Please read these Terms and Conditions of Use

Terms of Service

The last update to our Terms of Service was posted on August 30, 2023

This web page represents a legal document and is the binding Terms and Conditions of Service (this “Agreement”) between you and ParcelShield. This Agreement governs your use of our websites, www.parcelshield.com, and any other website controlled by ParcelShield that posts this Agreement (collectively, 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. In addition, your use of the payment processing features of the eCommerce Site is subject to the additional provisions set forth in the “eCommerce Terms” below. 

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. Any use of or access to our Website by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement.

OUR SERVICES 

Our Company, ParcelShield Holdings, LLC, offers intelligent parcel management and rescue logistics products and services (collectively, “Services”). 

DEFINITIONS 

The terms “us” or “we” or “our” or “ParcelShield” refers to ParcelShield Holdings, 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 CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. BY ACCESSING THE WEBSITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE WEBSITE, USING ANY INFORMATION, AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE WEBSITE, YOU AGREE TO AND ARE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING ANY DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, VENUE SELECTION, AND A CHOICE OF FLORIDA LAW, AND ACKNOWLEDGE AND AGREE THAT YOU HAVE READ OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER. 

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 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. It is important for you to visit the page periodically to 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. 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. 

LIMITED LICENSE; USE RESTRICTIONS 

Grant of Rights.

You may access and use our Website for your personal use and strictly in accordance with this Agreement, and You may download the Content on our Website for your personal use only and only for the purposes for which we provided you access to the Website. You must retain all copyright notices and other proprietary notices contained in the Content, as applicable. 

Restrictions on Use.

You may not, and may not permit or encourage any other person to, distribute, copy, reproduce, display, republish, download, prepare derivative works of, 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. 

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 agree that you will not, and will not permit or encourage any other person or third party to: (a) reverse engineer, disassemble, decompile, or decode the Website or any Content therein, in whole or in part, nor use any methods to gain access to the source code or infrastructure of the Website, in whole or in part; (b) use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Content on our Website;(c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website or any Content; (d) provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity;  (e) spam or send unsolicited e-mail to any other user of the Website for any reason; (f) violate any applicable law or regulation in your use of the Website or any Content therein; (g) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (h) take any action that imposes an unreasonable or disproportionately large load on ParcelShield and/or our affiliates’ infrastructure; (i) 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; or (j) commercialize access to or use of the Website or Content. 

LEGAL COMPLIANCE 

You agree to comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, and Services. 

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. When you input, transmit, or otherwise submit any data, information, and/or other materials or communications via the Website, all such submissions are your sole and exclusive responsibility, and you agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity.

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 

Except as otherwise provided by a third party, all trademarks, service marks, trade names, and logos (collectively, “Trademarks”) used and displayed on the Website are registered and unregistered Trademarks of ParcelShield and/or its licensors. You acknowledge that the Trademarks used and displayed on the Website are and shall remain the sole property of ParcelShield and/or our licensors. You further recognize that the Website and all Content (including the entire selection, coordination, arrangement, and “look and feel” of the Website and the Content), including all Intellectual Property Rights therein, are owned by us, our affiliates and our licensors. Other than the limited use rights expressly set forth in this Agreement, your use of our Website and Services does not grant you any right, title, or interest in the Website, our Content, or any Intellectual Property Rights therein. 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. For purposes of this Agreement, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, Trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection in any part of the world.

USE OF FEEDBACK 

ParcelShield may provide you with a mechanism to propose or provide any ideas, suggestions, enhancements, requests, recommendations, or other feedback regarding the Website, Content, or our Services (“Feedback”). If you do provide such Feedback to us, then you hereby assign all rights, title, and interests, including all Intellectual Property Rights, in and to such feedback to ParcelShield. You agree that we may, in our sole discretion, use such Feedback 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 Feedback 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 Feedback 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. 

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:  

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
  2. A description of the copyrighted work that you claim has been infringed; 
  3. A description of where the material that you claim is infringing is located on our Website; 
  4. Your address, telephone number, and email address; 
  5. 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 
  6. 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. 

CONTENT DISCLAIMER; ERRORS, CORRECTIONS AND CHANGES. 

Although we attempt to ensure the integrity and accurateness of our Website and all Content therein, 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 the content of and/or your use of or purchase of products or services from any Merchants, including any transactions completed in or through the same. 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. 

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We recommend that you review the privacy policy and terms and conditions of those Merchants to fully understand what information is collected and how it is used. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.  

WARRANTY DISCLAIMER 

ParcelShield is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, where posted or caused by users of our Website. 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. 

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, SECURITY AND ACCURACY, AND INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING FROM A COURSE OF USAGE OR TRADE). 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.  PARCELSHIELD DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES 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  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 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 AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT 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. 

INDEMNIFICATION 

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, claims, damages, obligations, actions, lawsuits, losses, judgements, fines, penalties, costs or expenses (including reasonable attorney’s fees) incurred by or brought against ParcelShield s related to your violation of this Agreement or use of our Website, Content or Services.

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 , Content, or Services, , (b) your use of our Website or our Content, or (c) the content contained on our Website or Services. 

