1. BINDING EFFECT. This is a binding agreement. By using the services provided in connection with the Site [convoyop.com, the “Site”, and the “Service” (also, the “Services”), as defined below], You agree to abide by these Customer Terms & Conditions, as they may be amended by Convoy Order Protection, LLC, a Nevada limited liability company (“ConvoyOP”, “Us” or “We”) from time to time in its sole discretion. ConvoyOP will post new Terms & Conditions embedded on the Site and participating merchant sites, as well as product description of the product You purchase through a merchant site. ConvoyOP will not directly contact a customer via email or any other means to notify of any changes or updates to these Customer Terms & Conditions. For the purpose of these Terms and Conditions “You and Your” shall refer to any individual, business, company, or other entity legally authorized to bind any individual, business, company, or other entity in a contract. It is Your responsibility to review these Customer Terms & Conditions periodically, and if at any time You find these Customer Terms & Conditions unacceptable, You must immediately cease use of the Services. You acknowledge that by ordering products on the merchant’s site You are entering into these Customer Terms & Conditions including when it may not be possible for You to order any product on a merchant site without purchasing the Services. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
ConvoyOP respects Your privacy and permits You to control the
treatment of Your personal information. A complete statement of
description of the product that You order through a merchant
this Agreement by this reference.
Upon ordering a product from the merchant website, Your personal information will be stored with Us. If You would like to create a registration You may do so using a “magic link” process, and in such case, You must provide certain personal information, such as Your name and email address. You agree to notify ConvoyOP immediately if any information becomes inaccurate, false, or otherwise incorrect. You agree to notify ConvoyOP immediately of any unauthorized use of Your account, username, or password if You create a registration. ConvoyOP shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by ConvoyOP, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
3. SERVICES. Through the merchant’s site, ConvoyOP provides online order protection services and claims resolution services for product delivery issues for customers who purchase order protection (also, the “Services”). Services or programs may be added or eliminated from time to time, at ConvoyOP’s discretion.
4. USER CONTENT. As indicated above, You may (but are not required to) register an account and become a Registered User with ConvoyOP. For the purposes of this Agreement, a “Registered User” is a User who has registered for any account with ConvoyOP or has purchased Services. When registering an account for the Services, You agree to provide only true, accurate, current and complete information requested by the registration form and to promptly update that information thereafter as necessary to keep it current. All rights in and to Your account are owned and inured to the benefit of ConvoyOP. You grant ConvoyOP a license to use the materials You communicate to ConvoyOP. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to Your account or to ConvoyOP through other means such as email, You are granting ConvoyOP, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of ConvoyOP, its affiliates, successors and/or assigns, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that ConvoyOP may publish or otherwise disclose Your name in connection with Your User Content. By posting User Content on Your account, You warrant and represent that You own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. ConvoyOP is not liable for any loss or damage arising from any unauthorized use of Your account.
5. USE OF CONTENT AND SERVICES. Through our software applications, third party merchants can offer consumers the opportunity to include ConvoyOP services in their order. If You choose to use ConvoyOP’s Services, You may receive a link from the third-party merchant to sign up for the Services allowing You to track Your shipments and file a notice of loss, if applicable. You may not authorize any third party other than any individual, business, company, or other legal entity You are authorized to bind in a contract to access or use the Services on Your behalf. The Services and any rights thereto are the property of ConvoyOP and are protected under U.S. copyright, trade secret, trademark, and patent law.
6. ORDER PROTECTION. For the purpose of these Terms and Conditions and Services therein, “Carrier” shall mean the shipping carrier and its agents and affiliates, and “In Transit” shall mean the period of time from the first Carrier scan indicating the Carrier has taken possession of the package(s) [containing either the entire order(s) or a partial order(s)] to the last Carrier scan when the Carrier reports the package(s) as “Delivered”.
Provided that You purchased the Services through an applicable merchant validated online order, or are current on Your ConvoyOP subscription payments, ConvoyOP shall either (a) replace Your covered item with a like product, or (b) Refund You (only) for the retail price of the product at time of purchase, and its related taxes and shipping paid, less promotional, sales and other merchant or third party credits applied at time of checkout, (the “Refund”), in ConvoyOP’s sole and absolute discretion, subject to the restrictions and terms and conditions herein and and any applicable ConvoyOP/Merchant agreement(s) (also, the “Service(s)”
Any replacement or refund of a covered order item shall only apply to products that:
Have an active, valid package tracking number provided by the Carrier (the “Tracking Number”).
