LOC Global - Transportation Solutions
LOC Global - Transportation Solutions

Legal Notices

LOC Global - Transportation Solutions
 
Terms of Use of Internet Site, Copyright & Trademark, Purchase of Products & Services
By accessing any areas of this Internet site or by ordering any product or service through the use of this Internet site, User agrees with LOC Global that User is bound by the terms set forth below. The terms of this agreement include terms on use of this Internet site, terms on the purchase of products and services, and terms regarding copyright and trademark matters.
"LOC Global" means (1) entities controlled by, under common control with or controlling LOC Global, (2) any contractual affiliate of the entities in (1) above that are authorized to use the LOC Global brand name and which either sell logistics services or manage a portion of the LOC Global logistics network, and (3) any entity which is a member of the LOC Global Network as defined from time to time by LOC Global.

1. Access To and From Website

Transmissions and communications to and from this Website, even if done with the use of a secure Internet browser, may be read or intercepted by third parties. Each user of this Website agrees that LOC Global will not be held liable should such interception occur. All information submitted to LOC Global via this Website shall be and remain the property of LOC Global and LOC Global shall be free to use, for any purpose, any ideas, concepts, know- how or techniques contained in information a user to this Website provides.

2. Use of Website Contents

All information, documents and materials posted in this Website are solely for the internal use of LOC Global users and may not be resold, republished, or copied (for other than internal use), without the prior written consent of LOC Global. In addition, all information, documents and materials posted in this Website are subject to change. All products and services described in this Website are subject to the terms of the applicable agreements, are only offered in jurisdictions where they may be legally offered for sale and not all products and services are available in all geographic areas. A particular Website user's eligibility for particular products and services is subject to final LOC Global approval.

The World's Logistics Operations Center, LOC Global, the LOC Global logo, Rent-a-LOC, LOC1, LOC2, LOC Extranet, LOC University, LOC Certified Manager, LOC Career Certified Manager, LOC Certified Consultant, LOC Career Certified Consultant, LOC Partner, LOC Premier Partner, LOC Strategic Partner, MyLOC, and LOC Global Tools for Teams, are trademarks of LOC Global. Tri-Level View and 3LV are trademarks of Damon Schechter. Other product names are trademarks or registered trademarks of their respective owners.

3. Links to Other Websites

LOC Global may establish links between this Website and other websites operated by unaffiliated third parties. LOC Global has no control over any other such websites or the contents therein and the existence of any such link shall not constitute an endorsement by LOC Global of such websites, or the contents or operators thereof.

4. No Warranties, Limitation of Liability

The contents, information and materials contained in this website, including text, graphics, links or other items are provided "as is" and "as available." LOC Global does not warrant the accuracy, adequacy or completeness of this information and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, freedom from computer virus, or year 2000 compatibility, is given in conjunction with the information.

In no event will LOC Global be liable for any damages, including without limitation, direct or indirect, special, incidental, punitive, or consequential damages, losses or expenses arising in connection with this website or use thereof or the inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if LOC Global, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The access by any user to any hyperlinks to other internet resources are at the user's own risk and the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored or endorsed by LOC Global.

5. Miscellaneous

Whenever possible, each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and for the remaining provisions of these terms and conditions. No waiver by LOC Global of any term or condition described herein shall operate as a waiver of any other term or condition described herein.

6. Trademarks and Copyrights

LOC Global and its affiliates may also claim trademark and service mark rights in marks contained in this Website. Copyrights and Trademarks to material affiliated with Delivering the Goods: The Art of Managing Your Supply Chain is owned by Damon Schechter. Copyrights in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by LOC Global unless otherwise indicated.

7. Security Policy

LOC Global uses reasonable precautions to protect the privacy of your credit card and other ordering information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to LOC Global's’ order processing system. LOC Global's’ order processing systems is not connected to the Internet and is not accessible to the public.

8. Purchases

User agrees to purchase the products and services ordered on the various order screens when user clicks on the "SUBMIT" or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens, the terms of this Section 8, and the LOC Extranet Terms and Conditions of Service (see Section 9). Such agreement is in addition to and not in lieu of the agreement with user formed by User’s use of the Internet site.

