When you upload and/or download information to or from the Website, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, First Choice Shipping cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access to Your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.
It is your responsibility to ensure that no unauthorized person shall have access to your user ID and password. It is your sole responsibility to control access to and use of your user account, and promptly inform First Choice Shipping of any need to deactivate or change Your user ID and/or password. First Choice Shipping does not assume any responsibility or liability whatsoever for any content submitted to your account or any content that is used or misused whether submitted, used, or misused by you, your employees or agents, and/or other third parties. All your acts and omissions and those of unauthorized users who access the Website via your user ID and password shall be deemed to be your acts and omissions.
With respect to your user ID and password, you hereby agree (i) to maintain the security of your user ID, password, and other confidential information relating to your account and/or the accounts which you have been granted access; (ii) to notify First Choice Shipping as soon as reasonably practicable of any real or suspected unauthorized use of your account; (iii) to notify First Choice Shipping when you no longer require the use of your user ID and password; and (iv) to comply with instructions provided by First Choice Shipping for using, maintaining, or correcting your account.
Information that First Choice Shipping publishes on the Website or elsewhere in promotional materials may contain references or cross references to products, programs, and services that are not announced or available in all jurisdictions. Such references do not imply that First Choice Shipping intends to announce such products, programs, or services in your jurisdiction. Please contact your First Choice Shipping customer service representative for information regarding the products, programs, and services that may be available to you.
First Choice Shipping makes no representations whatsoever about any third party controlled websites that you may access through this Website. When you access a non-First Choice Shipping website through this Website, you hereby acknowledge and understand that First Choice Shipping has no control over the content on such third party website(s). A link to a non-First Choice Shipping website accessible from this Website does not mean that First Choice Shipping endorses or accepts any responsibility for the content, use, accuracy, safety, security or privacy of such website. You hereby agree to take precautions to ensure that any content accessed by you is free of viruses, worms, Trojan horses and other items of a destructive nature.
FIRST CHOICE SHIPPING DOES NOT WARRANT THAT THE WEBSITE IS ERROR-FREE OR THAT THE SERVICES MENTIONED ON THE WEBSITE WILL BE PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU. MATERIALS FOUND WITHIN THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRST CHOICE SHIPPING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE REFERENCED LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
First Choice Shipping WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT FIRST CHOICE SHIPPING SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF FIRST CHOICE SHIPPING IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEBSITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THEN THE ABOVE REFERENCED LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
First Choice Shipping makes no warranties, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any content posted on this Website. Any reference that First Choice Shipping may make to any specific commercial products, process, or service by trade name, trademark manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by First Choice Shipping. YOU AGREE THAT FIRST CHOICE SHIPPING, AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM THE USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES. IN SUCH JURISDICTIONS, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.