THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE
SHIPORACLE.COM SITE AND ITS SERVICES.
Last updated on May 31, 2009
INTRODUCTION
Welcome
to the Internet site of ShipOracle.com. By using the ShipOracle.com
Site, or any of the products or services (collectively, the "Services")
available on the ShipOracle.com Site, including Services offered on a
payment basis (each a "Pay Service"), you agree, without limitation or
qualification, to be bound by these terms and conditions (the "Terms
and Conditions") and such other additional or alternative terms,
conditions, rules and policies which are displayed or to which you may
be directed in connection with use of the ShipOracle.com Site or
Service, or, in the case of a Pay Service, which form part of your
agreement to pay to access or use any particular ShipOracle.com Site or
Service (your "Pay Services Agreement"), all as may be modified by
ShipOracle.com from time to time in accordance with these Terms and
Conditions. If you do not agree with these Terms and Conditions, you
may not use the ShipOracle.com Site or any of the Services on the
ShipOracle.com Site and must terminate any applicable Pay Services
Agreement.
REGISTRATION, ACCOUNTS AND PASSWORDS
Certain of the
Services and related material, software, information, data and other
content made available on the ShipOracle.com Site ("Content") may
require registration or subscription. Should you choose to register or
subscribe for any such Services or related Content, you agree to
provide accurate and current information about yourself as required by
the relevant registration or subscription process, and to promptly
update such information as necessary to ensure that it is kept accurate
and complete. You agree to be responsible for: (a) maintaining the
confidentiality of any passwords or other account identifiers which you
choose or are assigned as a result of any registration or subscription
on the ShipOracle.com Site, and (b) all activities that occur,
including transaction effected, under such password or account.
Further, you agree to notify ShipOracle.com of any unauthorized use of
your password or account. ShipOracle.com will not be responsible or
liable, directly or indirectly, in any way for any loss or damage of
any kind incurred as a result of, or in connection with, your failure
to comply with this Section.
RESTRICTIONS ON USE OF MATERIALS
All
Content available on the ShipOracle.com Site, including the manner in
which such Content is presented, and the Services are: Copyright of
ShipOracle.com. All rights reserved. Such Content is protected by
worldwide copyright laws and treaty provisions. ShipOracle.com grants
you a limited non-exclusive, non-transferable license to use and
display on your computer or other electronic access device, the Content
and Services for your own personal, private and non-commercial use
only, provided that you do not modify the Content and that you maintain
all copyright and other proprietary notices. Except as provided herein,
you agree not to reproduce, make derivative works of, retransmit,
distribute, sell, publish, communicate, broadcast or otherwise make
available any of the Content obtained through the ShipOracle.com Site
or any of the Services, including without limitation, by caching,
framing or similar means, without the prior written consent of the
respective copyright owner of such Content. Consequently, you may not
download any part of this website
USER CONDUCT
In
consideration of the availability, and your use, of the ShipOracle.com
Site or any of the Services, you agree to comply with all applicable
laws and these Terms and Conditions when using such ShipOracle.com Site
or Service. You acknowledge that ShipOracle.com may investigate any
violations of law and may cooperate with law enforcement authorities in
prosecuting users in this regard. Additionally, you agree not to:
post,
transmit, link to, or otherwise distribute any materials, information
or content constituting, advocating or encouraging conduct that would
constitute a criminal offense or give rise to civil liability, or
otherwise use the ShipOracle.com Site or any of the Services in a
manner which is contrary to law or would serve to restrict or inhibit
any other user from using or enjoying the ShipOracle.com Site, any of
the Services, or the Internet;
defame, abuse, stalk, harass,
threaten or otherwise violate the legal rights of others, including
without limitation, rights relating to privacy and publicity;
post,
transmit, link to, or otherwise distribute any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful material or
information;
post, transmit, link to, or otherwise distribute any
information, materials or content (including for greater certainty,
software) which contains a virus, cancelbot, trojan horse, worm or
other harmful or disruptive component.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither
we nor any third parties provide any warranty or guarantee as to the
accuracy, timeliness, performance, completeness or suitability of the
information and materials found or offered on this website for any
particular purpose. You acknowledge that such information and materials
may contain inaccuracies or errors and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by
law.
Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable. It shall
be your own responsibility to ensure that any products, services or
information available through this website meet your specific
requirements.
This website contains material which is owned by or
licensed to us. This material includes, but is not limited to, the
design, layout, look, appearance and graphics. Reproduction is
prohibited other than in accordance with the copyright notice, which
forms part of these terms and conditions.
