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Setup Information
Before you begin - Things to note:
Your instance is in an isolated database and url created only for
your data
All data is encrypted and secured at the data center
We only use your data to fulfill shipping requirements or notifications
We obfuscate any personally identifiable information after 60 days
Customer Service / Shipping Email Address*
Usually a business email address for your shipping operation person. This will also become the initial administrative account login.
Make sure you can check this email!
Your Shop or Business Name *
Please provide the company name, or your first and last name.
Domain prefix / unique and secure login url:
https://
myshipping
.cannonwms.com*
.cannonwms.com
Referral Agency Code
If you are an agency and have a code given to you please put it here. Otherwise, leave it blank
Terms of Use
Privacy Policy & Terms Last updated: March 18, 2022 Privacy Policy --------------- ClickSimple INC (d/b/a CannonWMS) (CannonWMS, "we", "our" or "us") offers a software platform and suite of services intended to help our Customers run their businesses more efficiently and effectively. We collect data about these businesses and their customers and end users (“Data”) when they use the platform, the services, and our websites. This privacy policy (the “Privacy Policy”) describes how we collect, use and disclose Data. Applicability of this Privacy Policy This Privacy Policy applies to CannonWMS’s online service tools and platform, including, without limitation, the associated CannonWMS mobile and desktop applications (collectively, the “Services”), CannonWMS.com and other ClickSimple INC websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, etc.) you may have with CannonWMS. If you disagree with the practices or terms described in this policy, you should (a) take the necessary steps to remove cookies from your computer after leaving our website, and (b) discontinue your use of or access to our Services, Websites, or any other aspect of CannonWMS’s business. This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the CannonWMS platform (“Third Party Services”), or any other third-party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization that entered into the Customer Agreement (“Customer”) controls its instance of the Services and any associated Customer Data. If you have any questions about specific Customer settings and privacy practices, please contact the Customer whose workspace you use. Applicable Law We comply with relevant privacy laws, including the European Union’s General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”). Types and Categories of Collected Data --------------- 1. Personal Data. Data that identifies, or that could reasonably be used to identify, an End User as an individual, or our Customer as an individual, is considered “Personal Data”. We collect Personal Data when an End User registers for an CannonWMS account, and when a Customer sends us data. The Personal Data we collect includes contact details such as name, email address, phone number, and address. We only collect Personal Data that is relevant to providing and improving our Services for our Customers to fulfill their shipping obligations to their End Users. 2. Other Data. Data other than Personal Data is considered “Other Data”. Other Data includes, for example, collecting files that record interaction with the Service (System Logs) or other Personal Data (such as IP Address) for operation, security and maintenance purposes. CannonWMS collects, generates and/or receives Other Data through a variety of sources, including when submitted to our Websites, participation in a focus group, contest, activity or event, applications for employment, request support, interactions with our social media accounts or otherwise communicate with CannonWMS. One particular source for Other Data is Cookies and similar technologies that record Data about the use of our Websites, and the use of our Services generally. Other Data that we may collect includes browser and device data, transaction data, Cookie and tracking technology data, and authorized third-party account data. Certain Data is collected automatically and, if some Data is not provided, we may be unable to provide the Services. How We Use and Process Collected Data We use and process Data to provide our Services, in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. We take careful steps to ensure that the Data is (i) needed for CannonWMS’s Services, and (ii) accurate, complete, and current. Specifically, CannonWMS uses and processes collected Data in the following ways: * Personal Data. We use Personal Data to provide the Services, contact the End User and Customer in the ordinary course of business, authenticate the End User and Customer, handle payments, respond to inquiries, send service notices, and provide customer support. CannonWMS will share and disclose Personal Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process. NOTE: WE DO NOT SELL PERSONAL DATA TO THIRD PARTIES UNDER ANY CIRCUMSTANCES. * To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Data to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an authorized Customer’s request. * As required by applicable