Borderfree Members Terms & Conditions

Introduction

These Borderfree Members Terms and Conditions (“Terms“) governs the use of https://www.borderfree.com/ and its subdomains (collectively, the “Website“) as provided by Global-e US Inc. and its affiliates (for the purposes of these Terms, collectively “Borderfree”, “we“, or “our“, or “us“).

These Terms constitute a legally binding agreement entered into between you and Borderfree upon the earlier of your use of the Website or Services or your opening of a Borderfree account (a “Member Account“).

By entering into these Terms, you agree to be legally bound by these Terms, our Privacy Policy, Cookie Policy and any exclusive offerings we will offer at our discretion from time to time.

Borderfree.com Services and Website

Our Website enable you to search and shop for products from retailers and brands (collectively, “Brands”), and to keep up to date with latest discounts and promotions relevant to your shopping and the products you are interested either by browsing the website or through our newsletter (the “Services”)We provide this Website as a way to connect you with the Brands in different locations, where our services could be available. We consider our services as providing a luxury and unique shopping experience, also by offering you to open a Member Account as set forth below. Part of our Services will only be available if you become a Member.

Borderfree reserves the right in its sole discretion to modify, discontinue, remove, and/or otherwise restrict access (such as by geo-blocking) the Website and the Services (whether in whole or in part) at any time, with or without notice.

Unless the context clearly requires otherwise, references in these Terms to the “Website” shall be deemed to also include the Services.

Borderfree Member Account

You can open a Member Account directly through the Website at no cost. Once you open a Member Account, you become a “Member“. If you completed your purchase on one of the Brands’ webstore(s) directed through the Website without a Member Account, you can change your mind, and join us later, at any time after you completed your purchase on the Brand’s webstore. You can also open a Member Account without purchasing at all.

Some of Borderfree offerings, including exclusive promotions and discounts will only be available for you if decided to open a Member Account. Once you open a Member Account and select your Member Account credentials (password and username) you will be officially a Member, and a subscriber to our newsletter.

As a Member, you will enjoy faster checkout and exclusive offers saved for our Members. You will also receive personalized sale alerts and information on new brands joining us. Our offers are based on information you provide and your interaction with the Service. Through the Member Account you can update your mailing preferences. If you are a Member, it is advised to sign-in to your Member Account before using Borderfree’s Services in order to enjoy the complete Services and benefits of being a Member.

Eligibility to join Borderfree.com

The Website and Services are not intended for minors. You are eligible for opening a Member Account only if you are above the age of 18 years old, and in any event provided you are not considered a minor in your local jurisdiction. By accessing the Services, you represent and warrant to Borderfree that you are of legal age to form a binding contract and that all registration information you submit to Borderfree when opening an account is accurate and true. It is your responsibility to keep such information updated.

Account Opening

During the process of your Member Account opening, we will ask you to provide certain information including your personal information. Please refer to our <<Privacy Policy>> regarding how we collect, use, disclose, store, protect and process your personal information.

By providing your personal information to us, you represent that the information is accurate, complete and that you will keep that information up to date and maintain the confidentiality and security of your Member Account. Failure to maintain accurate information may result in the suspension or termination of your Member Account. Borderfree also reserves the right to terminate or suspend your Memer Account at its sole discretion, without notice, for conduct that violates these Terms or is otherwise harmful to other users of the Services.

You may only open a Member Account if you are legally allowed to open this account in your country, and you live in a country where the Services are supported (which we may change from time to time). Borderfree reserve the right to immediately close or terminate your account, at its own discretion, if you fail to comply with, or otherwise breach, these Terms.

Account Security

During your Member Account opening process, you will be asked to choose your password. Please safeguard your username and password and keep any other login credentials private. You are solely responsible for any use of your Member Account username, or password. You represent that you will use the Member Account only for lawful purposes, to make purchases for personal consumption and only in accordance with these Terms. Member Accounts are personal. You may not use the Member Account of another person or share your Member Account with other person.

