Latest Version Posted: May 5, 2020
Thank You for using StarShip™ by V-Technologies!
DESCRIPTION OF THE SERVICE
V-Technologies, as part of the Service, offers a cloud based shipping solution, StarShip™, through this website. StarShip™ is a domestic and international multi-carrier shipping system that features turnkey interfaces to gain efficiencies in shipping, accounts receivable, and customer service for consolidator, parcel, and LTL shipments. StarShip™ can be accessed once registration for a Provider Account is complete. This website, the Provider Account, and StarShip™, including all available content (collectively the “Service”), belongs to V-Technologies.
To access and use the Service, You must complete a registration process identified on the V-Technologies website for the Service by providing Us with current, complete, and accurate information as prompted by the applicable registration form, including logon credentials. You are entirely responsible for maintaining the confidentiality of Your logon credentials and any other non-public account information. Furthermore, You are entirely responsible for any and all activities that occur under Your Provider Account. You agree to notify V-Technologies immediately of any unauthorized use of Your account or any other breach of security. V-Technologies is not liable for any loss that You incur as a result of someone else using Your logon credentials or Provider Account, either with or without Your knowledge.
V-Technologies offers different service plans including, without limitation, monthly service plans. You will be charged a service fee based on the plan selected by You in Your Provider Account. In addition, You are responsible for all variable and transactional costs of using the Service (including but not limited to: postage, fees for private carriers, package insurance, or other special services selected) in addition to Your applicable service fee. Such additional fees may be payable directly between You and the third-party service provider. Your recurring service fee will be calculated and billed based on the date You register and the terms of Your offer. If You have registered for a monthly billing plan, the monthly billing cycle ends each month after You register. For example, if You register on January 10th, the first billing cycle will end on February 10th, and the second billing cycle will end on March 10th. V-Technologies bills in advance (i.e., at the beginning of the applicable billing cycle). Therefore, if You cancel in the middle of a billing cycle, You will not be refunded for Your service fees and Your account will remain available for the rest of the month. If required by applicable law, You are responsible for the payment of all sales, use, VAT, or other taxes owed on products or taxable items utilized, regardless of whether such taxes are collected by V-Technologies at the time of purchase.
While V-Technologies reserves the right to cancel Your Provider Account and Service for lack of payment or breach of these Terms, Provider Accounts remain active until cancelled by You, V-Technologies no longer offers the Service, or V-Technologies changes the Service in a way that requires Us to cancel. Following any cancellation of a Provider Account, We maintain certain account settings and information for a period of time in the event of a re-activation of Your Provider Account. The period of time We maintain account information shall be determined at the sole discretion of V-Technologies. V-Technologies makes no representations or warranties that account information will be maintained after an account is cancelled for any reason.
ACCOUNT OR SERVICE CANCELLATION/TERMINATION
You may terminate or close Your Provider Account or the Service at any time. However, depending on the service plan You selected, certain restrictions or fees may apply, as detailed below. To cancel Your Service, You may do so by 1) accessing Your Provider Account or 2) calling V-Technologies customer service at 800-462-4016, Monday – Friday, during business hours, other than major holidays. You will be asked to verify Your account information and confirm Your intent to cancel Your Account and/or Service. If You choose to cancel Your Service online, You may access Your Provider Account, select “Settings” and then “Cancel Subscription.” Your Service will terminate at the end of the current billing period.
MONTHLY SERVICE PLAN
You are free to end Your monthly service plan for the Service at any time. If You terminate Your monthly service plan, Your Service will remain active and accessible until the end of that month’s billing cycle (at which point it will be terminated) and no refund will be given.
FREE TRIAL OFFER TERMS
A free trial is available to You provided You have not previously signed up for a free trial. Upon registering for a Provider Account, select “free trial” for the plan you wish to use. You will be prompted to enter your information to sign up for the Service. Once the free trial period ends, You will be prompted to enter your billing information in order to continue using the Service.
By registering for a Provider Account, You agree to pay all fees incurred on Your account in accordance with the terms of the service plan selected by You. If You change service plans or Your account is automatically converted pursuant to this section of Terms, You agree to be bound by the payment terms of the new plan. If a Provider Account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with V-Technologies on behalf of the business or other entity who is the responsible account holder.
You agree that if timely payment of any amounts due is not made, We may pursue a claim directly or assign such claim for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law.
CREDIT VERIFICATION: V-Technologies reserves the right to verify the credit of all persons or companies applying for services.
INTELLECTUAL PROPERTY RIGHTS
The Service including this website, the Provider Accounts, StarShip™, and all available content is owned and operated by V-Technologies, LLC. You acknowledge that content, help topics, white papers, datasheets, videos, this Website, FAQs, and other materials (collectively “Materials”), as well as the Service and Provider Account and any derivative works or modifications thereto, are protected by copyrights, trademarks, and other intellectual and proprietary rights. These rights are owned by V-Technologies and are valid and protected in all media and technologies existing now or later developed. The Terms and applicable copyright, trademark, and other intellectual property rights and laws govern Your use of such Materials, Service, and Provider Account. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the Materials, Service, or Provider Accounts, is strictly prohibited. V-Technologies respects the intellectual property of others.
