Terms of Use and Privacy Policy
Privacy Policy
Introduction
Maxton Shipping Inc. DBA Skypace ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.skypace.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information including compliance with the GDPR (European Union residents) and CCPA (California residents).
This policy applies to information we collect:
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On this Website.
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In email, text, and other electronic messages between you and this Website.
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Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
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When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
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Us offline or through any other means, including on any other website operated by Company or any third party; or
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Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
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Personal Information. This may include your internet protocol address (IP address), name, address, email address and phone number (the “Personal Information”);
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Financial information. This may include your bank account number, payment status, and invoices;
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Identification information. This may include your driver’s license number. If you don’t have a driver’s license, another identification method may be used that ensures us that we can identify you, but is the least privacy invasive as possible;
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Account information. This may include log-in details, including your email address, and other information provided through your account;User and preference information. This includes – as applicable – shipping amounts, complaints, history of purchases and related commercial activities, communication, survey information, and shopping preferences;
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Organization Registration Information: In order to create an Organizations profile for your Company with information such as company name, government identification number, tax ID, address, phone, etc
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Shipment information. This may include all information which allows us to provide logistical services through our application. This includes: shipment contact information, business contact information, financial information, contact information for your business partners or other people you would like us to contact or participate in logistic services.
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Automatically generated information. This will include IP address, unique device or user ID, system and browser type, date and time stamps, referring website address, content and pages you accessed on our Websites or mobile apps, dates, times and locations actions take place, websites you visit (if you connect to our in-store wireless services), click-stream information and device location (if you turn on the feature in the mobile app).
Information You Provide to Us
The information we collect on or through our Website may include:
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Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or subscribing to our service. We may also ask you for information when you report a problem with our Website.
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Records and copies of your correspondence (including email addresses), if you contact us.
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Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
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Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
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Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
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Estimate our audience size and usage patterns.
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Store information about your preferences, allowing us to customize our Website according to your individual interests.
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Speed up your searches.
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Recognize you when you return to our Website.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at:
California residents under 18 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see Your California Privacy Rights for more information.
Purpose of collecting
Personal Information shall be collected, used, stored or otherwise processed when necessary within the framework of responsible, efficient and effective business management of us.
In general, we process your Personal Information based on one of the following legal grounds:
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The processing is necessary to perform an agreement between you and us,
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The processing is necessary for us to comply with our legal obligations,
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The processing is necessary to protect your vital interests or those of other individuals,
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The processing is necessary for the legitimate our interests, except where such interests are overridden by your interests or fundamental rights and freedoms, or
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Where appropriate and required, we will ask for your consent.
The technologies we use for this automatic data collection may include:
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Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
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Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information:
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To present our Website and its contents to you.
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To provide you with information, products, or services that you request from us.
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To fulfill any other purpose for which you provide it.
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To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
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To notify you about changes to our Website or any products or services we offer or provide though it.
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To allow you to participate in interactive features on our Website.
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In any other way we may describe when you provide the information.
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For any other purpose with your consent.
How long will we process your Personal Information
We will retain your Personal Information no longer than necessary for the purpose(s) for which we process your Personal Information. After the retention period we will delete or anonymize your Personal Information, unless we need to retain certain of your Personal Information for another purpose. We will only do so if we have a legal ground to retain your Personal Information. We will also ensure that Personal Information are only accessible for that other purpose.
Individual participation
To the extent required by local law, individuals have a right to access their Personal Information and, where appropriate, to correct or delete it and exercise any other right provided by local law.
Transparency
Individuals must be notified at the time of collection how their Personal Information is being used or processed. They must be aware of who is collecting the Personal Information, the purpose for the processing of the Personal Information and if third parties will process the Personal Information, that adequate safeguards are in place.
Disclosure of Your Information
Due to the nature of our business and the services we provide to our clients, we may need to transfer your Personal Information to locations outside the country where you reside. In any case where we transfer Personal Information, we shall ensure that such a transfer is subject to appropriate safeguards.
We may disclose Personal Information that we collect or you provide as described in this privacy policy:
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To our subsidiaries and affiliates.
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To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
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To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Maxton Shipping Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Maxton Shipping Inc. about our Website users is among the assets transferred.
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To fulfill the purpose for which you provide it.
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For any other purpose disclosed by us when you provide the information.
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With your consent.