We will accept the instructions of any individual who claims to be authorized to direct changes to your Member Account so long as such person presents your username and password or provides other appropriate account identifying information to us. We are not responsible or liable for the actions of any individuals who misuse or misappropriate your username and password or other appropriate Member Account identifying information. If you are aware of any breach of security through your Member Account, you should immediately change your password and notify us of such breach.

Closing your Member Account

You can close and deactivate your Member Account, through the navigation bar (https://www.borderfree.com/account/register/), or by contacting our customer service at [email protected]. We will do our best to delete all of the information related to you, to the extent that such process is possible according to the applicable law and our Privacy Policy. Transaction and purchase history may be reserved by us as required by applicable laws.

We reserve the right, in our sole discretion, to refuse the opening of, suspend, or closing of your Member Account for any reason and without notice. Such reasons may include but are not limited to: non-payment of monies due, periods of inactivity, unresponsiveness to our requests for information related to your Member Account or purchase, inaccurate, incomplete or misleading information being provided by you, misuse or other use of your Member Account fraudulently, non-compliance with export and sanctions laws or other laws, or non-compliance with these Terms. We may delete any of your data within thirty (30) days after the date of closing of your Member Account.

Electronic Communications

When you visit the Website, use our Services or send e-mails to us, you are communicating with us electronically. To the maximum extent permitted by law, you consent to receive communications from us electronically, including electronic marketing materials (subject to required consents). We will use the information you provided to us for sending periodic communications related to our Services, including your Member Account information, changes to our Services or to inform you of promotions exclusive to Members or general promotions by Brands. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out from receiving marketing communications in accordance with our <<<Privacy Policy>>> and these Terms.

If you purchase products from Brands after being redirected to the Brand webstore, you may receive email from us acknowledging your use of the Services. Please note that such communication is solely for record purposes and is not considered as an order confirmation. Email acknowledging or confirming your purchase, including the status of your order and delivery will be available for you to view in your Member Account, if you are a Member, or through Track my Order (https://www.borderfree.com/order-status/). If you completed a purchase, expect to receive an order confirmation email separately from the Brand’s webstore.

Borderfree Newsletter

As part of Borderfree services, we share special offers and promotions through newsletters. When opening a Member Account, you will be automatically subscribed to the newsletter. You can change your preferences or unsubscribe at any time directly from your Member Account. If you don’t have a Member Account, but still want to enjoy the content shared with our Members, you are able to subscribe any time. Unfortunately, you may not be able to enjoy promotions  that are exclusive for Members, but you may be able to enjoy content and receive information related to our Brands, their products and new trends.

Shopping with Borferfree.com – How does it work?

Borderfree provides you the opportunity to maximize your online shopping rituals and international experience. We collaborate with Brands that are offering their products internationally through our Global-e group companies and making such Brands’ merchandise available to you, and helping you explore new stores and products. Offers and stores displayed will change according to your shipping destination, and the locations of our Brands. This may affect your ability to enjoy all our Brands’ network.

If you found a product you are interested in, by pressing the special link you will be redirected to the product page on that Brand’s webstore and the purchase will be made there. Borderfree is compensated by the Brands for the referral of Members to the Brands’ webstores. Compensation received by Borderfree may affect the promotions and the presentation of Brands and their products and merchandise on the Website. Borderfree does not guarantee the final and total price of any merchandise, products, and/or services displayed on the Brand’s webstore, or that the price displayed will be the total cost of such product.

About Global-e

Borderfree is a service operated by the Global-e group entities. Global-e provides certain services to the Brands themselves, including the ability to purchase the products displayed and made available through the Website. You can find more information about Global-e below. The terms and conditions applicable for the sale of products on the Brands’ webstores by Global-e entities will be available on the appliable checkout page.

Errors, Inaccuracies and Brand Policies

Neither Borderfree, Global-e, nor its affiliates or third party service providers make any warranties with respect to any of the merchandise, products, Content (defined below) and/or services featured or mentioned on or through the Website. In particular, we do not warrant that any of the foregoing is accurate, complete, reliable, current, or error-free. You agree that Borderfree, its affiliates and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured or mentioned on or through the Website. “Content” means any text, data, information, images, graphics, sounds, videos, audio clips, links, and/or similar materials and content.

