Terms and Conditions for borderfree.com Website Use

This Terms and Conditions for website Use ("Agreement") governs the use of borderfree.com ("Website") as provided by Borderfree, Inc. and its affiliates (for the purposes of this Agreement, collectively “Borderfree”, "we", or "our", or "us").

Please read the rules contained in this Agreement carefully. You can access this Agreement any time from the Website. This Agreement may be modified from time to time and your continued access of the Website constitutes your acceptance of any changes to this Agreement. The date of the most recent revisions will appear at the top of this page. Please check this Agreement frequently for updates. BY USING THE WEBSITE (OR ANY PART OF IT), YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU CANNOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE.

We take your privacy very seriously. In addition to reviewing this Agreement, please read our Privacy Policy. You agree that we may collect and use personal information that you provide or make available to us in accordance with the Privacy Policy. Your use of the Website constitutes agreement to our Privacy Policy’s terms and conditions as well.

1. Nature of Website Use
On the Website you will be able to search for products from retailers (“Retailers”). We provide this Website as a way to connect you and others with these Retailers. However, we do not have control over the actions or products of these Retailers. Once you find a Retailer’s item you are interested in, and you click on a link, you will be redirected to that Retailer’s website. Once on the Retailer’s website, you will no longer be using this Website, we will no longer have any control over the items you do or do not purchase, or any other interaction with that Retailer. By clicking on a link to be redirected to a Retailer’s website, you acknowledge that we are not responsible for the terms and conditions set forth by the relevant Retailer. If you are under 18, considered a minor in your local jurisdiction, or the equivalent thereof, you may not use the Website. You agree to use the Website only for the intended purposes and only in lawful ways and you acknowledge that your failure to do so may subject you to civil and criminal liability.

2. Restrictions
You shall not: (i) copy, distribute or modify any part of the Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Website; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website.

3. Borderfree Account
In order to use certain functions of the Website, such as checking your order status and enabling a faster Borderfree checkout experience, including the automatic uploading of your personal information to a Borderfree checkout, you may be required to create a user account with Borderfree. During the sign-up process for your Borderfree account, you will be asked to create a password, we will ask you for certain information, including your payment information and e-mail address, and we will capture other information through your usage and information that you otherwise provide to us with your consent. Please read our Privacy Policy regarding how we collect, use, disclose, store, protect and process that information. By providing this information to us, you represent that the information is accurate and that you will keep that information up to date at all times. You may not have more than one active account open with us at any one time. Only you may use your account and you may not transfer to (or allow use by) any other person. You may only open an account if you are 18 years or older, you are the legal age of majority in your country, you are legally allowed to open this account in your country, and you live in a country supported by us (which we may change from time to time). PLEASE SAFEGUARD YOUR USER NAME AND PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF YOUR ACCOUNT, USER NAME, OR PASSWORD. YOU REPRESENT THAT YOU WILL USE THIS ACCOUNT ONLY FOR LAWFUL PURPOSES, TO MAKE PURCHASES FOR PERSONAL CONSUMPTION AND ONLY IN ACCORDANCE WITH THIS AGREEMENT. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information to us. We are not responsible or liable for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. To cancel your account, please contact us at borderfree.com/contact, or 292 Madison Avenue, 5th Floor, New York, NY 10017. We reserve the right, in our sole discretion, to refuse registration of, suspend, or terminate your account for any reason and without notice. Such reasons may include but are not limited to: non-payment of monies due, periods of inactivity, unresponsiveness to our requests for information related to your account or any related purchase, inaccurate, incomplete or misleading information being provided by you, use of your account fraudulently, non-compliance with export and sanctions laws or other laws, or non-compliance with this Agreement. We may delete any of your data within thirty (30) days after the date of termination of your account.

4. Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically, To the maximum extent permitted by law, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Merchandise, Products and Services on the Website
Neither Borderfree nor its third party service providers make any warranties with respect to any of the merchandise, products, content and/or services featured or mentioned on or through the Website. In particular, we do not warrant that any of the foregoing is accurate, complete, reliable, current, or error-free. You agree that Borderfree and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured or mentioned on or through the Website. Borderfree does not guarantee the price of any merchandise, products, and/or services displayed on the Website. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

6. The Website
Borderfree reserves the right in its sole discretion to modify and/or discontinue any part of the Website or any services or products offered via the Website at any time and at our sole discretion, with or without notice.

