Terms and Conditions - Shipping Haus

Welcome to Shipping Haus. Thank you for choosing us for your shipping management needs. We hope you enjoy your experience with us. We are confident we will have a positive financial impact on your business and improve customer services for your customers.

Please read these Terms and Conditions carefully because they are a binding agreement between you and us.

Shipping Haus Inc.

www.shippinghaus.com

SaaS Terms and Conditions of Use:

Last updated January 15, 2021

1. This Service

The Transportation Management System Service is provided by FreightPOP (us, we) to the Subscriber (you). The Service is a software platform that provides a transportation management solution designed to reduce your expenses and increase your customer service to your customers. The Service is not itself, nor is it an agent for, a broker, motor, air, or rail carrier, freight forwarder or any other form of freight transportation provider (individually or collectively referred to as a “Transportation Provider” or “Transportation Providers”). All shipping rates, quotations, and transit times are provided directly from Transportation Providers. We are not responsible for the accuracy or completeness of that information. Any shipments with a Transportation Provider participating in the Service are subject to the terms and conditions of the particular Transportation Provider with whom shipment has been arranged.
You automatically agree to these Terms and Conditions simply by using the service or logging into website. We may modify these Terms and Conditions at any time so be sure to check back regularly. By continuing to use or log into our website after these Terms and Conditions have changed, you indicate your agreement to the revised Terms and Conditions. If you do not agree to the changes, you should stop logging in to our website and stop using the service.
If you are subscribing to create an account with us and entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and Conditions, in which case the terms “you” or “your” shall refer to you, other users added to your account, as well as such entity.

2. Eligibility

If you are an individual creating an account with us, you must be a minimum age of 18 to subscribe and use the Service. By registering for an account and using the Service you warrant that you are 18 or older and understand your obligations under these Terms and Conditions.

3. Registration and Account Integrity

As part of the registration process, you will need to create an account, including, but not limited to a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or that are vulgar, obscene or in any other way inappropriate. We reserve the right, with or without notice, to suspend or terminate any account in breach of these Terms and Conditions. If your information changes at any time, you will need to update your account to reflect those changes.
Where we provide a legal entity with a number of limited user licenses for the Service these Terms and Conditions must be adhered to. Limited user licenses can be shared between users who are employees of the same legal entity. A breach of this clause will result in termination of the relevant accounts and/or all accounts provided to the legal entity.
The name and address of your legal entity may be displayed on our Website to indicate that it has an account with us for marketing purposes.
If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting usernames and passwords to confirm the username and password or other details. You agree that you are responsible for maintaining and protecting the security of your account and user names and passwords. You further agree that we are not liable for any loss or damage resulting from your failure to comply with this security obligation. You will refrain from charging anyone for access to any portion of the Service, or any information therein. You agree you are fully responsible for anything that happens through your account.
You must also provide your various Transportation Providers’ account information you wish to contact through the Service. By submitting your Transportation Providers’ websites passwords, usernames, account information, data, and other content to us through the Service you are authorizing us to use and store this information with no fee, restriction or obligation and access your account information for the purpose of providing the Service. The Service will be directly connected to the information systems for the Transportation Providers you have identified, and we will log into the Transportation Providers’ websites to use and store information submitted by you to accomplish the Service. Solely to provide the Transportation Providers’ websites information to you as part of the Service, you grant FreightPOP a limited power of attorney, and appoint FreightPOP as your attorney-in-fact, to access Transportation Providers’ websites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand Service IS not sponsored or endorsed by any Transportation Providers accessible through the Service. FreightPOP is not responsible for any payment processing errors or fees or other Service-related issues, including those issues that may arise from inaccurate account information. As your limited attorney in fact, you authorize us to work with Transportation Providers on your behalf by, including, but not limited to, using their website, creating website accounts, accessing website functionality, and/or consuming web services/APIs to retrieve electronic information concerning your shipments, including, but not limited to, rates, tariffs, discount structure and/or shipment status. FreightPOP assumes no liability and in no event shall be responsible for any Transportation Provider’s billing or tariff inaccuracies.

4. Pricing, Plans, and Features

For current pricing and plans, please see the pricing agreement with Winmark.
We reserve the right to change pricing, plans and the features offered at any time with or without notice to you. However, current subscribers will receive 30-day advance notice of a price change.
The service and all content on our website, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, source code, and other materials (the “Materials”) are the intellectual property of us. No rights of any kind are licensed or extended to you regarding the Materials and/or any of our intellectual property, except to the extent that a limited license to access and use the Services is provided as set forth in Section 4 of these Terms and Conditions.
On the condition that you comply with all your obligations under these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access the Service, through a generally available web browser, mobile device or application, view information and use the Service in accordance with these Terms and Conditions. We reserve all rights not expressly granted in these Terms and Conditions. The limited license provided herein is revocable at any time and for any reason by us.