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, LOSS OF DATA OR USE, 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, THE AGGREGATE, TOTAL LIABILITY OF PARCELSHIELD AND/OR OUR LICENSORS AND ANY OF THEIR OR OUR AFFILIATES TO YOU FOR ALL CLAIMS AND DAMAGES ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO 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, use of Content made available through or on the Website, or this Agreement 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. 

PRIVACY POLICY; PERSONAL DATA 

ParcelShield will treat any information that it collects or receives from you through your use of our Website and Services in accordance with our online, which is incorporated herein by reference. You must review this Privacy Policy; if you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Website.

ParcelShield processes personal data provided by you via the eCommerce Site solely as necessary to provide the eCommerce Site and any transactions managed or facilitated thereby and any related services to you. You represent and warrant that your provision of personal data to ParcelShield complies with all applicable laws. 

UNLAWFUL ACTIVITY 

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 

Our Website may contain links to other websites. This Agreement does not apply to the practices of third parties that we do not own or control, including such third-party websites. You acknowledge and agree that inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third-party websites, and you should exercise caution when deciding to visit any such websites. ParcelShield has no responsibility for the accuracy or reliability of information provided by linked sites and has no control over the legal documents and privacy practices of third-party websites. ParcelShield shall not be liable for any decision made or action taken by you based upon reliance on information or materials obtained through use of the information or content provided on the linked sites. ParcelShield does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that ParcelShield will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such external sites or resources. We recommend that you review the privacy policy and terms and conditions of those third-party sites to fully understand what information is collected and how it is used. You acknowledge that your use and access of these other websites is solely at your own risk.

DISPUTE RESOLUTION 

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.  

EQUITABLE REMEDIES

Nothing herein shall prohibit ParcelShield from seeking a temporary restraining order, preliminary injunction, or other provisional relief if, in its judgment, such action is necessary to avoid irreparable damage; and nothing herein shall prevent ParcelShield from bringing and pursuing legal action to specifically remedy any breach or threatened breach of any obligation hereunder by You involving ParcelShield’s Intellectual Property Rights.

SEVERABILITY; WAIVER

If a court of competent jurisdiction rules that a provision of this Agreement is invalid or unenforceable, such provision will be deemed modified to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will continue in full force and effect. No failure or delay by ParcelShield in exercising any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

CONTACT INFORMATION 

If you have questions about this Agreement, the practices of ParcelShield, you’re dealing with the Website, or requests pursuant to the DMCA, please contact us by telephone at 1-855-804-9533 or via email at: [email protected]

 

ECOMMERCE TERMS

The following eCommerce Terms outline additional terms and conditions specifically governing your use of and submission of orders via ParcelShield’s eCommerce Site. These eCommerce Terms are a part of and subject to the terms of the Agreement.    

Product Information

Through the eCommerce Site, ParcelShield may make certain goods and services available for purchase (the “Products”). ParcelShield may also make available data (including product and services descriptions, text documents, graphical images and trademarks, and pricing) and detailed product and services information, relating to the Products offered (the “Product Data”).  You acknowledge and agree that Product Data is provided “AS IS”, and we do not warrant the accuracy or completeness of the Product Data.

Purchases; General Terms

By placing an order with ParcelShield for any Products via the eCommerce Site, you hereby agree and acknowledge that you are (i) offering to purchase a Product; (ii) represent that you are the legal age of majority in your place of residence, (iii) represent that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided, and (iv) you are responsible for any purchase(s) you make while using the eCommerce Site. You further agree that you shall not use any Product(s) sold on the eCommerce Site for any illegal or unauthorized purpose whatsoever and your use of such Product(s) shall be subject to any applicable terms and conditions of use. When you complete a purchase, you must pay in U.S. Dollars. Prices may not include applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any Products at any time without notice. We reserve the right to refuse our Products to anyone, for any lawful reason, at any time, in our sole and absolute discretion. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right, in our sole discretion, at any time after receipt of your order to accept, limit, modify, decline or cancel your order, or any portion thereof, (including without limitation, quantities purchased per person, per household or per order) even after your receipt of an order confirmation, or refuse Products to you without prior notification for any reason whatsoever. These restrictions may include orders placed by the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that a Product lists an incorrect price, either due to a typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price. In the event that we decline, make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by dealers, resellers, or distributors.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

Payment Terms

For the purchase of any Products through the eCommerce Site, ParcelShield may provide you with the ability to complete and pay for the applicable product and service offerings using a valid credit or debit card. In order to process such payment, ParcelShield uses a third-party payment processor. You acknowledge and agree that in no event shall ParcelShield be responsible for the acts or omissions of such third-party payment processor. You hereby authorize our third-party payment processor to notify ParcelShield in the event of any suspension or termination of your account with such payment processor.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). All card payments are subject to authorization by your card issuer and may be subject to a fraud check by our designated fraud detection vendor. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.

To the extent you experience any error or issue with respect to the payment processing services or otherwise have any other payment dispute, please contact us as set forth in “Contact Information” above.

Personal Information

You may be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Information”), when make a purchase from the eCommerce Site. By providing such information, you acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions related to the Services, including without limitation, purchase of the Services through the eCommerce Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through submission of a purchase through the eCommerce Site.

To the extent that you provide any information, including but not limited to Personal Information, to ParcelShield via the eCommerce Site, you warrant that (i) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (ii) the use of such information by ParcelShield and its representatives will not violate the rights of any third parties.