With respect to any purchase and item, each Brand has its own policies and terms and conditions which govern the browsing of their webstore and the purchase of products offered by the Brand. By clicking on a link to be redirected to a Brand’s webstore, you acknowledge that the terms and conditions set forth when you make your purchase will prevail, including any remedy related to your purchase.

Although we make best efforts to provide complete and accurate information at all times when presenting, displaying or otherwise communicating to you information related to the products available to purchase through our services, our website may contain content that is subject to human and technological errors, including typographical errors and information that may not be up to date. This includes information related to pricing, descriptions or availability of a product by the Brand. We apologize in advance for any inconvenience caused by such discrepancies and errors.

Management of your Member Account

Under our Member Account webpage you are able to make changes to your account, including to change your personal details, and to creating default delivery addresses and to set preferred payment method. If you choose to provide us with such details, you will be able to enjoy, to the extent supported, from the Express Checkout features during the checkout process.

If you logged-in to your account from the checkout page when completing your purchase, your order will be available for you to view under your Borderfree Member Account webpage, and you will be able to track the progress of it easily. If you were entitled to receive Cashback, as defined and explained below, you will be able to view your Cashbacks reward as well, or any other rewards you are entitled to or available for you to enjoy.

You are also able to change your subscription setting to our newsletter, and to personalize our offering to you by providing further information on the products and Brands you are interested in.

Offers and Promotions

Cashback

Borderfree may offer Members (having a valid Member Account) the ability to earn cash back on qualifying purchases that you make through the Services (“Cashback”). Eligibility for Cashback is contingent upon the Member being logged in in to his/her Member Account during the purchase checkout process on the Brand’s webstore or directly arriving at the Brand webstore via the Website. Cashback is calculated on the net purchase amount, excluding any taxes, fees, shipping costs, gift-wrapping, discounts or credits, returns or cancellations, or extended warranties. When Cashback promotion is offered, once you have completed the purchase referred through the Website to a participating Brand’s webstore, and your order was successfully processed by Global-e, you will be eligible to receive back a percentage of your eligible spending amount. The Cashback amount will be remitted and credited back automatically through the same payment method used for purchasing the eligible products, and can be applied towards future purchases on the Borderfree website. The specific Cashback percentage, and the conditions under which it is awarded, may vary by promotion or Brand and are determined at Borderfree’s sole discretion. Cashback credits are non-transferable, and cannot be exchanged or redeemed for any other benefit or consideration. Cashback may not be available for all payment methods offered to you or for purchases made with certain Brands or in certain jurisdictions. It is your responsibility to check the specific terms which apply to the promotion you received. Cashback may be limited to specific locations, Brands or product categories.

Borderfree will, in its sole discretion, determine the type and the percentage of Cashback offered to you in each instance, and the Cashback program, including whether to terminate or reject Cashback rewards requests. Without limiting the generality of the foregoing, Borderfree reserves the right to reject or reverse any Cashback for any reason, including, without limitation, if the underlying transaction is cancelled or refunded, if Cashback is not permitted by the Member’s card issuer or bank, or if fraudulent activity is suspected.

Cashback is processed though Global-e, as the merchant of record of the eligible purchase. Global-e reserves the right to reject any Cashback if you were refunded the amount paid for a refunded or returned item; or if the Cashback scheme is not permitted by your card scheme or bank; or it suspects that the request or the transaction are fraudulent.

Borderfree reserves the right to modify, suspend, or discontinue the Cashback program at any time without notice. If you return or cancel an order for which Cashback was earned, the Cashback amount will be deducted from your Member Account or the refund made through your payment method. Borderfree may terminate your Member Account and revoke any Cashback rights if your Member Account is found to be involved in fraudulent activities or activities that breach these Terms.

Any disputes regarding Cashback amounts must be reported to Borderfree’s customer service within thirty (30) days of the purchase date. Borderfree’s decision on such disputes shall be final and binding.

Member Bonuses

From time to time, Borderfree may offer Members additional bonuses or other types of rewards for signing up to one of our services or for shopping with specific Brands. Such bonuses will be available for your review in the Member Account webpage. We may publish specific terms and conditions which will govern how those could be earned, paid or utilized, or if such terms differ from these Terms. Bonus offers, including but not limited to discounts, coupons, and loyalty points, cannot be combined (stacked) with other promotions or offers unless explicitly stated otherwise.

Borderfree reserves the right to withhold, deny, or cancel any bonus and/or reward in its sole discretion, including terminate your Member Account if your redemption of any bonuses and or rewards is deemed to be fraudulent, abusive, unethical, or otherwise suspicious or inconsistent with these Terms.

Automated Processing

We try to tailor our services and content suggestion to your preferences. In order to make such suggestions relevant, we will use automated processing. This means that we use the data you provide us, and the data provided to us from other users. We only use the data in accordance with our Privacy Policy.

Privacy Policy

Borderfree’s Privacy Policy, which applies to Borderfree’s collection, use, disclosure and other processing of personal information, is available to view here << https://www.borderfree.com/privacy/en_us. >>.

You consent to the personal and other information that Borderfree may obtain about you being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

The Website use certain types of cookies and similar technologies for providing you the full functionality and experience of our Services. Our Cookie Policy is available here.

<<do not sell my information + behavioral advertising>>

Links to the Website from Third Parties’ Websites

If you are accessing the Services through a third party website, such as the Brand checkout page, you will be asked to insert your own Member Account credentials. The information will be provided directly to the Website, and it allows for the linking of your current purchase to your Member Account. If you logged-in, you will be able to complete your purchase and to enjoy fast checkout and easy tracking of your order.

Borderfree attempts to provide information as accurate as possible in relation to any promotions offered and provided to you by Borderfree and with respect to information related to Brands offers and promotions. Unfortunately, although we try to provide full and complete up-to-date information, our Website may contain content that is subject to errors (human or technological ones such as typographical, inaccuracies, omissions, etc.). Such errors may affect your experience and result with discrepancies and inaccurate information related to pricing, descriptions, stock availability or outdated information. Borderfree does not warrant that product descriptions or other content presented to you is accurate or error-free.

The Website is not responsible for discrepancies between products’ prices, description or general information that may exist between the information displayed by the Brand webstore. In such cases, you should consider the information and content displayed on the Brand’s webstore as the prevailing information.

Links from the Website to other websites and content

The Website may display, link to, and/or otherwise allow you to view, access, or interact with, Content from third parties and other sources that are not owned or controlled by Borderfree, even if they are Borderfree-branded or otherwise display Borderfree’s name or logo (such Content and third parties, “Third Party Content” and “Third Party Providers“, respectively). The Website may also enable you to communicate with the Third Party Providers. These links are provided for your convenience and you use them at your own risk.

The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by Borderfree of such Third Party Content or Third Party Provider, or by such Third Party Provider of Borderfree, and nor any affiliation between Borderfree and such Third Party Provider.

Borderfree does not assume any responsibility or liability for Third Party Content, or any Third Party Provider’s terms of use, privacy policies, actions, omissions, or practices. Please read the respective terms of use and privacy policies of any Third Party Provider that you interact with before you engage in any such activity.

Responsibility for Your Content

If you provide, publish, upload, or transmit any Content to or via the Website (“Your Content“), you represent and warrant as follows: (A) Your Content will be complete and accurate; (B) no processing of Your Content under these Terms (whether by Borderfree, third party providers, or subprocessors) will violate any laws, proprietary right, or privacy (or other personal) right; (C) you have obtained and will maintain all required consents and licenses, and will maintain all ongoing legal bases under relevant privacy laws (if applicable), necessary to so provide, publish, upload, and transmit Your Content; and (D) Your Content will not contain or link to any violent, obscene, or unlawful Content.

