Acceptance of the Terms and Conditions
These terms and conditions are entered into by and between You and Cargo Teleport Inc. (“Company,” “we,” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference
(collectively, “Terms of Use”), govern your access to CARGOTELEPORT.COM (referred to herein as the “Website”),
whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and
agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must
not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent
and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when
we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion
without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
From time to time,
we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all the information you provide on the Website is correct,
current and complete.
You agree that all information you provide to register with the Website or otherwise, including, but not limited to,
through the use of any interactive features on the Website, is governed by our Privacy Policy,
and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures,
you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge
that your
account is personal to you and agree not to provide any other person with access to the Website or portions of it using your
user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of
your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your account from a public or shared computer so that others
are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in
our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition
laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed,
or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Trademarks
The Company or Website name, the terms on the site, the Company or Website logo and all related names, logos, product and service names, designs and
slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior
written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website
are the trademarks of their respective owners.
Prohibited Activites
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including
any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use any information obtained from the Website in order to harass, abuse, or harm another person.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Copy or adapt the Website’s code.
- Delete the copyright or other proprietary rights notice from any Content.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Generated Contributions
The Website contain "Reviews", this interactive features (collectively, “Interactive Services”)
that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”)
content or materials (collectively, “User Generated Contributions”) on or through the Website.
All User Generated Contributions must comply with these Terms of Use.
Any User Generated Contribution you post to the Website will be considered non-confidential and non-proprietary.
By providing any User Generated Contribution on the Website, you grant us and our affiliates and service providers,
and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify,
perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
By providing any User Generated Contribution on the Website, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Generated Contributions
(including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or incorporate into other works, such User Generated Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
You represent and warrant that:
- You own or control all rights in and to the User Generated Contributions and have the right to grant the license granted
above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Generated Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Generated Contributions you submit or contribute, and you, not the Company,
have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We have the right, in our sole and absolute discretion:
- to edit, redact, or otherwise change any User Generated Contributions.
- to re-categorize any User Generated Contributions to place them in more appropriate locations on the Website.
- to pre-screen or delete any User Generated Contributions at any time and for any reason, without notice.
We have no obligation to monitor your User Generated Contributions.
We are not responsible, or liable to any third party, for the content or accuracy of any User Generated Contributions
posted by you or any other user of the Website.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Copyright Infringement
If you believe that any User Generated Contributions violate your copyright, please send us a notice of the copyright
infringement to devteam@cargoteleport.com.
The Company will review such notice and take those actions it deems appropriate in its sole and absolute discretion
against validated infringers.
Limitations of Liability
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH
INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE
PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF
ITS CONTENTS. THE WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS,
THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS AND/OR REPORTING SERVICES.
ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER
CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON
OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY.
WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED
BY ANY THIRD PARTIES.
Updates on the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date.
Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
External Links to the Website
You must obtain prior written approval from Cargo Teleport Inc. before linking to the Website. Company reserves
the right to revoke the consent to link at any time in its sole discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided
for your convenience only. This includes links contained in advertisements, including banner advertisements
and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility
for them and disclaim all liability for any loss or damage of any kind that may arise from your use of them.
If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own
risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand, acknowledge, and agree that we cannot and do not guarantee or warrant that files available
for accessing and/or downloading from the internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for maintaining a means external
to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR
TO YOUR ACCESSING AND/OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE,
ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED
WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers,
and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers,
successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these
Terms of Use or your use of the Website, including, but not limited to, your User Generated Contributions, any use of the
Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any
information obtained from the Website.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto
(in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule
(whether of the State of Florida or any other jurisdiction). In the event that the Arbitration provision herein is
found to be invalid or unenforceable then any legal suit, action or proceeding arising out of, or related to, these
Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of
the State of Florida, in each case located in the City of Orlando and County of Orange. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue in such courts. This provision shall
not limit the enforceability of the foregoing Arbitration provision in any way, but shall only be applicable should
such Arbitration provision be found invalid or unenforceable.
Arbitration
ANY DISPUTE, CONTROVERSY OR CLAIM OF ANY KIND AND NATURE ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE TERMS
OF USE, THE WEBSITE, OR USE OF THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION,
VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, SHALL BE SUBJECT TO FINAL AND BINDING ARBITRATION UNDER
THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING FLORIDA LAW. THE ARBITRAL TRIBUNAL
SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY
PORTION OF THE AGREEMENT TO ARBITRATE. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT
DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE TRIBUNAL’S POWER TO RULE ON ITS OWN
JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE TRIBUNAL HAS NO POWER TO RULE ON
THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS.
IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF
THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert
a right or provision under these Terms of Use shall not constitute a waiver of such right or provision or of any other
right or provision. If any provision of these Terms of Use is held by an arbitrator, an arbitral tribunal, a court or
other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall
be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in
full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and any applicable terms of sale or other terms and conditions that are incorporated
by reference into these Terms of Use constitute the sole and entire agreement between you and Cargo Teleport Inc. with respect
to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Website. In the event of a conflict between these Terms of Use and any other
applicable agreement, the terms of such other agreement shall govern.
CONTACT US
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Webite,
please contact us at: Cargo Teleport Inc., Orlando, FL, email: devteam@cargoteleport.com