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Privacy Policy & Terms

Last updated: Feb 15, 2020

Privacy Policy

ShipSwim LLC. (d/b/a ShipSWIM) (“ShipSWIM”, “we”, “our” or “us”) offers a software platform and suite of services intended to help our Customers run their businesses more efficiently and effectively. We collect data about these businesses and their customers and end users (“Data”) when they use the platform, the services, and our websites. This privacy policy (the “Privacy Policy”) describes how we collect, use and disclose Data.

Applicability of this Privacy Policy

This Privacy Policy applies to ShipSWIM’s online service tools and platform, including, without limitation, the associated ShipSWIM mobile and desktop applications (collectively, the “Services”), ShipSWIM.com and other ShipSWIM websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, etc.) you may have with ShipSWIM. If you disagree with the practices or terms described in this policy, you should (a) take the necessary steps to remove cookies from your computer after leaving our website, and (b) discontinue your use of or access to our Services, Websites, or any other aspect of ShipSWIM’s business.

This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the ShipSWIM platform (“Third Party Services”), or any other third-party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization that entered into the Customer Agreement (“Customer”) controls its instance of the Services and any associated Customer Data. If you have any questions about specific Customer settings and privacy practices, please contact the Customer whose workspace you use.

Applicable Law

We comply with relevant privacy laws, including the European Union’s General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”).

Types and Categories of Collected Data
  1. Personal Data. Data that identifies, or that could reasonably be used to identify, an End User as an individual, or our Customer as an individual, is considered “Personal Data”. We collect Personal Data when an End User registers for an ShipSWIM account, and when a Customer sends us Customer Data. The Personal Data we collect includes contact details such as name, email address, phone number, and address. We only collect Personal Data that is relevant to providing and improving our Services for our Customers and End Users.
  2. Other Data. Data other than Personal Data is considered “Other Data”. Other Data includes, for example, collecting files that record interaction with the Service (System Logs) or other Personal Data (such as IP Address) for operation and maintenance purposes. ShipSWIM collects, generates and/or receives Other Data through a variety of sources, including when submitted to our Websites, participation in a focus group, contest, activity or event, applications for employment, request support, interactions with our social media accounts or otherwise communicate with ShipSWIM. One particular source for Other Data is Cookies and similar technologies that record Data about the use of our Websites, and the use of our Services generally. Other Data that we may collect includes browser and device data, transaction data, Cookie and tracking technology data, and authorized third-party account data.
  3. Third-Party Data. ShipSWIM may receive data about organizations, industries, lists of companies that are customers, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners, or others that we use to make our own information better or more useful. This Data may be combined with Other Data we collect and might include aggregate-level data, such as cities, zip codes or countries.

Certain Data is collected automatically and, if some Data is not provided, we may be unable to provide the Services.

How We Use and Process Collected Data

We use and process Data to provide our Services, in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. We take reasonable steps to ensure that the Data is (i) needed for ShipSWIM’s Services, and (ii) accurate, complete, and current.

Specifically, ShipSWIM uses and processes collected Data in the following ways:

  • Personal Data. We use Personal Data to provide the Services, contact the End User and Customer in the ordinary course of business, authenticate the End User and Customer, handle payments, respond to inquiries, send service notices, and provide customer support. ShipSWIM will share and disclose Personal Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process. NOTE: WE DO NOT SELL PERSONAL DATA TO THIRD PARTIES UNDER ANY CIRCUMSTANCES.
  • Other Data. We may use Other Data for a range of different purposes, provided we comply with applicable law and our contractual commitments.
  • To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Data to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an authorized Customer’s request.
  • As required by applicable law, legal process or regulation.
  • To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Data to respond.
  • To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. When ShipSWIM collects information through its marketing activities (including website and conference visitors, webinar subscribers and newsletter recipients), we act as a “Data Controller” as defined under GDPR—relying upon GDPR Sections 6(1)(a), (b), (c) and (f) for the lawful right to process your data—and as a “Business” as defined under CCPA.
  • For billing, account management and other administrative matters. ShipSWIM may need to contact you for invoicing, account management and other similar reasons, and we use account data to administer accounts and keep track of billing and payments.
  • To investigate and help prevent security issues and abuse.

If Data is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person, ShipSWIM may use it for any business purpose, in accordance with applicable law.

How We Share and Disclose Information

This section describes how ShipSWIM may share and disclose Data.