By submitting Your Content to Borderfree, you hereby grant Borderfree a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform the Your Content in connection with the Website and Borderfree’s business, including without limitation for publishing and redistributing part or all of Your Content (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in or to Your Content, to the extent permitted by law.

Disclaimers; Limitations and Exclusions of Liability

Except for obligations expressly undertaken by Borderfree under these Terms, Borderfree has no obligations under these Terms or otherwise in connection with the Website.

The below disclaimers apply to the maximum extent permitted by applicable law. You may have legal rights in your country of residence which would prohibit the above disclaimers from (fully or partially) applying to you (for example, some jurisdictions’ laws do not allow the disclaimer of certain implied warranties or conditions, and do not allow limitations to be imposed on statutory rights), and, to the extent the above disclaimers are prohibited, then you and Borderfree agree that they will not apply to you.

General Disclaimers

THE WEBSITE, AS WELL AS ANYTHING ELSE PROVIDED OR MADE AVAILABLE BY BORDERFREE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, NON-INFRINGEMENT, TITLE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY BORDERFREE, ITS LICENSORS, AND SUPPLIERS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

IN ADDITION, WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS, AND THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.

WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY. BORDERFREE DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM ARISING OUT OF OR IN ANY WAY RELATED TO ANY INFORMATION WHICH IS POSTED TO THE WEBSITE BY ANY THIRD PARTY.

WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND WE DISCLAIM ALL LIABILITY FOR, ANY SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY WEBSITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY WEBSITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE WEBSITE OR ANY USER SUBMISSION, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BORDERFREE NOR ANY OF ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (SUCH AS DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; SUCH AS LOST PROFITS, BUSINESS, OPPORTUNITY, SAVINGS; SUCH AS LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL) UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR THE WEBSITE. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF BORDERFREE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (C) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, AND WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE OR BREACH OF STATUTORY SUTY), MISREPRESENTATION, RESTITUTION, OR OTHERWISE. TO THE EXTENT ANY COURT OF COMPETENT JURISDICTION DOES NOT ALLOW THE EXCLUSION OF DIRECT DAMAGES, BORDERFREE’S AGGREGATE LIABILITY UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR THE WEBSITE, SHALL BE CAPPED AT ONE US DOLLARS (USD $1.00).

Merchandise Disclaimers

YOU AGREE TO ADDRESS ANY QUESTIONS OR COMPLAINTS ABOUT MERCHANDISE AND REQUESTS FOR MERCHANDISE SUPPORT DIRECTLY WITH THE BRAND. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY MERCHANDISE. THE BRAND PROVIDES CERTAIN PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS TO BORDERFREE, AND BORDERFREE DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SUCH IMAGE, DESCRIPTION OR SPECIFICATION. BORDERFREE PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY MERCHANDISE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BORDERFREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT BORDERFREE AND ITS AFFILIATED COMPANIES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE MERCHANDISE. YOU FURTHER AGREE THAT BORDERFREE AND ITS AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A BRAND MISUSE OF YOUR PERSONAL DATA, WHERE BORDERFREE PROVIDES YOUR PERSONAL DATA TO THE BRAND PURSUANT TO THESE TERMS. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED BORDERFREE OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual Property Rights; Usage Restrictions

Borderfree IP. Borderfree (and/or its licensors and suppliers, as applicable) is and shall be the sole and exclusive owner of all right, title, and interest (including without limitation all intellectual property rights) in and to the following (collectively, the “Borderfree IP“):

(a) the Website and any Content (defined below) appearing or displayed on or in the Website, including without limitation Third Party Content (collectively, the “Borderfree Materials“);

(b) any User Submissions; and

(c) the trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos displayed on contained on or in any Borderfree Materials (collectively “Marks“).

