TERMS OF USE

Last Modified: July 18, 2024

These terms of use, together with any documents they expressly incorporate by reference (these “Terms”) form a binding agreement between Global Sticks Express, LLC, a Delaware limited liability company, and its affiliates, and their respective directors, officers, employees, partners, agents, administrators, managers, advisors, and representatives (together, “Company”) and the person or entity accessing the websites located at https://www.shipsticks.com, https://www.shipskis.com, https://www.shipgo.com, https://www.shipcamps.com, https://www.luggagefree.com https://www.shipschools.com, and https://www.shipplay.com, including any subpages, content, functionality, and services available thereupon (collectively, as applicable, the “Website”), whether as a guest or a registered user (“User”).

These Terms govern User's access to and use of the Website. By using the Website, or by clicking to accept or agree to these Terms when this option is made available, User accepts and agrees to be bound and abide by these Terms, and Company's Privacy Policy, found at https://www.shipplay.com.com/privacy incorporated herein by reference (the “Privacy Policy”). All information Company collects on the Website is subject to the Privacy Policy. By using the Website, User consents to all actions taken by Company with respect to User's information in compliance with the Privacy Policy. If User does not agree to these Terms or the Privacy Policy, User must not access or use the Website.

COMPANY PROVIDES THE WEBSITE SOLELY ON THE TERMS AND CONDITIONS SET FORTH HEREIN AND ON THE CONDITION THAT USER ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON OR OTHERWISE ACCESSING THE WEBSITE, USER: (A) ACCEPTS THESE TERMS AND AGREES TO BE LEGALLY BOUND BY THEM; AND (B) REPRESENTS AND WARRANTS THAT: (1) USER IS OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND COMPLY WITH THESE TERMS; AND (2) IF USER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, THE PERSON ACCESSING OR USING THE WEBSITE ON ITS BEHALF HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND COMPLY WITH THESE TERMS ON BEHALF OF USER AND BIND USER TO ITS TERMS.

Changes to the Terms of Use; Changes to Website

Company may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately and apply to all access to and use of the Website thereafter. Notwithstanding the foregoing, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which User has actual notice on or before the date the change is posted on the Website. User's continued use of the Website following the posting of revised Terms means that User accepts and agrees to the changes. User is expected to check this page frequently to remain apprised of any changes. Company may update the content on the Website, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and Company is under no obligation to update such material.

Terms of Service

Company provides a platform through the Website for arranging and facilitating the shipment of golf clubs and other sports equipment (“Sporting Goods”), which may be provided through one or more third-party companies (including golf course personnel) (collectively, “3PL Providers”) to transport those Sporting Goods (the “Services”). The Services are subject to any terms imposed by Company's subcontractors and all 3PL Providers.

User understands and agrees that the 3PL Providers may be responsible for or otherwise involved in delivering the Sporting Goods to Company or another 3PL Provider, and/or receiving the Sporting Goods at the shipping destination. User uses the Services at User's sole risk. In the event any Sporting Goods are lost or damaged during transit, or in the event of any delay or any other error in shipment (any of the foregoing, a “Shipment Failure”), User may request Company provide reasonable assistance in submitting claims or complaints to the 3PL Provider; provided, however, that Company is not obligated to provide any compensation or damages for any Shipment Failure.

Upon receipt of timely and properly submitted information sufficient to submit a complaint to a 3PL Provider, Company may share that information with such 3PL Provider for the purposes of proceeding with the complaint. User understands and acknowledges that Company and/or its third-party business partners may contact User regarding the complaint, and that neither Company nor any 3PL Provider shall have any obligation to proceed with any complaint unless User provides reasonable assistance and information necessary to proceed with such complaint. Company and/or its third-party business partners may conduct a reasonable investigation into the complaint, but in no event is Company required or obligated to investigate any claims pertaining to any Shipment Failure. User acknowledges and agrees that User's request for assistance from Company, and/or any reasonable investigation into User's complaint, does not entitle User to any action or recourse by Company, and that a commercially reasonable investigation is User's sole and exclusive remedy.

