NRG Software
NRGship® and NRGvalidate® are trademarks of NRG Software, LLC.
UPS
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FedEx
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NRGship Terms and Conditions
Effective 5/25/2018
IMPORTANT – READ CAREFULLY: The NRGship Software (the “Service”) is owned and operated by NRG Software, LLC., (“NRG”), a Wisconsin corporation, and is provided to you (“You”) under the terms and conditions of these NRG Terms of Service (“Terms”).
BY COMPLETING THE NRGSHIP TRIAL PROCESS, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
DESCRIPTION OF SERVICE.
The Service provided by NRG allows You to process shipments using 3rd Party shipping services including, but not limited to UPS, FedEx, Endicia and Freightquote.com.
REGISTRATION
To use the Service, You must submit a complete NRGship registration form as prompted when opening the software for the first time. As part of the registration process for the Service, You agree to: (1) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data (“Registration Data”). If NRG discovers that any of Your Registration Data is inaccurate, incomplete or not current, NRG may terminate Your right to access and receive the Service immediately upon notice. NRG will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. NRG may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. NRG reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. NRG need not provide a reason for its rejection. If NRG rejects Your application, then You may reapply and NRG will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to NRG, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with NRG and will become a subscriber to the NRGship Service.
SERVICES
(a) Description of Service. NRGship is a desktop software application and service that provides the registered user with the ability to ship using 3rd party shipping services. NRG may make the NRGship Service available under a number of different subscription plans. To use the NRGship Service you will need to download the NRGship software to each computer that you intend to use with the NRGship Service. Each computer that you intend to use with NRGship must also maintain a connection with the Internet in order to get rates and produce shipping labels for your shipments.
(b) Fees and Payments. You can always find the current Subscription Fees and charges posted on the NRG Web site. Your subscription will continue and renew automatically unless terminated by NRG or until You notify NRG of Your decision to change Your subscription renewal.
NRG may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. All fees and charges incurred in connection with Your user name and password will be billed to the credit card designated during the registration process for the NRGship service or subsequently designated to NRG. You also are responsible for any fees or charges incurred to access the NRGship service through an Internet access provider or other third party service. YOU, AND NOT NRG, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
(c) Cancellation. Your NRGship account must be closed prior to the end of the subscription period to avoid any service fees. Based on the billing plan you select, you will be charged should the account not be closed within the trial period. As long as its account is not closed, a customer will continue to be billed the appropriate full service fee agreed to.
Users in trial mode must provide a payment method after the trial has completed. Users are free to cancel their plan at any time. Monthly plan subscribers who cancel after the free trial has expired will be billed for the current month, and be able to use the service for that month, but won’t be billed again. Annual plan subscribers who cancel after the free trial has expired will have already been billed for the current year, and be able to use the service during that year, but won’t be billed again when the account expires.
(d) Credit Cards. As a condition to your right to use the Service, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize NRG, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You.
USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Service. Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, any downloadable software, plug-in, or other materials or any information obtained by You without the express written consent of NRG.
(b) Conduct. You are solely responsible for the content of Your transmissions through the Service. NRG does, however, reserve the right to take any action with respect to the Service that NRG deems necessary or appropriate in NRG’s sole discretion if NRG believes You or Your transmissions or use of the Service may create liability for NRG. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user’s use and enjoyment of the Service.
(c) Proprietary Rights. In accordance with Your authorized use of the Service, NRG grants You a limited license to use any software, plug-in, or other materials or any information obtained by You solely in connection with the Service offered by NRG. You acknowledge that the plug-in downloaded in connection with the Service is proprietary to NRG and may be protected by, whether registered or not, copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this software as expressly authorized by the Service and these Terms. Further, NRGship, NRG and the NRG and NRGship logos, and other names, logos, icons and marks identifying NRG’s products and services are trademarks of NRG and may not be used without the prior written permission of NRG. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of this plug-in without expressly being authorized to do so by NRG. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the plug-in. All rights not expressly granted in these Terms are reserved to NRG.
PRIVACY
NRG will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when:
a) NRG has established relationships and agreements with 3rd parties that require the submission of some customer information required by 3rd parties for tracking purposes OR
b) We have Your consent to share the information OR
c) We find your actions on our Web site violate this Terms of Service OR
d) We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as NRG, in its sole discretion, believes necessary or appropriate.
MODIFICATIONS
NRG may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.nrgsoft.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to NRG. You are responsible for regularly reviewing the https://www.nrgsoft.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, NRG reserves the right to modify or discontinue the Service with or without notice to You. NRG shall not be liable to You or any third party should NRG exercise its right to modify or discontinue the Service
PASSWORDS AND SECURITY
As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to the NRGship software and Service. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify NRG of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
TERMINATION
NRG may immediately terminate Your membership and right to use the Service if (a) You breach these Terms; (b) NRG is unable to verify or authenticate any information You provide to NRG; (c) such information is inaccurate; or (d) NRG decides, in its sole discretion, to discontinue offering the Service. NRG shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by NRG.