  1. Data Processor. Generally, where ShipSWIM provides services to a Customer, the Customer acts as the Data Controller and processes the Data of End Users, including Other Data. Where the Customer is the Data Controller, the Customer represents and warrants that it shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. ShipSWIM acts as the Data Processor on behalf of its Customers. When acting as a Data Processor, we use the following subprocessors: Amazon Web Services and Voonami. We require, by contract, that these subprocessors adhere to standards substantially similar, and at least as protective, to those set forth herein and provide the same level of protection as required by the Privacy Shield Principles.

  2. Non-Discrimination. ShipSWIM does not differentiate or discriminate between how it treats its End Users, whether or not they exercise their rights under the CCPA. This means we do not charge different prices or rates for goods or services, including through the use of discounts or other benefits, imposing of penalties, or providing a different level or quality of goods or services to you, based upon your exercise of rights under the CCPA.


  3. Third Party Service Providers and Partners. We may engage third-party companies or individuals as service providers or business partners to process Other Data and support our business.

  4. Corporate Affiliates. ShipSWIM may share Other Data with its corporate affiliates, parents and/or subsidiaries.

    • A Change to ShipSWIM’s Business. If ShipSWIM engages in a merger, acquisition, change of control (whether by operation of law or otherwise), bankruptcy, dissolution, reorganization, sale of some or all of ShipSWIM’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all Personal Data or Other Data may be shared or transferred as assets, subject to standard confidentiality arrangements. You acknowledge that such transfers may occur, and that any acquirer or successor of ShipSWIM may continue to use your information as set forth in this policy without additional consent from you, provided such entity agrees to the provisions of this policy.

    • Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Data for any purpose. For example, we may share aggregated or de-identified Data with prospects or partners for business or research purposes, such as telling a prospective ShipSWIM customer the average amount of time to ship goods using a particular carrier from one zip code to another.

    • To Comply with Applicable Laws, Regulations, or Legal Processes. We may need to disclose Personal Data or Other Data in response to lawful requests by public authorities, where we reasonably believe (i) there are legitimate law enforcement or national security reasons, (ii) such action is necessary to comply with a judicial proceeding or court order, and/or (iii) such action is otherwise required by applicable law

    • To Enforce Our Rights, Prevent Fraud, and For Safety. We may need to protect and defend the rights, property, or safety of ShipSWIM or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

    • With Consent. ShipSWIM may share Personal Data or Other Data with third parties when we have consent to do so.

Age Limitations

We do not collect data from individuals under the age of eighteen (18) years old. If you are a parent or guardian and believe ShipSWIM has collected information from anyone younger than eighteen (18) years old, please contact us at so that we may verify and subsequently take steps to delete any such information.

Place of Processing

The Data is processed by ShipSWIM in the United States.

Data Retention Time

The Data is kept by ShipSWIM for the longer of the time necessary to provide the service requested by the Customer, as stated by the purposes outlined in this document, and the time required by ShipSWIM's contractual obligations with the United States Post Office.


ShipSWIM will also strictly adhere to Amazon Data Protection Policy guidelines and requirements. After 30 days we will obfuscate any personally identifiable information on orders that originated from an Amazon MWS account as required by the amazon data protection policy. We will replace all PII including street address, name, phone number and email where applicable to any orders originating from the Amazon Marketplace.

Data Security

We use reasonable, proportionate, and appropriate physical, electronic, and administrative safeguards designed to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data and the risks involved in processing that information. ShipSWIM provides periodic training for its employees involved in the collection, protection and dissemination of Data in accordance with applicable law.

The Rights of End Users

End Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, deleted, updated or corrected. For Customers, you can send a request for data to be supplemented, deleted, updated or corrected from the email account on record with ShipSWIM. In addition, you may send such requests by post to the physical address listed below.

To opt out of our marketing activities, please send an email to privacy@ShipSWIM.com.

ShipSWIM does not support “do not track” requests.

To understand if any of the third-party services it uses honor the “do not track” requests, please read their privacy policies.

Recourse, Enforcement and Dispute Resolution

If you have any questions or concerns, please write to us at the address listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the Privacy Shield Principles.

ShipSWIM’s internal policies and procedures provide for disciplinary action if our employees fail to follow this Privacy Policy. We periodically self-assess and review these internal policies and procedures to ensure compliance with applicable law.