Limits on Liability

Company, its respective affiliates and subsidiaries, and each of their respective officers, directors, employees, shareholders, members, managers, successors, agents, and relevant third parties, including, without limitation, advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants, and contractors (collectively, the “Global Sticks Parties”) will not be liable under or in connection with these Terms for:

• any loss of or damage to any Sporting Goods or any damages caused by a delay in the shipping of Sporting Goods, to the extent such loss, damage, or delay is attributable to a third party that: (a) provides shipping and/or transport services for Sporting Goods; (b) receives shipment of the Sporting Goods from Company or its shipping provider; and/or (c) provides, or is responsible for providing, the Sporting Goods to Ship Sticks or its shipping provider for shipment;
• any loss of, or damage to, any personal items left in a travel case, golf bag or box prior to shipping, including, without limitation, jewelry, radar detectors, glasses, mobile phones, or portable media players;
• your shipment, or attempted shipment, of any Prohibited Items (as defined herein);
• loss or damage to Sporting Goods prior to pick-up by Company or its shipping provider or after delivery by Company or its shipping provider;
• the content of any website not controlled, owned, or operated by Company that is accessed from or linked to the Website;
• the content, services, or information provided by any website purporting to be operated by Company, but not actually affiliated with, controlled, owned, or operated by Company;
• any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;
• the contents of any communication, message, or information posted by you or other third parties; and
• any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including loss of use, data or profits, cost of procuring substitute products or business interruption) whether based on contract, warranty, tort (including negligence), strict liability or any other legal theory, arising out of or in connection with these Terms, your access and use of or inability to access or use the Website or the Services, even if Company has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. User's sole and exclusive remedy for any dissatisfaction with all or any portion of the Website or the Services is to discontinue using the Website and the Services.

Without limiting the foregoing, in no event shall Global Sticks Parties' total aggregate liability to any User, including any liability for any damage or loss of any package or Sporting Goods, exceed the lesser of the actual value of any items lost or damaged or $500. In the event that any monies are paid by the Global Sticks Parties to any User, such payment shall be such user's sole and exclusive remedy.

Packaging, Locking, Insuring, and Secure Delivery of Sporting Goods

User is solely responsible for the packaging, locking, insuring, and securing delivery of any Sporting Goods User deposits with Company or any 3PL Provider, or otherwise ships using the Services. User must lock any package User intends to ship using the Services (the “Package”) accordingly prior to pickup. Shipments traveling between countries may not be locked. User understands and agrees that any locked Package that is shipped internationally may be damaged or otherwise experience a Shipment Failure, and neither Company nor any 3PL Provider shall be liable for any damage, cost, or expense related to such locked Package. Additionally, User must indicate whether the Package is insured at the time User places the order for Services. Company shall have no liability for any Shipment Failure in any way arising out of or resulting from poor packaging, failure to lock, failure to acquire insurance, or failure to require signature upon delivery.

Company insures against complete loss of or against any physical damage that has occurred to a Package while in transit. Company or its 3PL Providers are not liable for damage or loss of protruding parts such as wheels, straps, pockets, handles, or other items attached to a travel case or bag. Any claims for lost or missing items will require a physical investigation.

Prohibited Items

User acknowledges and agrees that the Services are intended to be used for the shipment of Sporting Goods and not for other items. Further, Company, the 3PL Providers, as well as applicable laws, prohibit the shipment of certain goods, including the following (collectively, the “Prohibited Items”):