Borderfree IP may be protected by applicable copyright or other intellectual property laws and treaties. Without limiting paragraph (c) above, Borderfree™ and its respective logos and design, are the Marks of Borderfree. Other Marks displayed on contained on or in any Borderfree Materials are the property of their respective third party owners.

You shall make, and you hereby irrevocably and unconditionally make, all assignments necessary or reasonably requested by Borderfree to ensure and/or provide Borderfree (and/or its designee(s)) the ownership rights set forth in this Section.

Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Borderfree. Those uses that are authorized must comply with Borderfree’s trademark usage guidelines (provided when necessary upon request). Except for the limited rights granted to you in these Terms, Borderfree (and its licensors and suppliers, as applicable) reserve all rights in and to their respective intellectual property rights. Any right not expressly granted to you in these Terms are hereby reserved by Borderfree and its licensors and suppliers.

Use of Website. The Website is provided to you for your information and personal use only. You will not collect users’ content or information, or otherwise access the Website or collect information from it, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You will not do anything that could disable, overburden, or impair the proper working of the Website.

Usage Restrictions on Borderfree IP. Except to the extent expressly permitted under these Terms, you must not do (or permit to be done) any of the following in whole or in part: (a) copy, download, create public Internet “links” to, “frame”, or “mirror” any Borderfree IP; (b) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute or make available any Borderfree IP to any third party (such as offering it as part of a time-sharing, outsourcing or service bureau environment); (c) publicly perform or display any Borderfree IP; (d) modify, adapt, translate, or create a derivative work of any Borderfree IP; (e) decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of, any Borderfree IP; (f) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in any Borderfree IP; (g) circumvent, disable or otherwise interfere with security-related or technical features or protocols of any Borderfree IP; (h) use any Borderfree IP to develop any service or product that is the same as (or substantially similar to), or otherwise competitive with, any Borderfree IP; (i) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt any Borderfree IP, or use any robot, spider, scraper, or any other automated means to access any Borderfree IP; (j) employ any hardware, software, device, or technique to pool connections or reduce the number of views, users, endpoints, or servers/machines that directly access or use any Borderfree IP (sometimes referred to as ‘virtualisation’, ‘multiplexing’ or ‘pooling’); (k) take any action that imposes or may impose (as determined in our sole reasonable discretion) an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support any Borderfree IP, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure; or (l) use any Borderfree IP to circumvent the security of another person’s network/information, develop malware, unauthorized surreptitious surveillance, data modification, data exfiltration, data ransom or data destruction.

Jurisdiction and Applicable Law.

The laws of the State of New York in the United States of America, excluding its conflicts-of-law rules, shall govern these Terms. These Terms and the transactions contemplated herein are not and never will be subject to the United Nations Convention on Contracts for the International Sale of Goods (UNCISG) or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.

Arbitration

Any dispute, claim or controversy that arises out of or relates to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or ability to arbitration (each, a “Dispute“), will be resolved exclusively by binding arbitration as set forth in this Section; except that Borderfree may at any time seek injunctive (and other equitable) relief in any court of competent jurisdiction.

ARBITRATION AFFECTS HOW DISPUTES ARISING FROM THESE TERMS WILL BE RESOLVED. BY BECOMING A MEMBER OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis many of the same damages and relief as a court. Injunctive and declaratory relief or statutory damages may be granted, but punitive or exemplary damages will not be awarded. The arbitrator shall be bound by the provisions of these Terms, and shall not make any decision or award that is contrary to, or in excess of, what these Terms provide.

The arbitration in this Section will be administered by the Judicial Arbitration Mediation Service (“JAMS”) pursuant to its arbitration rules and procedures then in effect. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267 (international rates may apply). Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Borderfree will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Judgment on the award may be entered in any court having jurisdiction. The arbitration in this Section must be brought in New York, NY, U.S.A before one (1) arbitrator. The decision of the arbitrator will be rendered within thirty (30) days following conclusion of the arbitration and will be in writing and will set forth in detail the reasons for such decision.