Changes

ShipSWIM reserves the right to change, update, modify, alter or amend this Privacy Policy from time to time by giving notice to its Customers and End Users on this page. It is strongly recommended to check this page often to stay informed, referring to the date of the last update listed at the top. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account and/or contact the Customer if you wish to request the removal of Personal Data under their control.

Data Protection Officer

To communicate with our Data Protection Officer, please email .

Contact Information

Please feel free to contact ShipSWIM if you have any questions about this Privacy Policy or ShipSWIM’s practices, or if you are seeking to exercise any of your statutory rights. ShipSWIM will respond within the timeframe as required by applicable law. You may contact us at privacy@ShipSWIM.com or at our mailing address below:

ShipSwim LLC
1163 E 50 S
Logan, UT 84321

Terms of Service – Cloud Software

ShipSWIM's service enables warehousing and ecommerce companies to integrate shipping capabilities into their business. ShipSWIM provides its services subject to the terms and conditions contained in these Terms of Service (this "Agreement"). By signing up for the service via https://signup.shipswim.com or other mechanism provided you accept the terms of this Agreement.

Please review the terms of this Agreement carefully. Once accepted, this Agreement becomes a binding legal commitment. If you have any questions, you can reach the ShipSWIM team at support@ShipSWIM.com.

Cancellation

Feel free to cancel your account at anytime. There are no long term obligations and you will only be charged for the services you have used. You have 3 business days to refund a billing issue as part of your cancellation process.

USPS Postage

By creating USPS labels, you agree (1) that you bear full responsibility and liability for obtaining authorization to reproduce and otherwise use the matter as proposed (including, without limitation, any trademarks, slogans, likenesses or copyrighted material contained in the image); (2) that you in fact have the legal authority to reproduce and otherwise use the matter as proposed; (3) that you understand that images or other matter is not provided, approved, or endorsed in any way by the United States Postal Service; and (4) to the United States Postal Service Postage Discrepancy Policy.

1. Definitions

means the individual accepting the terms of this Agreement or the entity such individual represents, as applicable.

Customer Application" means a software application that interfaces with the ShipSWIM Services and include any services (web-based or other services) made available by Customer through that application.

Customer Data" means data and other information made available to ShipSWIM through the use of the ShipSWIM Services under this Agreement.

means all of the instructions, code samples, on-line help files and technical documentation made available by ShipSWIM for the ShipSWIM Services.

End User" means an end user of a Customer Application.

Rate Schedule" means the schedule of fees located at www.ShipSWIM.com/pricing, as such may be updated from time to time. These fees are in addition to the postage required to ship a package.

ShipSWIM Software" means an application programming interface for the ShipSWIM Services (or feature of the ShipSWIM Services) provided to Customer by ShipSWIM.

ShipSWIM Properties" means the ShipSWIM website, ShipSWIM Software, Documentation, and technical support made available by ShipSWIM to Customer in connection with the ShipSWIM Services.

ShipSWIM Services" means the services provided by ShipSWIM to Customer under this Agreement, including all programs, features, functions and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by ShipSWIM, including without limitation the ShipSWIM Software and any software provided to Customer in connection with its use of the ShipSWIM Services.

2.1 Use of ShipSWIM Services. Customer will be solely responsible for all use (whether or not authorized) of the ShipSWIM Services and Documentation under its account, including for the quality and integrity of Customer Data and each Customer Application. Customer will take all reasonable precautions to prevent unauthorized access to or use of the ShipSWIM Services and notify ShipSWIM promptly of any such unauthorized access or use.

2.2 Restrictions. Except as expressly provided in Section 2.1 (Provision of Services), Customer will not transfer, resell, lease, license or otherwise make available the ShipSWIM Services to third parties. In any event, Customer will not offer the ShipSWIM Services on a standalone basis. Customer will ensure that the ShipSWIM Services provided hereunder are used in accordance with all applicable laws, regulations and third party rights, as well as the terms of this Agreement, Specifically and without limitation, Customer will ensure that ShipSWIM is entitled to use the Customer Data as needed to provide the ShipSWIM Services and will not use the ShipSWIM Services in any manner that violates any data protection statute, regulation, order or similar law. Except as allowed by applicable law, with respect to any software provided to Customer hereunder, Customer will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive the source code of such software.