MAINTENANCE & UPDATES
You understand that NRG may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that NRG supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless NRG indicates otherwise. NRG reserves the right to charge fees for any future versions of, or updates to, this Software.
ADDITIONAL SERVICES
NRG Software offers additional services like InsureShield Shipping Insurance. NRG will bill your credit card on file monthly for any additional service fees incurred.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. NRG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NRG MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES NRG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING SOFTWARE, PLUG-INS, AND OTHER MATERIALS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NRG OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NRG OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF NRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NRG’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You hereby agree, at Your expense, to indemnify, defend and hold NRG harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against NRG arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
GENERAL TERMS
These Terms are governed in all respects by the laws of the State of Wisconsin as such laws are applied. Both parties submit to personal jurisdiction in Wisconsin and further agree that any cause of action relating to these Terms shall be brought in a court in the Circuit Court of St. Louis County, Wisconsin. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In the event of any litigation arising out of or relating to this Agreement, including asserting any legal claim, the prevailing party shall be entitled to receive all its attorneys’ fees and litigation costs and court costs from the other party. NRG’s failure to act with respect to a breach by You does not waive NRG’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party’s successors and assigns. NRG shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond NRG’s reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.
Privacy Policy
Effective 5/25/2018
This privacy policy (“Policy”) describes how NRG Software and its affiliated companies (“NRG” or “us” or “we”) collect, use, and share the information you provide to us or we gather from you while you access or use www.nrgsoft.com (the “Site”), the NRGship applications (the “Apps”), and related services that link to this Policy (together, the “Services”).
We may also supplement this Policy with other privacy notices in the Services. This Policy applies only to information collected by us through the Services and does not apply to services that link to other privacy policies, including any third-party websites or services you connect to from our Services, such as travel partners, social-networking platforms, and third-party ads. NRG is not responsible for the privacy practices or content of such third parties. We encourage you to read the privacy statements of those third parties.
We collect and process personal information about you with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
Personal Data Collected
As used in this Policy, “Personal Data” means information relating to you as an identified or identifiable individual. We collect Personal Data in various ways when you use our Service.
Information Provided by You. When you create an account with NRG, we collect information that you provide directly to us. For example, as part of activating an account with NRG, we collect your email address, password, contact and address information. When you signup for the Service, we we will also collect payment details. When you communicate with our customer support teams, we collect these communications and the information that you may provide to provide you support. We may also obtain information from other sources and combine that with information we collect on our Service.
Information About Your Use of the Service. When you use the Service, we collect information about your carrier accounts and other data, such as the date and time when you initiated the request. We also collect the location from which you initiated the search using either your Internet protocol (IP) address, if you are using the Site. We may collect information about how you use the Service, including information about your clicks and interactions on the Services. We may retain this information and associate it with your profile information.
Third-Party Logins. You can sign in to access order information on third-party websites. These providers will share certain Personal Data with us as described in their sign-in notices or in their privacy policies, which might include information such as your order history and other public information. We encourage you to review prior to signing in through the applicable service.
Cookies, Analytics, and Tracking. When you use our Services through the Site or Apps, some information such as IP, device or browser information, logs, or clickstream information is automatically collected about your usage and activity to address technical support issues, understand how you use the Site, and to deliver advertising tailored to your interests. NRG may use certain tracking technologies such as cookies, web beacons, or third-party analytics tools to obtain such information. You may find out more about the various tracking tools used on the Site and the choices you have by following the Cookie Preferences link on the Site footer.
How Personal Data is Used
NRG will use Personal Data as described in this Policy and as disclosed to you in the Services, which include for the following purposes:
- Operating, hosting, maintaining, connecting, and improving the Services.
- Personalizing and customizing your Services experience, content, marketing, and recommendations, including to target content and services to more closely match your interests or location.
- Responding to your comments and questions and providing customer service.
- Updating you on new features and functionality of the Services, as well as promotional materials and offers, and other news and information about products and services offered by NRG, other affiliated companies, and our selected partners.
- Providing you information via email or another form of electronic notification related to your use, requests, and purchases, such as transaction confirmations, invoices, technical notices, and other notices about security, privacy, and administrative issues relating to your use of the Services.
- Enforcing our terms and conditions or protecting our business, partners, or users.
- Protecting against, investigating, and deterring fraudulent, unauthorized, infringing, or illegal activity.
- Linking or combining with other personal information we get from third parties, to help understand your needs and provide you with better service
How NRG Shares Personal Data
If ship packages using our Services, we provide the transaction details you give us to the carrier partners to process the transaction.
