Although you can use the features of this Website alone or in tandem with ShipRush. The features and functionality provided by this Website are collectively referred to as the “Services”. The terms and conditions of using ShipRush are separately defined by the license agreement for the ShipRush software.
1.Use of the Website.
(a)The Website is protected by United States and international copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of Z-Firm.
(b)During the authorized operation and use of the Website, your internet browser software may create one or more copies of the executable code, graphics files, data files, and other information and data transmitted to your computer (the “Cached Information”). The Cached Information must be stored solely on your local disk drive and used solely in support of the authorized operation and use of the Website and for no other purpose.
(c)You may not reverse engineer, decompile or otherwise attempt to extract the source code, algorithms, operational flow, data structures, or object structures of the Website, or any portion thereof, unless expressly permitted or required by law, or you have written authorization from Z-Firm to do so.
(d)You must not modify or remove any proprietary notices, including copyright notices, contained on the Website or any materials obtained in connection with your use of the Website.
2.Use of the Services.
(a)In connection with using the Services, you will transmit information and data to the Website (collectively, “User Data”) including, but not limited to, information used in connection with establishing a user account, information stored in a ShipRush database and information created in connection with ecommerce transactions from other websites. Z-Firm acknowledges and agrees that you retain full ownership interest in the User Data.
(b)You grant Z-Firm a worldwide, royalty-free, non-exclusive, transferable, sublicensable, irrevocable, perpetual license to store, reproduce, modify, aggregate, display, and publish your User Data for the limited purpose of providing the Services.
(c)You represent and warrant the following about your User Data:
(1)The storage and use of your User Data will not infringe the proprietary rights of any party. Proprietary rights include, but are not limited to, copyright, patent, trademark and trade secret rights;
(2)Your User Data does not contain or install any viruses, worms, malware, Trojan horses, cross script attacks or other harmful or destructive content.
(e)It is your exclusive obligation to update Z-Firm’s records with your current contact information including, without limitation, your email address.
4.Subscription Fees. When used with ShipRush and in eBay Selling Manager Applications, the services are currently free of charge. On a minimum of sixty (60) days prior notice to you, Z-Firm has the right, in its sole discretion, to introduce fees and costs for the Services. Z-Firm is deemed to have complied with its notice obligations under this section by sending an email message to your email address as set forth in your account records.
5.Operation of the Software.
(a)Passwords. Your are solely responsible for maintaining the confidentiality of passwords associated with the Website and the Services. You must promptly notify Z-Firm If any password is lost, stolen, needs to be reset because of a change in personnel or other circumstance which may jeopardize the confidentiality of any password.
(b)Support Tool. You understand and agree that the Services are a tool designed to assist you with the operation and management of your ecommerce business. You are and remain solely responsible for establishing all policies, procedures and practices used in connection with the management and operation of your business.
(c)Protection of Proprietary Information.
(1)The Website receives, processes, stores, and generates output containing private and proprietary information (the “Proprietary Information”). Z Firm has implemented the following features to assist you with the protection of the Proprietary Information (the “Website Security Features”):
(A)Secure Sockets Layer (SSL) is used for transmission of Proprietary Information to or from an ecommerce platforms when applicable and support by that ecommerce platform. SSL is also used for login authentication.
(B)Electronic tokens provided by ecommerce platforms in connection with accessing your account are encrypted for storage on system hard drives.
(2)Although Z-Firm has implemented the Website Security Features, you understand and agree that it is your sole obligation and responsibility to select and implement the processes, procedures and technologies for protecting access to, distribution of and use of, such information.
(3)You understand and agree that it is your sole obligation and responsibility to comply with the laws, regulations and rules applicable to the acquisition, storage, use and distribution of personally identifiable and other private information.
6.Modifications and Enhancements of the Services. At the sole discretion of Z-Firm, Z-Firm may develop, and make available to you, changes, revisions, enhancements or modifications to the Services (each a “Services Revision”). Z-Firm is not obligated to develop any Services Revision including without limitation modifying the Services to operate on new or modified systems, equipment or configurations. A Services Revision may also eliminate a particular feature or functionality. Each Services Revision will be classified at the sole discretion of Z-Firm (e.g. new version, new release, or new modification). Each “Services Revision” is deemed to be part of the Website under this Agreement. You understand and agree that Z-Firm, in its sole discretion, may charge an additional fee to access and use the additional functionality of a Services Revision, or any portion thereof.
7.Proprietary Rights in the Website.
(b)You acknowledge and agree that SHIPRUSH and the ShipRush logo are trademarks and service marks of Z-Firm. All other trademarks, service marks, logos and trade names used within the Website are the intellectual property of their respective owners.
9.Termination of the Services.
(c)Without limiting Z-Firm’s rights in the prior section, Z-Firm has the right to terminate or cancel the Services at any time, with or without cause, by providing you with a minimum of 60 days prior written notice. Z-Firm is deemed to have complied with its notice obligations under this section by sending an email message to your email address as set forth in your account records.
10.Effect of Termination. On termination, (i) you will lose all access to the Services and (ii) Z Firm has the right to delete your User Data and all other information associated with your account.
11.Availability of Website. Z-Firm, in its sole discretion, may modify, suspend or discontinue any aspect of the Website or the Services at any time.
12.Limited Warranty and Disclaimer; Limitation of Liability.
(a)THIS WEBSITE INCLUDING, BUT NOT LIMITED TO THE SERVICES, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES.