Frisbi Website Terms of Use

THESE WEBSITE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE LOCATED AT THE URL WWW.FRISBI.COM (WEBSITE), OWNED AND OPERATED BY BROBUY INC. AND ITS AFFILIATES DOING BUSINESS AS FIRST CHOICE SHIPPING (COLLECTIVELY, FRISBI). BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU WARRANT AND REPRESENT TO FIRST CHOICE SHIPPING THAT YOU WILL USE THE WEBSITE ONLY IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.IF YOU DO NOT AGREE TO EACH OF THE TERMS OF USE SET FORTH BELOW, YOU SHOULD STOP USING THE WEBSITE IMMEDIATELY.

All material on the Website, including, but not limited to text, images, design and graphics, is protected by copyrights and/or trademarks, registered and unregistered, which are owned and controlled by Frisbi, its owners or affiliates, or by other parties that have licensed their material to Frisbi. The materials on this Website must not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, or used for commercial benefit, without the advance written consent of Frisbi. You are authorized to view and access a single copy of the content available on or from the Website solely for your personal use. Modification of the materials on this Website in any manner, or use of the materials for any other purpose, is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these terms of use or by another written agreement between you and Frisbi, the use of any such material on any other website or networked computer environment is strictly prohibited. Information on this Website may be changed or updated by Frisbi without notice. Frisbi Affiliates include David and Sons Global Limited, Europart Import Limited, Europart Logistics Inc. and SBV Inc.

If you become a registered user of the Frisbi online application software for the purpose of submitting shipping orders, you will be issued a personal user ID and password, which will allow you, in accordance with these Terms of Use, access and use your account. You will further be required to agree to the terms of a separate Client Services Agreement.

When you upload and/or download information to or from the Website, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Frisbi cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access to Your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.

It is your responsibility to ensure that no unauthorized person shall have access to your user ID and password. It is your sole responsibility to control access to and use of your user account, and promptly inform Frisbi of any need to deactivate or change Your user ID and/or password. Frisbi does not assume any responsibility or liability whatsoever for any content submitted to your account or any content that is used or misused whether submitted, used, or misused by you, your employees or agents, and/or other third parties. All your acts and omissions and those of unauthorized users who access the Website via your user ID and password shall be deemed to be your acts and omissions.

You hereby grant Frisbi, its employees, officers, directors and all other persons or entities involved in the operation of Frisbi, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the content in your account for the purpose of providing services, operating the Website, or in order to carry out the legal responsibilities of Frisbi. You understand, agree, consent and authorize your content to be stored, entered, and maintained on the Website in accordance with these Terms of Use and Frisbi’s applicable policies and procedures.

With respect to your user ID and password, you hereby agree (i) to maintain the security of your user ID, password, and other confidential information relating to your account and/or the accounts which you have been granted access; (ii) to notify Frisbi as soon as reasonably practicable of any real or suspected unauthorized use of your account; (iii) to notify Frisbi when you no longer require the use of your user ID and password; and (iv) to comply with instructions provided by Frisbi for using, maintaining, or correcting your account.

Information that Frisbi publishes on the Website or elsewhere in promotional materials may contain references or cross references to products, programs, and services that are not announced or available in all jurisdictions. Such references do not imply that Frisbi intends to announce such products, programs, or services in your jurisdiction. Please contact your Frisbi customer service representative for information regarding the products, programs, and services that may be available to you.

Frisbi makes no representations whatsoever about any third party controlled websites that you may access through this Website. When you access a non-Frisbi website through this Website, you hereby acknowledge and understand that Frisbi has no control over the content on such third party website(s). A link to a non-Frisbi website accessible from this Website does not mean that Frisbi endorses or accepts any responsibility for the content, use, accuracy, safety, security or privacy of such website. You hereby agree to take precautions to ensure that any content accessed by you is free of viruses, worms, Trojan horses and other items of a destructive nature.

Nothing on this Website constitutes an offer to sell or solicitation to buy securities. No failure or delay by Frisbi in exercising any right here under will operate as a waiver thereof, nor will any partial exercise of any right or power here under by Frisbi preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.

FRISBI DOES NOT WARRANT THAT THE WEBSITE IS ERROR-FREE OR THAT THE SERVICES MENTIONED ON THE WEBSITE WILL BE PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU. MATERIALS FOUND WITHIN THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRST CHOICE SHIPPING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE REFERENCED LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.

Frisbi WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT FRISBI SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF FRISBI IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEBSITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THEN THE ABOVE REFERENCED LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.

You agree to provide complete and accurate information about yourself as prompted by our registration form, and agree to update it as appropriate. Frisbi has the right to suspend or terminate your account if Frisbi believes that the information you have provided is inaccurate or incomplete. Any personal data information Frisbi collects from you is in accordance with Frisbi’s Privacy Policy. Any other material that you transmit will be treated as nonconfidential and non-proprietary. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FIRST CHOICE SHIPPING, AND ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), MADE BY ANY THIRD PARTY ARISING OUT OF YOUR VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF FRISBI OR THIRD PARTIES, OR YOUR VIOLATION OF ANY PROVISION OF THESE TERMS OF USE.

Frisbi makes no warranties, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any content posted on this Website. Any reference that Frisbi may make to any specific commercial products, process, or service by trade name, trademark manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Frisbi. YOU AGREE THAT FRISBI, AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM THE USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES. IN SUCH JURISDICTIONS, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within New York. Any action that you, any third-party, or Frisbi may bring to enforce these Terms of Use or any dispute in connection with any matters related to this Website shall be brought only in either the state or Federal Courts located in New York County, New York, and you expressly consent to the exclusive jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforce ability of any remaining provisions. Except to the extent that you and Frisbi have entered into a Client Services Agreement or other written agreement regarding the provision of services by Frisbi to you, or by you to Frisbi, and such written agreement expressly contemplates the use of this Website, these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Frisbi.