• firearms and ammunition;
• drugs, including all illegal narcotics, all drugs prohibited by any jurisdiction through which the Package may travel, as well as prescription and over the counter medications;
• lottery tickets or gambling devices in violation of the laws of any jurisdiction through which the Package may travel;
• hazardous materials, including, without limitation, hazardous or corrosive materials, explosives, flammable or combustible materials, infectious substances, poisons, dry ice, fireworks, or radioactive materials;
• pressurized containers, including, without limitation, aerosol cans, and CO2 cartridges;
• compressed gasses, including, without limitation, bug spray and sunscreen;
• live animals;
• animal or human remains;
• hazardous waste;
• cash, currency, or other negotiable items;
• electronics;
• batteries;
• alcohol, or any goods containing alcohol, such as perfume or cologne;
• tobacco products;
• perishable goods;
• toiletries;
• jewelry;
• liquids;
• any items that are likely to soil, impair, or damage persons, other packages, or equipment;
• any item that may, in Company's sole and absolute discretion, violate the terms of any 3PL Provider, or any international, federal, state or local law, treaty, regulation, ordinance, or rule; or
• fragile items consisting of but not limited to glass, porcelain, and ceramic.

Ship Sticks reserves the right to refuse, cancel, or hold any shipment that Ship & Play determines, in its sole or absolute discretion, violates, or may violate, these restrictions. Furthermore, Ship Sticks reserves the right (on its behalf and its third-party shipping company's behalf) to inspect any package to confirm compliance with these Terms.

Cancellations and Changes

The Services may be cancelled and payments may be refunded as follows:

• At least 48 hours prior to the scheduled pickup date: 100% refund
• Within 48 hours of the scheduled pickup date:
• If full cancellation: Account Credit of amount of cancelled shipment less $10.00 per package
• If partial cancellation (e.g. only canceling one leg of a round-trip shipment): Account Credit of $10.00 per package
• The account credit can be used anywhere on the Website, will not expire, and is fully transferrable.

It may take up to 30 days for the refund to appear on your credit card statement. In most cases, Company will process the refund within five business days.

You may make changes to your pickup date and time, without incurring any change fees, if you notify Company at least three business days prior to the original scheduled pickup time. Changes requested between three business days and 24 hours prior to the original scheduled pickup time may be assessed a $25 administrative fee in addition to any difference in the shipping rate. Changes made within 24 hours of the original scheduled pickup time may be assessed an administrative fee of greater than $25 in addition to any difference in the shipping rate.

Online Payments; Rates and Rate Adjustments

User may pay for certain services through the Website, subject to the terms and conditions set forth in this Section (“Payment”). By making a Payment, User affirms that: (1) User is at least 18 years of age or of sufficient legal age to form a binding contract with Company; (2) User is permitted to access or use the Website and complete the Payment; and (3) User accepts and agrees to be bound by these Terms.

Rates generated on the Website or by a Company representative are based upon the information provided at the time of inquiry and are subject to change at any time. All prices, discounts, and promotions posted on the Website are subject to change without notice. Company strives to display accurate price information, however it may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Payments arising from such occurrences.

Final rates are based upon actual weights and dimensions of each shipment shipped and verified by the 3PL Provider. A shipment's dimensions are calculated by the widest point of each side. If the actual weight or dimensions of the shipment exceeds the maximum allowed for the selected item, rates will be adjusted to reflect the next largest category and a $35 adjustment fee will be incurred. If a larger category does not exist, additional charges will be incurred for the weight or dimension exceeding maximum allowed in the largest category. Specifically, (i) if your shipment exceeds 60 inches in length; 130 inches in length plus girth (where girth is 2x width plus 2x height); or, 70 lbs. based on the item's actual weight, rounded up to the nearest pound, then a $100 surcharge plus a $35 administrative fee will apply for such item; and (ii) if your shipment exceeds 96 inches in length; 165 inches in length plus girth (where girth is 2x width plus 2x height); or, 90 lbs. based on the item's actual weight, rounded up to the nearest pound, then a $1,200 surcharge plus a $35 administrative fee will apply for such item. In addition, if your shipment exceeds; (a) 96 inches in length, (b) 165 inches in length plus girth (where girth is 2x width plus 2x height), or (c) 90 lbs. (based on the greater of the item's actual weight, rounded up to the nearest pound, or its dimensional weight), then Company may reject or cancel your shipment. User is responsible for all handling fees charged by a pickup or delivery location, such as a hotel, resort, golf facility, or carrier store. All charges and fees will be charged to the credit card that was used to process the original shipment.