Services shall not apply to Orders and/or partial orders which either:
Were mailed in packages without a Tracking Number, or
Were mailed in packages with an incomplete or errored Tracking Number, or
Have a Tracking Number that aged long enough for the Carrier to render the applicable Tracking Number “expired” or “recycled”, or
Are not trackable due to Carrier Tracking Number system errors or failures.
ConvoyOP has no control over the issuing, managing or maintenance of Carrier Tracking Numbers and Carrier Tracking systems. As such ConvoyOP shall not be held liable for missing, incomplete, incorrect, errored, expired, or recycled (and the like) Tracking Numbers, nor faulty Tracking Number systems, whatsoever.
Were lost In Transit and never scanned as “delivered” by the Carrier,
Were both delivered to the wrong address (as noted by the carrier) and not recoverable by the intended recipient, or
Have not arrived at the delivery address despite being scanned in as “delivered” by the Carrier,
(altogether, “Lost”), or,
(altogether, also, the “Service(s)”).
THE SERVICES DO NOT INCLUDE INSURANCE TO YOU DIRECTLY, AND YOU ARE NOT AN INSURED PARTY OR ADDITIONAL INSURED UNDER ANY POLICY. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, ConvoyOP (AND ANY OF ITS REPRESENTATIVES, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS AND OTHERWISE) IS NOT AN INSURANCE PROVIDER OR A REGISTERED INSURANCE AGENT, AND IS NOT PROVIDING INSURANCE SERVICES. THE ORDER PROTECTION AND ANY SERVICES ARE NOT INSURANCE PRODUCTS. CONSEQUENTLY, ConvoyOP IS NOT GOVERNED BY INSURANCE LAWS OF ANY STATE OR COUNTRY, BUT THESE TERMS & CONDITIONS GOVERN THE PARTIES RIGHTS AND OBLIGATIONS.
7. EXCLUDED ITEMS. The Services do not cover the following without specific, prior written notice from ConvoyOP: any and all used, pre-owned, refurbished or out of box products; orders of more than $250,000 USD for any one vessel or conveyance per any one account, any one package or shipment valued at more than $5,000 USD except for fine art valued at no more than $10,000 USD per piece, and any one package or shipment greater than $2,500 USD containing a desktop computer, laptop, tablet, mobile/smart phone and/or watch, and any item(s) or order(s) actively under dispute with Your payment provider including but not limited to requesting a refund, disputing a charge, or claiming fraud (“Payment Dispute”) with Your bank, credit card carrier, Paypal, Venmo, ApplePay, Google Pay and the like (“Payment Provider”) (Unless, You provide proof that the Payment Dispute has been withdrawn without payment from Your Payment Provider), (“Shipping Protection Limit”). ConvoyOP reserves the right, in its sole and absolute discretion, to change the rate for the Services for products that are compliant with the Shipping Protection Limit but are collectibles, one of a kind, unique in nature, have a high replacement cost, or have a higher propensity to be Damaged In Transit or Stolen; in the determination of ConvoyOP.
8. SERVICE COVERAGE LIMITS. ConvoyOP will require photographs when damage is reported in order to assess whether Services apply subject to the following Damage Exclusions: Services provided by ConvoyOP do not apply to (a) “Cosmetic Damage” including, but not limited to, torn protective plastic wrap, split packaging seem(s), smashed box corner(s) that do not impair use of the packaged product, bent, wrinkled, or scratched packaging, and similar, and (b) “Manufacturer Defect(s)” which include defective merchandise and damage caused prior to shipping and handling (together, the “Damage Exclusions”). In the event of a Manufacturer Defect, You should contact the manufacturer directly. Shipments containing Cosmetic Damage will be referred over to the online retailer or seller in which You made your online purchase. The Services do not guarantee the delivery of “collectables” in “mint condition”, such claims will be reviewed on a case-by-case basis.
The Services do not cover orders or packages that are designated by the Carrier as “returned to sender”, “undeliverable”, “no address found” or otherwise undeliverable and any duties or taxes are not covered in such a scenario. Orders or packages seized by Customs agencies and authorities anywhere in the world will not be covered. The Services do not cover orders and packages lost in transit to a forwarding address. If the Carrier has noted that an individual signed for a delivered package, then the package will not be categorized as lost, stolen, or damaged, and the Services will not apply to that package or order. The Services do not apply in instances when items were not actually shipped by the website You made Your purchase from or their shipping partner.
9. CANCELLATION OF SERVICES. When You review Your cart on a merchant’s website, You may automatically be opted into purchasing the Services. If You wish to not purchase the Services, You may uncheck the applicable pre-selected box. You may cancel the Services prior to check out by unchecking the box, but refunds after payment are typically disallowed and may only be provided in ConvoyOP’s sole and absolute discretion.
