Terms and Conditions
THESE TERMS AND CONDITIONS RULE YOUR USE OF SHIPPINGSTORM.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT ("YOU"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. SHIPPING STORM CAN MAKE FUTURE CHANGES OR MODIFICATIONS TO THE TERMS AND CONDITIONS AT ANY TIME. YOUR SUBSEQUENT VIEWING OR USE OF SHIPPINGSTORM.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS.
Article 1. Definitions.
Content: information, graphics, products, features, functionality, services, and links on shippingstorm.com.
Shipping Storm: Shipping Storm LLC, an Oregon Limited Liability Company.
You: You and any entity that you may represent.
Article 2. Use of shippingstorm.com.
Website shippingstorm.com is provided solely for the use of current and potential Shipping Storm members to interact with Shipping Storm and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving Shipping Storm invoices and remitting payment, identifying and preparing international shipping documents, estimating custom duties and import taxes, and other information and services may only be used by current and potential Shipping Storm members for their shipments.
The use of non-authorized scripting technologies to obtain information from shippingstorm.com or submit information through shippingstorm.com is strictly prohibited.
Shipping Storm does not accept ideas, concepts, or techniques for new services or products through shippingstorm.com. If we receive such information, it will not be considered confidential, and Shipping Storm will be deemed free to use, communicate and exploit such information in any manner it chooses.
Article 3. Shipping Storm.com login Registration.
You may choose to register on shippingstorm.com to access interactive features on shippingstorm.com. Shippingstorm.com login provides you with access to its services. In the future, Shipping Storm may add other features that may be accessed through shippingstorm.com login.
By registering on shippingstorm.com, You agree to provide accurate and current information about Yourself as prompted by the shippingstorm.com.
Some shippingstorm.com services are available to You in some countries and not others.
When you register using shippingstorm.com, you will use a user email and password. You are accountable for keeping your confifential info including your password, and you are liable for all actions that happen under Your password and user email. You agree to immediately notify Shipping Storm of any unauthorized use of Your user email and password.
Article 4. Changes to shippingstorm.com.
Shippingstorm.com and its Content may be changed, deleted or updated at any time without notice.
Article 5. Termination of Use.
Shipping Storm may discontinue, suspend or modify shippingstorm.com at any time without notice, and Shipping Storm may block, terminate or suspend You and any user's access to shippingstorm.com in its sole will, even if access continues to be allowed to others.
Article 6. Ownership.
Shippingstorm.com and its Content are protected by the United States and international copyright, trademark and other laws. © 2017-2018 Shipping Storm. All rights reserved. Specifically, Shipping Storm does not convey to anyone, through allowing access to shippingstorm.com, any ownership rights in shippingstorm.com or any Content appearing on or made available through shippingstorm.com. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of shippingstorm.com or its Content.
Article 7. Disclaimer of Warranty.
SHIPPING STORM.COM AND ITS CONTENT ARE PROVIDED "AS IS." SHIPPING STORM DENIES ANY AND ALL GUARANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE SHIPPINGSTORM.COM AND ITS CONTENT.
SHIPPING STORM EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SHIPPINGSTORM.COM, ITS MANAGERS, EMPLOYEES AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHIPPING STORM DOES NOT WARRANT THAT IT WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN SHIP MANAGER WILL BE CORRECTED. ADDITIONALLY, SHIPPING STORM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF ITS APPLICATION REGARDING OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY SHIPPING STORM OR AN AUTHORIZED REPRESENTATIVE OF SHIPPING STORM SHALL CREATE A WARRANTY.
Article 8. Limitation of Liability.
USE OF SHIPPINGSTORM.COM AND ITS CONTENT IS AT YOUR SOLE RISK. SHIPPING STORM WILL IN ANY CASE BE HELD LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SHIPPINGSTORM.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED SHIPPING STORM OF THE POSSIBILITY OF SUCH DAMAGES.
Article 9. Indemnity.
