Note: Last updated on March 03, 2022.
Welcome to the Internet site of ShipOracle.com. By using the ShipOracle.com Site, or any of the products or services (collectively, the "Services") available on the ShipOracle.com Site, including Services offered on a payment basis (each a "Pay Service"), you agree, without limitation or qualification, to be bound by these terms and conditions (the "Terms and Conditions") and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of the ShipOracle.com Site or Service, or, in the case of a Pay Service, which form part of your agreement to pay to access or use any particular ShipOracle.com Site or Service (your "Pay Services Agreement"), all as may be modified by ShipOracle.com from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use the ShipOracle.com Site or any of the Services on the ShipOracle.com Site and must terminate any applicable Pay Services Agreement.
Certain of the Services and related material, software, information, data and other content made available on the ShipOracle.com Site ("Content") may require registration or subscription. Should you choose to register or subscribe for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
All Content available on the ShipOracle.com Site, including the manner in which such Content is presented, and the Services are: Copyright of ShipOracle.com. All rights reserved. Such Content is protected by worldwide copyright laws and treaty provisions. ShipOracle.com grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the ShipOracle.com Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content. Consequently, you may not download any part of this website
In consideration of the availability, and your use, of the ShipOracle.com Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such ShipOracle.com Site or Service. You acknowledge that ShipOracle.com may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
You expressly understand and agree that:
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by the ShipOracle.com Group through the ShipOracle.com Site or any of the Services is:
For users of the ShipOracle.com Sites other than in relation to Pay Services Agreements, ShipOracle.com reserves the right, in its sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the ShipOracle.com Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of any ShipOracle.com Sites and any of the Services immediately. Your continued use of the ShipOracle.com Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, ShipOracle.com reserves the right to change, modify, suspend or discontinue any aspect of the ShipOracle.com Site, Services or Content from time to time without notice or liability and for any reason whatsoever. For users who have entered into a Pay Services Agreement, modifications to your Pay Services Agreement or these Terms and Conditions are discussed below.
Please exercise discretion while browsing the Internet. Please note that certain links on the ShipOracle.com Site may take you to other websites. ShipOracle.com provides these links only as a convenience and not as an endorsement by ShipOracle.com. These linked sites are not necessarily under the control of ShipOracle.com. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. ShipOracle.com is not responsible for the content of any such linked sites or any other web page which is not part of the ShipOracle.com Site and under ShipOracle.com 's control. Unless otherwise expressly provided, ShipOracle.com makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that ShipOracle.com will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the ShipOracle.com Site.
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the ShipOracle.com Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The ShipOracle.com Group assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that the ShipOracle.com Group will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Certain of the Services and Content made available on the ShipOracle.com Site may be offered by ShipOracle.com on a payment basis. These Pay Services may be offered by ShipOracle.com on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase or subscribe to certain Pay Services, you will be required to register as described at the time of registration for the Pay Service, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You will be responsible for all uses of your Pay Services Account, including transactions effected and all applicable Pay Services fees, together with all applicable taxes (collectively, the "Fees"), incurred through your Pay Services Account. You agree to pay all the Fees applicable for such Pay Service which you incur. You agree to immediately notify ShipOracle.com of any unauthorized use of your Pay Services Account. Unless otherwise indicated in the registration process, in your Pay Services Agreement or in these Terms and Conditions, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each payment period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account (the "Account Credit Card") or through such other billing process as applicable. All Fees are non-refundable. Please note that Subscription Pay Services are billed automatically at the end of each payment period as set out in your Pay Services Agreement and Fees in respect of each payment period will be based on the then-current rate for the particular Subscription Pay Service. You may terminate your Pay Services Agreement at any time, which termination will only be effective at the end of the payment period in which you terminate your Pay Services Agreement, in accordance with these Terms and Conditions and your Pay Services Agreement. Should you terminate your pay service, you will be charged until the end of your billing cycle(based on the calender day of each month), and you will have access to the services until such time has expired. This hereby acknowledges you are entitled to no partial refunds. By registering for a Pay Service, you warrant that:
ShipOracle.com may at any time and from time to time amend or modify these Terms and Conditions or a Pay Service Agreement, including any Fees, features or other aspects of Pay Services, upon notice to you. Notification may be provided using one or more of the following methods:
ShipOracle.com reserves the right to suspend or terminate your Account and your access to the Site, Services and Content, including Pay Services, at any time for convenience, or for any other reason, including without limitation, if:
You may terminate your subscription to a Pay Service for a Subscription at any time by sending an email to email@example.com. All terminations will be effective at the end of the month in which such termination was effected. ShipOracle.com will not, under any circumstances, provide any refund in connection with the termination of any Pay Service for a Subscription with a duration of one month or less. With respect to the termination of Pay Services for a Subscription which are longer than one month, ShipOracle.com will provide a refund (in the form of a credit against the Account Credit Card) in an amount equal to:
You agree to defend, indemnify and hold harmless each member of the ShipOracle.com Group and each of their respective officers, directors, employees and agents, including all third parties mentioned on the ShipOracle.com Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to:
Youou expressly understand and agree that in no event will the ShipOracle.com group be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether ShipOracle.com had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with:
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, a Pay Service (unless otherwise specified in Pay Services Agreement), your Pay Services Agreement, your use of any ShipOracle.com Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions or your receipt and use of the Site or Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Burlington, Vermont in English and governed by, as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the ShipOracle.com Group relating to any Claim and you also agree to opt out of any class proceedings against the ShipOracle.com Group. Notwithstanding the foregoing, ShipOracle.com reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
ShipOracle.com is always improving the ShipOracle.com sites and services and developing new features. If you have ideas or suggestions regarding improvements or additions, ShipOracle.com would like to hear them - but any submission will be subject to these terms and conditions. Under no circumstances will any disclosure of any idea or suggestion or related material to shiporacle.com and/or its affiliates or licensors be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion or any related material to shiporacle.com and/or its affiliates or licensors, you are waiving any and all rights that you may have in the idea or suggestion or any related material and are representing and warranting to shiporacle.com and/or its affiliates or licensors that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that shiporacle.com and/or its affiliates or licensors is free to implement the idea or suggestion and to use the related material if it so desires, as provided or as modified by shiporacle.com and/or its affiliates or licensors, without obtaining permission or license from any third party.
These Terms and Conditions and any Pay Services Agreement you have entered into are personal to you, and you may not assign your rights or obligations to anyone. Your Pay Services Agreement and these Terms and Conditions constitute the entire agreement between ShipOracle.com and you pertaining to your use of the ShipOracle.com Site, Services and Content and supercede any prior agreements between you and ShipOracle.com with respect to the subject matter hereof. Shiporacle.com's failure to insist upon or enforce strict performance of any right or provision of your Pay Services Agreement or these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in your Pay Services Agreement or these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of the ShipOracle.com Sites or which is the subject of your Pay Services Agreement or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your Pay Services Agreement or these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that your Pay Services Agreement and these Terms and Conditions and all documents relating thereto be drawn up in English.