2.5 Changes to Service. Customer acknowledges that the features and functions of the ShipSWIM Services, may change over time. It is Customer's responsibility to ensure that calls or requests Customer makes to the ShipSWIM Services and plugins are compatible with then-current appropriate software. Although ShipSWIM endeavors to avoid changes to the ShipSWIM internal APIs or software that are not backwards compatible, if any such changes become necessary ShipSWIM will use reasonable efforts to notify Customer at least 30 days prior to implementation.

2.6. Customer agrees to ship all packages in their correct postal class and using accurate information. In the event that Company discovers that a shipment is incorrectly classified or the weight or dimensions differ, Company reserves the right to re-bill Customer for the correct transportation costs and any additional costs and surcharges associated with such shipment.

3. Fees

3.1 Fees. Customer agrees to pay the usage fees set forth in the Rate Schedule and the prices for postage rates that are returned via ShipSWIM. Because shipping rates may change day to day, the rates returned via the ShipSWIM services are the most up to date. When purchasing postage directly from ShipSWIM, Customer agrees to pay the postage rate purchased via the ShipSWIM rate system. If payment is not received within fifteen (15) days of the due date, or wire transfer or ACH payment is not received within thirty (30) days of the invoice, the ShipSWIM Service will be terminated. Fees due here under will be billed to Customer's credit card and Customer authorizes the card issuer to pay all such amounts and authorizes ShipSWIM (or its billing agent) to charge the credit card account until Customer or ShipSWIM cancels or terminates the ShipSWIM Services as set forth above; provided that if payment is not received from the credit card issuer, Customer agrees to pay all amounts due upon demand. Customer must provide current, complete and accurate billing and credit card and ACH (as applicable) information. Customer agrees to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which Customer shall be responsible to pay.

3.2 Net of Taxes. Unless otherwise stated, all applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against ShipSWIM, will be payable by Customer. Customer will not withhold any taxes from any amounts due to ShipSWIM.

3.3 Disputes. Customer will notify ShipSWIM in writing in the event Customer disputes any portion of any fees paid or payable by Customer under this Agreement. Customer will provide such notice to ShipSWIM within 30 days of the applicable charge and the parties will work together to resolve the applicable dispute promptly. Upon expiration of the 30 day period described in this Section, Customer will not be entitled to dispute any fees paid or payable by Customer.

3.4 Suspension. Customer acknowledges that, in the event Customer's usage exceeds the amounts prepaid by Customer or any other failure to pay amounts due as described in this Section 3, ShipSWIM will be entitled suspend the ShipSWIM Services associated with Customer's account without prior notice to Customer. ShipSWIM will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to any suspension of ShipSWIM Services pursuant to this Section 3.

4. Ownership And Confidentiality

4.1 Ownership Rights. As between the parties, ShipSWIM exclusively owns and reserves all right, title and interest in and to the ShipSWIM Services, ShipSWIM Properties and ShipSWIM's Confidential Information. As between the parties, Customer exclusively owns and reserves all right, title and interest in and to the Customer Data, Customer Applications and Customer's Confidential Information.

4.2 Use of Licensor Marks. Subject to the terms of this Agreement, each party (the "Licensor") grants to the other party (the "Licensee") the right to use and display Licensor's name and marks (the "Licensor Marks") on its website and in other promotional materials solely in connection with its activities under this Agreement. All such use of the Licensor Marks will be in accordance with the Licensor's usage guidelines and will inure to the benefit of Licensor. Licensee will not use, register or take other action with respect to any of the Licensor Marks, except to the extent authorized in advance writing by Licensor. In its efforts, Licensee will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. Licensee will not, at any time, misrepresent its relationship with Licensor. Licensee and will not present itself as an affiliate or other legal agent of Licensor. The license described in this Section will terminate automatically in the event of any termination of this Agreement.

4.3 Confidentiality.

(a) Definition. "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

(b) Use and Disclosure. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

4.4 Injunctive Relief. The Parties expressly acknowledge and agree that no adequate remedy exists at law for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section.

