LogisTalk Terms of Service

Welcome to the LogisTalk.com web site.

This web site provides an on-line message board with regard to information on the logistics and transportation industry. This web site provides an on-line electronic message board for transmission of messages among businesses and individuals concerning any logistics or transportation issue. The following are the terms and conditions for use of the LogisTalk.com web site, including without limitation posting messages, e-mail and other services, which may be offered from time to time by LogisTalk.com for use with your account login name (each feature individually and collectively referred to as the "Service"). Please read them carefully. By registering or posting messages for our web site, 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.

INFORMATION MUST MEET POSTING CRITERIA, PRIOR TO BEING POSTED TO THE LOGISTALK.COM WEBSITE

CRITERIA SUMMARY:

1) THE INFORMATION MUST DESCRIBE AN ACTUAL, FIRST HAND EXPERIENCE OF A BUSINESS or INDIVIDUAL.

2) THE INFORMATION MUST BE WRITTEN BY THE PERSON IN THE BUSINESS THAT HAD THE EXPERIENCE.

3) THE INFORMATION CONTENT MUST BE CONSTRUCTIVE IN NATURE.

For security reasons, LogisTalk.com will not open e-mail attachments. Only send messages to LogisTalk.com in full-text form (typewritten in the body of a message board posting form).

LogisTalk.com is not responsible for the validity of the information posted to the LogisTalk.com website. LogisTalk.com does not knowingly post incorrect information to its site.

Much of the information posted to the LogisTalk.com website represents an historical 'snapshot' of an ongoing situation, as seen through the eyes and perception of a business that may have incomplete or inaccurate information at its disposal.

The point being that the user had a positive intent in writing its message; in helping itself and in helping other businesses or individuals. This positive intent, as perceived by LogisTalk.com, is a requirement for a business or individual to post a message to the LogisTalk.com site.

LogisTalk.com always welcomes the opportunity to update any message with more current information.

Due to the passage of time, or other factors, posted messages may be inaccurate or incomplete or the current status of the situation may be different than the situation (s) described in the posted message. LogisTalk.com welcomes all opportunities to attempt to make any and all posted messages more complete or accurate or more up-to-date. Please post reply updates to inaccurate, incomplete or obsolete postings. Update postings will appear as 'threads' to the original posting.

Posted messages don't 'expire.' Posted messages are historical, dated messages that may be updated by either the business that had the experience or by business interests related to the posted messages.

In the event that the message is a complaint, it is a description of a situation experienced by the registered message board user. A complaint is only an opinion of the user; a perception of the user. That perception and/or opinion based on its experience can be powerful, or meaningless, depending upon the context and content of what is written and how that information is interpreted by whoever reads it, which of course varies from person to person, depending on who they are, their own personal experiences, biases, opinions, etc. No conclusions are drawn by LogisTalk.com, as to content validity.

To be eligible for posting to the LogisTalk.com web site, messages must describe a personal, firsthand experience. If a person experienced something personally, that person owns that information about their perception of that personal experience, and is free to discuss it, as a citizen
and legal entity, unless previously, contractually bound otherwise. LogisTalk.com, does not post information which is knowingly incorrect or misleading. Messages which are determined to be incorrect or misleading are not posted. Messages which are determined to be incorrect or misleading at a later date are deleted from the LogisTalk.com web site, when that determination is made by LogisTalk.com. LogisTalk.com always welcomes the opportunity to post all sides of any message posted. LogisTalk.com does not notify a company that a message was posted about that business.

Individuals have the responsibility to notify the involved parties of their own posted messages.

LogisTalk.com is only one resource, among many, available to businesses, on the Internet, in print, etc. The LogisTalk.com web site is meant to help businesses and professionals make better decisions with regard to logistics and transportation, and help logistics service providers better serve their customers. Visitors to the LogisTalk.com web site are free to form their own conclusions about any content or information on our site, which is meant to be a place for businesses to exchange information about logistics services and issues, in a constructive and meaningful way.

Contested Messages

For contested messages, please post a reply to the subject message posted to the LogisTalk.com web site. LogisTalk.com always posts all sides or opinions derived due to having experienced a situation personally.

A reply posting is posted on the same 'thread' as the related message. Since the original messages and any replies are grouped together on the same 'thread', any site visitor reading the original message will ALSO see the related replies. Any site visitor reading any replies will ALSO see the related original message.

We pledge and promise to post all relevant content to the LogisTalk.com web site for public view.

Content (messages) posted to the LogisTalk.com web site are only one single resource for businesses to help draw their own conclusions, or not, about service providers and logistics issues.

LogisTalk.com seeks to promote healthy, constructive communication between business professionals and logistics service providers. We do our best to try to achieve this goal. If anyone has any ideas about how LogisTalk.com might do this better, we would appreciate hearing from you. Please post a message to LogisTalk.com with a subject line of 'LogisTalk.com'.