5. Payment and Credit Control

Your right to use the Service is billed monthly or annually in advance.

If you choose a monthly account you will be immediately charged for the Subscription Plan(s) you select. Your monthly payment will be due from that date each month onwards.

Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.

Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.

6. Cancellation

For term subscriptions, the term shall automatically be extended for successive one year periods thereafter (each a “Renewal Term”), unless either party gives written notice to the other party to the contrary not less than sixty (60) days prior to the end of the Initial Term or the then current Renewal Term, as the case may be.
Cancellation should be done using the facility provided within the Service or by emailing or calling Shipping Haus support.
Cancellation by any other means, including (but not limited to), fax, text or instant message is not valid, and your account or accounts will remain active until canceled using authorized means.
No refunds will be provided for remaining unused days under monthly or annual accounts.

7. Upgrading or Downgrading Accounts

Not applicable with the Winmark accounts.

8. Trial and Offer Periods

Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
Not all features of the service may be available during a trial or offer period.
These Terms and Conditions apply to all trial or offer period accounts.

9. Technical Support

Technical support is provided via email and such other means as we decide in order to provide a proper Service to users.
We reserve the right not to provide a full technical support service to free or trial account users.
Prices quoted on our pricing page on our website do not include fees which may be assessed to cover travel, lodging and other expenses upon a request for on-site technical support during implementation.

10. Specific Service Rules

As a user you agree not to do any of the following:
Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.
Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
Use or harvest data provided by other users in a way that they would object to.
Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or legal entities.
Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
Pose as another user, third-party or legal entity employee for the purposes of obtaining user or third-party
Transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of the Service.
Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or
Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of $61.00 for each and every individual email or other communication sent to a user or third-party.
The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions, and take appropriate legal actions.

11. Content Ownership

As a user, you retain all ownership rights to content provided by you.
You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore, if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
By providing information through the Service, you represent and warrant that you are entitled to submit the information and that the information is true, accurate, complete, current, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to ensure the accuracy of all information provided and to keep your profile information accurate and updated.
Using our Service does not give you ownership of any of our intellectual property rights. You agree not to reproduce, copy, sell, resell, or exploit any portion of the Service (including, but not limited to, the HTML/CSS or visual design elements of our website.)

12. Copyrighted Material

We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable, but only where we can reasonably ascertain the true owner of such content.
If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

13. Content Monitoring

Users can freely add content to the Service. We do not assume any responsibility for content posted onto the Service. If for security reasons, at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
As part of our Service, we will be monitoring your freight rates, discounts and actual service levels in order to offer you suggestions about how you might improve upon your transportation management and customer service. Your content will not be shared with other users but used to develop industry standards so that we can let our subscribers know if they are operating below industry standards.

14. Termination

We may terminate your user account and all content and materials associated with it at any time where these Terms and Conditions have been breached. Such termination can be with or without notice. As a user, you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
Sections 17 of these Terms and Conditions shall survive any termination of your account(s).

15. Access and Backups

We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partial we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical.
Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.

16. Disclaimer

The Service and the information contained on or made available through the Service our website, are provided “as is,” “as available”. We make no warranty or representation of any kind, expressed, statutory, or implied, written or oral, including, but not limited to, those of merchantability or fitness for a particular purpose, accuracy, content, completeness, quality, systems integration, legality, reliability, operability, availability, title, non-infringement, or arising from a course of dealing, usage or trade practice. We do not represent or warrant that the Service will meet your specific requirements. We do not represent or warrant that the Service will be uninterrupted, timely, secure, error-free, or free of computer viruses or other harmful mechanisms, that the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected. We are not responsible, and make no representations or warranties for the delivery of messages sent through the Service to anyone. THE OPERATION OF THE SERVICE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND/OR FOR ANY OTHER REASON. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CHARGES INCURRED FOR ANY LOSSES, DAMAGES, FINES, CLAIMS, LEGAL EXPENSES OR PENALTIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
We are not responsible for the accuracy of any information or calculations from any links to or from any third-party websites or system software applications to or from the Service and the inclusion of any link does not imply our endorsement of a third-party website or their goods and service sold on those websites. Similarly, our websites may contain ads from third-parties. We do not control or endorse any products being advertised.