All trade marks reproduced
in this website which are not the property of, or licensed to, the
operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From
time to time this website may also include links to other websites.
These links are provided for your convenience to provide further
information. They do not signify that we endorse the website(s). We
have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without [business name]'s prior written consent.
Your
use of this website and any dispute arising out of such use of the
website is subject to the laws of the United States of America.
DISCLAIMER
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE ShipOracle.com SITES AND ANY OF THE
SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND THAT EACH OF SHIPORACLE.COM, ITS AGENTS and REPRESENTATIVES
(COLLECTIVELY THE "ShipOracle.com GROUP") DOES NOT MAKE ANY, AND HEREBY
DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND
ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY,
RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL
AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE ShipOracle.com GROUP SPECIFICALLY
MAKES NO WARRANTIES THAT THE ShipOracle.com SITE OR ANY OF THE
SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES
OBTAINED FROM OR THROUGH THE USE OF THE ShipOracle.com SITE OR ANY OF
THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
FINANCIAL INFORMATION DISCLAIMER
The
Content (including any facts, views, opinions, recommendations,
description of, or references to, products or securities) made
available by the ShipOracle.com Group through the ShipOracle.com Site
or any of the Services is: (a) for information purposes only; (b) not
to be used or construed as an offer to sell, a solicitation of an offer
to buy, or an endorsement, recommendation, or sponsorship of any entity
or security by the ShipOracle.com Group; and (c) not necessarily
reflective of the views or policy of SHIPORACLE.COM, including the
publisher, contributors and staff of, and advertisers on, the
ShipOracle.com Site. You acknowledge and agree that any request for
information by you is unsolicited and will neither constitute nor be
construed as investment advice by the ShipOracle.com Group. You should
apply your own judgment in making any use of any Content, including,
without limitation, the use of any information contained therein as the
basis for any conclusions. You bear responsibility for your own
investment research and decisions. PRIOR TO MAKING ANY INVESTMENT
DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM
A INDEPENDENT AGENT. THE ShipOracle.com GROUP DOES NOT PROVIDE OR
GUARANTEE ANY FINANCIAL ADVICE OR ADVICE REGARDING THE SUITABILITY,
PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT,
SECURITY, OR INFORMATION SOURCE.
MONITORING
You acknowledge
that ShipOracle.com has no obligation to monitor the ShipOracle.com
Site or any content accessible through the ShipOracle.com Site or any
of the Services. However, you agree that ShipOracle.com has the right
to monitor the ShipOracle.com Site electronically from time to time and
to disclose any information, including your personal information, as
necessary to satisfy any law, regulation or other governmental request,
to operate the ShipOracle.com Site or any of the Services properly, or
to protect itself or its users in accordance with the Privacy Policy.
MODIFICATIONS
For
users of the ShipOracle.com Sites other than in relation to Pay
Services Agreements, ShipOracle.com reserves the right, in its sole
discretion, to add to, remove from, modify or otherwise change any part
of these Terms and Conditions, in whole or in part, at any time. Except
as otherwise expressly contemplated herein, changes will be effective
when notice of such change is posted on the ShipOracle.com Site. Please
check these Terms and Conditions regularly for updates by checking the
date of "Last Update" at the top of this document. If any change is not
acceptable to you, you must discontinue your use of any ShipOracle.com
Sites and any of the Services immediately. Your continued use of the
ShipOracle.com Site or any of the Services after any such changes are
posted will constitute acceptance of those changes. Further,
ShipOracle.com reserves the right to change, modify, suspend or
discontinue any aspect of the ShipOracle.com Site, Services or Content
from time to time without notice or liability and for any reason
whatsoever. For users who have entered into a Pay Services Agreement,
modifications to your Pay Services Agreement or these Terms and
Conditions are discussed below.
CONTENT LINKED TO THE SHIPORACLE.COM SITE
Please
exercise discretion while browsing the Internet. Please note that
certain links on the ShipOracle.com Site may take you to other
websites. ShipOracle.com provides these links only as a convenience and
not as an endorsement by ShipOracle.com. These linked sites are not
necessarily under the control of ShipOracle.com. If you decide to visit
any linked site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses
and other destructive elements. ShipOracle.com is not responsible for
the content of any such linked sites or any other web page which is not
part of the ShipOracle.com Site and under ShipOracle.com 's control.