10. CLAIMS UNDER THE SERVICES. Claims for orders and packages marked “delivered” by the Carrier must be filed after two (2) days and before ten (10) days from when the package was marked as delivered. Claims for packages presumed to be lost (where the status is not “delivered”) must be filed after three (3) days and within twenty-one (21) days from the last checkpoint from the Carrier. Notwithstanding the foregoing, during “Peak Order Season” claims for packages presumed to be lost (where the status is not “delivered”) must be filed after ten (10) days and within thirty (30) days from the last checkpoint from the Carrier. For purposes of these Customer Terms & Conditions, “Peak Order Season” shall be from November 1 through December 31 of any year. Claims for items marked as “delivered” that You did not receive must be reported stolen for the Services to apply. A Police Report for items valued over one hundred twenty-five dollars ($125) must be filed after two (2) days and within ten (10) days of the date the package was “delivered”. Should the claim be approved and resolved by ConvoyOP, it will be deemed to be in full settlement and satisfaction of all claims and demands by the customer. You agree to cooperate with and to assist ConvoyOP in affecting recovery on Your account including providing all documentation or other information which may be necessary. (Refer to “Chart 1”, “Chart 2” and “Chart 3” below.)
11. INTERNATIONAL CLAIMS UNDER THE SERVICES. For any order originating or delivered outside the continental United States of America (an “International Order”) claims for orders and packages marked “delivered” by the Carrier must be filed after two (2) days and before ten (10) days from when the package was marked as delivered. For International Order claims presumed to be “Lost” (where the status is not “delivered”) please review “Chart 1” below for initial and deadline claim reporting times. On International Orders a shipment may be picked up by a freight forwarding company who retrieves the shipment from port to ship overseas, once a package is delivered to the freight forwarding company address it is considered “delivered”. Please refer to “Chart 2” for Stolen item details, and “Chart 3” for Damaged item details.Chart 1. Lost
|LOST PACKAGES||A package is considered lost in transit ("Lost") when it 1) is not* marked as "delivered", and 2) has not moved since it was last scanned by the shipping carrier for a specified amount of time.|
|Region / Country||How many days after the last Carrier scan do I need to wait before I report my package as "Lost"?**||What is the "Lost" package reporting deadline? (What is the maximum number of days after the last Carrier scan that I can report my package as "Lost"?)||Is there anything I can do to process my claim faster?|
|Contiguous States (USA)||3||21||Please be sure to refer to the package tracking status when applying the previous reporting timelines.|
|Hawaii / Alaska / PR||5||24||Same as above.|
|Canada||14||30||Same as above.|
|Europe||20||36||Same as above.|
|Asia/China/ Hong Kong/Taiwan; Australia / New Zealand/ Oceania; Caribbean / Central America||30||46||Same as above.|
|Russia||35||51||Same as above.|
|South America||40||56||Same as above.|
|*For packages marked "delivered", please refer to "Stolen Packages".|
|STOLEN PACKAGES||A package is considered "Stolen" if it has been marked "delivered" by the shipping Carrier, yet it is not found at the delivery address.|
|Region / Country||How many days after my package was marked "delivered" may I report my||What is the "Stolen" package reporting deadline?||Is there anything I can do to process my claim faster?|
|package as "Stolen"?|
|All||Two (2) days. You may report a package stolen after two days, as there are instances when packages are marked delivered, and arrive the following day.||Ten (10) days after marked "delivered"||For claims valuing $125.00 or more, a theft report from your local authority will be required. Please proceed with filing then submitting your completed theft report to ConvoyOP.|
|DAMAGED ITEMS||Qualified items are considered "Damaged" if they are Damaged In Transit. Cosmetic Damage and Manufacturer Defects do not apply.|
|Region / Country||How many days after my package was marked "delivered" may I report my ordered item(s) as "Damaged" In Transit?||What is the "Damaged" item(s) reporting deadline?||Is there anything I can do to process my claim faster?|
|All||Once received you may report any items Damaged In Transit immediately.||Not to exceed ten (10) days from the date the item was marked "delivered"||Have photos of the Damaged item(s) and its packaging ready to send to ConvoyOP.|
12. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Service, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content You provide or transmit, or that is provided or transmitted using Your account. The burden of proving that any Content does not violate any laws or third-party rights rests solely with You. ConvoyOP has in place certain legally mandated procedures regarding allegations of copyright infringement. ConvoyOP reserves the right to determine and control all aspects of the Services and our trade dress, as well as the right to re-design, modify, and remove any or all aspects of them. ConvoyOP has adopted a policy to investigate any allegations of copyright infringement brought to its attention. If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want ConvoyOP to delete, edit, or disable the material in question, You must provide ConvoyOP with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ConvoyOP to locate the material; (d) information reasonably sufficient to permit ConvoyOP to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to ConvoyOP’s designated agent at (Le Ventures, LLC is the member of ConvoyOP):ConvoyOP, LLC