No Warranties by LOC Global

LOC GLOBAL MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOC GLOBAL DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. LOC GLOBAL IS NOT THE MANUFACTURER OF THE PRODUCTS AND THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE PRODUCT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Product warranty by Manufacturer

Most LOC Global products comes with a limited warranty provided by the manufacturer. If available, the warranty for the products that you ordered can be viewed on this Internet site or with the product itself.

Limitation of Liability

Neither LOC Global nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of the products or services obtained through this Internet site. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Shipping and Billing to US Addresses Only; Availability

LOC Global does not process orders to foreign shipping or billing addresses. LOC Global tries to give product availability information on this Internet site, but sometimes products are unexpectedly unavailable. In addition, LOC Global updates and improves its products and services on a continuous basis. LOC Global will inform you if any LOC Global products that you ordered turn out to be unavailable or if any service that you ordered has been changed. LOC Global may use email to so inform you.

Email Receipt

After you place an order with LOC Global, you should receive an email acknowledgment within one business day to confirm that LOC Global has accepted your order and is processing it. The email will contain the details of your order, the itemized and total amounts that will be billed to your credit card, including all applicable taxes and charges. A receipt will also be included with your purchase. Be sure to keep your receipt. You will need it if you require any warranty service.

Charging Your Credit Card

LOC Global charges your credit card immediately after it receives your order and performs the credit check. If your credit card is rejected when LOC Global charges it, LOC Global is not obligated to ship any products or activate any service for your account. In such cases, LOC Global will make a reasonable attempt to contact you by email to advise you of the situation.

Prices, Taxes and Shipping & Handling

All prices are stated and payable in US dollars. The prices for products and services quoted on this Internet site do not include taxes or shipping and handling.

LOC Global charges all applicable taxes on products and Services. A shipping and handling charge may be applied to all orders.

9. LOC Extranet

The following are the terms and conditions for use of the LOC Extranet service including without limitation storage and other services which may be offered from time to time by LOC Global for use with your LOC ID (each feature individually and collectively referred to as the "Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "I ACCEPT", "REGISTER" OR SIMILAR BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Summary of Terms of Service

  1. You agree to provide true and correct information about yourself in the LOC Global sign up form.
  2. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
  3. You agree that LOC Global and its designees may in their sole discretion terminate your account if they believe you have in any way violated the Terms of Service.
  4. You agree that LOC Global does not endorse and is not responsible for any accounts created by the service or any content or material contained in any account or the conduct of any account or account member.
  5. Please report any violations of the Terms of Service to us here.

Description of Service

LOC Global  is providing User with the capability to create and join accounts. LOC Global is also providing User with the software tools for organizing information and communicating with other users including other members of an account, via the World Wide Web. LOC Global does not charge User for the Service, except for enhancements User may elect to obtain (though LOC Global may in the future charge a fee for use of the Service). User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.

User Registration Obligations

In consideration of use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, LOC Global has the right to terminate User's account and refuse any and all current or future use of the Service.

Use of Registration Data

User agrees LOC Global or its designee may disclose Registration Data to third parties about User and information about User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, except as authorized by User or User's representative or as required by law or legal process, or as set forth in the next section

Service Privacy Policy

LOC Global considers files transmitted via the Service to be the private property of the User. LOC Global will not monitor, edit or disclose the contents of a User's private storage, except that User agrees LOC Global may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the Terms of Service Agreement; (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of LOC Global or others.

User understands and agrees that technical processing of files is and may be required (a) to upload and download files; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Service; or (d) to conform to other, similar technical requirements.

User acknowledges and agrees that LOC Global does not endorse the content of any User files and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

User also acknowledges and agrees that LOC Global may access accounts, messages and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints.

Modifications to Terms of Service

LOC Global may change the Terms of Service from time to time.
By accessing this site, user agrees to be bound by the modifications to the Terms of Service.

