Terms and Conditions2018-04-16T16:41:39+00:00

TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF USE

Effective April 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE WEBSITE. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW.

Please also visit our Privacy Policy for information explaining the information we collect and how we use it.

Set forth below are the Terms and Conditions of Use (“Terms of Use,” “Terms,” or “Agreement”) for Logistick, Inc. (“Logistick,” “we,” “us,” or “our”). These Terms apply to your use of the Logistick website at www.Logistick.com (hereafter the “Website”). Your voluntary access and use of our Website signifies your acknowledgment and assent to the Terms and Conditions of Use set forth below. If you do not agree to these Terms and Conditions of Use, please do not use this Website.

Acceptance of the Terms

Please be aware that these Terms constitute a binding legal agreement between you and Logistick outlining your legal rights, obligations, and remedies arising from your use of the Website. By accessing or using the Website, you (the “User,” “you,” or “your”) signify that you have read, understand, and agree to be bound by these Terms, and by the terms of Logistick’s Privacy Policy, which provides information concerning our collection and use of your personal information and which is incorporated into these Terms by this reference. These Terms apply to anyone who accesses or uses the Website, whether or not you have registered for an account with Logistick. By using the Website you are indicating your acceptance of the terms and conditions of the Terms and Privacy Policy, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE.

Your use and browsing of this Website is at your risk. If you are dissatisfied with any of the materials contained in this Website, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using this Website.

Modification of the Terms

Logistick reserves the right to modify our Terms at any time, in our sole discretion, with or without notice to you. You should review the Terms periodically to stay informed of any changes and ensure your continued agreement.

Modifications to our Terms are effective upon our posting of revised or amended Terms to the Website. The terms of the current Terms supersede all previous notices or statements and become the terms and conditions that govern your use of the Website. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance of the revised Terms. You may determine the date the Terms were last amended and the current Terms by referring to the “Effective” date shown at the top of these Terms. Your use of the Website after the Effective date serves as your permission for your personal information to be used under the terms of the current Terms.

Contact Us

If you have questions or comments, please contact us at:

Logistick, Inc.

19880 State Line Rd.
South Bend, IN 46637

Phone: 1-800-758-5840

Attention:  President

Eligibility

Logistick’s Website is intended for use by adults, and is not directed to minors under the age of 18. By accessing or using the Website and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Website; and (3) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations. Any registration by anyone under 18 is void.

Your Representations & Warranties to Logistick

By using the Website, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Website because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you are using the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. When using the Website, you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the Website.

By using the Website, you represent, warrant, and agree that:

  1. You will only use the Website for lawful purposes, and you will not use the Website to:
    • send or store any unlawful material or for fraudulent purposes;
    • upload or transmit any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner.
    • intercept or attempt to intercept electronic mail not intended for you;
    • misrepresent any affiliation with any person or organization;
    • upload or transmit any advertisements or solicitations of business;
    • restrict or inhibit use of the Website by others;
    • exchange any personal or confidential information about any person;
    • upload or transmit files that contain a virus or corrupted data;
    • collect information about others without their consent; or
    • engage in any other conduct that we determine may harm Logistick or other users of the Website or expose any of them to liability.
  2. You will not use the Website to cause nuisance, annoyance or inconvenience;
  3. You will not impair the proper operation of the Website or any network which is used to support or access the Website;
  4. You will not try to harm the Website in any way whatsoever;
  5. You will not copy, or distribute the Website or other content without written permission from Logistick;
  6. You will only use the Website for your own use and will not resell any aspect of the Website to a third party;
  7. You will keep secure and confidential any account password or other identification we provide you which allows access to the Website; and
  8. You will provide us with whatever proof of identity we may reasonably request.

User Conduct

As a condition of your use of the Website, you further agree not to use the Website: (1) for any purpose that is prohibited by these Terms; or (2) for any other purpose not reasonably intended by Logistick as typical or expected use of the Website consistent with the purpose for which the Website was created.

