Terms and Conditions | Off Top Logistics

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE SITE.

By using the website located at www.offtoplogistics.com and all related sites (the “Site”), you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use the Site. Off Top Logistics reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Off Top Logistics retains the right to deny access to anyone at its complete discretion for any reason, including for violation of any of these Terms of Use.

All references to “Off Top Logistics” made within these Terms of Use shall be references to and include Off Top Logistics and its subsidiaries (“Off Top Logistics”).

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This site is controlled and operated by Off Top Logistics or its representatives. All material on the Site, including, but not limited to, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, registered and unregistered, and other intellectual property rights which are owned and controlled by Off Top Logistics or by other parties that have licensed their material to Off Top Logistics. Material from any website owned, operated, licensed, or controlled by Off Top Logistics may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means unless otherwise agreed to in writing by Off Top Logistics. The materials on the Site may not be used for commercial benefit without prior expressed written permission by Off Top Logistics.

Off Top Logistics authorizes you to view and access a single copy of the content available on or from the Site solely for your personal use, and any modification of the materials on the Site or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms of Use and/or some other written agreement between you and Off Top Logistics, the use of any such material on any other website or networked computer environment is prohibited. The Site may contain other proprietary notices, trademark and/or copyright information, the terms of which must be observed and followed. Information on the Site may be changed or updated without notice.

In addition, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You shall not engage in “spidering,” “screen scraping,” “database scraping,” harvesting of user information, or any other automatic means of accessing, logging-in or registering on this website, or obtaining or accessing any information from or through the Site. You shall not use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

You may not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Off Top Logistics or any other third party, or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

SERVICES

Any contractual agreements between you and Off Top Logistics will be documented through a separate written agreement between you and Off Top Logistics, although the process may be initiated by submitting information through the Site. Off Top Logistics’ receipt of any transaction request information does not signify acceptance of any offer regarding the terms of such transaction. OFF TOP LOGISTICS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ANY PRODUCTS OR SERVICES DESCRIPTIONS LISTED ON THE SITE, INCLUDING ANY PRICES FOR SUCH PRODUCTS OR SERVICES.

THIRD PARTY WEBSITES

Off Top Logistics makes no representations whatsoever about any other websites that may be accessed through the Site. When you access a non-Off Top Logistics web site through the Site, please understand that it is independent from Off Top Logistics, and that Off Top Logistics has no control over the content on that web site. In addition, a link to a non-Off top Logistics Web site does not mean that Off Top Logistics endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

LINKS TO THIS WEBSITE

Off Top Logistics welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link directs to the full version of the Site and does not state or imply any sponsorship or endorsement of your site by Off Top Logistics. You are not permitted to link directly to any image or content hosted on the Site or our services, such as using an “in-line” linking method to cause the image or content hosted by us to be displayed on another website. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Off Top Logistics site, including, but not limited to, any logos or characters, without the prior expressed written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Off Top Logistics site without the prior expressed written consent of Off Top Logistics.

DISCLAIMER OF WARRANTIES

Off Top Logistics, its affiliates and each of their directors, officers, employees and authorized representatives DO NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Off Top Logistics, its affiliates and each of their directors, officers, employees and authorized representatives DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OFF TOP LOGISTICS, its affiliates and each of their directors, officers, employees and authorized representatives MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.

Off Top Logistics, its affiliates and each of their directors, officers, employees and authorized representatives WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE Off Top Logistics, its affiliates and each of their directors, officers, employees and authorized representatives SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF ANY OF Off Top Logistics, its affiliates and their Respective directors, officers, employees and authorized representatives is RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.

Nothing on the Site constitutes an offer to sell or solicitation to buy securities. No failure or delay by Off Top Logistics in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Off Top Logistics preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Off Top Logistics, its subsidiaries and other affiliated companies, their respective officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.

REGISTRATION

To access some of the services the Site has to offer, you may be asked to provide registration details. It is a condition of use of the Site that all the details you provide be correct, current and complete. To the extent that an individual account is established, it will be your responsibility to maintain the confidentiality of such information, including any username or password information.

You also agree that Off Top Logistics may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use or Off Top Logistics’ Privacy Policy, (5) suspected or actual copyright infringement, (6) unexpected operational difficulties, or (7) requests by law enforcement or other government agencies. You agree that Off Top Logistics will not be liable to you or to any third party for termination of your access to the Site.

We will assume (and by using the Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

JURISDICTIONAL ISSUES

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Connecticut, as such laws are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Off Top Logistics may bring to enforce these Terms of Use or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in Connecticut, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that you and Off Top Logistics have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services), these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing signed by a duly authorized officer of Off Top Logistics.