User acknowledges and agrees that the final charges applicable to the shipment may not be known by, or charged to User, until Company receives a final invoice from the 3PL Provider (which in some cases may be several weeks following the date of shipment). Company reserves the right to charge the credit card or other form of payment we have on file upon Company's receipt of the final invoice from the 3PL Provider, without obtaining additional authorization from User.

Terms of Payment are within Company's sole discretion. Payments are made through a third party service provider and are subject to the terms and conditions and privacy policy of such provider. User represents and warrants that: (1) User's credit card information is true, correct, and complete; (2) User is duly authorized to use such credit card for the Payment; (3) charges incurred by User will be honored by User's credit card company; and (4) User will pay charges incurred by User at the posted prices, including all applicable taxes, if any, regardless of the amount quoted at the time of User's order. In the event that Company must pursue legal action in order to collect on balances due, User agrees to reimburse Company for all expenses incurred to recover any and all sums due, including but not limited to all attorney's fees and other expenses.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE WEBSITE: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. COMPANY'S SOLE AND ENTIRE MAXIMUM LIABILITY WITH RESPECT TO PURCHASES MADE THROUGH THE WEBSITE, AND USER'S SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY USER FOR THE PRODUCTS AND/OR SERVICES USER HAS ORDERED THROUGH THE WEBSITE.

User represents and warrants that User is buying the Products for User's own personal use only, and not for resale or export. User further represents and warrants that all purchases are intended for final delivery to locations within the continental United States.

Accessing the Website; Account Security

Company reserves the right to withdraw or amend the Website, and any service or material Company provides on the Website, in its sole discretion without notice. Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Company may restrict access to all or any portion of the Website to users, including registered users.

User is responsible for:

• Making all arrangements necessary for User to have access to the Website.
• Ensuring that all persons who access the Website through User's internet connection are aware of these Terms and comply with them.
• Ensuring that all information shared with Company through the Website or the Software is provided in compliance with the terms and conditions applicable to such data.

To access the Website or some of the resources it offers, User may be asked to provide certain registration details or other information. It is a condition of User's use of the Website that all the information User provides on the Website is correct, current, and complete. User agrees that all information User provides to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and User consents to all actions Company may take with respect to User's information consistent with the Privacy Policy.

If User chooses, or is provided with, a username, password, or any other piece of information as part of Company's security procedures, User must treat such information as confidential, and User must not disclose it to any other person or entity. User also acknowledges that User account is personal to User and agrees not to provide any other person with access to all or any portion of the Website using User's username, password, or other security information. User agrees to notify Company immediately of any unauthorized access to or use of User's username or password or any other breach of security. User also agrees to ensure that User exits from User's account at the end of each session. User should use particular caution when accessing User's account from a public or shared computer so that others are not able to view or record User's password or other personal information.

Company has the right to disable any username, password, or other identifier, whether chosen by User or provided by Company, at any time, in Company's sole discretion, for any or no reason, including, if, in Company's opinion, User has violated any provision of these Terms.

Intellectual Property Rights

The Website and its 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 Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, privacy rights, and other intellectual property or proprietary rights laws (the “Intellectual Property Rights”).

These Terms permit User to use the Website for User's personal, non-commercial use only. User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• User's computer may temporarily store copies of such materials in RAM incidental to User's accessing and viewing those materials.
• User may store files that are automatically cached by User's web browser for display enhancement purposes.
• User may print one copy of a reasonable number of pages of the Website for User's own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If Company provides desktop, mobile, or other applications for download, User may download a single copy to User's computer or mobile device solely for User's own personal, non-commercial use, provided User agrees to be bound by Company's end user license agreement for such applications.
• If Company provides social media features with certain content, User may take such actions as are enabled by such features.

