This Terms and Conditions of Use Agreement ("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").
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.
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.
When you visit the Website or send e-mails to us, you are communicating with us electronically. 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.
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, and/or services featured or mentioned on or through the Website. 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.
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 with or without notice.
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.
You agree to indemnify and hold harmless Borderfree its subsidiaries and affiliates and their respective officers, employees and agents from any and all third party claims or demands including reasonable attorney's fees arising out of your use of the Website, your breach of this Agreement or your infringement of any intellectual property rights.
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. 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. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BORDERFREE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE EVEN IF BORDERFREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BORDERFREE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE WHETHER IN CONTRACT TORT OR OTHERWISE EXCEED ONE DOLLAR ($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.
Trademarks, Copyrights and Other Rights
The trademarks, service marks, logos and trade dress of Borderfree used on this Website are the intellectual property of Borderfree and its affiliates and subsidiaries in the United States and throughout the world (collectively "Marks"). 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).
The images, text, organization and layout (collectively "Materials") of this Website are the exclusive property of Borderfree and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions Borderfree does not authorize any downloading distribution or republication of any Materials on this Website without prior written permission. Any third party copyrighted material appearing on the Website is used under applicable law or with the owner's permission. The software and compilation of all content on this site is the exclusive property of Borderfree and is protected by U.S. and international copyright laws. Borderfree will enforce its intellectual property rights to the fullest extent permitted under the law.
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.
You can contact Borderfree (for questions, comments, praise, complaints, etc.) at email@example.com, 212-299-3555, 292 Madison Avenue, 5th Floor, New York, NY 10017 or by facsimile at 212-504-8033.
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.
Choice of Law and Jurisdiction
Borderfree makes no representation that materials on the Website are appropriate, available or legal in any particular location. 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. In addition, you hereby agree to submit to the exclusive personal jurisdiction and venue of such courts.
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: July 29, 2016