary information.

Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHIPMINT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

SHIPMINT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, 100% SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, UP TO DATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET THE YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;

ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER OR MOBILE DEVICE SYSTEMS OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL;

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHIPMINT OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY; AND

WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES OF ANY KIND, AND WILL HAVE NO RESPONSIBILITY WHATSOEVER, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS OFFERED, ACCESSED, ENCOUNTERED, OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICE.

Indemnification; Limitation of Liability; Time for Filing a Claim.

Indemnification. You will defend, indemnify and hold harmless Shipmint, its affiliates, and its and their respective officers, directors, members, managers, equity holders, employees, insurers, legal counsel, representatives, and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and court costs) that constitute, relate to, arise out of or in connection with Your (a) breach of any of Your representations, warranties, agreements, obligations, or covenants in these Terms, (b) negligence, willful misconduct, or violation of law, and (c) Your use of the Service for any purpose other than the purpose for which it was intended.

Limitation of Liability. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY PORTION OF THE SERVICE THAT YOU HAVE INSTALLED AND TO STOP USING THE SERVICE. YOU AGREE THAT SHIPMINT HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY CONTENT MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SHIPMINT, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY CONTENT, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHIPMINT, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PORTION THEREOF, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SHIPMINT HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SHIPMINT FOR ACCESS AND USE OF THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $100.00.

For clarification, these Terms do not limit Shipmint’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

Time for Filing a Claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Term and Termination

Term. These Terms will commence on the date upon which You are bound by these Terms, as described above (the “Effective Date”) and, unless terminated sooner in accordance with these Terms, will continue until the expiration of Your subscription.

Termination. Shipmint may terminate these Terms (and any Order Form(s) then in effect) immediately, with or without notice, (a) if You breach, appear likely to breach in Shipmint’s sole discretion, or threaten to breach any of the provisions of these Terms or any Order Form. If You have entered into an Order Form that includes a committed period, You may only terminate these Terms (and any Order Form(s) then in effect) during that committed period if Shipmint materially breaches these Terms and fails to cure the breach within thirty (30) days after notice from You specifying the breach in reasonable detail. If You have not entered into an Order Form that includes a committed period (or if such committed period has ended), You may terminate these Terms and Your use of the Service at any time by sending an email to _________________________ with the subject line _____________________.

Effect of Termination. Upon termination or expiration for any reason, (a) You must immediately cease all use of the Service, and (b) the licenses granted to You in these Terms will immediately and automatically terminate and revert to Shipmint. You acknowledge that, upon termination or expiration, Your Data will no longer be accessible to You via the Service. It is Your responsibility to prepare appropriate backup records of Your Data. Shipmint will have no obligation to maintain Your Materials unless otherwise required by applicable law. Sections 1.3, 1.4, 4, 5, 6, and 9, and any other sections that, by their nature should survive termination or expiration of these Terms, will survive such termination or expiration.

Digital Millennium Copyright Act.

We expect users of the Service to respect the intellectual property rights of others. If you are a copyright holder, or their agent, and you believe that any material available via the Service infringes your copyrighted work, you may send a notice of alleged copyright infringement to our designated copyright agent at the following address, with the following information:

Specific identification of each copyrighted work claimed to have been infringed;

A description of where the material believed to be infringing is located on the Service (please be as detailed as possible and provide a URL to help us locate the material you are reporting);

Contact information for the complaining party, such as a complete name, address, telephone number, and email address;

A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law (such as fair use);

A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner of the right that is allegedly infringed, or agent for the owner;

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; and

A statement that you understand that your contact information and/or notice will be provided to the alleged infringing party, and retained as long as required for legal purposes.

Without the above, we may not have sufficient information to process your claim.

Shipmint’s designated copyright agent can be reached as follows:

Brandon Staton

310 S Harrington St

Raleigh, NC 27603

bkstaton@goshipmint.com

(919) 213-8733

When you submit a copyright claim, Shipmint may retain your information as long as required for legal purposes. Please note, fraudulent reports or other misuse of this process may result in the termination of your account and/or legal consequences. You may wish to consult an attorney before submitting a claim.

Miscellaneous

Injunctive Relief. You acknowledge and agree that Shipmint would be irreparably damaged in the event that You breach or threaten to breach certain provisions within these Terms, including but not limited to Sections 1.2, 1.3, 3.1, and 4, and that money damages would not be a sufficient remedy for such breach or threatened breach. Accordingly, You agree that Shipmint will be entitled to equitable relief from any court of competent jurisdiction, including an injunction and/or specific performance, as a remedy for any actual or threatened breach of such Sections, without any requirement to post bond or other security or to prove actual damage or harm. Such remedies will not be deemed to be the exclusive remedies for any such breach but will be in addition to all other remedies available at law or in equity.

