THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF PERINSURE.COM, INCLUDING PERINSURE CLIENT AT PERINSURE.COM ("CLIENT"), PERINSURE REPORT MANAGER ("REPORT"), PERINSURE MOBILE AND PERINSURE BILLING ONLINE. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
PERINSURE MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF PERINSURE.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT PERINSURE.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH PERINSURE.COM.
Section 1. Definitions.
Content: information, graphics, products, features, functionality, services, and links on PerInsure.com, including PerInsure Client at PerInsure.com, Report Manager, and PeriShip Billing Online.
PerInsure: PerInsure Corporate Services, Incorporated, its parent and its parent's subsidiary companies
You: Yourself and the entity that you represent
Section 2. Use of PerInsure.com.
PerInsure.com is provided solely for the use of current and potential PerInsure customers to interact with PerInsure and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving PerInsure invoices and remitting payment using electronic funds transfer ("EFT"), identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential PerInsure customers for their own shipments. Use of PerInsure.com to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited.
The use of automated dial-in or inquiry devices to obtain information through PerInsure.com is strictly prohibited.
PerInsure does not accept ideas, concepts, or techniques for new services or products through PerInsure.com. If such information is received, it will not be considered confidential and PerInsure will be deemed free to use, communicate and exploit such information in any manner it chooses.
Section 3. PerInsure.com Login Registration.
You may choose to register on PerInsure.com to access interactive features on PerInsure.com. PerInsure.com Login provides you with access to PerInsure Client at client.PerInsure.com, www.PerInsure.com, sales.PerInsure.com, reports.PerInsure.com, billing.PerInsure, mobile.PerInsure.com and other online services. The availability of these services varies by country. In the future, PerInsure may add other features that may be accessed through PerInsure.com Login. In such event, previously registered users will not be required to re-register.
By registering on PerInsure.com, You agree to provide accurate and current information about Yourself as prompted by the PerInsure.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
Some PerInsure.com services are being made available to customers based in some countries and not others. You agree to register only for PerInsure.com services offered on the PerInsure.com website for the country in which your PerInsure account is based. For example, if your PerInsure account is based in Canada, you will register for services offered on PerInsure.com/ca and not for services offered on PerInsure.com/us.
When you register using PerInsure.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify PerInsure of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your PerInsure.com session at the end of each visit.
You acknowledge and agree that it may be necessary from time to time for PerInsure to confirm the validity of the credit card information you provided to open your PerInsure account. When this occurs, PerInsure may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.
Section 4. Changes to PerInsure.com.
PerInsure.com and its Content, may be changed, deleted or updated at any time without notice.
Section 5. Termination of Use.
PerInsure may discontinue, suspend or modify PerInsure.com at any time without notice, and PerInsure may block, terminate or suspend Your and any user's access to PerInsure.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 6. Ownership.
PerInsure.com and its Content are protected by United States and international copyright, trademark and other laws. © 2002-2011 PerInsure. All rights reserved. Specifically, PerInsure does not convey to anyone, through allowing access to PerInsure.com, any ownership rights in PerInsure.com or in any Content appearing on or made available through PerInsure.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of PerInsure.com or its Content.
Section 7. Disclaimer of Warranty.
PERINSURE.COM AND ITS CONTENT ARE PROVIDED "AS IS". PERINSURE AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, 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 ABILIITY OR INABILITY TO USE PERINSURE.COM AND ITS CONTENT.
PERINSURE EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING PERINSURE.COM, SHIP MANAGER 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. PERINSURE DOES NOT WARRANT THAT CLIENT OR REPORT MANAGER WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN CLIENT OR REPORT MANAGER WILL BE CORRECTED. FURTHERMORE, PERINSURE DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF CLIENT, REPORT, BILLING, SALES, MOBILE OR PERINSURE.COM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY PERINSURE OR AN AUTHORIZED REPRESENTATIVE OF PERINSURE SHALL CREATE A WARRANTY.
Section 8. Limitation of Liability.
USE OF PERINSURE.COM AND ITS CONTENT IS AT YOUR SOLE RISK. PERINSURE WILL IN NO EVENT BE 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 PERINSURE.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED PERINSURE OF THE POSSIBILITY OF SUCH DAMAGES.
Section 9. Indemnity.
You agree to defend, indemnify and hold harmless PerInsure, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
Section 10. PerInsure Service Guide.
The terms and conditions for using PerInsure delivery and related services are contained in the most current version of the PerInsure Client Manual, which is available by request. The most current version of the PerInsure Client Manual will control in the event of any conflict between any PerInsure delivery or related service information on PerInsure.com and the delivery or related service information contained in the most current version of the PerInsure Service Guide.
Section 11. Links to other web sites.
There are links on the PerInsure.com site that allow You to visit the sites of third parties. PerInsure controls neither these sites nor the companies to whom they belong. PerInsure makes no representations concerning the information 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.
PerInsure has not tested and makes no representations 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.
Section 13. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access PerInsure.com regarding access, use, export, re-export and import of any Content appearing on or available through PerInsure.com.
You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Section 14. Controlling Law and Severability.
This Agreement and Your use of PerInsure.com is governed by and construed in accordance with the laws of the United States and the State of Connecticut, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to PerInsure.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within New Haven County, Connecticut. This Agreement may not be changed or modified without the written consent of PerInsure.
Section 15. Courtesy Rate Quote
The courtesy rate reflected by the Courtesy Rate Quote on PerInsure Client Manager, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable PerInsure Client Manual or the PerInsure Rate Sheets for details on how shipping charges are calculated.