GetUShipped Terms of Service

SERVICE(S) REQUESTED BY CLIENT

GetUShipped is an application that allows for e-commerce orders to be delivered directly from your Infusionsoft application into ShipStation. GetUShipped is a product created by GetUWired, Inc.

Client’s Representations and Warranties

Client represents and warrants that it controls and/or owns the Trademarks, text, graphics, photographs, designs, and any and all other material or artwork supplied to GetUWired for inclusion in the Work. Client shall indemnify GetUWired and hold it harmless from and against any and all claims, liabilities, loss and/or expenses arising out of the use of the Work (with the exception of matters subject to the GetUWired’s indemnification as outlined in these terms and conditions) and/or any breach of any representation, warranty, or agreement made by the Client.

GetUWired’s Representations and Warranties

GetUWired represents and warrants that its contribution to the Work is an original work of authorship or is derived from preexisting work as to which it owns or has licensed the rights, and to the best of the GetUWired’s knowledge does not infringe the rights of any third party. In the event of any breach of any representation, warranty or agreement made by GetUWired as stated in this Terms of Service, GetUWired and Client shall communicate about all claims, liabilities, loss and/or expenses arising out of use of the Work (except to the extent such claim involves the Trademarks) and come to a mutual understanding. GetUWired is not responsible for any claims, liabilities, loss and/or expenses arising out of use of the Work. GetUWired acknowledges the inestimable value to Client of the Trademarks, and undertakes not to use the Trademarks, or any confusingly similar trademarks, in any manner other than as embodied in the Work pursuant to these Terms and Conditions.

1. TOTAL FEES AND PAYMENT

a. Fees and Hourly Rate – GetUShipped is a monthly subscription and is charged on the day you sign up and then automatically recurring every month after until you cancel your subscription. We do not offer any type of support.

2. LIMITATION OF LIABILITY.

a. GETUWIRED’S LIABILITY TO CLIENT HEREIN, IF ANY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CLIENT TO COMPANY HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. b. EXCEPT AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. c. IN NO EVENT SHALL GETUWIRED BE LIABLE TO CLIENT FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE WORK, WEB HOSTING SERVICE, LOSS OF DATA OR DELAY OF GETUWIRED IN DELIVERING ANY PRODUCT OR IN THE PERFORMANCE OF ANY SERVICES HEREUNDER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. CLIENT ACKNOWLEDGES THAT THE AMOUNTS PAYABLE HEREUNDER ARE BASED IN PART ON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY.

3. PARTIES AFFECTED BY THIS TERMS OF SERVICE

– These terms and conditions shall be binding upon and inure to the benefit of the parties and their affiliates, successors, licensees, assigns, agents and representatives.

4. GOVERNING LAW; COURT ACTIONS

– This Agreement shall be governed by the laws of the State of Georgia, county of Lumpkin and in the Lumpkin county courthouse located at 325 Riley Rd. Dahlonega, GA 30533 without regard for conflicts of law principles.

5. SEVERABILITY

– If any provision of this Terms of Service is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms of Service will remain in full force and effect. Any provision of the Terms of Service held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. When Client purchases the initial block of hours they are henceforth agreeing to the GetUWired Terms of Service. If you are doing business with GetUWired, Inc., this Terms of Service defines the professional relationship and must be read carefully by all prospects and clients. Miscellaneous Items of Concern Governing the working relationship between the client and GetUWired, Inc:

Client’s Obligations:

The Client is responsible for using a valid form of payment that said client is authorized to use for the recurring subscription payments to GetUShipped.