Last updated: Jan 17th, 2023
for information on how ShipHype collects, uses and discloses personally identifiable information from its users on the Site.
The term “you” (“your”, “yourself”, “User”) refers to the person accessing or using the Site or our Service, or the company or organization on whose behalf that person accesses the Site or our Services.
While we always like to be available for you, the Internet is inherently unreliable so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. ShipHype also needs time to update the Site, and while ShipHype tries to do this during slow periods, ShipHype cannot always wait or schedule downtime that way. These basic terms apply to your use of ShipHype. ShipHype will terminate your account if you violate any of these terms:
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside to use ShipHype.
- You must be a human. ShipHype does not permit accounts registered by automated methods.
- You are responsible for all content you post.
ShipHype, the ShipHype logos and any other product or service name or slogan contained in the Site or the Site Materials are trademarks of ShipHype, or its suppliers or licensors, and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of ShipHype or the applicable trademark holder.
You may not use any meta-tags or any other "hidden text" utilizing "ShipHype" or any other name, trademark or product or service name of ShipHype without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service ShipHype, trademark and/or trade dress of ShipHype and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of ShipHype.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ShipHype.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray ShipHype or any of its associates or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use any ShipHype logo or other proprietary graphic of ShipHype to link to this Site without the express written permission by ShipHype.
Further, you may not use, frame or utilize framing techniques to enclose any ShipHype trademark, logo or other proprietary information, including, without limitation, the Site materials, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without ShipHype's express written consent.
Except as noted above, you have no right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ShipHype or any third party.
Third Party Sites
ShipHype makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under the control of ShipHype and ShipHype is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
ShipHype provides these links to you only as a convenience, and the inclusion of any link does not imply control, endorsement or adoption by ShipHype of any site or any information contained therein.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from ShipHype.
Third Party Content
ShipHype may provide third party content on the Site and may provide links to Web pages and content of third parties including but not limited to merchants and suppliers (collectively the "Third Party Content"). ShipHype does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation, any representation or warranty regarding the accuracy or completeness of any Third Party Content. You acknowledge and agree that ShipHype is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
ShipHype may run advertisements and promotions from third parties, including but not limited to merchants and suppliers, on the Site or may otherwise provide information about or links to third-party products or services on the Site including but not limited to merchants and suppliers. Your purchases from or correspondence with, or participation in promotions of, such third parties, including but not limited to merchants and suppliers, and any terms, conditions, warranties or representations associated with such purchases, correspondence, participation or other dealings, are solely between you and such third party, including but not limited to merchants and suppliers.
ShipHype is not responsible or liable for any loss or damage of any sort incurred as the result of any such purchases, correspondence, participation or other dealings or as the result of the presence of such non-ShipHype advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, ShipHype or ShipHype' products or services that are provided by you in the form of email or other submissions to ShipHype, or any postings on the Site ("Feedback"), are non-confidential and shall become the sole property of ShipHype. You hereby assign unconditionally and irrevocably that ShipHype shall own exclusive rights in and to all Feedback, including all intellectual property rights arising now and in the future anywhere in the world therein, and shall be entitled to the unrestricted use, dissemination and commercial exploitation of Feedback for any purpose, commercial or otherwise, without further acknowledgment, permission or compensation to you. As between you and ShipHype, including ShipHype' subsidiaries or affiliates, you hereby irrevocably waive any moral rights you might otherwise have or retain in any Feedback arising now and in the future anywhere in the world.
User Content and Interactive Services or Areas
The Site may include interactive areas or services ("Interactive Areas"), such as forums, chat rooms or message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law, including, without limitation, any securities laws or regulations or any rules of a securities exchange; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have all the rights necessary to distribute and reproduce such User Content; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of ShipHype, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose ShipHype or its users to any harm or liability of any type, or creates or imposes an inappropriate load on the systems of the Site or ShipHype. ShipHype takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party on, in or to the Site, or for any loss or damage arising therefrom, nor is ShipHype liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK.
Ownership – Copyright
Unless otherwise indicated on the Site, the Site, Service and all content and other materials on the Site, including, without limitation, all ShipHype names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of ShipHype or its licensors and are protected by Canadian, U.S. and international copyright laws.
- rent, lease, licence, resell or use for any commercial purpose the Site or any of the Site Materials;
- collect or use any product or service listings, pictures or descriptions;
- distribute, publicly
- perform or publicly display any Site Materials;
- modify, reverse engineer, decompile or otherwise make any derivative uses of the Site or the Site Materials, or any portion thereof for any reason whatsoever, including for the purpose of creating competitive products or services;
- use any data mining, scraping, crawlers, robots or similar data gathering or extraction methods;
- use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Service or any other services, system resources, accounts, servers, networks, affiliated or linked web sites connected to or accessible through the Service (including without limitation uploading, posting or otherwise transmitting on the Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Service’s infrastructure);
- download (other than the page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Service or the Content in whole or in part;
- use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of ShipHype, is strictly prohibited and will terminate the licence granted herein and your right to use the Site or receive any payment from ShipHype, including any amounts accrued to you prior to termination.
- use the Service for commercial purposes or activities other than the shipping of goods, including without limitation, spam, chain letters, pyramid schemes or any other form of solicitation;
- interfere with any other persons’ use and enjoyment of the Service or of the Internet generally; or
- use the Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined above) or our affiliates or associates.
Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
If you believe that any Site Materials or other content on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Mary Wilson
Full Address of Designated Agent to Which Notification Should be Sent: 1511 Sandy Beach Rd. Pickering, ON, Canada L1W 1Z5
Telephone Number of Designated Agent: 1-844-842-8777
Facsimile Number of Designated Agent: 905-837-0069
E-Mail Address of Designated Agent: Please use our Contact Form.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and lawyers' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “ShipHype”, www.ShipHype.com, “ShipHype It” and “ShipHype Express” constitute trade-marks, trade names, trade dress and associated products and services of ShipHype or its affiliates (the “Marks”) or constitute trade marks, trade names, trade dress and associated products and services of ShipHype suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of ShipHype or such third party, as applicable, is strictly prohibited.
The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHIPHYPE.COM, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIPHYPE DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. SHIPHYPE DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, SHIPHYPE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SHIPHYPE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
YOU AGREE THAT SHIPHYPE WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SELLERS OR SUPPLIERS. For further clarity, SHIPHYPE IS NOT LIABLE FOR SHIPMENTS UPON THEIR RECEIPT BY DESIGNATED CARRIER.
SHIPHYPE DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS OR SUPPLIERS.
Limitation of Time
Applicable Law and Venue
Waiver of Jury Trial and Class Action Rights
ShipHype will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform ShipHype of a change in your email address, or if you fail to receive the notifying email for any reason.
For Residents of Quebec
Les parties déclarent par la présente qu'elles exigent que les présentes conditions d'utilisation et tous les documents connexes, qu'ils soient actuels ou futurs, soient rédigés en anglais uniquement.
Questions & Contact Information
If you have any question regarding the use of the Site or Service, please refer to our FAQs. If you need further assistance, please contact us with any questions or comments about the Site or Service through our Contact Page.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]
. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:
* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
DISPUTE RESOLUTION - ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 2850 E 29th St unit 100, Long Beach, CA 90806, USA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SHIPHYPE Fulfillment’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.