5. Disclaimer

ShipSWIM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. ShipSWIM'S SERVICES AND PROPERTIES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

6. Exclusion of Damages; Limitation Of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL ShipSWIM BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ShipSWIM HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL ShipSWIM BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE SIX MONTH PRECEDING THE INCIDENT OR CLAIM.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

7. Indemnification; Disputes

7.1 Indemnification by Customer. Customer will defend, indemnify and hold ShipSWIM harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action ("Claim") arising out of or relating to Customer's activities under this Agreement or Customer's acts or omissions in connection with the provision of the Customer Application, including without limitation, any intellectual property claims relating to the Customer Application and any violation by Customer or its End Users of the terms of Section 2.4 (Restrictions). ShipSWIM will cooperate as fully as reasonably required in the defense of any Claim, at Customer's expense. ShipSWIM reserves the right, at Customer's expense, to retain separate counsel for ShipSWIM or, if Customer has not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any matter in which Customer is a named party and that is otherwise subject to indemnification under this Section. Customer will pay all costs, reasonable attorneys' fees and any settlement amounts or damages awarded against ShipSWIM in connection with any Claim. Customer will also be liable to ShipSWIM for any costs and attorneys' fees ShipSWIM incurs to successfully establish or enforce its right to indemnification under this Section.

7.2 Governing Law. his Agreement will be governed by the laws of the State of Nevada, exclusive of its rules governing choice of law and conflict of laws. The parties agree to the sole and exclusive jurisdiction of the state and federal courts in the City and County of Las Vegas, NV.

7.3 Individual Basis Only. It is the intent of the parties to require any claims or controversies between them to be submitted on an individual basis only. CLAIMS SUBJECT TO THIS ARBITRATION PROVISION MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH ANY CLAIM OF ANY OTHER PERSON OR BE ARBITRATED ON A CLASS BASIS, IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ON BEHALF OF ANY OTHER PERSON, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING.

8. Term and Termination. The term of this Agreement will commence on the Effective Date and continue for an Initial Service Term of 30 days. This Agreement will automatically renew for additional terms unless either party provides notice of non-renewal no less than 15 days prior to the end of a renewal term. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Either party may also terminate this Agreement in the event the other party commits any material breach of this Agreement and fails to remedy such breach within 5 days after written notice of such breach. ShipSWIM may also suspend or terminate the Services immediately upon notice for cause if: (b) ShipSWIM determines, in its sole discretion, that its provision of any of the Services is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (c) subject to applicable law, upon Customer's liquidation, commencement of dissolution proceedings, cessation of business, change of control, disposal of Customer's assets, assignment for the benefit of creditors, or if Customer becomes the subject of bankruptcy or similar proceeding.

9.1 Assignment. Customer will not assign or otherwise transfer this Agreement, in whole or in part, without ShipSWIM's prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void.

9.2 Amendment; Waiver. No modification to this Agreement, nor any waiver of any rights, will be effective unless consented to in a writing signed by both parties. Any waiver of any breach or default by either party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

9.3 Relationship. Each party is an independent contractor in the performance of each and every part of this Agreement. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. Customer does not have the authority to commit ShipSWIM in any way and will not attempt to do so or imply that it has the right to do so.

9.4 Unenforceability. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect.

9.5 Notices. Any notice required or permitted to be given hereunder will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, or by overnight delivery. ShipSWIM may use Customer's current address, as provided by Customer in connection with billing and payment activities. ShipSWIM's current address may be found on its website.

9.6 Other Terms. This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by ShipSWIM, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. There will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.

9.7 Force Majeure. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's control (each, a "Force Majeure Event") if the party makes reasonable efforts to perform. Either party may terminate this Agreement on written notice to the other party if the Force Majeure Event continues more than 30 days.

9.8 Government Terms. ShipSWIM provides the ShipSWIM Services, including related software and technology, for ultimate federal government end use solely in accordance with the terms of this Agreement. If Customer (or any of its customers) is an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the ShipSWIM Services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited and no rights than those provided in this Agreement are conferred.

9.9 ShipSWIM, at its sole discretion, reserves the right to modify the terms and conditions as set forth under this Agreement at any time. In such case, ShipSWIM shall notify (via email or other written communication) Customer of an updated Agreement available for online acceptance. ShipSWIM shall provide Customer with at least seven (7) days to accept the terms of the updated agreement. After such period, the updated agreement shall govern the provision of ShipSWIM Services upon the commencement of a new month of ShipSWIM Services. Customer shall be required to accept the updated Agreement if it desires to continue to use the ShipSWIM Services.

Terms of Service – Warehouse Management

ShipSWIM’s services may also include the receipt, storage, picking, shipment, and related administrative functions, including a license to all related ShipSWIM Software and documentation (collectively, the “Service(s)”). These Services require Customer to deliver inventory to the ShipSWIM warehouses. ShipSWIM provides its services subject to the terms and conditions contained in these Terms of Service (this "Agreement"). By signing up for the service via signup.ShipSWIM.com or other mechanism provided you accept the terms of this Agreement. Please review the terms of this Agreement carefully. Once accepted, this Agreement becomes a binding legal commitment. If you have any questions, you can reach the ShipSWIM team at support@ShipSWIM.com.

