The last update to our Terms of Service was posted on October 19, 2021
This web page represents a legal document and is the Terms and Conditions of Use (this “Agreement”) governing your use of our website, www.parcelshield.com (the “Website”). By accessing or using the Website, you acknowledge and agree that the following terms, conditions, guidelines, covenants, and notices set forth below shall govern your access and use of our Website.
Please review the following terms carefully and in their entirety. If you do not agree with any part of this Agreement, you must not use our Website. You represent and warrant that you are at least eighteen (18) years old or older and possess the legal right and ability to agree to this Agreement.
Our Company, ParcelShield, LLC, offers intelligent parcel management and rescue logistics products and services (collectively, “Services”).
The terms “us” or “we” or “our” or “ParcelShield” refers to ParcelShield, LLC, the owner of this Website. A “User” (or “you,” “your”) is anyone who accesses or browses our Website or who has registered with our Website to use our Services. All text, materials, software, applications, sound, information, graphics, photographs, images, button icons, video, and graphics design, and data offered through our Website or Services, are collectively known as our “Content”.
ACCEPTANCE OF AGREEMENT
This Agreement is between you and ParcelShield.
Except as otherwise noted, this Agreement constitutes the entire and only agreement between you and ParcelShield, and supersedes all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. However, in order for you to use our Website, Content and/or Services, you may also be required to agree to additional terms and conditions.
We may amend or revise this Agreement at any time without specific notice to you by updating this posting. You should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review this Agreement. Please read this Agreement carefully and save it. To avoid doubt, no unilateral amendment will retroactively change agreed dispute resolution provisions of this Agreement—including for example, arbitration provisions—for then-pending disputes unless the parties agree otherwise. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website.
LIMITED LICENSE; USE RESTRICTIONS
Subject to this Agreement, ParcelShield grants to you a non-exclusive, limited, non-transferable, and revocable license to access and use our Website strictly in accordance with this Agreement. Permission is granted to download the Content on our Website for your use only and only for the purposes for which we provided you access to the Website, provided you do not delete, modify, overwrite, hack, or attempt to change or alter any of the Content and that you retain all copyright notices and other proprietary notices contained in the Content, as applicable.
You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any Content on our Website for commercial or non-personal use without prior written approval of ParcelShield. You may not “mirror” any Content contained on our Website on any other server without prior written permission from ParcelShield. Any unauthorized use of any Content contained on our Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Content on our Website. You further agree that you will not provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity. You will not spam or send unsolicited e-mail to any other user of the Website for any reason. Except as otherwise expressly permitted by ParcelShield and/or our affiliates, any access or attempt to access other areas of ParcelShield and/or our affiliates’ computer systems or other information contained on the systems for any purposes is strictly prohibited. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on ParcelShield and/or our affiliates’ infrastructure. You further agree not to disseminate, store, or transmit viruses, Trojan horses or any malicious code or program or engage in any other activity deemed by ParcelShield to be in conflict with the spirit or intent of this Agreement. You also agree that you will not commercialize access to or use of the Website or Content. You also agree not to permit or to encourage any third party to do any of the foregoing.
You agree to comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein. You are prohibited from posting on, or transmitting through, the Website any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable including, but not limited to, any material or content that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and ParcelShield.
OUR INTELLECTUAL PROPERTY
The Website and all Content (including the entire selection, coordination, arrangement, and “look and feel” of the Website and the Content), including all copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights therein (collectively, “Intellectual Property Rights”), are owned by us, our affiliates and our licensors. Your use of our Website and Services does not grant you any right, title, or interest in the Website, our Content, or Intellectual Property Rights. ParcelShield and our third-party affiliates retain all of our and their respective right, title, and interest to the Website, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (“DMCA”) as found under United States law (17 U.S.C. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email provided below as our Contact Information. Such notice must contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
ELIGIBILITY AND REGISTRATION FOR USERSHIP
Any registration by, use of or access to our Website by anyone under 18 is unauthorized, unlicensed and in violation of this Agreement. By using our Website and/or Services, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. ParcelShield has sole right and discretion to determine whether to accept a User, and may reject a User’s registration, with or without any explanation.
CONTENT DISCLAIMER; ERRORS, CORRECTIONS AND CHANGES.
Although we attempt to ensure the integrity and accurateness of our Website, we make no claim, representation, or warranty as to the accuracy, reliability, or suitability of the information contained within this Website, including, but not limited to, the information contained in any text, documents, graphics, and other elements. The Content may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right in our sole discretion to make alterations or deletions to the Content at any time without notice. Further, we do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We may make changes to the features, functionality or content of our Website or Services at any time without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services at any time without notice.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and ParcelShield. You agree not to rely on any information provided within this Website as a basis for decision until you have independently researched, verified, and confirmed the same. You hereby agree that you shall not make, and that ParcelShield will not be responsible or liable for, any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services. ALL INFORMATION IS PROVIDED AS IS, WITHOUT A WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
MERCHANT AND ADVERTISEMENT DISCLAIMER
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
ParcelShield shall not be liable for any decision made or action taken by you based upon reliance on information or materials provided by the Merchants. You acknowledge and agree that ParcelShield will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or purchase of products or services from any Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
ParcelShield is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by users of our Website, or by ParcelShield. ParcelShield is not responsible for the conduct, whether online or offline, of any user of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. ParcelShield assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
ParcelShield is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provided through our Website or Services.
Under no circumstances will ParcelShield be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between users of our Website or Services, whether online or offline.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND INFORMATIONAL CONTENT). PARCELSHIELD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE WEBSITE OR ANY OTHER SITES LINKED TO BY THIS WEBSITE. OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PARCELSHIELD, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. PARCELSHIELD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. PARCELSHIELD DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARCELSHIELD DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE CONTENT AND ANY RELATED SOFTWARE AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
To the fullest extent allowed by law, ParcelShield, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website or our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PARCELSHIELD OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOSS OF BUSINESS, LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PARCELSHIELD WAS MADE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND PARCELSHIELD, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO PARCELSHIELD FOR THE WEBSITE DURING THE PREVIOUS MONTH (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PARCELSHIELD. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
Any claim or cause of action arising out of or related to User’s use of the Website this Agreement, or User’s use of Content made available through or on the Website must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
USE OF INFORMATION
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submissions”) are considered assigned to us and is as such considered our property. You agree that we may, in our sole discretion, use the Submissions you provide to us in any way, including in future modifications of the Website or in other ParcelShield products or services, without compensation to you or any other person sending Submissions. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
LINKING TO OUR WEBSITE
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
LINKS TO OTHER WEBSITES
You agree to indemnify and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assignees, suppliers, product and service providers, and affiliates harmless, and at our option defend the foregoing, from and against any liability, loss, demand, damage, claim, cost and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
You agree that any dispute arising out of or relating in any way to your use of the Website requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, ParcelShield may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Orlando, Florida, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Florida, or to any federal court located within the State of Florida for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over Orlando, Florida, U.S.A. To the fullest extent permissible by law, you waive any objection to venue or personal jurisdiction.
If you have questions about this Agreement, the practices of ParcelShield, your dealing with the Website, or requests pursuant to the DMCA, please contact us at 1-855-804-9533.