13. AUDIT; ALLEGED VIOLATIONS; SUSPECTED FRAUD. To ensure that ConvoyOP can continue to provide a high-quality experience at an affordable rate for You and for other users of the Services, ConvoyOP and its agents and representatives may occasionally access, without notice to You or prior consent from You, Your account and records to conduct internal audits, investigate complaints or allegations of abuse, infringement of third-party rights, other unauthorized uses of the Services, and suspected claim or other Services related fraud (the “Special Access”). Except as required by law ConvoyOP shall not disclose the existence or occurrence of such an audit or investigation, or of its related Special Access. ConvoyOP reserves the right to close a Claim without refund or replacement, and/or terminate Your account or Your access to the Services without notice to You or prior consent from You [and without contest, liability (including consequential, punitive, or other damages), or penalty] if ConvoyOP reasonably believes that You have violated any portion of the “Terms & Conditions”, furnished ConvoyOP with false or misleading information, withheld information, or interfered with use of the the Service by others.
14. RISKS. Consumers who violate these Terms and Conditions or who pose an unacceptable risk of loss as determined by ConvoyOP, in ConvoyOP’s sole discretion, may be deemed an unacceptable risk by ConvoyOP and ConvoyOP may rescind the Services, from the customer and any orders deemed an unacceptable risk. In such an event, any amount collected by ConvoyOP will be refunded.
15. NON-SOLICITATION. If You intend to use the Services for business or commercial purposes, the following restrictions apply. You will not for any reason solicit, recruit, or encourage any customer, employee, or consultant of ConvoyOP to reduce, alter, or terminate its business or employment relationship with ConvoyOP or to divert any customer of ConvoyOP away from ConvoyOP. ConvoyOP shall be Your sole provider of the Services, and You agree that You and any successors or affiliates will not offer the Services of any kind without the necessary licenses and permits from all federal and state regulatory bodies, and without the express written consent of ConvoyOP. Further, You agree that ConvoyOP shall be entitled to all equitable relief to the extent permissible by law in addition to monetary damages for breach of these Terms and Conditions.
16. NO WARRANTIES ConvoyOP HEREBY DISCLAIMS ALL WARRANTIES. You have been informed and acknowledge that ConvoyOP makes no claims as to whether the Services will work for its intended purpose. ConvoyOP IS MAKING THE SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ConvoyOP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ConvoyOP DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE THAT IS UTILIZED TO PROVIDE THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
17. LIMITED LIABILITY ConvoyOP’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ConvoyOP BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), INCLUDING DEATH OR BODILY HARM TO YOU OR ANY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY OTHER INFORMATION OR RESOURCES PROVIDED TO YOU BY ConvoyOP OR OTHERWISE, WHETHER DUE TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE ConvoyOP OR ITS AFFILIATES, AGENTS, REPRESENTATIVES, OWNERS, EMPLOYEES, OR OTHERWISE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
18. TERMINATION BY ConvoyOP ConvoyOP may modify or discontinue the Services, or may modify, discontinue, or terminate Your access to the Services, for any reason, with or without notice to You in its sole and absolute discretion without any liability to You or to any third party. ConvoyOP will not be responsible for refunding or otherwise paying any funds, amounts, or credits that may be owed to You if ConvoyOP has suspended or terminated Your permission to use the Services. These Terms and Conditions shall continue to bind You after Your right to use the Services is terminated and will remain enforceable against You, including reimbursement for unpaid amounts owed by You to ConvoyOP.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE. Should You believe that ConvoyOP’s Services have violated Your intellectual property rights (“I.P.”), or those of an individual or entity for which you are an authorized agent, please immediately and in writing provide the following information: Detailed explanation of precisely what script, action, or otherwise of ConvoyOP is allegedly infringing with details specifying when the action is occurring and/or allowing ConvoyOP to easily locate and identify the infringed upon matter (screen prints are encouraged); a detailed description of the outside I.P. exclusive right that is allegedly infringed, the name of its owner, their contact information (if other than You), and the name and contact information of their authorized agent (if other than You). In addition, You will need to provide a written statement indicating that You have taken reasonable care to ensure that Your I.P. concern is legitimate, that “In good faith, (You) have taken reasonable care to verify the nature of (Your) concern, and as such (You) have a belief that use of the material in the manner complained of (as detailed above) is not authorized by the copyright owner, its agent, or the law; under penalty of perjury, the information in this notification is accurate, and that (You are) authorized to act on behalf of the owner of the exclusive right that is allegedly infringed” along with Your written or electronic signature as either said owner, or its authorized agent.