Modifications to Service

LOC Global reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that LOC Global shall not be liable to User or any third-party for any modification or discontinuance of the Service.

Member Account, Password and Security

User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify the Service of any unauthorized use of User's password or account or any other breach of security.

The Service shall include a maximum of one (1) free ID and password per subscriber. Additional IDs and passwords may be added as enhancements. LOC Global prohibits ID/password sharing. Each account Member must have his or her own ID and password.

Member Conduct and Responsibilities

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for the contents of User's transmissions through the Service.

User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States.

User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service.

LOC Global may, but is not in any way obligated to, enforce this agreement against any user.

Owners

A user who creates an account is considered the Owner of the account. Owners make their own decisions about the subject matter of the account and membership guidelines for the account. Owners are responsible for all activities of the account and for ensuring that the account complies with this agreement. They also have special administrative privileges (e.g., they can change account information, invite new members, etc.).

In addition, Owners will establish, implement and enforce minimum age requirements and not allow members under 18 years of age to join any account that is inappropriate for minors or of an age sensitive subject matter including, without limitation, any account that concerns or includes pornography or any sexually explicit language or content.

Account Membership

User acknowledges that the Service allows users to create accounts according to membership rules determined by the Owners. Owners of accounts have the discretion to remove users from their accounts at any time. User agrees that LOC Global has no responsibility for the conduct or content of any account, the membership rules or requirements of any account, or resolving any disputes arising from any account or use of the Service.

Indemnity

User agrees to indemnify and hold LOC Global, and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the Terms of Service Agreement, or User's violation of any rights of another.

No Resale of Service

User agrees not to resell the Service or use of or access to the Service.

Storage

LOC Global assumes no responsibility for the deletion or failure to store files. Users are responsible for data backup. LOC Global may establish an upper limit on the size of storage it will maintain for User. Additional storage and backup services may be added for a fee, or under the terms of a specific promotion..

Provision of Service

User's purchase of a LOC Global service does not mean that we must provide Services to User. LOC Global may decide not to provide Services to User for any lawful reason. LOC Global may request that User provide LOC Global with any information LOC Global reasonably requires to determine whether User qualifies for Services. Services in some areas are managed and provided under contract with LOC Global by independent affiliates with access to the LOC Global Network. Some Services may not be available or may operate differently in certain affiliate markets or other areas.

Credit Verification

LOC Global may require User to have and maintain satisfactory credit to receive and continue to receive Services. LOC Global may verify User's credit before agreeing to provide Services to User and LOC Global may verify User's credit at any time while LOC Global provides Services to User. Credit verification may include a review of credit reports that LOC Global receives from credit bureaus. If at any time LOC Global determines, in its sole discretion, that payment for Services may not be made when due, LOC Global may suspend Services and require that User provide payment on account or a guarantee of payment before LOC Global resumes Services.

Service Plan

LOC Global provides fixed length Service Plans. Except as permitted by the Agreement, User must maintain service with LOC Global on User's Service Plan for the minimum term associated with that Service Plan. LOC Global may offer non-identical Service Plans to different individuals or entities. Services and coverage under some Service Plans may be more limited than available under other Service Plans. User's Service Plan sets out the charges for Services and is User's Service Plan until that Service Plan is changed, User switch to a different Service Plan, or User Services terminate. Based on User's credit rating or other factors, LOC Global may require that User make a deposit, prepayment, or a series of deposits or prepayments, or be subject to an account spending limit, before Services are activated or maintained.

Changing Service Plans

After User's Service Plan expires, User may change to a different Service Plan for which User qualifies without limitation. Any change is effective at the start of User's next full service plan cycle unless otherwise specified by LOC Global at the time that User places his or her change order. LOC Global may require a service charge for implementing any change directed by User in addition to the charges associated with the Service Plan or optional service features User selects.

If User wishes to change to a different Service Plan before User's Service Plan expires, User may be required to accept a new fixed length Service Plan and LOC Global may require User to pay an early termination fee or other fee.