law, legal process or regulation. * To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Data to respond. * To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. When CannonWMS collects information through its marketing activities (including website and conference visitors, webinar subscribers and newsletter recipients), we act as a “Data Controller” as defined under GDPR—relying upon GDPR Sections 6(1)(a), (b), (c) and (f) for the lawful right to process your data—and as a “Business” as defined under CCPA. * For billing, account management and other administrative matters. CannonWMS may need to contact you for invoicing, account management and other similar reasons, and we use account data to administer accounts and keep track of billing and payments. * To investigate and help prevent security issues and abuse. How We Share and Disclose Information --------------- This section describes how CannonWMS may share and disclose Data. 1. Data Processor. Generally, where CannonWMS provides services to a Customer, the Customer acts as the Data Controller and processes the Data of End Users, including Other Data. Where the Customer is the Data Controller, the Customer represents and warrants that it shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data. CannonWMS acts as the Data Processor on behalf of its Customers. When acting as a Data Processor, we use the following subprocessors: Amazon Web Services and Voonami. We require, by contract, that these subprocessors adhere to standards substantially similar, and at least as protective, to those set forth herein and provide the same level of protection as required by the Privacy Shield Principles. 2. Non-Discrimination. CannonWMS does not differentiate or discriminate between how it treats its End Users, whether or not they exercise their rights under the CCPA. This means we do not charge different prices or rates for goods or services, including through the use of discounts or other benefits, imposing of penalties, or providing a different level or quality of goods or services to you, based upon your exercise of rights under the CCPA. 3. Third Party Service Providers and Partners. We may engage third-party companies or individuals as service providers or business partners to process Other Data and support our business. 4. To Comply with Applicable Laws, Regulations, or Legal Processes. We may need to disclose Personal Data or Other Data in response to lawful requests by public authorities, where we reasonably believe (i) there are legitimate law enforcement or national security reasons, (ii) such action is necessary to comply with a judicial proceeding or court order, and/or (iii) such action is otherwise required by applicable law 5. To Enforce Our Rights, Prevent Fraud, and For Safety. We may need to protect and defend the rights, property, or safety of CannonWMS or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues. 6. With Consent. CannonWMS may share Personal Data or Other Data with third parties when we have consent to do so. Age Limitations ---------------- We do not collect data from individuals under the age of eighteen (18) years old. If you are a parent or guardian and believe CannonWMS has collected information from anyone younger than eighteen (18) years old, please contact us at so that we may verify and subsequently take steps to delete any such information. Place of Processing The Data is processed by CannonWMS in the United States. Data Retention Time ---------------- The Data is kept by CannonWMS for the longer of the time necessary to provide the service requested by the Customer, as stated by the purposes outlined in this document, and the time required by CannonWMS's contractual obligations with the United States Post Office and other shipping and fulfillment providers. CannonWMS will adheres to Amazon Data Protection Policy guidelines and requirements. After 30 days we will obfuscate any personally identifiable information on orders that originated from an Amazon MWS account as required by the amazon data protection policy. We will replace all PII including street address, name, phone number and email where applicable to any orders originating from the Amazon Marketplace. Data Security ---------------- We use reasonable, proportionate, and appropriate physical, electronic, and administrative safeguards designed to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data and the risks involved in processing that information. CannonWMS provides periodic training for its employees involved in the collection, protection and dissemination of Data in accordance with applicable law. The Rights of End Users ---------------- End Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, deleted, updated or corrected. For Customers, you can send a request for data to be supplemented, deleted, updated or corrected from the email account on record with CannonWMS. In addition, you may send such requests by post to the physical address listed below. To opt out of our marketing activities, please send an email to privacy@clicksimple.com. Recourse, Enforcement and Dispute Resolution ---------------- If you have any questions or concerns, please write to us at the address listed below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the Privacy Shield Principles. CannonWMS internal policies and procedures provide for disciplinary action if our employees fail to follow this Privacy Policy. We periodically self-assess and review these internal policies and procedures to ensure compliance with applicable law. Changes ---------------- CannonWMS reserves the right to change, update, modify, alter or amend this Privacy Policy from time to time by giving notice to its Customers and End Users on this page. It is strongly recommended to check this page often to stay informed, referring to the date of the last update listed at the top. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account and/or contact the Customer if you wish to request the removal of Personal Data under their control. Data Protection Officer To communicate with our Data Protection Officer, please email privacy@clicksimple.com Terms of Service - Warehouse Management Software ---------------- CannonWMS services may also include the receipt, storage, picking, shipment, and related administrative functions, including a license to all related CannonWMS Software and documentation (collectively, the "Service(s)"). These Services may require Customer to deliver data to the CannonWMS data center. CannonWMS provides its services subject to the terms and conditions contained in these Terms of Service (this "Agreement"). By signing up for the service via https://setup.cannonwms.com or other mechanism provided you accept the terms of this Agreement. Please review the terms of this Agreement carefully. Once accepted, this Agreement becomes a binding legal commitment. If you have any questions, you can reach the CannonWMS team at hello@clicksimple.comThe Service Fees will be set forth in your Customer Dashboard account. TERMS AND CONDITIONS ---------------- The following terms, when used in this Agreement shall have the following meanings: CannonWMS Software" means either an application programming interface or cloud software for the Services (or feature of the Services) provided to Customer by CannonWMS. Customer Application" means a software application that interfaces with the Services using the CannonWMS Software and includes any services (web-based or other services) made available by Customer in connection with that application. Customer Data" means data and other information made available to CannonWMS through the use of the Services under this Agreement. means all of the instructions, code samples, on-line help files and technical documentation made available by CannonWMS for the Services. End User" means an end user of a Customer Application. 1. SERVICES; GRANT OF RIGHTS ---------------- 1. Subject to the terms of this Agreement, CannonWMS agrees to provide Customer the Services. CannonWMS will provide adequate assurances to efficiently and carefully handle Customer's data and maintain security. CannonWMS will provide, at its sole cost and expense, all utilities necessary to operate the data center Facility and may move Customer data between Facilities securely. CannonWMS shall provide adequate security for the Facilities and contents thereof. 2. Subject to the terms of this Agreement, CannonWMS grants Customer a non-exclusive, non-sublicensable, non-transferable, revocable right to: (a) Use the Documentation and CannonWMS Software as needed to develop Customer Applications; (b) Use the Services through the CannonWMS Application; and (c) Offer and make the Services available to End Users through Customer Applications, in accordance with the Documentation. 3. Customer will be solely responsible for all use (whether or not authorized) of the services and Documentation under its account, including for the quality and integrity of Customer Data and each Customer Application. Customer will take all reasonable precautions to prevent unauthorized access to or use of the Services and notify CannonWMS promptly of any such unauthorized access or use. 4. Customer acknowledges that the features and functions of the Services, including the CannonWMS Software, may change over time. It is Customer's responsibility to ensure that calls or requests Customer makes to the Services are compatible with then-current CannonWMS Software. Although CannonWMS endeavors to avoid changes to the CannonWMS Software that are not backwards compatible, if any such changes become necessary CannonWMS will use reasonable efforts to notify Customer at least 60 days prior to implementation of new CannonWMS Softwares. 5. CannonWMS shall operate at all times as a warehouseman under the Uniform Commercial Code as adopted in the State of Utah. Customer shall not provide goods to CannonWMS as a named consignee. 6. Customer agrees to ship all packages in their correct postal class and using accurate information. In the event that Company discovers that a shipment is incorrectly classified or the weight or dimensions differ, Company reserves the right to re-bill Customer for the correct transportation costs and any additional costs and surcharges associated with such shipment. 