Unless otherwise expressly provided, ShipOracle.com makes no
representation or warranty regarding, and does not endorse, any linked
site or the information, products or services appearing thereon.
Accordingly, you agree that ShipOracle.com will not be responsible or
liable in any way for the accuracy, relevancy, copyright compliance,
legality, or decency of material contained in any site linked from the
ShipOracle.com Site.
DEALINGS WITH THIRD PARTIES
You
acknowledge and agree that your correspondence or business dealings
with any third parties, including any merchants or advertisers, found
on, or through, the ShipOracle.com Site or any of the Services,
including payment for and delivery of related goods and services, and
all other terms, conditions, representations and warranties related to
such dealings, are solely as between you and such third parties. The
ShipOracle.com Group assumes no responsibility whatsoever for any
charges you or any user of your account incurs when making purchases or
other transactions in this manner. Further, the responsibility for
ensuring compliance with all applicable laws in connection with any
such transactions will be yours alone. You agree that the
ShipOracle.com Group will not be responsible or liable in any way for
any loss or damage of any kind incurred as a result of, or in
connection with, any such dealings or transactions.
SUBSCRIPTION/FEE BASED SERVICES
Certain
of the Services and Content made available on the ShipOracle.com Site
may be offered by ShipOracle.com on a payment basis. These Pay Services
may be offered by ShipOracle.com on a prepaid usage basis or on a
periodic subscription ("Subscription") basis. Should you choose to
purchase or subscribe to certain Pay Services, you will be required to
register as described at the time of registration for the Pay Service,
and you will be assigned an account for such Pay Service (the "Pay
Service Account") based on the information you provide as part of the
registration process. You will be responsible for all uses of your Pay
Services Account, including transactions effected and all applicable
Pay Services fees, together with all applicable taxes (collectively,
the "Fees"), incurred through your Pay Services Account. You agree to
pay all the Fees applicable for such Pay Service which you incur. You
agree to immediately notify ShipOracle.com of any unauthorized use of
your Pay Services Account. Unless otherwise indicated in the
registration process, in your Pay Services Agreement or in these Terms
and Conditions, the Fees for a Pay Service purchased through your Pay
Service Account are chargeable immediately (and at the beginning of
each payment period for periodic Subscription Pay Services) to the
credit card you designated for the particular Pay Service Account (the
"Account Credit Card") or through such other billing process as
applicable. All Fees are non-refundable.
Please note that
Subscription Pay Services are billed automatically at the end of each
payment period as set out in your Pay Services Agreement and Fees in
respect of each payment period will be based on the then-current rate
for the particular Subscription Pay Service. You may terminate your Pay
Services Agreement at any time, which termination will only be
effective at the end of the payment period in which you terminate your
Pay Services Agreement, in accordance with these Terms and Conditions
and your Pay Services Agreement. Should you terminate your pay
service, you will be charged until the end of your billing cycle(based
on the calender day of each month), and you will have access to the
services until such time has expired. This hereby acknowledges you are
entitled to no partial refunds.
By registering for a Pay Service,
you warrant that: (a) you are of the age of majority in the
jurisdiction in which you reside, (b) all information you submit is
true and correct (including without limitation all Account Credit Card
information), and (c) you are the cardholder of the Account Credit Card.
In
consideration of the availability, and your use, of a Pay Service, you
acknowledge and agree: (a) to the terms of your Pay Services Agreement
and these Terms and Conditions, including, without limitation, the
disclaimers, limitation of liability and provisions related to
prohibited conduct set out herein; (b) that you are solely responsible
for all acts or omissions that occur through your Pay Service Account;
(c) that the Pay Service is for your personal, non-commercial use and
you agree not to resell, distribute, transfer, share or otherwise use
any Pay Service; and (d) that ShipOracle.com reserves the right to
suspend or terminate your Pay Service Account and your use of a Pay
Service in accordance with these Terms and Conditions and your Pay
Services Agreement.
MODIFICATION PAY SERVICE AGREEMENTS AND TERMS OF SERVICE IN CONNECTION WITH SUBSCRIPTION/FEE BASED SERVICE
ShipOracle.com
may at any time and from time to time amend or modify these Terms and
Conditions or a Pay Service Agreement, including any Fees, features or
other aspects of Pay Services, upon notice to you. Notification may be
provided using one or more of the following methods: (i) letter mailed
to your billing address; (ii) bill message; (iii) e-mail to one or more
of your email accounts provided to shiporacle.com; (iv) posting on the
shiporacle.com website; or (v) speaking to you or leaving a message for
you. If you do not agree to any such amendments or modifications of
your Pay Services Agreement or these Terms and Conditions, your sole
remedy is to immediately stop using the ShipOracle.com Sites and
Services, including Pay Services, and to terminate your Pay Services
Agreement and these Terms and Conditions in accordance with these Terms
and Conditions and your Pay Services Agreement. You can review the most
current version of these Terms and Conditions at www.shiporacle.com.