The Service Fees will be set forth in your Customer Dashboard account.

TERMS AND CONDITIONS

The following terms, when used in this Agreement shall have the following meanings:

ShipSWIM Software" means either an application programming interface or cloud software for the Services (or feature of the Services) provided to Customer by ShipSWIM.

Customer Application" means a software application that interfaces with the Services using the ShipSWIM Software and includes any services (web-based or other services) made available by Customer in connection with that application.

Customer Data" means data and other information made available to ShipSWIM through the use of the Services under this Agreement.

means all of the instructions, code samples, on-line help files and technical documentation made available by ShipSWIM for the Services.

End User" means an end user of a Customer Application.

1. SERVICES; GRANT OF RIGHTS

1. Subject to the terms of this Agreement, ShipSWIM agrees to provide Customer the Services. ShipSWIM will provide adequate space within its distribution facilities (the “Facilities”) to efficiently and carefully handle Customer’s goods. ShipSWIM will provide, at its sole cost and expense, all utilities necessary to operate the Facilities and may move Customer good between Facilities in its discretion. ShipSWIM shall provide adequate security for the Facilities and contents thereof. ShipSWIM will maintain adequate insurance covering the contents of the Facilities, including Customer’s goods, against fire, theft and other casualty. ShipSWIM shall furnish all personnel, materials, equipment, supplies and other ancillary accessories necessary to perform safely and efficiently the Services; provided Customer may provide customized packing material at their cost and expense.

2. Subject to the terms of this Agreement, ShipSWIM grants Customer a non-exclusive, non-sublicensable, non-transferable, revocable right to:

(a) Use the Documentation and ShipSWIM Software as needed to develop Customer Applications;

(b) Use the Services though the ShipSWIM Application; and

(c) Offer and make the Services available to End Users through Customer Applications, in accordance with the Documentation.

3. Customer will be solely responsible for all use (whether or not authorized) of the services and Documentation under its account, including for the quality and integrity of Customer Data and each Customer Application. Customer will take all reasonable precautions to prevent unauthorized access to or use of the Services and notify ShipSWIM promptly of any such unauthorized access or use.

4. Customer acknowledges that the features and functions of the Services, including, the ShipSWIM Software, may change over time. It is Customer’s responsibility to ensure that calls or requests Customer makes to the Services are compatible with then-current ShipSWIM Software. Although ShipSWIM endeavors to avoid changes to the ShipSWIM Software that are not backwards compatible, if any such changes become necessary ShipSWIM will use reasonable efforts to notify Customer at least 60 days prior to implementation of new ShipSWIM Softwares.

5. ShipSWIM shall operate at all times as a warehouseman under the Uniform Commercial Code as adopted in the State of Nevada. Customer shall not provide goods to ShipSWIM as a named consignee.

6. Customer agrees to ship all packages in their correct postal class and using accurate information. In the event that Company discovers that a shipment is incorrectly classified or the weight or dimensions differ, Company reserves the right to re-bill Customer for the correct transportation costs and any additional costs and surcharges associated with such shipment.

2. RESTRICTIONS; RESPONSIBILITIES

1. Except as expressly provided in Section 2, Customer will not transfer, resell, lease, license or otherwise make available the Services to third parties. Further, Customer will not offer the Services on a standalone basis under any circumstance. Customer will ensure that the Services are used in accordance with all applicable laws, regulations, third party rights and ShipSWIM policies, as well as the terms of this Agreement. Customer will ensure that ShipSWIM is entitled (and hereby grants ShipSWIM the rights) to use the Customer Data as needed to provide the Services, and Customer will not use the Services in any manner that violates any data protection statute, regulation, order or any similar law. Except to the extent applicable law prohibits such restrictions, Customer will not (and will not permit any third party to), directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, Documentation or data related to the Services; or modify, translate, or create derivative works based on the Services or any software (except to the extent expressly permitted by ShipSWIM or authorized within the Services). ShipSWIM has no obligation to monitor Customer’s use of the Services, ShipSWIM may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

2. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files.

