Use Terms
Shippers Interest Consulting Platform Use Terms
1. Use of Shippers Interest Consulting’s Platform
Welcome to Shippers Interest Consulting! By accessing this website, technology, software platform, features, and/ or services, (collectively, “Platform”) owned and developed by Shippers Interest Consulting LLC (“Shippers Interest Consulting”), you (“User”, “you”, “your”) acknowledge that you have read and agree to the following terms and conditions for using the Platform (“Use Terms”).
The Use Terms incorporate the Shippers Interest Consulting Privacy Policy
If you do not agree to these Use Terms, you are not permitted to use or access the Platform.
Shippers Interest may revise and amend these Use Terms from time to time and without providing you notice. By continuing to use the Platform, to agree to accept any changes to the Use Terms.
2. Disclaimer
Shippers Interest Consulting LLC is a business consulting company. It is not a law firm and does not provide legal services or offer legal advice. The company cannot be hired nor represent clients as legal counsel, and no use of this website or consulting services shall create an attorney-client relationship. The information provided on this website is for informational purposes only and should not be construed as legal advice. You should consult a licensed attorney if you have legal questions. In addition, while we encourage you to contact us, you should not disclose to us any confidential or privileged information. While we take reasonable efforts to prevent it, any information you provide to us could be intercepted by third parties, and we will not be responsible for the consequences of any such interceptions.
3. Use Restrictions
In using the Platform, you may not:
• Upload or transmit false, inaccurate, fraudulent, misleading, defamatory, libelous or otherwise unlawful information or content through the Platform;
• Impersonate any person or entity, or misrepresent information about yourself or your authority to act on behalf of any person or entity;
• Hack or otherwise attempt to gain unauthorized access to the Platform, Shippers Interest Consulting computer systems, or the computer systems of other users of the Platform;
• Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from the Platform;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party;
• Except as explicitly permitted in accordance with applicable law or as agreed to by the ultimate recipient, distribute or transmit bulk electronic communications, "spam," or other unsolicited communications through the Platform;
• Distribute viruses or other harmful or malicious technologies through the Platform;
• Use any automated means to access the Platform or collect any information from the Platform;
• Use the Platform in any way the violates applicable law or interferes with any third party’s use of the Platform; or
• Engage in “data scraping” or any other similar data collection and aggregation, or otherwise attempt to collect content or information stored on the Platform.
4. User Representations
You are at least 18 years of age. Any use of the Platform by any person under 18 years of age is unauthorized. You represent that no materials you share or submit on the Platform will violate or infringe on the rights of any third party, including any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material.
5. Communications
By using the Platform, you and other users may communicate through the Platform’s messaging system(s) or other methods (including via phone or text messaging). By using the Platform, you consent to receive notifications and other messages through the Platform. By providing your phone number and/or email address, you consent to receiving text messages and emails until you opt out. Although Shippers Interest Consulting may facilitate the communication between you and other users of the Platform, we are not liable for any communication to you from any other user in violation of any applicable law.
You also agree to receive, from time to time, promotional messages and materials from Shippers Interest Consulting. You may opt out of receiving these messages.
6. Third-Party Websites and Services
In using the Platform, you may websites that are connected or hosted by third parties and their websites, applications, and/or software platforms (“Third-Party Platforms”). Such Third-Party Platforms may have additional terms and conditions that are different than these Use Terms, and such other terms may apply to your use of such Third-Party Platforms. When you click on any Third-Party Platform you are doing so at your risk: Shippers Interest Consulting has no control over the contents of any Third-Party Platform, information, or resources and Shippers Interest Consulting does not review, approve, endorse, or make any promises with respect to Third-Party Platforms or any third-party user of Shippers Interest Consulting’s Platform.
Shippers Interest Consulting is not responsible or liable for any Third-Party Platforms, or any third part acts, omissions, products or services that may be accessed arising from your use of Shippers Interest Consulting’s Platform.
