TERMS AND CONDITIONS

Acceptance of the Terms of Use

These terms and conditions ("Terms") on ShipGo’s website and mobile applications ("Website and App") govern your access to the services and products (“Services”) offered on or through ShipGo, a private limited liability company established in the United States, having its office at 7400 University Avenue North East, Fridley, Minnesota 55432.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

BY PLACING AN ORDER FOR SERVICES FROM WEBSITE AND APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. (YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF A COMPANY OR ORGANIZATION. YOU HAVE THE LEGAL AUTHORITY, AS AN AGENT OF SUCH COMPANY/ORGANIZATION, TO BIND SUCH COMPANY/ORGANIZATION TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN SERVICES FROM WEBSITE AND APP IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR; (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SHIPGO OR; (C) ARE PROHIBITED FROM ACCESSING OR USING WEBSITE AND APP OR ANY OF THIS WEBSITE’S AND APP’S CONTENTS OR SERVICES BY APPLICABLE LAW.

These Terms apply to the Services through ShipGo’s Website and App. Terms are subject to change by ShipGo (referred to as "us", "we", or "our" as the context may require), without prior written notice at any time, in our sole discretion. Any changes to Terms will be in effect as of the "Last Updated Date" referenced on the Website and App. You should review these Terms prior to purchasing any Services that are available through this Website and App. Your continued use of this Website and App after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

You should also carefully review our Privacy Policy on https://www.shipgo.us/terms before placing an order for Services through Website and App.

Accessing Website and App Accounts Security

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

You are responsible for both:

  • Making all arrangements necessary for you to have access to Website and App; and
  • Ensuring that all persons who access Website and App through your internet connection are aware of these Terms of use and comply with them.
  • To access the Website and App, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and App that all the information you provide is correct, current, and complete.
  • You agree that all information you provide to register on this Website and App 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.shipgo.us/terms and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Services

The Services provided on this Website and App will allow users to organize and schedule transportation and/or logistics services with independent third-party providers. (“Third Party Providers”). Third Party Providers include independent third-party transportation providers and independent third-party logistics providers under agreement with ShipGo and ShipGO’s affiliates. Third Party Providers are not employees or agents of ShipGO and its affiliates.

Upon using the Services on this Website and App, YOU ACCEPT THAT SHIPGO IS NOT IN THE BUSINESS OF PROVIDING TRANSPORTATION AND/OR LOGISTICS SERVICES. YOU ALSO ACKNOWLEDGE THAT ALL TRANSPORTATION AND/ OR LOGISTICS SERVICES WILL BE PROVIDED BY THIRD PARTY PROVIDERS.

Intellectual Property Rights

The Website and App 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 ShipGo, 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 permit you to use the Website and App for your personal, non-commercial 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 and App.

Links from the Website and App.

If the Website and App contain 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 Website and App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Accessing and Correcting Your Personal Information.

You can review and change your personal information by logging into your account profile page. [You may also send us an email at admin@shipgo.us to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Text Messaging/Notifications.

By creating an account with us, you acknowledge that we may send you alerts/notifications via text (SMS) messages regarding operations of Services. You may unsubscribe to this feature by following the directions provided on htttp://t.ShipGO.com/SMS-unsubscribe. If you opt-out of receiving alerts/notifications via text (SMS) messaging, you accept that this may affect the quality of Services you may receive.

Website and App Conduct.

ShipGo reserves the right in any circumstances to restrict, and or delete accounts that cause the following but not limited to; nuisance, aggravation, inconvenience, destruction to users and or Third Party Providers.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. [All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions [and [OTHER INFORMATION] will be encrypted [using SSL technology].]]

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website and App, you are responsible for keeping this password confidential. We ask you not to share your passwords to Website and App with anyone or otherwise share your account with third parties. ShipGo shall not be responsible for any issues that may arise from voluntarily sharing your account and passwords with third parties.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Website and App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our Privacy Policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page [with a notice that the privacy policy has been updated, and notify you by email and/or text message to the primary email address [and/or] phone number specified in your account.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable [email address] [and/or] [phone number] for you and for periodically visiting this Privacy Policy to check for any changes.

Prices and Payment Terms.

Your use of these Services provided by ShipGo and Third Party Providers will result in charges to you. (“Charges”). Charges will be the price in effect at the time the order is placed and will be set out in your order confirmation email. ShipGo will be accountable for collecting payments for Services on behalf of Third Party Providers. Payments for Services made by you are final and non-refundable, unless otherwise determined by ShipGo. ShipGo will modify any discounts applied to Charges agreed upon between you and Third Party Providers.

Terms of payment are within our sole discretion and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Charges will be due immediately by you after placing your order(s) and paid via your chosen/preferred method of payment selected by you in your account. Upon payment of Charges, you shall receive a confirmation email/receipt.