3. Customer will defend, indemnify and hold ShipSWIM harmless against any actual or threatened claim, loss, liability, action, proceeding, third-party discovery demand, governmental investigation or enforcement action ("Claim") arising out of or relating to Customer's activities under this Agreement (including any breach hereof) or Customer's acts or omissions in connection with the obligations under this Agreement.

4. All shipments will be shipped correctly within 1 business day or ShipSWIM fee will be credited to Customers Account.

3. IP RIGHTS; CONFIDENTIALITY

1. As between the parties, ShipSWIM exclusively owns and reserves all right, title and interest in and to the Services and ShipSWIM Confidential Information and all related intellectual property rights. As between the parties, Customer exclusively owns and reserves all right, title and interest in and to the Customer Data, Customer Applications and Customer Confidential Information, and all related intellectual property rights.

2. Subject to the terms of this Agreement, each party (the "Licensor") grants to the other party (the "Licensee") the right to use and display Licensor's name and marks (the "Licensor Marks") on its website and in other promotional materials solely in connection with its activities under this Agreement. All such use of the Licensor Marks will be in accordance with the Licensor's usage guidelines and will inure to the benefit of Licensor. Licensee will not use, register or take other action with respect to any of the Licensor Marks, except to the extent authorized in advance writing by Licensor. Licensee will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. Licensee will not, at any time, misrepresent its relationship with Licensor. The license described in this Section will terminate automatically in the event of any termination of this Agreement.

3. "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

4. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

5. Notwithstanding anything to the contrary, ShipSWIM shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and ShipSWIM will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other ShipSWIM offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

4. PAYMENT OF FEES

1. Customer agrees to pay all applicable Services Fees and the prices for postage rates that are returned via the ShipSWIM Software. Because shipping rates may change day to day, ShipSWIM reserves the right to change the Services Fees or applicable charges and to institute new charges and Services Fees, upon 7 days notice. When purchasing postage directly from ShipSWIM, Customer agrees to pay the postage rate purchased via the ShipSWIM Software. All Services Fees are payable in accordance with the terms and on the schedule described in the Service.

2. Unless otherwise stated in the Rate Schedule, all Services Fees are exclusive of applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against ShipSWIM, and all such taxes, fees and charges will be the sole responsibility of and payable by Customer. Customer will not withhold any taxes from any amounts due to ShipSWIM. If Customer’s payment method choice is credit card standard credit card fees (3%) apply.

3. Customers are invoiced monthly for credit card payments and quarterly for payments made via wire transfer or ACH. If credit card payment is not received within fifteen (15) days of the invoice, or wire transfer or ACH payment is not received within thirty (30) days of the invoice, the ShipSWIM Service will be terminated. Fees due here under will be billed to Customer's credit card and Customer authorizes the card issuer to pay all such amounts and authorizes ShipSWIM (or its billing agent) to charge the credit card account until Customer or ShipSWIM cancels or terminates the ShipSWIM Services as set forth above; provided that if payment is not received from the credit card issuer, Customer agrees to pay all amounts due upon demand. Customer must provide current, complete and accurate billing and credit card and ACH (as applicable) information. Customer agrees to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which Customer shall be responsible to pay.

4. Customer will notify ShipSWIM in writing in the event Customer disputes any portion of any fees paid or payable by Customer under this Agreement. Customer will provide such notice to ShipSWIM within 60 days of the applicable charge and the parties will work together to resolve the applicable dispute promptly. Upon expiration of the 60 day period described in this Section, Customer will not be entitled (and hereby waives any right) to dispute any fees paid or payable by Customer.

5. If Customer fails to time pay any amounts due hereunder, ShipSWIM will (without limiting its other rights) be entitled suspend the Services associated with Customer's account without prior notice to Customer. ShipSWIM will not have any liability whatsoever for any damage, liabilities, losses (including any loss profits) or any other consequences that Customer may incur with respect to any suspension of Services pursuant to this Section.

5. INVENTORY

1. Title to inventory remains at all times with Customer. The inventory is not for sale by ShipSWIM and ShipSWIM does not and shall not have any interest therein or lien or claim thereon. ShipSWIM shall not permit any lien or other encumbrance to be placed against any of the inventory while in ShipSWIM's possession.

