READ THESE TERMS AND CONDITIONS OF USE AND THE LOGISTICA SOLUTIONS INC. PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE LOGISTICA SOLUTIONS’ SERVICES.
Welcome Welcome to Logistica Solutions’ terms and conditions of use. These terms and conditions of use apply to and govern your use of Logistica Solutions’ Web site(s) (the “Site”) as a passive visitor, as well as the services that Logistica Solutions provides to participants who sign up with Logistica Solutions as members (“Members”) (such services to be referred to herein as “Services”). For purposes of these terms and conditions of use, the words “you” and “your” shall refer to any visitor to the Site, as well as any Member, as defined above. Your use of the Site or the Services signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site or receive the Services. Logistica Solutions’ current privacy policy which addresses Logistica Solutions’ use and release of information collected from your use of the Site and receipt of the Services is available here.
License to Use the Site Logistica Solutions grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by Logistica Solutions, you may not use the Site or the Services for any commercial purpose.
Changes to Terms and Conditions of Use Logistica Solutions reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Ownership; Restrictions Logistica Solutions owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Logistica Solutions, and/or its third party providers, are the owners of the copyright in the entire Site. Logistica Solutions owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of Logistica Solutions. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of Logistica Solutions and its affiliates or the copyright holder identified in the individual Content’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Logistica Solutions and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
This Site also contains trademarks of Logistica Solutions protected under United States and International Trademarks laws. Use of such marks without Logistica Solutions’ written permission is strictly prohibited.
Change to Site or Content Logistica Solutions shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. Logistica Solutions may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.
Services Upon a Member’s registration on the Site, Logistica Solutions will create an online account for the Member containing information provided by the Member (the “Member Account”), which account shall be accessible and modifiable by the Member thereafter at the Site using a password and user name, in accordance with the Privacy Policy. For more information about how Logistica Solutions collects, maintains and uses Member information, please consult the Privacy Policy.
Acceptable Use Policy As a condition of your use of this Site and the Services, you warrant to Logistica Solutions that you:
Members who violate these terms and conditions of use, at Logistica Solutions’ sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material You agree that Logistica Solutions has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Logistica Solutions may establish from time to time. Notwithstanding this right of Logistica Solutions, Logistica Solutions does not and cannot review all materials posted to the Site by users, and Logistica Solutions is not responsible for any such materials posted by users. Logistica Solutions reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Logistica Solutions’ sole discretion, such materials are objectionable or in violation of these terms and conditions of use. Logistica Solutions does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Logistica Solutions reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Indemnification You shall indemnify, defend and hold harmless Logistica Solutions, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. Logistica Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Logistica Solutions.
Links to Other Web Site The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by Logistica Solutions or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that Logistica Solutions or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Logistica Solutions or any of its affiliates. Logistica Solutions is not responsible for content on or services provided by other Web sites that are linked to or from the Logistica Solutions site, including without limitation Logistica Solutions’ partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Logistica Solutions NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. Logistica Solutions AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Logistica .
Solutions’NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL LOGISTICA SOLUTIONS, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Logistica Solutions, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
Logistica Solutions’ Rights to Materials Provided by Users Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by Logistica Solutions and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to Logistica Solutions a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against Logistica Solutions for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You agree and understand that Logistica Solutions is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Logistica Solutions or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Logistica Solutions or any Logistica Solutions affiliate or subsidiary other than pursuant to these terms and conditions of use. Logistica Solutions shall not be responsible for the payment of any monies to any party in connection with Logistica Solutions’ use of Communications submitted by you to the Site.
No Resale / Exploitation You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site or Services for any commercial purpose.
Non-United States Residents Logistica Solutions makes no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Termination You understand and agree that Logistica Solutions may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. Logistica Solutions may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user’s access to the Site or the Services, for any reason. You understand and agree that Logistica Solutions may take any one or more of these actions without prior notice to you, but shall use commercially reasonable efforts to notify you of such termination. You understand and agree that Logistica Solutions shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. Member may terminate its Member Account at any time by sending a request of termination by e-mail to Logistica Solutions at the following address:[email protected]
General Provisions These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Orange County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Logistica Solutions with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Logistica Solutions of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Refund Policy The products available for purchase on our web site are downloadable, fully-functional, and try-before-you-buy. We provide free trial periods to let you fully evaluate our products before you make a purchase decision. Please use the trial period to make sure that the software meets your needs before purchasing a license. All of our software is fully-functional during the trial period. None of our software requires registration to enable its primary functionality.
If you purchase one of our products, after your payment has cleared you will receive an email with the purchase code to activate the software. Once this information is emailed to you, no refunds will be given. We have this policy since it would be impossible for you to return your registered version of our software. During your trial period, our support staff is available to assist in installation and configuration via email or telephone. We strongly recommend that all customers download, install, and test the trial version of any product prior to making a purchase.In rare instances and only within 30 days of purchase, if due to technical difficulties or platform incompatibilities the software will not function, we may, at our discretion, issue a refund. In such instances, we require that you provide enough information for us to positively identify your purchase transaction (e.g., order number, your company name, date of transaction, purchase code, number of licenses purchased, etc.). If we are able to positively identify your order, and if your request is made within 30 days of purchase, you must submit to us a letter of destruction of software on your company letterhead before we will process the refund. Logisitca Solutions Inc. not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays.It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy. If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.Please send any questions regarding our refund policy to [email protected]
Shipping of Software Software developed by Logistica Solutions Inc can be downloaded from our web site, before or after the sale is complete. We do not ship any of our software. It is the customer’s responsibility to download purchased software and save on the media of their choice. Logistica Solutions Technologies Copyright Notice
Copyright 2009 by Logistica Solutions Inc.. All rights reserved. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Logistica Solutions’ Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Copyright Agent
Logistica Solutions Inc.
3855 La Palma Ave Suite 104
Anaheim, Ca 92807 USA
Fax 714-630-6726
Email:[email protected]