We may also disclose your Personal Information:
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To comply with any court order, law, or legal process, including to respond to any government or regulatory request and other agreements, including for billing and collection purposes.
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If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Maxton Shipping Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
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Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by sending the email to legal@skypace.com or at any other time by sending us an email stating your request to legal@skypace.com . If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
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Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt out by sending the email to legal@skypace.com or at any other time by sending us an email stating your request to legal@skypace.com . For this opt-out to function, you must have your browser set to accept all browser cookies.
California residents may have additional Personal Information rights and choices. Please see Your California Privacy Rights for more information.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit the CCPA privacy notice for California Residents.
California's "shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@skypace.com or write us at: 7915 FM 1960 RD. STE 224, Houston, TX 77070.
Your European Privacy Rights
If you are a European Union resident, General Data Protection Regulation (EU GDPR) may provide you with additional rights regarding our use of your Personal Information.
EU GDPR permits users of our Website that are EU residents to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. To make such a request, please send an email to legal@skypace.com.
Data Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' Personal Information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Rights you can exercise in relation to the Personal Information
Based on the law applicable to the use of your Personal Information, you may have rights that you can exercise in relation to your Personal Information. Note that in some cases we are not required to completely comply with your request, as such rights may be conditional or because we have to balance your rights against our rights and obligations to process your Personal Information and to protect the rights and freedoms of others. A number of the rights you have in relation to your Personal Information, as applicable in the European Economic Area, the State of California, or other US or international geographic jurisdictions, are explained below:
Right of access
You may be entitled to a copy of the Personal Information we hold about you and to learn details about how we use it. Your Personal Information will usually be provided to you digitally. We may require you to prove your identity before providing the requested information.
Right to rectification
We take reasonable steps to ensure that the information we hold about you is accurate and complete. However, if you believe this is not the case, you may have the right to request that any incomplete or inaccurate Personal Information that we process about you is amended.
Right to erasure
You may have the right to ask us to erase your Personal Information, for example where the Personal Information we collected is no longer necessary for the original purpose, where Personal Information has become obsolete or where you withdraw your consent (if we are processing your Personal Information based on consent). However, this will need to be balanced against other factors. For example, we may not be able comply with your request due to certain legal or regulatory obligations.
Right to restriction of processing
You may be entitled to ask us to (temporarily) stop using your Personal Information, for example where you think that the Personal Information we hold about you may be inaccurate or where you think that we no longer need to use your Personal Information.
Right to data portability
You may have the right to ask that we transfer Personal Information that you have provided to us to a third party of your choice. This right can only be exercised when you have provided the Personal Information to us, and when we are processing that data by automated means on the basis of your consent or in order to perform our obligations under a contract with you.
Right to object
You may have the right to object to processing which is based on our legitimate interests. In case of the processing of Personal Information for marketing purposes, you have the right to object at any time. When you ask us to stop using your Personal Information for marketing purposes, we will immediately cease to use your Personal Information. For other purposes based on our legitimate interests, we will no longer process the Personal Information on that basis when you file an objection based on your grounds relating to your particular situation, unless we have a compelling legitimate ground for the processing. Note, however, that we may not be able to provide certain services or benefits if we are unable to process the necessary Personal Information for that purpose.
Rights relating to automated decision-making
You may have the right not to be subjected to automated decision-making, including profiling, which produces legal effect for you or has a similar significant effect. If you believe you have been subject to an automated decision and do not agree with the outcome, you can contact us using the details below and ask us to review the decision.
Right to withdraw consent
We may ask for your consent to process your Personal Information in specific cases. When we do this, you have the right to withdraw your consent at any time. We will stop the further processing as soon as possible after the withdrawal of your consent. However, this does not affect the lawfulness of the processing before consent was withdrawn. Click here for requests about your Personal Information. If you would like to request this information by phone, you may call + 832-476-8900 or contact us using the contact details above.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
Maxton Shipping Inc. DBA Skypace
7915 FM 1960 RD. STE 224, Houston, TX 77070
Email: legal@skypace.com
Terms of use
1. Terms
1.1. These terms of use are entered into by and between you (the "User" or “Authorized User”) and Maxton Shipping, Inc. dba Skypace (the "Company," "we," or "us"). The following terms and conditions, together with any documents incorporated here by reference (collectively, "Terms of Use"), govern your access to and use of the Platform located at https://www.skypace.com/ (the "Platform"), including any content, functionality, and services offered on or through the Platform.