7. Intellectual Property
All rights in and to Platform (including but not limited to any images, photographs, software code, programs, applications and "applets", and any other material incorporated into the Platform) and the documentation are owned by or licensed to Shippers Interest Consulting. By using the Platform, you grant Shippers Interest Consulting an irrevocable, non-exclusive, transferable license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution any data or information you may upload to the Platform.
8. NO WARRANTY
SHIPPERS INTEREST CONSULTING DOES NOT MANY ANY REPRESENTATIONS OR WARRANTY ABOUT THE PLATFORM OR ANY SERVICES PROVIDED BY USE FO THE PLATFORM BY USER, INCLUDING ANY REPRESENTATION THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE, DEFECT FREE, VRIUS FREE, IN COMPLIANCE WITH ALL APPLICABLE LAW, COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS, OR THAT THE PLATFORM WILL MEET ANY USER SPECIFICATIONS. THE PLATOFRM IS PROVIDED ON AN “AS-IS’ BASIS. TO THE EXTENT PERMITED BY APPLICABLE LAW, SHIPPERS INTEREST CONSULTING DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OF THE PLATFORM, SHIPPERS INTEREST CONSULTING’S SERVICES, WARRANTY OF ACCURACY OF DATA, OR FITNESS FOR USER’S PURPOSE.
9. Limitation of Damages
To the extent permitted by applicable law, in no event shall Shippers Interest Consulting be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for regulatory fines or penalties, loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the services or materials offered through this website or by the Platform. To the extent permitted by applicable law, Shippers Interest Consulting assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Platform; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored on the Platform.
10. Liability Limitation
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, SHIPPERS INTEREST CONSULTING’S LIABILITY TO YOU FOR ANY CAUSE, CLAIM, OR DAMAGE WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SERVICES OR ACCESS TO THE PLATFORM IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT IF YOU HAVE NOT PAID US FOR ANY SERVICE OR ACCESS TO THE PLATFORM, YOU SHALL BE LIMITED ONLY TO INJUNCTIVE RELIEF, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE.
11. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD SHIPPERS INTEREST CONSULTING (INCLUDING ANY AFFILIATES, OWNERS, AND EMPLOYEES) HARMLESS FROM AND DEFEND THEM AGAINST ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSE (INCLUDING ATTORNEYS' FEES) ARISING DUE TO, OR ARISING OUT OF OR IN CONNECTION WITH, YOUR USE OF THE PLATFORM. THIS OBLIGATION AND ANY OTHER INDEMNIFICATION OBLIGATION SET FORTH IN THESE TERMS WILL SURVIVE THE TERMINATION OF THESE TERMS AND/OR YOUR USE OF THE PLATFORM.
12. Notices
Any notices required under these Use Terms must be provided in writing and delivered to Shippers Interest Consulting via email at tyler@shippersinterestconsulting.com.
13. Compliance with Laws; Severability
These Use Terms and intended to be in compliance with all applicable law. If any part of these Use Terms may be determined to be invalid or unenforceable, that provision shall be severable from these Use Terms, in which even the Use Terms should be construed as if such provision had never been contained in the Use Terms.
14. Entire Agreement
These Use Terms represent the entire agreement between the parties and supersede all prior discussions, agreements and understanding between the parties. No modification to these Use Terms shall be effective unless in writing and signed by both parties.
15. Governing Law
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF INDIANA. EXCEPT AS OTHERWISE PROVIDED BY THE DISPUTE RESOLUTION REQUIREMENTS IN THESE USE TERMS, ANY LITIGATION ARISING THESE USE TERMS OR THE PLATFORM WILL BE RESOLVED IN THE FEDERAL COURT FOR THE SOUTHER DISTRICT OF INDIANA OR STATE COURTS IN MARION COUNTY, INDIANA. IN THE EVENT ANY DISPUTE UNDER THESE USE TERMS OR THE PLATFORM PROCEEDS IN A COURT OF LAW, SHIPPERS INTEREST CONSULTING AND USER IRREVOCABLY WAIVE OUR RIGHTS TO A TRIAL BY JURY RELATING TO THESE USE TERMS.