LogisTalk.com will post all views equally on our site, and will not take sides in any disputes that may arise.

LogisTalk.com will not make a determination as to whether a message is factually correct. LogisTalk.com does not knowingly post incorrect information to its site.

The messages posted to the LogisTalk.com web site are only the opinions of individuals and businesses. The messages do not represent the opinions of LogisTalk.com

Unless the intent of a message was deliberately invalid or misleading, the message will not be deleted from our site.

LogisTalk.com will notify users (by sending an e-mail) of account status changes. This includes account modification and account deletion.

We always welcome the opportunity to update messages (append information to messages) with more current information.

A Note about Complaints e-mailed to LogisTalk.com:

LogisTalk.com receives message postings from businesses and individuals, which are posted to our site, indexed, and made available for search by visitors to the site at http://www.LogisTalk.com
E-mail names and addresses may not be accurate or may be forged by the sender.

LogisTalk.com reads each message, as they are posted to our web site, and checks that the message content meets our acceptance criteria for being posted to our site.

However, LogisTalk.com may make a mistake and post complaints that should not be posted.

LogisTalk.com will investigate and, if necessary, correct mistakes or delete postings, if it is notified about the situation by any party.

The LogisTalk.com web site is only a platform for businesses to post messages; LogisTalk.com does not look up or provide e-mail addresses for subject companies or individuals.

If a user provides the e-mail address for a subject company or individual in the body of a posted message, LogisTalk.com will not forward the message to the company's or individual's e-mail address provided.

LogisTalk.com may or may not help users resolve issues in messages posted to its web site.

LogisTalk.com is not responsible, in any way, for providing or helping to provide responses to messages posted by users on the LogisTalk.com web site.

MEMBER CONDUCT

As a condition of your use of the Service, you warrant to LogisTalk.com that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

The Service is provided to registered users for their use only. You agree to use the Service only to post (send) and view (receive) messages. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

-Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).

-Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

-Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.

-Advertise or offer to sell or buy any goods or services for any non-personal purpose.

-Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

-Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.

-Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.

-Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.

-Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.

-Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.

-Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.

-Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.

-Interfere with another member's use and enjoyment of the Service or another individual or entity's use and enjoyment of similar services.

LogisTalk.com has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, LogisTalk.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

LINKS TO THIRD PARTY SITES

THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF
LogisTalk.com AND LogisTalk.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LogisTalk.com IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. LogisTalk.com is PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY LogisTalk.com OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. LogisTalk.com and/or its respective suppliers may make improvements and/or changes in the Service at any time.

LogisTalk.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. LogisTalk.com does not warrant or represent that the use or the results of the use of the Service or the materials made available, as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that LogisTalk.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service.

You specifically agree that LogisTalk.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that LogisTalk.com is not responsible for any content sent using and/or included in the Service by any third party. LogisTalk.com in not responsible, in any way, for providing or helping to provide responses to messages posted on the LogisTalk.com web site.

LogisTalk.com is not responsible for the validity of the messages posted to the LogisTalk.com site.

Content (messages) posted to the LogisTalk.com site are only a resource for businesses to use to draw their own conclusions about logistics services and issues. LogisTalk.com will post all views equally on our site and will not take sides in any disputes that may arise.

The LogisTalk.com site is only a platform to post messages; LogisTalk.com does not lookup or provide e-mail addresses for the subject companies or individuals.

LogisTalk.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LogisTalk.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL LogisTalk.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LogisTalk.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

INDEMNIFICATION

You agree to indemnify and hold LogisTalk.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

TERMINATION

LogisTalk.com may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

LogisTalk.com may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by LogisTalk.com. The amount of time that LogisTalk.com currently views as an "extended" period of time is 90 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service.

LogisTalk.com shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

LogisTalk.com will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably
calculated then you agree to pay LogisTalk.com liquidated damages of $5 for each piece of Spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise you agree to pay LogisTalk.com's actual damages, to the extent such actual damages can be reasonably calculated.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. LogisTalk.com shall not be responsible or liable for any part of any such dealings or promotions.

PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by LogisTalk.com, or LogisTalk.com's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. All user content (all information submitted to the LogisTalk.com site from users) is owned by LogisTalk.com including, but not limited to, messages, images and files. You may make a copy of this content for your non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

LogisTalk.com reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

GENERAL

The laws of the Commonwealth of Pennsylvania and the United States of America govern this agreement. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LogisTalk.com as a result of this agreement or use of the Service. LogisTalk.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LogisTalk.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by LogisTalk.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LogisTalk.com with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LogisTalk.com with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and LogisTalk.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

TRADEMARKS: LogisTalk.com products and services referenced herein are either trademarks or registered trademarks of Traffic Service Bureau, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.