Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE WEB SITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. IF YOU MUST BE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY AS THAT IS DEFINED IN YOUR JURISDICTION, WHICHEVER IS OLDER, TO USE THE WEB SITE IN ANY MANNER. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE REPRESENTING (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. YOUR ACCESS AND USE OF THE WEB SITE REPRESENTS YOUR WARRANTY TO LOGISTICS PLUS INC. THAT YOU WILL USE THE WEB SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.

As used herein, all references to “Website” may include, individually, all and/or in any combination, LOGISTICSPLUS.COM, ESHIPPLUS.COM, EWORLDPLUS.COM, ETNTPLUS.COM, and/or MYLOGISTICSPLUS.NET, as well as other websites operated by or on behalf of Logistics Plus Inc., and also includes mobile applications including but not limited to LOGISTICS PLUS customer mobile application. The Website is maintained by Logistics Plus Inc. All references to “Logistics Plus” made within these Terms of Use shall be references to and include Logistics Plus Inc., its affiliates and subsidiaries and each of their directors, officers, employees, and authorized representative (“Logistics Plus”). Logistics Plus is headquartered at 1406 Peach Street, Erie, Pennsylvania 16501. The main telephone number is (814) 461-7600. All material on this Website, including, but not limited to text, images, and illustrations, is protected by copyrights and/or trademarks, registered and unregistered, which are owned and controlled by Logistics Plus or by other parties that have licensed their material to Logistics Plus. Material from any Website owned, operated, licensed, or controlled by Logistics Plus may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The materials on this Website may not be used for commercial benefit without expressed written permission by Logistics Plus. Logistics Plus authorizes You to view and access a single copy of the content available on or from the Website solely for Your personal use. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms of Use and/or some other written agreement between You and Logistics Plus, the use of any such material on any other website or networked computer environment is prohibited. This Website may contain other proprietary notices, trademark, and/or copyright information, the terms of which must be observed and followed. Information may be changed or updated without notice. Logistics Plus may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Website, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Logistics Plus or any other third party or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Logistics Plus will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (z) Logistics Plus obtain Your permission to use Your name; or (y) Logistics Plus first notify You that the materials or other information You submit to a particular part of this Website will be published or otherwise used with Your name on it; or (x) Logistics Plus are required to do so by law.

If the Website is interactive, allowing you to upload and/or download content from the Website, you will be issued a personal user id and password, which will allow you, in accordance with these Terms of Use, access and use your account. We understand that the privacy and security of data that are maintained on the Website are important, and therefore, we use commercially reasonable security technology, features and policies to protect that privacy. However, please keep in mind that such records are only secure if You protect Your password and change Your password frequently.

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

It is Your responsibility to ensure that no unauthorized person shall have access to Your user id and password. It is Your sole responsibility to control access to and use of Your user account, and promptly inform Logistics Plus of any need to deactivate or change Your user id and/or password. Logistics Plus cannot and will not assume any responsibility or liability for any content submitted to Your account or any content that is used or misused whether submitted, used, or misused by You, Your designees, and/or other third parties. All Your acts and omissions and those of unauthorized users who access the Website via Your user id and password shall be deemed to be Your acts and omissions.

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

Regarding Your user id and password, You expressly agree (i) to maintain the security of Your users id, password, and other confidential information relating to Your account and/or the accounts which you have been granted access; (ii) to notify Logistics Plus as soon as reasonably practicable of any real or suspected unauthorized use of the users account; (iii) to notify Logistics Plus when You no longer require the use of Your user id and password; and (iv) to comply with instructions provided by Logistics Plus for using, maintaining, or correcting Your account.

Information Logistics Plus publishes on the World Wide Web may contain references or cross references to products, programs, and services that are not announced or available in Your country. Such references do not imply that Logistics Plus intends to announce such products, programs, or services in Your country. Consult Your local Logistics Plus business contact for information regarding the products, programs, and services that may be available to You.