Termination

User agrees that LOC Global may terminate User's password, account or use of the Service if LOC Global believes (a) that User has violated or acted inconsistently with the letter or spirit of the Terms of Service Agreement, (b) that User has violated the rights of LOC Global or other Users or parties, or (c) User fails to pay any charges due us for service or otherwise. User further agrees that LOC Global may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by LOC Global from time to time which period shall not be less than three months.

EXCEPT AS PERMITTED BY THE AGREEMENT, IF USER TERMINATES USER'S FIXED TERM SERVICE PLAN BEFORE THE END OF THE TERM, OR IF LOC GLOBAL TERMINATES SERVICES FOR CAUSE BEFORE THE END OF THE TERM, USER WILL BE REQUIRED TO PAY AN EARLY TERMINATION FEE.

If User is dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, User's sole remedy is to discontinue using the Service, cancel User's account, and pay the early termination fee. Cancellation will be effective at the end of the term which notice of cancellation is received. Upon cancellation, Service will be terminated and all files stored on LOC Global servers will be deleted.

If Services are terminated before the end of User's current invoicing cycle, LOC Global will not prorate the monthly recurring charge to the date of termination, and User will not receive any credit or refund for any unused portion of User's Service Plan.

User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that LOC Global may immediately delete data files in User's account and bar any further access to such files or the Service.

Service Activation Fee

User may be required to pay a non-refundable service activation fee when user activates a new service plan, or has LOC Global switch a service to a different plan.

Payment

If User has authorized payment for Services by credit card or by debiting a bank account, no additional notice or consent is required before LOC Global invoices the credit card or debits the bank account for all amounts due to LOC Global or billed by LOC Global on behalf of a third party. User must promptly notify LOC Global of any change in User's invoicing address or of the credit card or bank account used for payment. LOC Global reserves the right to require payment by money order, cashier's check or other secured form of payment. If LOC Global takes action to receive payment beyond invoicing user for charges for Services, User must pay LOC Global's costs and expenses of collection, including attorneys' fees and expenses, the fees of any collection agency and court costs. If LOC Global acts as an invoicing agent for a third-party service provider, payments received are first applied to amounts due and owing to LOC Global and any remaining amounts are applied to sums due and owing to the third-party service provider. LOC Global may immediately charge an additional fee for any check or other negotiable instrument endorsed by user and returned unpaid by a financial institution for any reason. User may be charged fees for certain methods of payment.

Late Payment Charges

Payment is past due if LOC Global does not receive it by the first day of the billing cycle, which is typically the monthly anniversary of the order date. Any payment for Services and equipment not made when due accrues late charges until paid at the rate of 5% per month or at the highest rate allowed by law. Acceptance of late or partial payments (even if marked "paid in full") does not waive LOC Global's right to collect all amounts that User owes LOC Global. If User's Service has been suspended due to non-payment, User may be charged a reactivation fee.

Disputed Charges

User must raise any dispute that User has about any charges to User within 15 days of billing, or User has accepted the billing. User may notify LOC Global of any dispute by notifying LOC Global customer service. Calls to LOC Global's sales or general business offices are not notice of a dispute. If disputed billing procedures are described on an invoice or notice, User must follow them.

Deposits

If LOC Global requires a deposit for User to establish or keep Services, LOC Global will hold the deposit as partial guarantee of payment for Services. LOC Global may change the deposit amount at any time to reflect revised estimated monthly charges based upon User's usage. A deposit may not be used to pay any billing (unless it is used to pay a final billing) or delay payment. The deposit amount, the length of time LOC Global holds the deposit and changes to the deposit amount are determined based on User's credit and payment history. The rate of interest, if any, on the deposit is subject to change. LOC Global may mix deposits with its other funds. If Services are terminated for any reason, LOC Global may, without notice to User, apply User's deposit toward payment of outstanding charges and return any excess to User at User's last known address within 75 days after termination of Services. If the U.S. Postal Service cannot deliver the money to User and returns it to LOC Global, LOC Global will hold it for User for one year from the date of return and, during that period, LOC Global may charge a servicing fee against the deposit balance. Any money held during this one-year period will not accrue interest for User's benefit. User forfeits any portion of the money left after the one-year period.