Website Content

Logistick owns all right, title, and interest in and to the Website, and all related intellectual property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website (“Content”). Your use of the Website does not grant you any rights to the use or control of any of the Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Content, including by caching, framing or any similar means, without the prior written consent of Logistick is strictly prohibited.

The Website and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Logistick exclusively owns all right, title and interest in and to the Website and Content, including all associated intellectual property rights. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, or any of the Content. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Content. The Content may not be used in connection with any product or service in any manner that is likely to cause confusion or violate any copyright or other rights owned by Logistick in the Content, including use of any of the Content as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties. Logistick or its partners shall retain all worldwide rights in and to all intellectual property comprising or included within the Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Website, and copyrighted works associated with the Website that are common law and/or registered copyrights, trademarks, and/or trade dress of Logistick.

Logistick’s Licenses to You

Subject to your compliance with the terms and conditions of these Terms, Logistick grants you a limited, non-exclusive, non-transferable, non-sublicensable license to: (1) access, view, print, and otherwise use the Website and the Content solely for your personal, non-commercial use; and (2) access and view Content solely for your personal, non-commercial use and in accordance with these Terms.

No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of Logistick, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Submission of Ideas

Logistick values customer feedback. However, Logistick will not accept or consider unsolicited ideas, suggestions, or materials, so we must ask you not to send us your ideas for our business or products. If, despite this request, you send us suggestions or ideas (“Submissions”), the Submissions shall be deemed to have been submitted voluntarily and shall remain the property of Logistick.  Logistick shall have the right to copy, distribute, transmit, perform, display, modify, adapt, and otherwise use your Submission for any purpose whatsoever (including, without limitation, in the development, manufacture and marketing of products and services based on or incorporating ideas, know-how and techniques contained in your Submission), in all forms and media (including, without limitation, by means of the Internet or other electronic media) throughout the world. Logistick shall assume no duty of confidentiality, express or implied, with respect to any Submission and will have no liability for the use or disclosure of your Submission. Accordingly, Logistick will have no obligation to treat your Submission as confidential or to compensate you or anyone else for your Submission or any use of your Submission by Logistick or others.

Email Notifications

As part of your use of the Website, you may be asked to elect to receive email notifications from Logistick. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Logistick related to the Website.

By using the Website, you consent to receive from Logistick all communications, including notices, agreements, legally required disclosures or other information in connection with the Website (collectively, “Notices”) electronically. Logistick may provide such Notices by posting them on or within the Website or by otherwise sending or communicating them to you. You agree that we may communicate with you regarding Logistick by electronic means to your mobile device and that certain information about your usage of the Website may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device. Logistick may email you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.

You may opt-out of receiving further notifications in association with the Website by completing the opt-out process provided to you with each email message. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you.

Third Party Sites

This Website may contain links to third party websites. Logistick does not endorse, monitor, or have control over the content or privacy policies of any third party websites to which our Website links, and is not responsible for (and under no circumstances shall be liable for) the content, accuracy, or reliability of any websites linked to this Website.These sites operate independently of our Website and have established their own terms of use and privacy policies. We encourage you to be aware of when you leave our Website and to read the terms and policies at any website you visit. Your use of third party websites is at your own risk.

Warranty Disclaimers

You acknowledge that Logistick has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Website; (2) what effects the content on the Website may have on you; (3) how you may interpret or use the content on the Website; or (4) what actions you may take as a result of having been exposed to the content on the Website.

Logistick makes no representations concerning any content contained in or accessed through the Website, and Logistick will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Logistick makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Logistick cannot guarantee that you will obtain the results you seek or warrant that Website will be error-free.  Logistick makes no representation or warranty of any kind with respect to use of Website or the use or accuracy of the information on the Website.