Governing Law; Arbitration. These Terms will be governed by, construed, and interpreted in accordance with the substantive and procedural laws of the State of North Carolina, excluding its rules of conflicts of law that would give rise to application of the laws of another jurisdiction. Except as provided in Section 9.1 and unless otherwise required by law, any dispute, controversy or claim between You and Shipmint arising out of or relating to these Terms will be finally settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures and judgment upon the award rendered by the Arbitrator (as defined below) may be entered in any court having jurisdiction thereof. Any arbitration conducted under these Terms will be heard by a single arbitrator (the “Arbitrator”) selected in accordance with the then-applicable rules of the AAA. The arbitration will be conducted in Wake County, North Carolina. Each side will share equally the cost of the arbitration and bear its own costs and attorneys’ fees incurred in connection with any arbitration. Notwithstanding this Section, an application for emergency or temporary injunctive relief in aid of arbitration by Shipmint will not be subject to arbitration under these Terms; provided, however, that the remainder of any such dispute (beyond the application for emergency or temporary injunctive relief) will be subject to arbitration under these Terms. Shipmint and You further agree that all proceedings in any arbitration will be conducted under seal and kept strictly confidential. The arbitration award will be final and binding on both parties. BY ENTERING INTO THE ARBITRATION PROVISIONS OF THIS SECTION 9.2, EACH PARTY TO THESE TERMS KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHTS TO A JURY TRIAL, INCLUDING ANY RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OR ANY ANCILLARY AGREEMENT REFERENCED HEREIN OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ENFORCEMENT THEREOF.

Government End Users. The Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

Export Control. The Service is provided by Shipmint in the United States for access and use in the United States only. Those who access the Service do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. Use of the Service is subject to applicable United States export controls. Neither the Service nor any of the underlying information or technology relating to the Service may be downloaded or otherwise exported or re-exported outside of the United States. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Service, You represent and warrant that You are not located in any such country or on any such list.

Assignment. You may not assign any of Your rights or delegate or cause to be assumed any of Your obligations under these Terms without Shipmint’s prior written consent (which consent may be withheld in Shipmint’s sole and absolute consent). Any attempted assignment, delegation, or assumption not in accordance with this paragraph will be null and void and of no force or effect whatsoever. Shipmint may freely assign, transfer, or delegate our rights or obligations under these Terms at any time without prior notice to You. The terms and conditions of these Terms will inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties.

Notices. Any notice, demand or request required or permitted under these Terms will be in writing and deemed delivered (a) when delivered personally (including by recognized national courier), (b) five (5) business days after deposited in the U.S. mail, first class mail, registered or certified, with postage prepaid; or (c) one (1) business day after sent via email. Notices to Shipmint must be addressed to Shipmint, Inc, 333 Fayetteville Street, Suite 508, Raleigh, NC 27601, Attn: _____________, Email: _________________. Notices to You will be addressed to the mailing address and email address on file with Shipmint.

Severability. If any provision of these Terms or any Order Form is held invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby and the illegal provision will be replaced with a legal provision that encapsulates the original intent of the parties.

Changes to these Terms. Shipmint may make changes to the Services and/or these Terms at any time in its sole discretion and without prior notice, effective immediately upon posting to the Service. Shipmint will endeavor to notify You in advance of any updates and amendments to these Terms. Your use of the Service after such posting will be deemed to constitute Your acceptance of all updates and amendments included the updated Terms. Shipmint may, at its discretion, give You the option of accepting such updated terms via a click-through or similar process on the Service.

Entire Agreement; Amendment; Waiver. These Terms and all Order Forms collectively constitute the entire agreement between the parties and supersede any prior or contemporaneous agreement or understandings with respect to the subject matter of these Terms. These Terms will be construed as if both parties had equal involvement in their drafting, and thus will not be construed against the drafter. No waiver or consent granted for one matter or incident will be a waiver or consent for any different or subsequent matter or incident. To be effective, waivers and consents must be in writing and signed by an authorized representative of the applicable party. If You submit Your own terms in any acceptance, purchase order, or other standard document which add to, vary from, or conflict with the terms herein or in an Order Form, any such terms are of no force and effect and are superseded by these Terms and the terms of the Order Form.

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