You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) Charges incurred by you will be honored by your credit card company; and (iv) you will pay Charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website and App at the time of your order.

You may cancel your Services and/ or goods from a Third Party Provider at any time prior to Third Party Provider’s acceptance. Should you cancel your request after Third Party Provider’s acceptance of your order, you may be charged a cancelation fee, amount to be determined by ShipGO and Third Party Providers.

All prices, discounts, and promotions posted on the Website and App are subject to change without notice.

Price increases may apply in certain geographical areas and/or during times of high demand, and/or there is a price incremental of merchandise needed for Services.

Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Website and App that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Repair or Cleaning Fees of Third Party Providers’ Vehicle(s).

In the event of any excess damage(s) to Third Party Provider’s vehicle(s) and/or property due to your use of the Services, you shall be responsible for the cost of repair for such damage and/or necessary cleaning needed. (“Repair or Cleaning”).

ShipGo will be responsible for verifying any Repair or Cleaning reports from Third Party Providers. Once Repair and Cleaning Reports are verified by us, ShipGo, in its discretion, shall charge users, on behalf of Third Party Providers, a non-refundable fee for such Repair or Cleaning.

Limitation of Liability.

ShipGo HAS BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY, AND COMPLIANCE FROM THIRD PARTY PROVIDERS. IN NO EVENT SHALL SHIPGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION TO YOUR USE OF THE SERVICES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SHIPGO WAS ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES ; (C) YOUR RELIANCE ON THE SERVICES OR YOUR INABAILTY TO ACCESS OR USE THE SERVICES OR (D) ANY TRANSANCTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER.

SHIPGO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE AND APP, INCLUDING, BUT NOT LIMITED TO:

ANY DELAY OR FAILURE TO PERFORM FROM CAUSES BEYOND SHIPGO’S RESONABLE CONTROL;

ANY TRANSPORTATION DEFICIENCIES FROM THIRD PARTY PROVIDERS, OR THIRD PARTY PROVIDERS’ DELEGATES, INCLUDING BUT NOT LIMITED TO INADEQUATE GOODS OR LOGISTICS SERVICES, UNLICENSED TRANSPORTATION.

C. SHIPGO’S SOLE AND ENTIRE MAXIMUM LIABILITY [FOR ANY REASON,] AND YOUR SOLE AND EXCLUSIVE REMEDY [FOR ANY CAUSE WHATSOEVER,] WILL NOT EXCEED HUNDRED DOLLARS ($100).

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and] (ii)]/ [not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

Limited Warranty.

ShipGo warrants to you that we shall perform the Services purchased through the Website and App using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet our obligations under these Terms.

Indemnification.

User of Services,(“Indemnifying Party or Indemnifying Party's Personnel”), agree to indemnify[,hold harmless, ShipGO and its officers, directors, managers, shareholders, members, partners, employees, agents, [affiliates/Affiliates], successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorney fees, fees and the costs of enforcing any right to indemnification under this agreement, and the cost of pursuing any insurance providers, [incurred by Indemnified Party/awarded to

Indemnified Party [in a final [non-appealable] judgment]] (collectively, "Losses"), relating to, arising out of or resulting from any third-party Claim alleging:

(a)[material] breach or non-fulfillment of any [material] representation, warranty, or covenant of this agreement by Indemnifying Party or Indemnifying Party's Personnel;

(b)any [[grossly] negligent] or more culpable act or omission of Indemnifying Party or its Personnel (including any recklessness or willful misconduct) in connection with the performance of its obligations under this agreement; or

(c)any bodily injury, death of any person or damage to real or tangible personal property caused by the [willful or [grossly] negligent] acts or omissions of Indemnifying Party or its Personnel.

Exceptions and Limitations on General Indemnification.

Notwithstanding anything to the contrary in this agreement, you are not obligated to indemnify [ or] hold harmless Indemnified Party against any third party claim if such third party claim or corresponding Losses arise out of or result from[, in whole or in part,] Indemnified Party's or its Personnel's:

(a)[negligence/gross negligence] or more culpable act or omission (including recklessness or willful misconduct); or

(b) bad faith failure to [materially] comply with any of its [material] obligations set forth in this Agreement.

Insurance

ShipGo does not provide any certificates of insurance to users of its Services or products. Third Party Providers shall at its own expense, maintain and carry in full force and effect[, subject to appropriate levels of self-insurance,] all types and amounts of insurance required by applicable law and [all such insurance as is necessary to protect the Indemnified Party and or cover any incidentals/damages resulting from its inability or irresponsibility with its services.

Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement.

Terms on Website and App will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ShipGo.

Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Governing Law and Jurisdiction.

Website and App are operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Minnesota.