17. Limitation of Liability

Our aggregate liability to you arising out of these Terms and Conditions, our delivery or non-delivery of the Service, your use of the Service, and/or the performance or nonperformance of the Service, whether arising out of breach of contract, negligence, strict liability in tort, or any other cause of action, shall not exceed the greater of (a) $199, or (b) the total fees paid by you to us for the Service during the thirty (30) day period immediately preceding the date on which you first notify us of any claim arising out of this these Terms and Conditions, our delivery or non-delivery of the Service, your use of the Service, and/or the performance or nonperformance of the Service, as the case may be.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOST DATA, DAMAGE TO YOUR IT SYSTEM OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You acknowledge that we have set our fees and agreed to provide the Service to you in reliance on the limitations of liability and the disclaimers of warranties set forth in these Terms and Conditions and that the same form an essential basis of the bargain between you and us, and shall be fully applicable even if the other remedies available to you fail of their essential purpose.

18. Indemnity

You agree to defend, indemnify, and hold harmless FreightPOP, its parents, subsidiaries and affiliated companies, and all of their respective directors, officers, employees, agents, and vendors from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, harm, liabilities, losses, fines, risks, costs, and expenses, fees (including without limitation attorneys’ fees and litigation expenses) relating to or arising from the Service, your access and/or use of the Service or any use under your username and password whether or not authorized by you, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions, including, but not limited to, your use of our website, uploading, emailing, posting, publishing, transmitting or submitting any content, or any misrepresentation, breach of warranty or certification made by you.

19. Privacy

Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

20. Severability

The paragraphs, sub-paragraphs and clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of these Terms and Conditions or paragraphs, sub-paragraphs or clauses be found invalid or unenforceable it shall not affect the remaining paragraphs, sub-paragraphs and clauses and the unaffected Terms and Conditions shall remain valid and enforceable as written.

21. Waiver

Failure by us to enforce any rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

22. Entire Terms and Conditions

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement and understanding between you and us regarding the Service and governs your access to and use of the Service, superseding any prior agreements, arrangements, or understandings, verbal or written, or whether established by custom, practice, policy or precedent, between you and us relating to the subject matter herein (including, but not limited to, any prior versions of the Terms and Conditions). You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third party Notwithstanding this section, if you use another of our product or service, the terms and conditions of that product or service apply.

23. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of California, without regard to any of its conflict of laws rules that would cause the law of any other jurisdiction to apply. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and Conditions and or your use of the Services resides in the courts located in Orange County, California, and you further expressly agree to submit to the personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.

24. Relationship of the Parties

Nothing contained herein shall be construed as establishing an employer/employee, partnership, affiliation, agency, brokerage, franchise, joint venture, or similar relationship.

25.Mobile Devices

The Service may provide now or in the future, certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from us and access certain other features (collectively, the “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages we intend to send to you are not sent to another entity who acquires such mobile telephone or number.

26. Cookies

Our website or ISP uses cookies to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality and ease of use for those people visiting. Your IP address may be used to help diagnose technical problems or to administer our website.

27. Confidentiality

You shall not directly or indirectly disclose to anyone, or use for your own benefit, or anyone else’s benefit, Confidential Information as defined herein except as necessary to facilitate transactions associated with using or subscribing to the Service. “Confidential Information” shall include (but is not limited to) business and/or marketing and sales plans, financial information, trade secrets, intellectual property, names, contacts, personal information, shipping or other logistics information or requirements, billing amounts, or pricing information. Confidential Information may be disclosed orally, visually or in tangible form (whether by document, electronic media, or other form). The failure to mark, label or identify any of the above-described information as confidential shall not affect its status as part of the Confidential Information. We expressly agree not to disclose to any third parties and/or parent, subsidiary and/or affiliated companies any Transportation Provider rate, service and/or pricing practice information it becomes aware of through its provision of Services. We may use your content for analytical purposes so long as we cause the content to be made anonymous as to source and/or applicability, and further cause it to become anonymous and generalized by removing from the data any and all information identifying it as your content. You grant us the right to use, copy, manipulate, distribute, and develop your anonymous and generalized content and make it available to other customers, parent, subsidiary and/or affiliated companies, and/or third parties.

28. No Assignment

You shall not resell or assign your rights or obligations under these Terms and Conditions.

29. Transit Days

Transit days in the Service are business days unless otherwise specified by the Transportation Provider.

30. Force Majeure

Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or nonperformance of third parties.