2. RESTRICTIONS; RESPONSIBILITIES ---------------- 1. Except as expressly provided in Section 2, Customer will not transfer, resell, lease, license or otherwise make available the Services to third parties. Further, Customer will not offer the Services on a standalone basis under any circumstance. Customer will ensure that the Services are used in accordance with all applicable laws, regulations, third party rights and CannonWMS policies, as well as the terms of this Agreement. Customer will ensure that CannonWMS is entitled (and hereby grants CannonWMS the rights) to use the Customer Data as needed to provide the Services, and Customer will not use the Services in any manner that violates any data protection statute, regulation, order or any similar law. Except to the extent applicable law prohibits such restrictions, Customer will not (and will not permit any third party to), directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, Documentation or data related to the Services; or modify, translate, or create derivative works based on the Services or any software (except to the extent expressly permitted by CannonWMS or authorized within the Services). CannonWMS has no obligation to monitor Customer’s use of the Services, CannonWMS may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 2. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files. 3. Customer will defend, indemnify and hold CannonWMS harmless against any actual or threatened claim, loss, liability, action, proceeding, third-party discovery demand, governmental investigation or enforcement action ("Claim") arising out of or relating to Customer's activities under this Agreement (including any breach hereof) or Customer's acts or omissions in connection with the obligations under this Agreement. 4. All shipments will be shipped correctly within 1 business day or CannonWMS fee will be credited to Customers Account. 3. IP RIGHTS; CONFIDENTIALITY ---------------- 1. As between the parties, CannonWMS exclusively owns and reserves all right, title and interest in and to the Services and CannonWMS Confidential Information and all related intellectual property rights. As between the parties, Customer exclusively owns and reserves all right, title and interest in and to the Customer Data, Customer Applications and Customer Confidential Information, and all related intellectual property rights. 2. Subject to the terms of this Agreement, each party (the "Licensor") grants to the other party (the "Licensee") the right to use and display Licensor's name and marks (the "Licensor Marks") on its website and in other promotional materials solely in connection with its activities under this Agreement. All such use of the Licensor Marks will be in accordance with the Licensor's usage guidelines and will inure to the benefit of Licensor. Licensee will not use, register or take other action with respect to any of the Licensor Marks, except to the extent authorized in advance writing by Licensor. Licensee will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. Licensee will not, at any time, misrepresent its relationship with Licensor. The license described in this Section will terminate automatically in the event of any termination of this Agreement. 3. "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. 4. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law. 5. Notwithstanding anything to the contrary, CannonWMS shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CannonWMS will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CannonWMS offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. 4. PAYMENT OF FEES ---------------- 1. Customer agrees to pay all applicable Services Fees and the prices for postage rates that are returned via the CannonWMS Software. Because shipping rates may change day to day, CannonWMS reserves the right to change the Services Fees or applicable charges and to institute new charges and Services Fees, upon 7 days notice. When purchasing postage directly from CannonWMS, Customer agrees to pay the postage rate purchased via the CannonWMS Software. All Services Fees are payable in accordance with the terms and on the schedule described in the Service. 2. Unless otherwise stated in the Rate Schedule, all Services Fees are exclusive of applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against CannonWMS, and all such taxes, fees and charges will be the sole responsibility of and payable by Customer. Customer will not withhold any taxes from any amounts due to CannonWMS. If Customer’s payment method choice is credit card standard credit card fees (3%) apply. 3. Customers are invoiced monthly for credit card payments and quarterly for payments made via wire transfer or ACH. If credit card payment is not received within fifteen (15) days of the invoice, or wire transfer or ACH payment is not received within thirty (30) days of the invoice, the CannonWMS Service will be terminated. Fees due hereunder will be billed to Customer's credit card and Customer authorizes the card issuer to pay all such amounts and authorized CannonWMS (or its billing agent) to charge the credit card account until Customer or CannonWMS cancels or terminates the CannonWMS Services as set forth above; provided that if payment is not received from the credit card issuer, Customer agrees to pay all amounts due upon demand. Customer must provide current, complete and accurate billing and credit card and ACH (as applicable) information. Customer agrees to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which Customer shall be responsible to pay. 4. Customer will notify CannonWMS in writing in the event Customer disputes any portion of any fees paid or payable by Customer under this Agreement. Customer will provide such notice to CannonWMS within 60 days of the applicable charge and the parties will work together to resolve the applicable dispute promptly. Upon expiration of the 60 day period described in this Section, Customer will not be entitled (and hereby waives any right) to dispute any fees paid or payable by Customer. 