You and Borderfree agree that any Dispute will be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class proceeding.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

Export Compliance

You represent and warrant that you are not a resident of (and you will not access or the Services in) a country that the U.S. or any other relevant government has embargoed (including without limitation Lebanon, Syria, Iran, Iraq, Sudan, Yemen, Cuba, North Korea, or the Crimea, Donetsk, or Luhansk regions of Ukraine), nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning list of any jurisdiction.

General

Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Borderfree, the writing must be duly signed by an authorized representative of Borderfree), and shall be valid only in the specific instance in which given.

Linking to our Website. Borderfree permits you to link to the Website provided that: (a) you link to (but do not replicate) any page on this Website; (b) the hyperlink text shall accurately describe the Content as it appears on the Website; (c) you shall not misrepresent your relationship with Borderfree or present any false information about Borderfree, and shall not imply in any way that we are endorsing you or any services or products, unless we have given you our express prior written consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Website does not contain Content that is offensive or controversial (both as determined at our sole discretion), that infringes, misappropriates, or violates any intellectual property rights; and (vi) you, and your website, comply with these Terms and applicable law.

Entire Agreement. These Terms represent the entire agreement between you and Borderfree (and supersede any prior or contemporaneous agreements or understandings, whether oral or written, between you and Borderfree) relating to the subject matter hereof. Certain Services-related activities, and/or other items or services made available by Borderfree to you in connection with the Program, may be subject to their own respective terms and conditions (each, “Supplemental Terms“). Unless the Supplemental Terms expressly state otherwise, each set of Supplemental Terms shall be deemed in addition to these Terms (and are hereby incorporated into these Terms by reference), and to the extent of any conflict between these Terms and the Supplemental Terms, the Supplemental Terms shall prevail.

Severability. You and Borderfree agree that it is our mutual intent that these Terms, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then: (a) the remaining provisions of these Terms shall remain in full force and effect; and (b) you and Borderfree agree that the court making such determination shall have the power to limit the provision, to delete specific words or phrases, or to replace the provision with a provision that is legal, valid and enforceable and that most closely approximates the original legal intent and economic impact of such provision, and these Terms shall be enforceable as so modified in respect of such jurisdiction. In the event such court does not exercise the power granted to it as aforesaid, then such provision will be ineffective solely as to such jurisdiction, and will be substituted (in respect of such jurisdiction) with a valid, legal and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

Relationship. You and Borderfree are solely independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of us.

Assignment. Borderfree may assign these Terms (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. You may not assign these Terms (or any of your rights and/or obligations hereunder) without Borderfree’s prior express written consent. Any prohibited assignment shall be null and void.

Accessing the Website. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable local laws.

Force Majeure. Borderfree shall not be liable for any damage, loss, cost or expense arising in connection with any failure in performing any obligation caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, invasion, war, acts of governments, pandemics, natural disasters, strike, lockout (“Force Majeure“).

Modifications to these Terms. Borderfree may, from time to time and in its sole discretion, modify these Terms. Borderfree will endeavor to (but does not guarantee that it will) notify you of the updated Terms (the “Updated Terms“). In any event, the most current Terms will be available at: <URL>. The Updated Terms will take effect upon the date specified in the notice given to you (or, if no notice is given, or no date is specified, then ten (10) days after the date such Updated Terms are posted online). Your continued access or use of the Services after such effective date, shall constitute your acceptance of the Updated Terms. If you object to the modifications, then, as your sole remedy, and Borderfree’s sole liability, you may terminate your Membership.

Remedies. Except as may be expressly stated otherwise in these Terms, no right or remedy conferred upon or reserved by any party under these Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Terms, at law or in equity, but shall be cumulative of such other rights and remedies.

Language; Electronic Contract. The language of these Terms is expressly agreed to be the English language. By entering into these Terms, you hereby irrevocably and unconditionally waive to the maximum extent legally permitted, any law applicable to you requiring that these Terms be localized to meet your language (as well as any other localization requirements), or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.

Contacting Borderfree 

You can contact us (for questions, comments, praise, complaints, etc.) at [email protected].