1.2. Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, Terms of Service (as defined below), Privacy Policy (as defined below), incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Platform.
1.3. Company shall provide access to the Platform that facilitates the freight forwarding services provided to the User, including but not limited to, the arrangement and management of transportation, logistics support, cargo handling, and associated administrative tasks. The Platform is owned by Freightune LLC, a Texas limited liability company. Our Platform facilitates these services by providing a user-interface and functionality for booking, tracking, managing freight operations, payments, and intercommunication with the Company and other users of the Platform affiliated with the User’s account. We ensure adherence to industry standards and compliance with relevant regulations in executing all freight forwarding activities.
1.4. The services are accessible through various avenues in the internet, Electronic Data Interchange, Application Programming Interface integrated with third-party service providers, and data providers, including document transformation, and other specialized software tools that facilitate the freight forwarding services provided to the User.
2. Changes to the Terms of Use
2.1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Arbitration (see below) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.
2.2. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Access to the Platform. To create of User’s account on the Platform (the “Account”), User shall enter on the Platform email address, first name, and last name of User’s authorized representative requesting an Account. For the purpose of these Terms of Use Account shall mean secure location on a Platform established by Provider that requires Use and its Authorized Users to enter a password to access the information and Services provided by Company.
3.1. Within seventy two (72) hours from the receipt of information on the Platform, Company shall dispatch an electronic confirmation link to the User’s email address (the "Link").
3.2. Activation of the Link by the User shall constitute successful registration of the Account
3.3. User shall choose a secure password after the successful registration of its Account. User undertakes to keep secret its password and any other details relating to the use of the Platform in order to carefully secure access to its Account.
4. Information and Documents Required for Verification
4.1. Upon activation of the Link, User shall add information about the organization requesting Services and attach the supporting documents by filling out the form with the following information:
4.1.1. Organization’s name;
4.1.2. Industry;
4.1.3. Line of business: Freight Forwarder (FF), Beneficial Cargo Owner (BCO), NVOCC;
4.1.4. Address;
4.1.5. Phone;
4.1.6. Organization’s email address;
4.1.7. Tax ID;
4.1.8. REG number;
4.1.9. Membership in freight forwarders networks;
and attach the following documents:
4.1.10. Business License
4.1.11. Tax Registration
4.1.12. Confirmation of organization’s identity (i.e. utility bill, business card); and
4.1.13. Any other documentation that User believes expedites the process of verification.
5. Know Your Customer (“KYC”) and Account Activation
5.1. Company conducts verification of Users in accordance with KYC process established in the Company within three (3) Business Days from the day of submission of the necessary information and accompanying documentation listed above. Be advised that the KYC verification may be undertaken by a third-party service provider. For detailed insights into the handling, usage, and transfer of data collected during the Account registration, parties are directed to consult our privacy policy which is available on our website at https://www.skypace.com/ (the “Privacy Policy”). “Business Day” means any day other than a Saturday, a Sunday or any other day on which banks in San Francisco, California may, or required to, remain closed.
5.2. Following the conclusion of the verification process, User will be informed of the verification outcome and the status of their Account through a confirmation email.
5.3. Upon Account verification and activation User’s Account administrator may authorize creation of the sub-accounts (the “Sub-Accounts”) for its contractors, employees, and agents (the “Authorized Users”).
6. Accessing the Platform and Account Security
6.1. We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
6.2. You agree to: (a) provide true, accurate, current and complete information about You when registering for an Account; (b) maintain and promptly update your Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.
6.3. You represent and warrant that you will: (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Platform; (c) be responsible for all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use as defined in Section 17 and taking steps to prevent its further occurrence by changing your password; (d) comply with these Terms of Use; and (e) comply with all applicable U.S. and international laws as applicable, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Platform and Services. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
6.4. We reserve the right to withdraw or amend any rights of the User by the means of revision of these Terms of Use.
6.5. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy at https://www.skypace.com/ , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
7. Prohibited Use
7.1. User shall be prohibited from using mechanisms, software or other scripts in conjunction with the use of the Platform that may negatively impact or disrupt the functions of the Platform.
7.2. User shall be prohibited from taking measures that may result in an unreasonable or excessive load on the Platform, or on the technical infrastructure associated with it.