We also share your information with third parties as described in this Policy and on the Services and as follows:
- With your consent
- With third-party vendors, consultants, and other service providers that are working on our behalf and need access to your information to provide specific services to us as part of the Services, such as credit card processing companies, or hosting, email messaging, or SMS providers.
- As required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served to us.
- When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of NRG, our users, or others; and in connection with the enforcement of our terms and contracts.
- In connection with a corporate transaction, such as a divestiture, merger, acquisition, consolidation, or asset sale, or in the unlikely event of bankruptcy. We may assign or transfer your information as part of the transaction.
Choices You Have Regarding Personal Data
We give you the choices regarding your information described in this Policy.
If you otherwise wish to ask for access, correction, or deletion of any of your information held by us, or a change in the way we use your information, please contact us at: info@nrgsoft.com. We reserve the right to charge you a fee, as permitted by applicable law, and may decline requests that are unreasonable, prohibited by law, or are not required to be honored by applicable law.
You can update certain profile information associated with your account at any time through your account preferences page on the Service.
Email Choices. You can manage your email preferences through the selections within the Site by updating your profile settings. You can also unsubscribe from promotional emails by: (1) following the unsubscribe instructions in our emails; or (2) emailing us at info@nrgsoft.com. You may update your email preferences from time to time. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account and your use of the Service. For example, even if you have unsubscribed from our email messages, we will still send you emails relating directly to a travel booking or travel profile created through the Service or confirming registration.
Cookies, Analytics, and Tracking. ou also have choices regarding some of the technologies used to track your use of the Services. You may find out more about the various tracking tools used on the Site and the choices you have by following the Cookie Preferences link in the footer of the Site. Note that the settings are limited to the particular browser installed on a particular device. So if you use Services with different browsers or different devices, including a mobile device, you may have to disable the tracking cookies in the browsers of all relevant devices. It may not always be possible to disable cookies in the App, and disabling cookies on the Site will not disable tracking technologies on the App. We may not recognize or respond to every type of “do not track” signal or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer’s online activities over time and across third-party websites or online services, but we give you certain choices about how we collect Personal Data as described in this Policy. For more information on how we collect Personal Data for these purposes, see the Cookies, Analytics and Tracking sections above.
European Users
NRG adheres to applicable data protection laws in the European Economic Area (EEA), which, if applicable to you, include the following rights:
- Where processing of Personal Data is based on your consent, you have a right to withdraw consent at any time for future processing.
- You have a right to request access to, rectification, or erasure of your Personal Data, or to transfer or receive a copy of your Personal Data in a usable format.
- You have a right to object to the processing of your Personal Data under certain circumstances.
- You have a right to lodge a complaint with an applicable data protection authority.
NRG Software, LLC. is the controller of your Personal Data for the Services.
If applicable under French law, you can also send us specific instructions regarding the use of your personal information after your death by contacting us at info@nrgsoft.com.
The services hereunder are not intended for use by the citizens of the Russian Federation who reside in Russia. If you are a Russian citizen residing in Russia, you are hereby notified that any Personal Data that you input into the services will be solely at your own risk and responsibility. You explicitly agree that we may accumulate your Personal Data and will process this data in the United States and in other countries, and that you will not hold NRG accountable for any potential nonobservance of the Russian Federation legislation.
The Security of Your Information
We maintain data handling and storage practices and procedures that are designed to promote the integrity and confidentiality of the Personal Data. No method of transmission over the Internet or method of electronic storage is completely secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We retain your Personal Data for as long as necessary to provide the Services and for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. In many cases, we will delete inactive accounts and associated profile information after two years of inactivity. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly. The criteria used to determine retention include (1) the length of time Personal Data is needed to provide the applicable services (such as maintaining and improving the performance of the Services, enabling system security measures, and maintaining appropriate business and financial records); (2) if users have provided, created, or maintained Personal Data with the expectation that we will retain it until they affirmatively remove it (in which case we may maintain the data until actively deleted by the user); (3) whether the Personal Data is of a sensitive type (a shortened retention time may be appropriate); and (4) whether we are subject to a legal, contractual, or similar obligation to retain the data (such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data, or data that must be retained for the purposes of litigation).
Updates and Questions
We may update this Policy from time to time without notice to you other than posting the revised policy on the NRG Services or by providing such notice about or obtaining consent to changes as may be required by applicable law. If we change our Policy, we will post those changes to this Policy and change the effective date above. We encourage you to periodically review this page for the latest information on our privacy practices.
If you have any questions about this Policy, or to file any complaint regarding this policy, please contact us at the following address:
NRG Software, LLC.
520 GA-247 #158
Bonaire, GA 31005
USA
Attention: Privacy Manager/NRG
Telephone: (262) 432-0934
info@nrgsoft.com
NRG will investigate and attempt to resolve complaints and disputes regarding the collection, use, and disclosure of personal information by referencing the privacy principles stated in this Policy.