7. Disclosure
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Website, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety or that of our users or the public.

8. Links to Other Sites
The Website contains links to other sites hosted and/or maintained by third parties. Borderfree shall not be responsible for the content of any third party sites that may be linked to or from the Website. These links are provided for your convenience and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Borderfree does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.

9. Indemnification
You agree to indemnify, defend and hold harmless Borderfree and its subsidiaries and affiliates and their respective officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, expenses or demands (including, but not limited to reasonable attorney's fees) arising from or out of your use of the Website, your User Submissions, your breach of this Agreement and/or your infringement of any intellectual property rights.

10. Term and Termination
This Agreement is effective until terminated by us or you. We, in our sole discretion, have the right to terminate this Agreement and/or your access to the Website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of this Agreement). We shall not be liable to you or any third party for termination of the Website, or any part thereof. If you object to any term or condition of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. Upon termination of this Agreement, you shall cease all use of the Website. This Section 10 and Sections 2 (Restrictions), 5 (Merchandise, Products and Services on the Website) to 14 (General) (inclusive) shall survive termination of this Agreement.

11. Disclaimer and Limitation of Liability
Borderfree assumes no liability for any errors or omissions contained on or in the Website. The Website is offered to you on an "As Is" basis without a warranty of any kind either express or implied including without limitation any warranty of merchantability or fitness for a particular purpose, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. Borderfree disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from arising out of or in any way related to any information which is posted to the Website by any third party. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT WE WILL NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BORDERFREE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTIAL DAMAGES, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, REVENUE, PROFITS, REPUTATION OR LOST SAVINGS ARISING UNDER THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF BORDERFREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL BORDERFREE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF, OR INABILITY TO USE THE WEBSITE WHETHER IN CONTRACT TORT OR OTHERWISE EXCEED ONE DOLLAR (US $1.00).

YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT MERCHANDISE AND REQUESTS FOR MERCHANDISE SUPPORT DIRECTLY WITH THE RETAILER. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY MERCHANDISE. THE RETAILER PROVIDES CERTAIN PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS TO BORDERFREE, AND BORDERFREE DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SUCH IMAGE, DESCRIPTION OR SPECIFICATION. BORDERFREE PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY MERCHANDISE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BORDERFREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT BORDERFREE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE MERCHANDISE. YOU FURTHER AGREE THAT BORDERFREE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A RETAILER’S MISUSE OF YOUR PERSONAL DATA, WHERE BORDERFREE PROVIDES YOUR PERSONAL DATA TO THE RETAILER PURSUANT TO THIS AGREEMENT. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERFREE OF THE POSSIBILITY OF SUCH DAMAGES.

12. Intellectual Property Rights
Content and Marks. The: (i) content on the Website, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); (ii) and User Submissions, as defined below (together with the Materials, the “Content”); and (iii) the trademarks, service marks, logos and trade dress of Borderfree used on this Website (collectively "Marks"), are the intellectual property of Borderfree and its affiliates and subsidiaries and/or licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All third party trademarks are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Borderfree. Those uses that are authorized must comply with Borderfree' trademark usage guidelines (provided when necessary upon request). We reserve all rights not expressly granted in and to the Website and the Content.

Use of Content. Content on the Website is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

You will not collect users' content or information, or otherwise access the Website or collect information from it, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You will not do anything that could disable, overburden, or impair the proper working of the Website.

13. User Submissions
Responsibility. The Website may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Website (including User Submissions) at any time and for any reason. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Website and this Agreement. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions. License to User Submissions. By submitting the User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and our business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Website or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with this Agreement. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent. Exposure. You understand and acknowledge that when accessing and using the Website: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein. Spam. You agree not to, and will not, use the communications systems provided by the Website to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications

14. General
Borderfree's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder. This Agreement states the entire agreement between you and Borderfree. If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby. You and Borderfree agree that it is our mutual intent that this Agreement, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law. You and Borderfree are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and us. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of us. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification to you. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable local laws. The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of New York without regard to its conflict of laws principles, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New York, provided that we may seek injunctive relief in any court of competent jurisdiction. In addition, you hereby agree to submit to the exclusive personal jurisdiction and venue of such courts. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. We reserve the right to make changes to the Website, policies, and this Agreement at any time.

* * * * * * * * * * * * * *

If you don't agree to the terms contained in this Agreement, please exit the Website now.



Last updated: August 14, 2022