You agree to defend, indemnify and hold harmless Shipping Storm, and affiliate companies and their respective managers, officers, directors, employees, agents, and all representatives from any and all claims arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
Article 10. Links to other websites.
There are links on the shippingstorm.com site that allow You to visit the websites of third parties. These websites or the companies to whom they belong are not controlled by Shipping Storm. Shipping Storm makes no representations concerning the data provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
Shipping Storm has not tested and makes no claims regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Article 11. Privacy Policy.
The Shipping Storm Privacy Policy governs the use of information acquired from You through shippingstorm.com.
Article 12. Export from the USA.
You assume all accountability for compliance with all laws and regulations of the United States of America and any other country from which You may access shippingstorm.com.
You accept and agree that you will not export or import any goods or materials to a country to which export or import is restricted or prohibited under United States law. You certify that any Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
The U.S. Department of State's Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce's Bureau of Industry and Security (BIS), and the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) command export control regulations that control some aspects of our industry. We inquire that you read and familiarize yourself with the following, particularly applicable export regulations.
The transportation or shipment outside of the USA of any product prohibited or restricted for export without complying with U.S. export control laws and regulations is strictly prohibited and may result in fines, penalties, and imprisonment.
Shipping Storm LLC does not engage in illegal export as per the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and the Office of Foreign Asset Controls (OFAC) regulations. Shipping Storm LLC will not engage in any transaction that requires unlawful export of any products and will not support directly or indirectly with illegal export or re-export of any products. Furthermore, Shipping Storm LLC will not export shipments that require a formal government authorization (i.e., export license, agreement, license exemption, etc.).
U.S. law prohibits sale, transfer, or export of items to certain restricted parties, end-uses, and embargoed countries, as identified on lists prepared by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury. It is your responsibility to be aware of these lists, which can be found on the U.S. Government websites listed at the end of this article. By proceeding with any transaction, you confirm that You will not engage in any unauthorized transaction involving export to any restricted parties or destinations.
Shipping Storm LLC will not fulfill shipments to individuals, companies or any other entity that are subject to restriction or denial of export privileges by any agency of the United States government, including without limitation by reason of being named on the Department of Commerce's Denied Parties List or Entity List; the Department of State's Debarred List; or the Treasury Department's Specially Designated Nationals List.
Shipping Storm LLC will not export items to the U.S. embargoed or sanctioned countries. For a complete list of countries, please refer to the EAR, ITAR and OFAC regulations. Most of the U.S. prohibited destinations are listed on the OFAC website (refer to the link below).
Click here for the more comprehensive list of items that are not allowed to export from the USA:
For further information regarding the applicable laws, regulations, and policies contact:
U.S. Department of Commerce, Bureau of Industry and Security
Website: http://www.bis.doc.gov
U.S. Department of State, Bureau of Political-Military Affairs, Directorate of Defense Trade Control
Website: http://www.pmddtc.state.gov
U.S. Department of the Treasury, Office of Foreign Assets Controls
Website: http://www.treas.gov/offices/enforcement/ofac
Article 13. Controlling Law and Severability.
This Agreement and Your use of shippingstorm.com is governed by and construed by the law of the United States of America and the State of Oregon. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that requirement shall be enforced to the maximum extent permissible.
Any cause of action concerning shippingstorm.com or this Agreement must be commenced within one year after the case or cause of action has risen or be rejected and must be brought in a court in Washington County, Oregon. This Arrangement may not be changed or modified without the written consent of Shipping Storm.
Article 14. Terms of Shipping.
You agree that domestic and international shipments by Shipping Storm and its affiliates of any shipments tendered to Shipping Storm shall be by the terms, conditions, and limitations of liability set out on the Air Waybill, Label, or Manifest (collectively "Shipping Documentation").
The Shipping Storm's address shown on the face of any Shipping Documentation is the place of execution and the site of departure and the recipient's address is the destination.
Article 15. Courtesy Shipping Rate Quote.
The courtesy rate reflected by the Shipping Calculator on Shipping Storm website may vary from the actual charges. Variations may be based on actual weight, dimensions, and other factors.