- Access and Security
KPI Logistics reserves the right to withdraw this Website and any service or material we provide on this Website in our sole discretion without notice. KPI Logistics may restrict access to some parts of the Website, or the entire Website, to users, including registered users (defined below).
As part of this Website, KPI Logistics offers its clients the ability to view and monitor certain information pertaining to their respective accounts and transactions with KPI Logistics. To access such account, you (a “registered user”) choose, or are provided with, a use name, password or any other information as part of our security procedures. You will be required to use such username and password each time you access the portal. You agree to treat such information as confidential. You agree not to disclose such information to any other person or entity and agree not to provide any other person or entity with access to this Website or portions of it using such information. You agree to notify KPI Logistics immediately at firstname.lastname@example.org of any breach of security, including, without limitation, unauthorized access to or use of your username and password. You agree to ensure that you exit from your account at the end of each session.
- Intellectual Property Rights; Restrictions on Use of Information and Content
All information and content provided on this Website, whether explicitly marked or not, including but not limited to, text, graphics, image, software, displays, and the design, selection and arrangement thereof, is owned by KPI Logistics, its licensors or other providers of such material, and is subject to US and international copyright and unfair competition laws.
All trademarks, service marks, and trade names, whether explicitly marked or not, used on this Website, including KPI Logistics’ name, logos, service and material names, and designs on this Website (collectively, the “Marks”) are owned by or licensed to KPI Logistics or its licensors, and are subject to applicable law, including but not limited to trademark and unfair competition laws.
- Prohibited Use
- To violate any applicable federal, state, local law or regulation in any way;
- To transmit, or procedure the sending of, any advertising or promotional material without prior written consent of KPI Logistics, including any “junk mail,” “spam,” or any other similar solicitation;
- To engage in any conduct that restricts or inhibits anyone’s use of the Website, or which may harm KPI Logistics or users of the Website or expose them to liability;
- To monitor or copy any of the material on this Website or for any other unauthorized purpose without prior written consent of KPI Logistics;
- To gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any serve, computer or database connected to the Website;
- To introduce viruses, spyware, worms or other material which is malicious or technologically harmful to this Website; and
- To interfere with the proper working of this Website.
Should you send any data such as comments, feedback, notes, messages, suggestions, questions or other communications (collectively “Communications”) to KPI Logistics, such Communications shall be and continue to be the exclusive property of KPI Logistics. You agree to release, and to the extent such release is not permitted, assign, any and all rights, interests, and titles you may have in such Communications to KPI Logistics. Such Communications will not be confidential, and KPI Logistics will be entitled to use, reproduce, disclose, publish or distribute any Communications for any purpose whatsoever to others without any limitation or restriction, including but not limited to, using any ideas, concepts or techniques contained in such Communications to develop and market its business.
- Disclaimer; No Liability
You acknowledge and agree that your use of this Website, its content and information, and any services obtained through this Website is at your own risk.
KPI Logistics do not make any warranty or representation with respect to the completeness, security, reliability quality, accuracy or availability of the Website. Without limiting the foregoing, KPI Logistics further do not represent or warrant that this Website, its content or any services obtained through this Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that this Website or the server that makes it available are free of viruses or other harmful components, or that any services listed on or accessed through this Website will be available for use or not withdrawn at any time
This Website, its content and information, and any services obtained through this Website are provided on an “as is” and “as available” basis. KPI Logistics hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The foregoing provision does not affect any warranties which cannot be excluded or limited under applicable law.
KPI Logistics will not, under any circumstances, be liable for damages of any kind, arising out of or in connection with your use, or inability to use, this Website and any content of this Website, including any direct, indirect, incidental, punitive, special and/or consequential damages, including but not limited to, any lost profits, loss of prospective economic advantage, business interruption, use, goodwill, or data, or other otherwise arising out of the use, misuse of or inability to use this Website or the information, content, documents or software thereof, whether caused by tort (including negligence), breach of contract, or otherwise, even if KPI Logistics is aware of the possibility of such damages or for any claim by a third party.
Content posted on this Website is not a representation or warranty by KPI Logistics that such services will be available to you. You agree to contact a representative of KPI Logistics at (866) 365-7025 to ensure that such services are available for you.
- Geographical Restriction
This Website is intended for use only by persons located in the United States. KPI Logistics makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you agree to do so on your own initiative and are responsible for compliance with any applicable law.
- Dispute Resolution – Arbitration.
10.3 Proceeding and Award. The arbitrator, in the interest of justice, shall have the power to order discovery reasonably necessary to enable the parties to participate effectively in the evidentiary hearing and consistent with the parties’ intent that the arbitration be an efficient and economical proceeding, including a pre-hearing exchange of non-privileged documents. The arbitrator may permit depositions and the exchange of summaries of testimony of proposed witnesses or other appropriate discovery of information. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter(s) in question would be barred by the applicable statute of limitations, and the arbitrator shall reject any claim that is not based upon a timely filed demand. All of the provisions of § 1283.05 of the California Code of Civil Procedure are hereby expressly made applicable to any arbitration conducted hereunder. The arbitrator may not award punitive damages unless previously agreed to in writing by the parties or unless such damages are required by law to be an available remedy in such cases.
11.4 Section. The titles herein are for convenience only and have no legal or contractual effect.