2. If loss or damages have been determined by ShipSWIM while inventory is at an ShipSWIM fulfillment location to be due to ShipSWIM employees, agents, contractors or representatives gross negligence or willful misconduct, ShipSWIM Fulfillment shall reimburse Customer an amount equal to the manufactured price for such goods provided that ShipSWIM shall reimburse Customer only for any losses or damages to goods in excess of a loss allowance of 0.25% of units received. If ShipSWIM reimburses Customer for a good, ShipSWIM shall be entitled to dispose of such goods.

3. Shipping Insurance may be negotiated with ShipSWIM should the Customer choose to purchase said insurance for any orders that are shipped out of the ShipSWIM fulfillment. If inventory is damaged while in shipment, ShipSWIM disclaims all liability if shipping insurance was not previously purchased for said shipment.

4. Confirmed receipt of delivery by ShipSWIM does not: (a) indicate or imply that any good has been delivered free of loss or damage, or that any loss or damage to any good later discovered occurred after confirmed receipt of delivery; (b) indicate or imply that ShipSWIM actually received the number of goods specified by Customer for such shipment; or (c) waive, limit, or reduce any of ShipSWIM rights under this Agreement. ShipSWIM reserves the right to impose, and change from time to time, scheduling restrictions and volume limitations on the delivery and storage of Customer inventory in fulfillment centers, and Customer will comply with any of these restrictions or limitations.

6. TERMINATION

1. The term of this Agreement will commence on the Effective Date and continue for an Initial Service Term of 30 days. This Agreement will automatically renew for additional terms unless either party provides notice of non-renewal no less than 15 days prior to the end of a renewal term.

2. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Either party may also terminate this Agreement in the event the other party commits any material breach of this Agreement and fails to remedy such breach within 5 days after written notice of such breach. ShipSWIM may also suspend or terminate the Services immediately upon notice for cause if: (b) ShipSWIM determines, in its sole discretion, that its provision of any of the Services is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (c) subject to applicable law, upon Customer’s liquidation, commencement of dissolution proceedings, cessation of business, change of control, disposal of Customer’s assets, assignment for the benefit of creditors, or if Customer becomes the subject of bankruptcy or similar proceeding.

3. Upon termination or expiration of this Agreement, all rights and licenses granted to Customer shall immediately termination, but Customer’s payment obligations, the terms of this Section 6.3 and the terms of the following Sections will survive: Sections 3, 4, 5 and 7-10.

7. WARRANTY AND DISCLAIMER

1. ShipSWIM shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by ShipSWIM or by third-party providers, or because of other causes beyond ShipSWIM’s reasonable control. ShipSWIM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. EXCEPT AS SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW.

8. LIMITATION OF LIABILITY

1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL ShipSWIM AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER SIMILAR DAMAGES OR LOSSES, EVEN IF ShipSWIM HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL ShipSWIM BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE SIX MONTHS PRECEDING THE INCIDENT OR CLAIM.

2. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

9. GOVERNING LAW; DISPUTES

This Agreement will be governed by the laws of the State of Nevada, exclusive of its rules governing conflicts of laws. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties agree to the exclusive jurisdiction of the state and federal courts in the City and County of Las Vegas, Nevada.

10. GENERAL

Customer will not assign or otherwise transfer this Agreement, in whole or in part, without ShipSWIM’s prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void. ShipSWIM may assign this Agreement in whole or in part. No modification to this Agreement, nor any waiver of any rights, will be effective unless consented to in a writing signed by both parties. Any waiver of any breach or default by either party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Each party is an independent contractor in the performance of each and every part of this Agreement. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect. Any notice required or permitted to be given hereunder will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, or by overnight delivery. ShipSWIM may use Customer’s current address, as provided by Customer in connection with billing and payment activities. ShipSWIM’s current address may be found on its website. This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written and contains the entire understanding of the parties on the subject matter hereof. No oral or written information or advice given by ShipSWIM, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's control (each, a "Force Majeure Event") if the party makes reasonable efforts to perform. Either party may terminate this Agreement on written notice to the other party if the Force Majeure Event continues more than 30 days.


If you are an agency and have a code given to you please put it here. Otherwise, it is optional

Business Name

Please provie the legal entity name, or your legal first and last name.
Your business email address - This will also become the administrative login account.

In order to provide the best data security for our clients we require them to create a unique login url. This allows us to mitigate client and customer data loss in the unlikely event of a data breach or misuse of the service.

.swimwms.com

Address

Please specify the mailing address of your main nexus of business

Finish

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Once you click the "finish" button, the internet hamsters will immediately start working on building your new instance of ShipSWIM!
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