Taxes and Surcharges

LOC Global bills Users for taxes, fees and other charges levied by or remitted directly to federal, state or local authorities, or foreign government on Services including, without limitation, sales, gross receipts, use, and excise taxes. If User claims any tax exemption, User must provide LOC Global with a valid tax-exempt document. Any tax exemption applies only from the date LOC Global receives a valid tax-exempt document.

LOC Global also bills Users for fees that LOC Global collects and remit to the government, such as surcharges that LOC Global collects and keeps to pay for the costs of complying with government mandates. These charges are neither taxes nor government imposed assessments.

Stolen Accounts

If User's account is stolen, User must notify LOC Global by contacting LOC Global customer service. User is responsible for all charges for Services provided to stolen account before User notifies LOC Global of the theft. LOC Global will deactivate Services to the account upon notification to LOC Global of any theft. User may be required to provide evidence of the theft (for example, a police report or sworn statement). LOC Global will deactivate Services to any account without prior notice to User if LOC Global suspects any unlawful or fraudulent use of the account. User agrees to cooperate reasonably with LOC Global in investigating suspected unlawful or fraudulent use.

Dealings with Advertisers

User's correspondence with or participation in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold LOC Global liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

LOC GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LOC GLOBAL MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR ACCESSIBLE VIA ANY PARTICULAR BROWSER; NOR DOES LOC Global MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD AND DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

LOC GLOBAL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM LOC Global OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LOC GLOBAL TECHNOLOGY REFERENCES SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE LOC GLOBAL HAS NO CONTROL OVER SUCH SITES AND INFORMATION, LOC GLOBAL MAKES NO GUARANTEES AS TO SUCH SITES AND INFORMATION, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER A SEARCH MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT. BECAUSE SOME OF THE CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE TECHNOLOGY PROVIDED BY LOC GLOBAL AUTOMATICALLY   AND UNINTENTIONALLY GENERATES LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. LOC Global CAN MAKE NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR. COMPUTERIZED SEARCH TECHNOLOGY DOES NOT GIVE YOU SEARCH RESULTS LIMITED TO ONLY THE HITS THAT YOU WERE SEEKING. THERE MAY BE EXTRANEOUS HITS AS WELL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

USER AGREES THAT LOC GLOBAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF LOC GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT LOC GLOBAL SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTISEMENT.

IN NO EVENT SHALL LOC GLOBAL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

MANDATORY ARBITRATION OF DISPUTES

ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO PURSUE.

A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of CPR or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then-applicable rules of the CPR Institute for Dispute Resolution. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.

The arbitrator's decision and award will be final and binding (subject to the appeal clause below), and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.

An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of any arbitral panel in any arbitration arising out of or related to this agreement that is conducted in accordance with the requirements of such Appeal Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.

If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.

Relating to Financial Matters

If you intend to create or join any account, receive or request any news, messages, alerts or other information form the Service concerning companies, stock quotes, investments or securities, read the above two sections again. They go doubly for you. In addition, for this type of information particularly, the watchword should be "let the investor beware." The Service is provided for informational purposes only, and no content or material included in the Service is intended for trading or investing purposes. LOC Global shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

Notice

Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service Agreement or other matters by displaying notices to Users generally on the Service.

Miscellaneous

The Terms of Service Agreement and the relationship between User and LOC Global shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and LOC Global agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.

The failure of LOC Global to exercise or enforce any right or provision of the Terms of Service Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service Agreement remain in full force and effect.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Service Agreement are for convenience only and have no legal or contractual effect.

LOC Global - Transportation Solutions
 

 
   

 Company Info

  Company Profile
  CEO Biography
  LOC Fact Sheet
  LOC History
 

 Select a View

  Executive
  Partner
  Academic
  Job Seekers
 

 Global Capabilities

 

© 2000-2006 LOC Global. All Rights Reserved. See details.  

FEEDBACK