1. Acceptance of ProLogisticsTechnologies Website Terms
When " ProLogisticsTechnologies" , "ProLogisticsTechnologies website", "we", "us" or "our" is used in these Terms of Use it means xBusiness Services Corporation, the owner and trademark owner of the ProLogisticsTechnologies website.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING THE WEBSITE (OTHER THAN TO FIRST READ THESE TERMS OF USE) YOU AGREE TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. ANY SUCH CHANGES OR ADDITIONAL TERMS OF USE WILL BE INCORPORATED IN THESE TERMS OF USE AND EFFECTIVE IMMEDIATELY UPON NOTIFICATION TO YOU. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT ACCESS THE WEBSITE.
2. Description of our Services
a. When browsing the ProLogisticsTechnologies website, you agree to follow our instructions as outlined in the various pages that you will access.
b. In order to use our website services you must be 18 years or older or if you are less than 18 years of age you must have the consent of your parents or legal guardian who will be responsible for your actions on the ProLogisticsTechnologies website.
c. In order to become a registered user you will provide accurate registration information and update the registration information if it changes. The username and password combination you create during registration should be guarded and maintained confidential.
d. As a registered user you will be able to perform various functions depending on your role and these functions enable you to collaborate in asset recovery and logistics projects. Access to perform these functions are granted for personal and non-commercial use.
e. You agree not to engage in any unlawful conduct while using the ProLogisticsTechnologies website, such as deliberately tampering with its security features in order to gain unauthorized access to confidential or proprietary data, harvest usernames and passwords for unauthorized or illegal usage, copy copyrighted content, overload or cause the ProLogisticsTechnologies website to be non-functional, or engage in conduct that violates US export laws. You additionally agree to cooperate with us in all investigations related to the misuse of the ProLogisticsTechnologies website.
f. We will always indicate the applicable platform fees and government taxes, if any, related to setting up and using ProLogisticsTechnologies. You will be responsible to pay those fees and taxes or they may be deducted from your credit card used at registration or it may be subject to a collection process.
g. The design, function and contents of the ProLogisticsTechnologies website is protected intellectual property and as such, in accordance with copyright and trademark laws as well as other applicable international, federal, state and local laws, any unauthorized copying or duplication, manual or automated, is prohibited. Hence your limited usage as outlined in this terms of use does not confer rights of ownership or partnership or any interest in the ProLogisticsTechnologies website.
h. You agree to indemnify and hold harmless ProLogisticsTechnologies and its officers, employees, members, successors, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses arising out of or that may arise in connection with: (i) your use of the ProLogisticsTechnologies website; (ii) any actual or alleged violation or breach by you of these Terms of Use; (iii) use of all third party and or ProLogisticsTechnologies websites related to your projects or participation in an environmental partner's project.
3. Registered Membership Termination
ProLogisticsTechnologies reserves the right to terminate your registered membership as a registered user at any time and at their sole discretion for violation or failure to follow or comply with this Terms of Use or for any other reason judged as being detrimental to ProLogisticsTechnologies.
4. ProLogisticsTechnologies Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE ProLogisticsTechnologies WEBSITE IS AT YOUR SOLE RISK. THE ProLogisticsTechnologies WEBSITE SERVICE AND CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
5. ProLogisticsTechnologies Liability Limits
ProLogisticsTechnologies, ITS OFFICERS, EMPLOYEES, MEMBERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE ProLogisticsTechnologies WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION OR DAMAGE WITH THE ProLogisticsTechnologies WEBSITE OR SERVICE OR ANY ProLogisticsTechnologies ACTION IS TO CANCEL YOUR MEMBERSHIP OR REGISTRATION AND STOP USING THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY MENTIONED HEREIN, UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF ProLogisticsTechnologies AND ITS OFFICERS, EMPLOYEES, MEMBERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE TOTAL PAYMENTS RECEIVED FROM YOU FOR THE LAST MONTH COMPLETED OR IN PROGRESS. ADDITIONALLY YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE ProLogisticsTechnologies WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN JURISDICTIONS WERE LIMITATIONS OF LIABILITY ARE NOT PERMITTED, THE AFORE MENTIONED LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
6. Waiving of Rights to Class Actions Or Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. TO THE EXTENT PERMITTED BY LAW, WE EACH WAIVE OUR RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS OR ARBITRATION OR OTHER SUCH PROCEEDINGS.
7. Arbitration - Jurisdiction, Venue and Choice of Law
The ProLogisticsTechnologies Terms of Use shall be understood and interpreted in accordance with the laws of the State of Texas. Law suits brought against ProLogisticsTechnologies because of or relate to the ProLogisticsTechnologies website or ProLogisticsTechnologies website Terms of Use shall be brought exclusively in the state and federal courts of Austin, TX and you waive and forego any jurisdictional, venue, or inconvenient forum objections to such courts.
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