V-Technologies, StarShip, and associated brand and domain names are trademarks of V-Technologies in the United States and/or other countries. V-Technologies trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among Your customers, or in any manner which can be interpreted as business disparagement. All marks not owned by V-Technologies are the property of their respective owners. You may not use, and nothing contained on the Site or in these Terms grants, by implication, waiver, estoppel, or otherwise, any right to use any trademark displayed on the Site without the written permission of V-Technologies or the respective owner of such trademark, service mark or logo. Further, You agree not to:
- attack or challenge the validity, ownership, or enforceability of any of the Marks, any registrations for any of the Marks, or the Licensor’s rights relating to any of the Marks or in any such registrations;
- claim, use, or apply to register, record, or file any trademark, trade name, business name, corporate name, domain name, social media user name, email address, metatag, Adwords or similar search term, copyright, or design that is identical with, confusingly similar to, clearly derived from or based on, or that includes any of the Marks; or
- use any of the Marks in a manner which is likely to depreciate or cause material harm to the goodwill attached to any of the Marks.
LINKS TO THIRD PARTY SITES
The Services may contain links to third party websites or third party services (“Third Party Services”) including postage, carriers, sales channels, and other services that are external to this Service. These Third Party Services are not under V-Technologies control. V-Technologies is not responsible for the content of these Third Party Services. V-Technologies does not endorse or make any representation, guarantee, or assurance regarding any Third Party Services. Any Third Party Service that You acquire, and any exchange of data between You and such Third Party Service, is solely between You and such third party. Third Party Services may be subject to the third-party’s terms, conditions, and privacy statements. V-Technologies may disable, change, add, or remove links to any Third Party Services at its sole discretion. You agree to be bound by the terms and conditions of each Third Party accessed through the V-Technologies platform, and must accept such terms and conditions prior to using such Third Party services. Please note that each Third Party may change their terms and condition within their sole discretion, and We strongly suggest that You visit each of their websites regularly, to familiarize Yourself with their terms and conditions, as well as any potential changes, prior to using each service.
USE OF SERVICE
V-Technologies grants You a right to use the Service for Your own direct use. V-Technologies does not allow You to sublicense, resell (unless you are an authorized reseller), offer, or utilize V-Technologies products or services to third parties (including customers of Yours). V-Technologies does not grant the right to sublicense, resell, offer, or utilize any V-Technologies products or services so that V-Technologies products or services are stored, loaded, installed, combined, integrated, or displayed as part of a product or software offering (including as part of an application programming interface) of Yours to other third party products and services. If V-Technologies determines, in its sole and absolute discretion, that You have violated the foregoing limitations, V-Technologies reserves the right to immediately suspend or terminate Your service/account without notice. V-Technologies, subject to payment and acceptance of these Terms, grants You a limited right to use the Service for Your business purposes. The right to use the Service does not grant and You shall not grant any third party a right to use the Service. This Service may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by V-Technologies. V-Technologies reserves the right to refuse service, terminate the Provider Account, and/or cancel the Service at its discretion, including, without limitation, if V-Technologies believes that a user’s conduct violates applicable law or is harmful to the interests of V-Technologies. Any use of content or descriptions, any derivative use of the Service or its contents, and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Service or any content contained therein. By using this Service, You agree that You will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
Software such as printer drivers, client side components or other components for using the Service may be downloadable, installable or otherwise available from the Service (“Software”). All Software is the copyrighted work of V-Technologies. Your use of the Software is governed by the Terms. You may not use any Software or the Site unless you first agree to the Terms, after which We hereby grant to You a personal, nontransferable license to access the Software for viewing and otherwise using the Service in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by V-Technologies and/or its suppliers and is protected by copyright laws and international treaty provisions. WITHOUT LIMITATION THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions. You further agree not to use the Software for any mass data extraction or other use of the Service that is prohibited or outside the scope of the Service.
LIMITATION OF LIABILITY
V-TECHNOLOGIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES OR MATERIALS FOR ANY PURPOSE. ALL SUCH SERVICES AND MATERIALS AND RELATED GRAPHICS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. V-TECHNOLOGIES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED IN THE SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. V-TECHNOLOGIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AND/OR THE MATERIALS DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL V-TECHNOLOGIES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE THE WEBSITE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR ANY INFORMATION AVAILABLE FROM THE SERVICES. THE AGGREGATE LIABILITY OF V-TECHNOLOGIES ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless V-Technologies, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right or other intellectual property right. This defense and indemnification obligation will survive these Terms and Your use of the Site.
The laws of the State of Connecticut and the Federal Courts of Connecticut, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Service. By using the Service, You submit to the exclusive jurisdiction of Connecticut courts.
UNLAWFUL OR PROHIBITED ACTIVITIES
As a condition of Your use of this Service, You warrant to V-Technologies that You will not use the Service for any purpose that is unlawful or prohibited by these Terms, or the laws and regulations of the jurisdiction in which You are located or to which Your envelope or parcel was sent. You will not upload or transmit to the Service any Harmful Code. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service. You may not obtain or attempt to obtain materials or information through any means not intentionally made available or provided through the Service. V-Technologies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at V-Technologies’ sole discretion. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots,” or “trap door devices”) that is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate, or otherwise impede in any manner, any data, storage media, program, system, equipment, or communication, based on any event, including but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature. Harmful Code shall also mean any software that would enable an unauthorized person to cause such results as described above or would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You may not use Your password for any unauthorized purpose. You may not use the Service for activities that:
1) violate any law, statute, ordinance, or regulation related to sales of (a) narcotics, steroids, certain controlled substances, or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate, or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives as regulated under applicable law;
2) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes, or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with Money Service Business activities, i.e., the sale of traveler’s checks or money orders, currency exchanges, or check cashing, or (g) provide certain credit repair or debt settlement services;
3) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
4) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
5) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery), and sweepstakes unless the operator has obtained prior approval and the operator and its customers are located exclusively in jurisdictions where such activities are permitted by law.
SEVERABILITY: If any provision of these Terms is held to be invalid or unenforceable, such provision will be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by V-Technologies. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.