SHIPORACLE.COM TERMINATION
ShipOracle.com
reserves the right to suspend or terminate your Account and your access
to the Site, Services and Content, including Pay Services, at any time
for convenience, or for any other reason, including without limitation,
if: (a) the Account Credit Card is invalid for any reason; (b) you give
ShipOracle.com and/or its affiliates or licensors false or misleading
information; (c) ShipOracle.com and/or its affiliates or licensors does
not receive any payment when due; or (d) ShipOracle.com has determined,
in its sole discretion, that the use of the ShipOracle.com Site or of
any Services through your Account is, or was in breach of these Terms
and Conditions or you are using the Services for unlawful or improper
use; (e) for any so reason, including conflict of interest, suspected
abuse, improper conduct, spamming, information gathering, manipulation,
use of the information provided on this website for commercial gain, or
any other grounds/conduct that shiporacle.com considers inappropriate.
Any such termination by ShipOracle.com will be in addition to and
without prejudice to such rights and remedies as may be available to
shiporacle.com, including injunction and other equitable remedies. Your
ability to use the Pay Services is also subject to any limits
established by ShipOracle.com or by your Account Credit Card issuer. If
Fees cannot be charged to your Account Credit Card or your charge is
returned for any reason, including chargeback, ShipOracle.com reserves
the right to either suspend or terminate your Pay Services Account and
your access to the Pay Services. The disclaimer, limitations on
liability, and indemnity provisions herein will survive termination or
expiry of your Account, these Terms and Conditions and your Pay
Services Agreement.
SUBSCRIBER TERMINATION
You may terminate your
subscription to a Pay Service for a Subscription at any time by sending
an email to cancel@shiporacle.com. All terminations will be effective
at the end of the month in which such termination was effected.
ShipOracle.com will not, under any circumstances, provide any refund in
connection with the termination of any Pay Service for a Subscription
with a duration of one month or less. With respect to the termination
of Pay Services for a Subscription which are longer than one month,
ShipOracle.com will provide a refund (in the form of a credit against
the Account Credit Card) in an amount equal to: (i) the amount charged
against the Account Credit Card and received by ShipOracle.com for the
applicable Pay Service for a Subscription, less (ii) the regular amount
that would have been payable if calculated on a monthly basis for the
applicable subscription period up to the end of the monthly period in
which termination is effective.
INDEMNIFICATION
You agree to
defend, indemnify and hold harmless each member of the ShipOracle.com
Group and each of their respective officers, directors, employees and
agents, including all third parties mentioned on the ShipOracle.com
Site, from and against any and all claims, actions or demands,
including without limitation reasonable legal and accounting fees,
resulting from or related to: (a) your breach of any of these Terms and
Conditions; (b) your access to or use of the ShipOracle.com Site,
Services or Content; or (c) your use or reliance on, or publication,
communication or distribution of anything on or from the ShipOracle.com
Site or through any of the Services. You will use your best efforts to
cooperate with the ShipOracle.com site in the defense of any claim. The
ShipOracle.com Group reserves the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE SHIPORACLE.COM GROUP BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY
DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE
LOSSES, REGARDLESS OF WHETHER SHIPORACLE.COM HAD BEEN ADVISED OF OR
COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR
IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY
OF THE SERVICES OF THE SHIPORACLE.COM SITE, OR (B) ANY UNAUTHORIZED
ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR
(C) ANY OTHER MATTER RELATING TO THE SHIPORACLE.COM SITE OR ANY OF THE
SERVICES.
You expressly acknowledge that ShipOracle.com has
entered into your Pay Services Agreement and these Terms and
Conditions, and has and will make certain ShipOracle.com Sites, Content
and Services available to you in reliance upon the limitations and
exclusions of liability and the disclaimers set forth herein, and that
the same form an essential basis of the bargain between you and
shiporacle.com. You expressly agree that the indemnities, limitations,
exclusions of liability and the disclaimers set forth herein will
survive, and continue to apply in the case of, a fundamental breach or
breaches, the failure of essential purpose of contract, the failure of
any exclusive remedy or termination of your Pay Services Agreement or
these Terms and Conditions.