Logistics Plus makes no representations whatsoever about any other websites which You may access through this Website. When You access a non-Logistics Plus website through this Website, please understand that it is independent from Logistics Plus, and that Logistics Plus has no control over the content on that website. In addition, a link to a non-Logistics Plus Web site does not mean that Logistics Plus endorses or accepts any responsibility for the content, or the use, of such website. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Nothing on this Website constitutes an offer to sell or solicitation to buy securities. No failure or delay by Logistics Plus in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Logistics Plus preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.

Logistics Plus DOES NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Logistics Plus DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.

Logistics Plus WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE Logistics Plus SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF Logistics Plus IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.

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

BLOG TERMS OF USE

A Logistics Plus Website, as defined above, may contain and/or support one or more blogs related to transportation logistics issues. These additional BLOG Terms of Use pertain to Your use of any blog found on any Logistics Plus Website.

Your access to, and use of, any Logistics Plus blog is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using any Logistics Plus blog, You accept, without limitation or qualification, these BLOG Terms of Use, and agree to be bound by them.

Logistics Plus encourages You to express Your opinion, but please do not post offensive content. Offensive content includes but is not limited to racial or ethnic slurs, personal insults, content of a sexually explicit nature, and/or obscenity. You may not disclose any type of confidential information. Please be yourself but do so in a respectful manner, as Logistics Plus reserve the right and discretion to edit, pull or refrain from posting comments as Logistics Plus sees fit. All Logistics Plus blogs are a platform for journalism and commentary. They are not advertisement for specific services, including any type of legal service and shall not be construed as legal advice. You are prohibited from using any Logistics Plus blog to advertise, perform or promote any commercial solicitation of goods and/or services, other than those offered by Logistics Plus.

By posting on a Logistics Plus blog, You grant Logistics Plus a non-exclusive, royalty-free license to use, publish, broadcast and reproduce Your comments without limitation in any and all media, worldwide, in perpetuity, for any purpose whatsoever. This includes, without limitation, the right to create derivative works of, and to use, the content posted on any Logistics Plus blog to develop, enhance, distribute, and market Logistics Plus’s services. You represent and warrant that all content You post is Your original work in which You own the copyright, or have been granted permission to use and in no way violates or infringes on the copyright, registered trademark or intellectual property rights of a third party. If You see something interesting and relevant, link to it! Except where otherwise noted, Your use of the content on a Logistics Plus blog is licensed under a Creative Commons Attribution 3.0 License. This does not give You the right to use any of Logistics Plus’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without our consent, except as necessary to provide attribution.

In consideration of Your use of any Logistics Plus blog, You agree to provide complete and accurate information about yourself as prompted by our registration form, and agree to update it as appropriate. Logistics Plus has the right to suspend or terminate Your right to post blogs if Logistics Plus believes that the information You have provided is inaccurate or incomplete. Any personal data information Logistics Plus collects from You is in accordance with Logistics Plus’s Privacy Policy. Any other material You transmit will be treated as non-confidential and non-proprietary. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LOGISTICS PLUS, AND ITS SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), MADE BY ANY THIRD PARTY ARISING OUT OF (I) ANY CONTENT POSTED BY YOU ON ANY LOGISTICS PLUS BLOG, (II) YOUR VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR (III) YOUR VIOLATION OF THESE TERMS OF USE. Logistics Plus makes no warranties, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any content posted on any Logistics Plus blog. Any reference made within any Logistics Plus blog to any specific commercial products, process, or service by trade name, trademark manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Logistics Plus. All views and opinions of the authors expressed herein are the writer’s own and do not necessarily state or reflect those of Logistics Plus. YOU AGREE THAT LOGISTICS PLUS, AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM THE USE OF ANY LOGISTICS PLUS BLOG. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES. IN SUCH JURISDICTIONS, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. These Terms of Use of any Logistics Plus Blog shall be governed by the laws of the State of Pennsylvania. You consent that the courts located in and serving the State of Pennsylvania shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these BLOG Terms of Use.