COMMERCIAL.PACKAGEMAPPING.COM TERMS AND CONDITIONS OF USE
Last modified: July 17, 2015
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings:
- Account means any and all PackageMapping Commercial accounts created by User or on behalf of User by Agents.
- Affiliates means any and all Entities wherever incorporated which is a parent company, a subsidiary and/or an associated company.
- Agent means an individual authorized by a User to use the Service through any of the Account.
- API means the application programming interfaces developed and enabled by PackageMapping Commercial that permits User to access certain functionality provided by the Service including but not limited to the PackageMapping Commercial REST API that enables the interaction with a PackageMapping Commercial instance automatically through HTTP requests and the PackageMapping Commercial application development API that enables the integration of a PackageMapping Commercial instance with other web applications.
- Data means all electronic data, text, messages or other materials submitted to the Service by You, Agents and End-Users in connection with Your use of the Service.
- Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by PackageMapping Commercial to You, Agents or End-Users through the Site or otherwise.
- End-User means any person or entity with whom User or Agents interact using the Service.
- Other Services means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or to which User may connect or enable in connection with the Service, including, without limitation, certain Other Services which may be integrated in the Service.
- Service means any and all services provided by PackageMapping Commercial to User including but not limited to the use and access to the Site, PackageMapping Commercial tracking and notification services and tools such as Software, API and any Documentation. Any new or modified features added to the Service are also subject to these Terms.
- Service Plan means the specific plan for which You subscribe, whether free or paid, as detailed on the Site, and the portion of the Service associated with said plan.
- Site means commercial.packagemapping.com and any other websites owned or operated by PackageMapping Commercial and/or its Associates.
- Software means any and all software(s) provided by PackageMapping Commercial to User, Agents or End-Users.
- Subscription Term means the period during which the User has agreed to subscribe to the Service as detailed in the Service Plan.
Client, User, You, Your means any individual or Entity using the Site and/or the Services, whether said individual or Entity subscribes to a free or paid Service Plan or has no Account.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
All services provided by Commercial.PackageMapping.com (“PackageMapping Commercial”) may be used for lawful purposes only and are not available to individuals who are younger than 18 years old. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless PackageMapping Commercial from any claims resulting from the use of service which damages the subscriber or any other party.
During the Subscription Term and subject to compliance by User, Agents and End-Users with these Terms, Users and Agents have the limited right to access and use the portion of the Service provided by PackageMapping Commercial consistent with the Service Plan. User’s right to access and use the API may also be subject to the restrictions and policies implemented by PackageMapping Commercial from time to time with response to the API as set forth in the Documentation. This is the grant of a license, not a transfer of title, and under this license you may not:
- attempt to decompile or reverse engineer any software contained on PackageMapping Commercial’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by PackageMapping Commercial at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on PackageMapping Commercial’s web site are provided “as is”. PackageMapping Commercial makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PackageMapping Commercial does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall PackageMapping Commercial or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PackageMapping Commercial’s Internet site, even if PackageMapping Commercial or a PackageMapping Commercial authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
PackageMapping Commercial shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from PackageMapping Commercial’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, PackageMapping Commercial shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of PackageMapping Commercial’s servers. All damages shall be limited to the immediate termination of service.
REVISIONS AND ERRATA
The materials appearing on PackageMapping Commercial’s web site could include technical, typographical, or photographic errors. PackageMapping Commercial does not warrant that any of the materials on its web site are accurate, complete, or current. PackageMapping Commercial may make changes to the materials contained on its web site at any time without notice. PackageMapping Commercial does not, however, make any commitment to update the materials.
PackageMapping Commercial has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PackageMapping Commercial of the site. Use of any such linked web site is at the user’s own risk.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and may deny usage if traffic is exceeded.
REFUSAL OF SERVICE
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
By the Account Activation Date of each term, PackageMapping Commercial shall either:
- debit the client’s credit card (when such information has been provided by the client); or
- deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current term. When an invoice is delivered to the client, payment shall be remitted to PackageMapping Commercial by no later than the specified payment due date. PackageMapping Commercial shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a regular basis according to the term associated with your subscription. All credit cards are billed automatically on a regular basis according to the term associated with your subscription. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by PackageMapping Commercial to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to PackageMapping Commercial and agrees to pay any and all fees incurred by client. Because the services are provided on a regular basis, the client will be responsible for service fees incurred each term, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
MONEY BACK GUARANTEE & REFUND POLICY
We do not generally refund cancelled subscriptions. For example, if your subscription is annually and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, add-on purchases, or overage charges. However, PackageMapping Commercial reserves the right to refund any amount at any time at its discretion.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation. This fee may be waived at the discretion of PackageMapping Commercial.
We DO NOT refund partial term fees to accounts.
By activating your account with PackageMapping Commercial, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
SERVER UPTIME GUARANTEE
Although PackageMapping Commercial has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades or conditions beyond our control. We do not offer compensation for any amount of time or loss due to the service being unavailable.