Terms & Conditions
FP Logistics, Inc.
Effective immediately
PLEASE READ CAREFULLY
This Terms of Use Agreement (this "Agreement") is a legal a agreement between you and FP Logistics, Inc.. a California Company ("FPL", "we", "us" or "our") providing, among other things, the terms and conditions for your use of our website http://www.fplogistics.com (the "Site").
We may from time to time modify these terms of use and will post a copy of the amended Agreement at (http://www.fplogistics.com/TermsAndConditions.aspx). If you do not agree to, or cannot comply with, the Agreement as amended, you should not use the Site. You will be deemed to have accepted the Agreement as amended if you continue to use the Sire after any amendments are posted on the Site.
THIS AGREEMENT CONTAINS LIABILITY DISCLAIMERS. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SIRE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU DO NOT COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
1.1 Age Requirement; Authority. In order to use the Site, you must be at least 18 years of age. You represent that (i), you have read and understood, and that you agree to be bound by, this Agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not attempt to access this Site.
2. LICENSE TO USE THE SITE
2.1 Grand of License, FPL grants to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Site. FPL reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SHITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Restriction. You agree that you will not; (i) use the Site to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use our Site in any way that violated the terms of this Agreement.
3. SITE INFORMATION
3.1 Information. We try to ensure that the information posted on the Site is correct and up to date. We reserve the right to change or make corrections to any of the information provided on this Site at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on this Site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Site.
4. PROHIBITED ACTS
By using this Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users of other information, or send chain letters or pyramid schemes via the Sire or (c) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Sire or interfere with any other party’s use and enjoyment of the Site.
5. COPYRIGHTS
As between you and FPL, you acknowledge that FPL owns or has a license to all title and copyrights in and to the content provided on this Site. All title and intellectual property rights in and to the licensed content provided on this Site is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under suck laws or treaties.
6. TRADEMARKS AND THIRD-PARTY TRADEMARKS
FP Logistics is a trademark of FP Logistics, Inc., ("FPL"), as well as all the other related trademarks and certain other FPL trademarks, service marks, graphics, and logos (collectively, the "FPL Trademarks") used in connection with the contracting of FPL services. The Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the FPL Trademarks or the trademarks of any third party.
7. PRIVACY POLICY
CLICK HERE TO SEE SEPARATE PRIVACY POLICY (as per California Law).
8. TESTIMONIALS
If you submit to us or post a testimonial, comment, review, suggestion or any work of authorship (collectively a "Submission") to us, including, without limitation, Submissions about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has nay rights thereto, and that any "moral rights" in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/ or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
9. TERM
This Agreement will remain effective until terminated by you or terminated by us.
10. DISCLAIMERS
10.1 THIS SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU "AS IS." ANY USE OF THIS SITE IS AT YOUR OWN RISH. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FPL DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SERVICABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. FPL MAKES NO REPRESENTATION OF GUARANTEE THAT THIS SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FPL DISCLAIMS ANY LIABILITY RELATING THERETO.
10.2 FPL MAKES NO GUARANTEES, REPRESENTATIVES, OR WARRANTIES THAT USE OR RESULT OF THE USE OF THE SITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, FPL MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OF FEATURE OF THIS SITE OR YOUR USE OF THIS SITE. IF FPL ELECT TO MODIFY, SUSPEND OF DISCONTINUE THE SITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK, FPL DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.4 SOME OF THE CONTENT AVAILABLE THROUGH THE SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES, YOU ACKNOWLEDGE THAT LVM ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT.
11. LIMITATION OF LIABILITY
11.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL FPL BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOU LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVENT IS FPL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FPL OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE.
11.2 FPL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE DOLLAR (US $1.00).
12. INDEMNITY
YOU WILL INDEMNIFY AND HOLD FPL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH REPECT TO ANY SUITE OR CLAIMS ARISING OUT (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE SITE.
13. GENERAL
13.1 You will be responsible for providing the dial-up, DSL cable modem or other form of Internet access and nay other hardware and software necessary to access and use the Site.
13.2 The Sire may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with you use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.
13.3 The Site is owned by FPL and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
13.4 If you know of, or suspect, copyright infringement, please send a notice to FPL at customerservice@fplogistics.com.
13.5 This Agreement will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with FPL or relating in any way to your use of the Site will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the City of Anaheim, California. All parties to this Agreement waive their respective rights to a trial by jury.
13.6 FPL may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your account Information, by sending a letter via mail to the contact address listed in your Account Information, or by posting a note on the Sire when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
13.7 General Contact Information. For questions regarding our services of this Site, please email us at customerservice@fplogistics.com.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.