USER ACCESSES THE WEBSITE AT HIS OR HER OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER LOGISTICK NOR ITS AFFILIATES, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF LOGISTICK, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. LOGISTICK IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE WEBSITE. IN NO EVENT WILL LOGISTICK OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL LOGISTICK OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE. IN NO EVENT SHALL LOGISTICK BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE WEBSITE (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.

Limitations of Liability

IN NO EVENT SHALL LOGISTICK BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE WEBSITE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.

Logistick shall have no liability for incorrect information, including but not limited to, content, text, drawings, specifications, manuals, guides, and prices on this Website and may cancel any affected information, content, or orders at any time upon notice to you.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Website, or this Agreement, must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Logistick as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Logistick, its directors, officers, shareholders, parents, subsidiaries, affiliates, employees, agents, licensors, and others involved in the Website or the delivery of products, services, or information over the Website (the “Indemnified Parties”) harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of any of these Terms, any law, or the rights of any third party. You also agreed to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website. Logistick reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to fully cooperate with Logistick in asserting any available claims and/or defenses.

Termination

Logistick may change, suspend or discontinue the Website for any reason, at any time, including the availability of any service, feature, or Content, with or without notice to you. Logistick may also impose limits on certain Website features, or Content, or restrict your access to parts or all of the Website with or without notice to you.

Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Website, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Website, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

International Use

The Website is operated, in whole or in part, from the U.S.A. Logistick makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

General

The Terms constitute the entire agreement between Users of the Website and Logistick, and regarding the subject matter hereof. If you breach any term of the Terms, Logistick may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Logistick’s remedies are cumulative and not exclusive.

You acknowledge and agree that this Website shall be deemed a passive website based in Indiana, which does not give rise to personal jurisdiction over Logistick in jurisdictions other than Indiana. You agree that this Website, Terms, Privacy Policy and any dispute between you and Logistick shall be governed by and construed in all respects in accordance with the laws of the State of Indiana, without regard to choice of law provisions. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Indiana. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this agreement shall be adjudicated within the U.S. in the manner described herein.

If Logistick is obligated to go to court to enforce any of the Terms and/or any of its rights, you agree to reimburse Logistick for its respective legal fees, costs, and disbursements if Logistick is successful.

Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Logistick products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the State of Indiana.

Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Logistick products) must be commenced within one (1) year after the claim or cause of action arises.

Logistick may assign its rights and duties under this Agreement to any party at any time without notice to you.

Failure of Logistick, to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of the terms herein by Logistick must be in a writing signed by an authorized officer of Logistick and expressly referencing the applicable provisions of the Agreement.

Users of the Website are responsible for compliance with all applicable regulations and laws. The Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. These Terms and your use of the Website, including the submission of any content to the Website, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and Logistick or its licensors or affiliated parties. Your use of the Website is intended for your enjoyment and benefit and the provision of the Website to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Website. Logistick reserves the right at all times to disclose any information as  Logistick deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Logistick’s sole discretion.

Severability

If any provision herein is found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between such Terms and these provisions, such specific Terms shall control. These Terms and any other operating rules or Terms currently posted on the Website constitute the entire agreement between Logistick and the users of the Website, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Logistick may be construed as a waiver of any part of these Terms. Specific areas or pages of this Website may include additional or different terms relating to the use of this Website or the rights or obligations of you or Logistick.

Trademark Information

The following trademarks used herein are owned by Logistick:  Logistick®, Loadbar®, Loadbar XL®, Loadbar Wide®, Intermodal Wedge®, Intermodal Strap®, Freight Securement Solutions®, Freight Damage Prevention Solutions®, International Strap®, Floor Brace®, Wedge System®, The Wedge®, Wedge XL®, Wedge International®, Logipad®, Super Wedge®, Super Strap® and Innovators of Freight Securement Systems®. Logistick also may own trademark and related rights in the shape or appearance of one or more of its products.

Copyright © 2018 Logistick, Inc. All rights not expressly granted herein are reserved.

DMS 12046954v2

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