ARBITRATION AND ACTIONS
Except where
prohibited by applicable law, any controversy, claim or dispute arising
out of or relating to these Terms and Conditions, a Pay Service (unless
otherwise specified in Pay Services Agreement), your Pay Services
Agreement, your use of any ShipOracle.com Site or Service or the
relationship which results from these Terms and Conditions, including
without limitation, the performance, breach, enforcement, existence or
validity of the matters provided for in these Terms and Conditions or
your receipt and use of the Site or Services, which cannot be amicably
resolved, even if only one of the parties declares that there is a
difference (collectively, a "Claim"), will be referred to and finally
settled (to the exclusion of the courts) by private and confidential
binding arbitration before a single arbitrator held in Burlington,
Vermont in English and governed by, as amended, replaced or re-enacted
from time to time. The arbitrator will be a person who is legally
trained and who has experience in the information technology field in
the United States of America and is independent of either party. Any
such Claim will be arbitrated on an individual basis, and will not be
consolidated in any arbitration with any claim, controversy or dispute
of any other party. Except where prohibited by applicable law, you
agree to waive any right you may have to commence or participate in any
class action against the ShipOracle.com Group relating to any Claim and
you also agree to opt out of any class proceedings against the
ShipOracle.com Group. Notwithstanding the foregoing, ShipOracle.com
reserves the right to pursue the protection of intellectual property
rights and confidential information through injunctive or other
equitable relief through the courts.
SUBMISSION OF IDEAS OR SUGGESTIONS
ShipOracle.com
is always improving the ShipOracle.com sites and services and
developing new features. If you have ideas or suggestions regarding
improvements or additions, ShipOracle.com would like to hear them - but
any submission will be subject to these terms and conditions. UNDER NO
CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR SUGGESTION OR RELATED
MATERIAL TO SHIPORACLE.COM AND/OR ITS AFFILIATES OR LICENSORS BE
SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF
COMPENSATION. BY SUBMITTING THE IDEA OR SUGGESTION OR ANY RELATED
MATERIAL TO SHIPORACLE.COM AND/OR ITS AFFILIATES OR LICENSORS, YOU ARE
WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR SUGGESTION
OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO
SHIPORACLE.COM AND/OR ITS AFFILIATES OR LICENSORS THAT THE IDEA OR
SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT
NO ONE ELSE HAS ANY RIGHTS IN THE IDEA OR SUGGESTION OR ANY RELATED
MATERIAL AND THAT SHIPORACLE.COM AND/OR ITS AFFILIATES OR LICENSORS IS
FREE TO IMPLEMENT THE IDEA OR SUGGESTION AND TO USE THE RELATED
MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SHIPORACLE.COM
AND/OR ITS AFFILIATES OR LICENSORS, WITHOUT OBTAINING PERMISSION OR
LICENSE FROM ANY THIRD PARTY.
PRIVACY
For information on how
user information is collected, used and disclosed by ShipOracle.com in
connection with your use of the ShipOracle.com Site and any of the
Services, please consult our Privacy Policy.
GENERAL PROVISIONS
These
Terms and Conditions and any Pay Services Agreement you have entered
into are personal to you, and you may not assign your rights or
obligations to anyone. Your Pay Services Agreement and these Terms and
Conditions constitute the entire agreement between ShipOracle.com and
you pertaining to your use of the ShipOracle.com Site, Services and
Content and supercede any prior agreements between you and
ShipOracle.com with respect to the subject matter hereof.
Shiporacle.com's failure to insist upon or enforce strict performance
of any right or provision of your Pay Services Agreement or these Terms
and Conditions will not constitute or be construed as a waiver of any
right or provision. If any of the provisions (or parts thereof)
contained in your Pay Services Agreement or these Terms and Conditions
are determined to be void, invalid or otherwise unenforceable by a
court of competent jurisdiction, such determination will not affect the
remaining provisions (or parts thereof) contained herein. Except where
prohibited by applicable law, any cause of action you may have with
respect to your use of the ShipOracle.com Sites or which is the subject
of your Pay Services Agreement or these Terms and Conditions must be
commenced within one (1) year after the claim or cause of action
arises. No changes to your Pay Services Agreement or these Terms and
Conditions will be made except as expressly contemplated herein. The
parties have required that your Pay Services Agreement and these Terms
and Conditions and all documents relating thereto be drawn up in
English.