User must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If User wishes to make any use of material on the Website other than that set out in this section, please address User's request to: info@shipplay.com.

If User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms, User's right to use the Website will immediately cease and User must, at Company's option, return or destroy any copies of the materials User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to User, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property Rights or other applicable laws.

Trademarks

Company name, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. User must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Copyright Infringement

Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with applicable law. If User (for the purposes of this Section, “you”) believes any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to Company's copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Company's designated copyright agent to receive DMCA Notices is:

Goodspeed Merrill
Attn: Copyright Manager
9605 South Kingston Court Suite 200
Englewood, Colorado 80112
Phone: (720) 473-7644
Email: agent@goodspeedmerrill.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows Company to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Prohibited Uses

User may use the Website only for lawful purposes and in accordance with these Terms. User shall not use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• In any way that infringes upon or violates another party's Intellectual Property Rights.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Company, may harm Company or users of the Website, or expose them to liability.
• Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or any part thereof
• Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on the Website.

Additionally, User shall not:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without Company's prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User's own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. The provision of any such materials should not be interpreted as endorsement or approval by Company of the organizations sponsoring these sites or their products or services. Where applicable, these materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to User or any third party, for the content or accuracy of any materials provided by any third parties.

Because Company has no control over third-party websites and resources, Company is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, User's use or exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such third-party sites or resources. Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with User's use or reliance on any such content, information, goods, or services available on or through any such site or resource. If User's accesses any such third-party websites, resources, or services, or transacts with such third parties for their products, properties, or services, User does so entirely at User's own risk. By leaving the Website, User may be subject to the terms and conditions and the privacy policies of such third party websites.

Links

User may link to the Website, provided User does so in a way that is fair and legal and does not damage Company's reputation or take advantage of it, but User must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company's part.

If the Website contains links to other sites and resources provided by third parties, these links are provided for User's convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from User's use of them. If User decides to access any of the third-party websites linked to the Website, User does so entirely at User's own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

Company is based in the State of Colorado in the United States. Company provides the Website for use only by persons located in the United States. Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If User accesses the Website from outside the United States, User does so on User's own initiative and is responsible for compliance with local laws.

Disclaimer of Warranties

User understands that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Company's site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY 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 USER'S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER'S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO USER'S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

The information on the Website may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to User's transaction. Company shall not assume any responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. Company reserves the right to make changes, corrections, cancellations, and/or improvements to the information on the Website, and to the products and Services described on the Website, at any time without notice, including after confirmation of a transaction.

It is solely User's responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website. User may not rely on any content on the Website. Company does not endorse or represent the reliability, accuracy, or quality of any information, or non-Company goods, services, or products displayed or advertised on the Website. Company makes no representations or warranties, express or implied, with respect to the information provided on the Website

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE WEBSITE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; USE OR STORAGE OF PERSONAL OR PROPRIETARY INFORMATION PROVIDED BY USER IN VIOLATION OF A THIRD PARTY'S RIGHTS; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

User agrees to defend, indemnify, and hold harmless Company, its affiliates, licensors, and 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 violation of these Terms or User's use of the Website, including, but not limited to: (1) any use of the Website's content, services, and products, including submission of any material to the Website and any obligations of privacy or confidentiality with respect to any such material; (2) User's violation of any third party terms and conditions in connection with these Terms; or (3) User's use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Except as otherwise provided herein, legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver, although Company retains the right to bring any suit, action, or proceeding against User for breach of these Terms in User's country of residence or any other relevant country. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts.

Arbitration

Notwithstanding anything herein to the contrary, at Company's sole discretion, Company may require User to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Company of any term or condition set out in these Terms 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 Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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.

Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between User and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.

Comments and Concerns

The Website is owned and operated by Global Sticks Express, LLC, 11400 North Jog Road, Suite 300, Palm Beach Gardens, Florida 33418.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@shipplay.com.