20. RECOMMENDATIONS/PROMOTIONS. From time to time, We may mention, promote, evaluate, analyze, or otherwise refer to other brands, products, companies, services, information, resources, and otherwise (“Promoted Content”) to You through email or other communications where the rights, products, or services of which are not owned by Us. In this case, if legally obligated to, We have obtained the permission from the owners of the Promoted Content. We may or may not be paid for publishing the Promoted Content through our communications to You. You acknowledge and agree that the Promoted Content is provided for informational purposes only. You should evaluate whether the Promoted Content, and any related products or services, are right for You independently. If You purchase any such Promoted Content, rights, products, or services from these companies, You will enter into an agreement with them regarding Your use and purchase, and those terms and conditions shall govern. In accordance with these Customer Terms & Conditions, We shall not be held liable to You or any third parties for Your purchase, use, or otherwise of any such Promoted Content, including, without limitation, any rights, products, or services.
21. AFFILIATED SITES. ConvoyOP has no control over and no liability for any third-party websites or materials that are provided to You through communications and other means. ConvoyOP works with a number of partners and affiliates whose Internet sites may be linked with communications such as emails, including to sites owned by owners of Promoted Content. Because ConvoyOP has no control over the content and performance of these partner and affiliate sites, ConvoyOP makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and ConvoyOP assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. You acknowledge that (a) the listing by ConvoyOP of these partners and affiliates do not constitute an endorsement of them by ConvoyOP, (b) their services or goods are not guaranteed, and (c) there is no partnership or other legal relationship, except that We may receive payment as indicated above. Similarly, from time to time in connection with Your use of the Services, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that ConvoyOP makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Customer Terms & Conditions shall not govern Your use of any and all third party content.
22. PROHIBITED USES. ConvoyOP imposes certain restrictions on Your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, the following regarding the Services or the Software utilized to provide the Services: (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ConvoyOP in providing the Site or Services. Any violation of system or network security may subject You to civil and/or criminal liability.
23. INTERNATIONAL USERS. Services may be available in countries around the world and some Services may not be available in Your country. Services are controlled and operated by ConvoyOP from its offices in the United States of America, and ConvoyOP makes no representations that Services are available in or appropriate for other locations. Those who access the Services from other countries do so at their own volition and take full responsibility for their compliance with applicable local, territorial, and national laws.
24. COMMUNICATIONS. You consent to receive communications from ConvoyOP via electronic means including but not limited to apps, the Services, the Site including updates and publications, and email; and You agree that all terms and conditions, agreements, notices, disclosures, and other communications related to this Agreement that ConvoyOP provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document.
25. INDEMNITY. You agree to indemnify ConvoyOP for Your acts and omissions. You agree to indemnify, defend, and hold harmless ConvoyOP, its affiliates, officers, owners, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site or Services, Your violation of these Customer Terms & Conditions, or Your infringement, or infringement by any others of any intellectual property or other right of any person or entity. ConvoyOP will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
27. SEVERABILITY; WAIVER; HEADINGS. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Customer Terms & Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Customer Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The headings used in these Customer Terms & Conditions shall not have any meaning, and are used for reference purposes only.
28. NO LICENSE. Nothing contained on the Site or by use of the Services should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by ConvoyOP or by any third party.
29. NO PURPOSEFUL AVAILMENT The Site, Services, and Software is controlled and operated by ConvoyOP from its offices in the State of Nevada. Your use of or access to the Site should not be construed as ConvoyOP’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
30. MODIFICATIONS ConvoyOP may, in its sole discretion and without prior notice, (a) revise these Customer Terms & Conditions; (b) modify the Site and Services; and (c) discontinue the Site and Services at any time. ConvoyOP shall post any revision to these Customer Terms & Conditions to the merchant’s website and the product descriptions for the products that were ordered on the merchant site to which these Customer Terms & Conditions apply, and the revision shall be effective immediately on such posting. You agree to review these Customer Terms & Conditions and other online policies posted on the merchant sites periodically to be aware of any revisions. You agree that, by ordering products from merchant sites following notice of any revision, You shall abide by and are bound by any such revisions.
32. ACKNOWLEDGEMENT. BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS AND AGREE TO BE BOUND BY THEM.