LogiSpex LLC
Terms of Use
1. Introduction
Welcome to logispex.com (“Site”), which is owned and operated by LogiSpex LLC, a New Jersey limited liability company (“Company”, “we”, “us” or “our”). By accessing or utilizing the Site, you (“User”, “you” or “your”) agree that you have read and agree to be bound by all the terms set forth in this Terms of Use (“Terms of Use” or “Agreement”).
The Company reserves the right, at any time, without prior notice, to modify, alter or update the Terms of Use. Such modifications, alterations or updates shall become effective immediately upon being posted on the Site. After modifications, alternations or updates are posted, your continued usage of the Site will constitute your acknowledgement and acceptance of the modifications, alterations or updates. It is your responsibility to regularly review the Terms of Use.
By using the Site, you are agreeing to these Terms of Use.
2. Eligibility
Use of the Site is limited to Users eighteen (18) years of age and older. By using the Site, you represent and warrant that you are eighteen (18) years of age or older.
Notwithstanding anything to the contrary herein, we do not currently accept personal information from European Union residents. As such, Users that are European Union residents should not be submitting such information to our Site. When you submit information to us, you are verifying that you are a resident of the United States.
3. Your Privacy
Your privacy is very important to us and our Privacy Policy describes how we collect, store, use and protect information that you provide at or through the Site. You may access our Privacy Policy (Link to Privacy Policy) and we encourage you to review it.
4. Ownership of Site Content
All content, information and data (including, but not limited to graphics, designs, logos, text, applications, photographs, videos, software, sound, and their format, arrangement, and selection) (collectively referred to herein as the “Content”), are proprietary property of the Company and/or its third party providers, with all rights reserved. The Company and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content.
No Content may be modified, distributed, copied (except as permitted by the next sentence of this paragraph), reproduced, published, displayed, posted, transmitted, or sold or licensed in any form or by any means, in whole or in part, without the Company’s prior written consent. You are permitted to print copies of the Content for your own personal, noncommercial use, provided that you do not make any modifications to, or create any derivative works from, the Content, and that you keep all copyright or other proprietary notices intact. Any use of the Site and its Content other than as specifically authorized herein, without the prior written consent of the Company, is strictly prohibited and will terminate the license granted herein and subjects you to the possibility of prosecution.
5. Trademarks
Any trademarks, service marks and logos utilized and/or appearing on the Site are the property of the Company or other third parties, and may not be used by you without the owner’s prior written consent.
To help make the Site a safe and welcoming environment for all Users, you agree that:
a. You will not use the Site to bully, intimidate, or harass any User.
b. You will not post or transmit any content that is hate speech, or that is threatening or incites violence, or that contains gratuitous or graphic violence, or that is pornographic or contains nudity.
c. You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.
d. You will not collect other Users’ content or information, or otherwise access the Site, using automated means.
e. You will not violate this Agreement yourself or facilitate or encourage any violations of this Agreement by others.
Although we provide these rules for User conduct, we do not control or direct Users’ actions on the Site and are not responsible for any information Users post, transmit, or share on the Site. Therefore, we are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable material you may encounter on the Site. We are also not responsible for the conduct of any User, whether on the Site, elsewhere in the cyber world, or in the real world.
7. Site Integrity
Except for scheduled maintenance, we try to keep the Site up and running at all times. However, we cannot do it alone. We need the commitment of Users to help. Accordingly, to assist us in maintaining the stability and reliability of the Site, you agree that:
a. You will not upload viruses or other malicious code to the Site or any page on the Site; and
b. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other functionality of the Site.
8. Third Party Websites and Content
The Site may contain links to other web sites (“Third Party Sites”) as well as catalogues, graphics, photographs, text, designs, logos, sound, video, information, software, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate or relating to any applications you use or install from any such site.
WE TRY TO KEEP THE SITE UP (OPERATIONAL), BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE (INCLUDING THE PRODUCTS AND CONTENT THEREIN) “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, PRODUCTS, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE SITE (INCLUDING THE CONTENT OR THE PRODUCTS THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND THE SITE (INCLUDING THE CONTENT AND PRODUCTS THEREIN) WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Indemnification
You agree to indemnify, defend, and hold the Company and each of its shareholders, directors, officers, agents, and employees (the “Company Parties”), harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of, or in connection with, (a) your use of the Site; (b) your use of any material posted on, or available through, the Site (including the Products and Content); or (c) your violation of this Agreement. You also agree to indemnify and hold harmless the Company Parties as a result of any content posted or made available by you, any violation of law that occurs by you through your use of the Site, and/or anything you do using the Site and/or the information contained therein (including the Content and Products). This means that if anyone brings a claim against us related to your actions, content, or information made available through your use of the Site (including the Content and Products therein), you will be responsible for all damages, losses, and expenses of any kind (including reasonable legal fees and costs) incurred by us related to such claim.
11. Termination
The Company may prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
12. Applicable Laws
Your use of the Site shall be governed in all respects by the laws of the State of New Jersey, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in the State of New Jersey. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts of New Jersey, as may be applicable, and hereby waive any objection that you may have to the laying of venue of any such proceeding and any claim or defense of inconvenient forum. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
13. Other General Provisions
You agree that the Terms of Use and other documents that are referred to herein (including, but not limited to, the Privacy Policy) are the complete agreement pertaining to the use of the Site and that this Agreement supersedes all prior or contemporaneous agreements or representations, written or oral. Notwithstanding the foregoing, if you enter into a separate agreement with the Company, then the terms and conditions set forth therein shall apply to the extent that there is a conflict with any term or condition set forth herein. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: October 16, 2020