5. If Customer fails to time pay any amounts due hereunder, CannonWMS will (without limiting its other rights) be entitled to suspend the Services associated with Customer's account without prior notice to Customer. CannonWMS will not have any liability whatsoever for any damage, liabilities, losses (including any loss profits) or any other consequences that Customer may incur with respect to any suspension of Services pursuant to this Section. 5. TERMINATION ---------------- 1. The term of this Agreement will commence on the Effective Date and continue for an Initial Service Term of 30 days. This Agreement will automatically renew for additional terms unless either party provides notice of non-renewal no less than 15 days prior to the end of a renewal term. 2. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Either party may also terminate this Agreement in the event the other party commits any material breach of this Agreement and fails to remedy such breach within 5 days after written notice of such breach. CannonWMS may also suspend or terminate the Services immediately upon notice for cause if: (b) CannonWMS determines, in its sole discretion, that its provision of any of the Services is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (c) subject to applicable law, upon Customer’s liquidation, commencement of dissolution proceedings, cessation of business, change of control, disposal of Customer’s assets, assignment for the benefit of creditors, or if Customer becomes the subject of bankruptcy or similar proceeding. 3. Upon termination or expiration of this Agreement, all rights and licenses granted to Customer shall immediately terminate, but Customer’s payment obligations, the terms of this Section 6.3 and the terms of the following Sections will survive: Sections 3, 4, 5 and 7-10. 6. WARRANTY AND DISCLAIMER ---------------- 1. CannonWMS shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CannonWMS or by third-party providers, or because of other causes beyond CannonWMS's reasonable control. CANNONWMS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. EXCEPT AS SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. 7. LIMITATION OF LIABILITY 1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL CANNONWMS AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER SIMILAR DAMAGES OR LOSSES, EVEN IF CANNONWMS HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL CANNONWMS BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE SIX MONTHS PRECEDING THE INCIDENT OR CLAIM. 2. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. 8. GOVERNING LAW; DISPUTES This Agreement will be governed by the laws of the State of UTAH, exclusive of its rules governing conflicts of laws. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties agree to the exclusive jurisdiction of the state and federal courts in the City and County of Salt Lake City, UTAH. 9. GENERAL Customer will not assign or otherwise transfer this Agreement, in whole or in part, without CannonWMS's prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void. CannonWMS may assign this Agreement in whole or in part. No modification to this Agreement, nor any waiver of any rights, will be effective unless consented to in a writing signed by both parties. Any waiver of any breach or default by either party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Each party is an independent contractor in the performance of each and every part of this Agreement. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect. Any notice required or permitted to be given hereunder will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, or by overnight delivery. CannonWMS may use Customer’s current address, as provided by Customer in connection with billing and payment activities. CannonWMS’s current address may be found on its website. This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written and contains the entire understanding of the parties on the subject matter hereof. No oral or written information or advice given by CannonWMS, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's control (each, a "Force Majeure Event") if the party makes reasonable efforts to perform. Either party may terminate this Agreement on written notice to the other party if the Force Majeure Event continues more than 30 days. Contact Information ----------------- Please feel free to contact CannonWMS if you have any questions about this Privacy Policy or CannonWMS practices or terms of service. CannonWMS will respond within the timeframe as required by applicable law. You may contact us at (866) 845-7447 or at our mailing address below: ClickSimple INC 1163 E 50 S, Logan UT 84321 USA
I agree with the Terms and Conditions.