By using this site you agree to be bound by the following terms and conditions of this Agreement.
The success of the site depends on your adherence to the terms of this Agreement. As such, this Agreement binds you to a code of ethical conduct intended to achieve this purpose. While we will do our best to enforce the terms of this Agreement, as set forth below in Sections 7 and 8, we cannot warrant or represent that other visitors will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
By signifying your assent, you agree to be contractually bound to the terms of this Agreement. You further agree that your assent, given electronically, shall have the same legal effect as if it had been personally signed by you. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect because it was entered into electronically.
By entering into this Agreement, you will be granted a limited revocable license to access this site subject to your compliance with the terms and conditions of this Agreement. Your use of this site is limited solely for the purpose of determining whether or not you will become a subscriber of this site and/or our services. We reserve the right to temporarily deny you access to this site or permanently terminate your access privileges at any time and for any reason whatsoever, including but not limited to, as determined in our sole and absolute discretion, you have failed to abide by the terms and conditions of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this site or deny you access to it and delete any files which you may maintain at this site. Except for the limited revocable access license set forth in this Section 3, nothing herein is intended as a license grant or a transfer to you of any rights, title or interests in or to any copyrights, patents and/or trademarks belonging to us.
- Copyright. All software and content included on this site, such as text, icons, graphics, logos, button icons, images, audio clips, and the look and feel of its site are our property. They are protected by US and international copyright laws. Any use other than the authorized use set forth in Section 3, including but not limited to, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
- Trademarks/Service Marks. “Javelin Logistics, Inc.” and any logos used in connection therewith are our trademarks and/or service marks, either at common law or otherwise. Our trademarks and service marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
- Use of Site. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us. We reserve the right to refuse service, terminate accounts, and/or cancel your use in our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests or our affiliates.
Your access privileges may not be transferred by you to any third-parties. You further agree not to disclose to anyone your confidential password.
Your use of this site shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and this site. Furthermore, you agree that your use of the site will not infringe upon the rights, title and/or interests, including but not limited to any copyrights, patents and/or trademarks, of any third party.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as necessary or convenient to facilitate your use of this site.We agree that we will not knowingly provide any third party with any personal information or purchase transactions about your use of this site, unless we obtain your permission or are compelled to do so by court order or applicable law. Personal information shall include your name, physical address, and e-mail address. You can update your personal information at anytime. It is most important that our information regarding your personal profile is accurate and updated in order to ensure your proper use of this site. For more specific information please see our Privacy Statement.
Disclaimer of Warranties
IN ORDER TO PROVIDE YOU WITH THIS SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN AT THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE WILL BE SECURE, BE ACCESSIBLE, OR OPERATE CONTINUOUSLY, WITHOUT INTERRUPTION OR ON AN ERROR FREE BASIS.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
Limitation of Liability
IN ORDER TO PROVIDE YOU WITH THE SERVICE AVAILABLE UNDER THIS SITE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS SITE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
Complete Agreement/No Representations
This Agreement constitutes the entire agreement between you and us relating to your access to and use of this site and supersedes any prior or contemporaneous representations or agreements. This Agreement – and only this Agreement – shall govern our legal rights and obligations. Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 10. As set forth in Section 7, it is not our intention to make any legal representations or warranties about this site, either expressly or by implication.
- In General. You agree that we may modify the terms and conditions of this Agreement at any time in our sole discretion. You agree and understand that we reserve the right to unilaterally terminate your access privileges or otherwise deny you access to this site at any time and for any reason whatsoever. It will be your responsibility and obligation to check the legal section of this site whenever you access this site, to determine if there have been any changes to this Agreement. Should you wish to terminate this agreement, you may do so upon five (5) days notice to us.
- Term. Unless we terminate your access privileges or you decide to terminate this Agreement, it shall remain in force so long as you are authorized to access this site. You agree that in the event you decide to terminate this Agreement or if your access privileges are suspended or terminated, Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement.
Indemnification, Jurisdiction and Dispute Resolution
You agree, at your own expense, to defend us and indemnify us against any liability arising out of or relating in any way to alleged acts or omissions by you which, if true, would constitute a violation of one or more terms or provisions of this Agreement or constitute wrongful conduct on your part. All disputes arising out of or relating in any way to this Agreement or our ownership, operation or maintenance of this site shall be resolved exclusively in the appropriate state or federal court where subject matter jurisdiction is otherwise proper in San Francisco, California. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of California as applied to transactions entered into and to be performed wholly within California between California residents. In the event of any breach of this Agreement, you agree that, notwithstanding any other provision of law, we shall be entitled to obtain preliminary injunctive relief enforcing the terms of this Agreement.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.