7.3. User shall be prohibited from blocking the content generated by the Platform, overwriting it, modifying it or tampering with it in any other way which may have an adverse effect on the content or functions of the Platform.
7.4. Except as permitted under these Terms of Use, the content stored on the Platform may not be copied, in particular:
7.4.1. User shall not engage in unauthorized copying, reproduction, distribution, or modification of any content stored on the Platform, unless explicitly allowed by the Terms of Use or with prior written consent from the Company. Any such unauthorized actions constitute a breach of these Terms of Use.
7.4.2. User is expressly prohibited from utilizing the Company's intellectual property or content for commercial purposes without obtaining explicit written permission. This includes, but is not limited to, selling, sublicensing, or exploiting the content for monetary gain.
7.4.3. User agrees to take reasonable measures to prevent unauthorized access to the Company's intellectual property. This includes safeguarding Account credentials, refraining from accessing restricted areas of the Platform, and abstaining from attempting to bypass security measures.
8. Intellectual Property Rights
8.1. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for the intended use, solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use, all applicable intellectual property laws.
8.3. You must not use Company’s intellectual property without the prior written permission of the Company.
9. User Contributions
9.1. The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, and other interactive features (collectively, "Interactive Services") that allow You to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Platform.
9.2. All User Contributions must comply with these Terms of Use.
9.3. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
9.4. You represent and warrant that:
9.4.1. You own or control all rights in and to the User Contributions and grant the license to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
9.4.2. All of your User Contributions do and will comply with these Terms of Use.
9.4.3. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
9.4.4. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
10. Monitoring and Enforcement; Termination. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
11. Disclaimer of Warranties
11.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
11.2. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
11.3. Company makes every effort to ensure the accuracy and timeliness of information provided in its Booking Services. However, users should be aware that dates and requirements stated within these services may contain inaccuracies or not reflect the most current information. These inaccuracies may result from information provided by carriers, third parties, or other external sources involved in our service. Company expressly disclaims any liability for errors, inaccuracies, or omissions in such information. Users are responsible for independently verifying all relevant details, particularly those related to dates and service requirements, with respective carriers or third-party providers. By utilizing our services, users acknowledge and accept that any reliance on the accuracy of such information is at their own risk and that Company shall not be held liable for any inaccuracies therein.
11.4. You understand that any service offered by Company is subject to the successful completion of prior verification procedures by You. All quotes regarding freight are valid for 30 days unless specifically specified otherwise herein. All charges, fees, commissions and tolls are subject to change.
11.5. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
11.6. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation on Liability
12.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
12.2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification. User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to User’s and its Authorized Users violation of these Terms of Use or their use of the Platform, including, but not limited to any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
14. Arbitration
14.1. If You are located in the United States, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively by the American Arbitration Association (or any like organization successor thereto) in the courts of the city of San Francisco, California, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to these Terms of Use hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration.
14.2. If You are located in any European country, including the EU, EEA, and United Kingdom, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively by the London Court of International Arbitration (the “LCIA Rules”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English.
14.3. If You are located in any of the country of Asia, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively by the Hong Kong International Arbitration Center (the “HKIAC”) in accordance with the Hong Kong Arbitration Ordinance for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be in the City of Hong Kong. The number of arbitrators shall be one. The language of the arbitration shall be English.
15. Waiver and Severability
15.1. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
15.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
16. Entire Agreement. These Terms of Use, Terms of Service, and Privacy Policy, constitute the sole and entire agreement between You and Us regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
17. Notices. For purposes of these Terms of Use, notices and all other communications provided for in these Terms of Use shall be deliver to the Company in writing and shall be deemed to have been duly given (a) on the date of delivery, if delivered by hand, (b) on the date of transmission, if delivered by confirmed facsimile or electronic mail, provided that if User’s email includes information about the violation of the Sections 6 and 8 of these Terms of Use, on the date of receipt of confirmatory electronic mail from the Company (c) on the first business day following the date of deposit, if delivered by guaranteed overnight delivery service, or (d) on the fourth business day following the date delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed, sent at the address (or to the facsimile number) shown in the books and records of the Company, and if to the Company at its principal executive office, or to such other address as either party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.
18. Your Comments and Concerns
18.1. This Platform is operated by Maxton Shipping Inc., a California corporation, located at 3555 Cincinnati Ave., Rocklin, CA, 95765.
18.2. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: legal@skypace.com .