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Bloogistics Terms and Conditions

Last modified: June 1st, 2012

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Description of Service: Bloogistics is a web-based freight matching service from Bloogistics LLC (the "Service"). Your use of the Service is at your sole risk. You understand that your content may be transferred unencrypted over the internet.

Eligibility

You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Bloogistics LLC reserves the right to refuse service to anyone at any time without notice for any reason.

Use License

  1. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials; or
    2. use the Service for any commercial purpose; or
    3. represent any part of the Service as your own; or
    4. attempt to decompile or reverse engineer any software contained on Bloogistics's web site; or
    5. remove any copyright or other proprietary notations from the Service; or
    6. use any robot, spider, other automated device, or manual process to monitor or copy any content; or
    7. transfer the materials to another person or "mirror" the Service on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Bloogistics at any time. Further legal proceedings may also be considered. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  3. You may enter a separate licensing agreement with Bloogistics LLC for commercial use of the Service.

Payment Terms

Monthly Terms: A valid credit card is required for you to continue using the Service after the free usage tier on a month-to-month basis. The free trial offer entitles new, registered users to a free tier of the Services. The details of this Service can be found on the pricing page of our website. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account. Yearly Terms: The service is billed in advance on a yearly basis. Refunds for deleted accounts may be requested for unused months of the service between the date of account removal and the final service date noted on the invoice issued by Bloogistics LLC. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Modification to Fees and Services

Bloogistics LLC reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Bloogistics LLC reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Bloogistics Site (www.bloogistics.com) or the Service itself.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by emailing Bloogistics LLC. Bloogistics LLC's email address is support@bloogistics.com. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Bloogistics LLC may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Privacy

A separate privacy policy regarding your use of the Service is provided on the Bloogistics website (www.bloogistics.com). By accepting these terms, you also agree to the terms of the privacy policy.

Disclaimer

  1. The materials on Bloogistics's web site and Service are provided "as is". Bloogistics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bloogistics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
  2. Bloogistics LLC makes no guarantee for any calculations performed by the Service with respect to driving distances, deadlines and feasibility of shipping solutions. Freight matches are provided as information only and don't constitute an endorsment of any kind. Users of the Service are expected to perform their own due diligence before making any decisions bearing financial or operational consequences.
  3. Bloogistics LLC makes no guarantee for the accuracy of the information provided by members of the Service. This includes MC and DOT numbers as well as truck and load availabilities posted on the site at any given time.
  4. The Bloogistics Service has been optimized for the latest versions of Google Chrome and Mozilla Firefox, and Microsoft Internet Explorer 9.

Limitations

In no event shall Bloogistics or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Bloogistics's Internet site, even if Bloogistics or a Bloogistics authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Bloogistics's web site could include technical, typographical, or photographic errors. Bloogistics does not warrant that any of the materials on its web site are accurate, complete, or current. Bloogistics may make changes to the materials contained on its web site at any time without notice. Bloogistics LLC does not, however, make any commitment to update the materials.

Warranties and Liability

Bloogistics LLC does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Bloogistics LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bloogistics LLC has been advised of the possibility of such damages), resulting from your usage of the Service.

Indemnification

You agree to hold harmless and indemnify Bloogistics LLC, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Bloogistics LLC will provide you with written notice of such claim, suit or action. The failure of Bloogistics LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Bloogistics LLC and govern your use of the Service, superceding any prior agreements between you and Bloogistics LLC (including, but not limited to, any prior versions of the TOS).

Links

Bloogistics LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Bloogistics LLC of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

Bloogistics may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Bloogistics LLC's web site and Service shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

For more information, feel free to contact us by email: support{at}bloogistics.com

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