Terms of UseNOTE: Please print these Terms and Conditions and keep a copy for your records. The use of this site is governed by this User Agreement ("Policies" or "Terms and Conditions") set forth below. Please read them carefully. Your use of the Ecologistics Corp. ("The Company") web site indicates your acceptance of these Terms and Conditions. By agreeing to the Terms and Conditions you agree that you are authorized to enter into this legal relationship with The Company and represent your company. The Company, its affiliates, and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. The company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement. This Agreement may not be otherwise amended unless signed in writing by The Company.
Accepting the Terms and Conditions By using The Company Web Site, you agree to the provisions contained in these Terms and Conditions, which govern your use of The Company's services. By accessing or using the Site, you agree to be bound by this Agreement. The Company and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. Note: This agreement applies to both members and non-members of The Company. If you are a member, you are bound by the terms and conditions set forth in these terms of use to the extent not inconsistent with or not contrary to the terms and conditions of your membership agreement and any transaction rules. The information and services offered on the Site are provided with the understanding that neither The Company, nor its suppliers or users, are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. The Company and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other material on this Site. While The Company strives to keep the information on this Site accurate, complete, and up-to-date, The Company and its suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information. If you have any questions about these Terms and Conditions, please contact:
Ecologistics Corp., 4211 Randy Ct. Mays Landing, NJ. 08330 1-800-463-2692
Copyright and Trademark Notice This site is owned and operated by The Company. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of The Company, Copyright © 2000, ALL RIGHTS RESERVED. All audio and video clips are the sole property of The Company or their respective content providers. All software used on the site is the sole property of The Company or those supplying the software. You may use the content of this site for transportation and fulfillment purpose only. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without The Company’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Pricing Schedule and Services
The pricing schedule for The Company's warehousing and fulfillment services can be accessed on The Company's Web Site. Pricing for transportation services can be accessed on the Quotes and Ship sections of the Web Site. Prices are subject to change at any time and for any reason at the whole discretion of The Company. We may in our sole discretion change some or all of our services at any time. You are responsible for paying all fees associated with using our service and Web Site and all applicable taxes.
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to The Company that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
Disclaimer of Warranties
You expressly understand and agree that: (a) Your use of this Site and the service offered at the Site is at your sole risk. This Site is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express of implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (b) The Company makes no warranty that (i) The Site or services will meet your requirements, (ii) The Site or services will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the Site or the services will be accurate or reliable, or (iv) The quality of any products, services, information, or other material obtained by you through the Site will meet your expectations. (c) Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from The Company or through or from the Site or any service offered thereof shall create any warranty not expressly stated in this agreement.
Limitation of Liability
You expressly understand that The Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Company has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Site or services; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into on the Site or through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the service; or (v) Any other matter relating to the Site or the services. You release The Company (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual, consequential, and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the The Company Web Site or such disputes. You waive the provisions of any state law limiting or prohibiting a general release.
General Liability
Ecologistic's liability for loss, damage, or destruction to commodities or articles subject to liability limitations on the Bill of Lading or as provided in the NMFC is limited to: (1) the actual manufacturing cost invoice value of the commodities or articles lost, damaged or destroyed;
(2) limited liability provisions of the Bill of Lading;
(3) applicable limited liability provisions of the NMFC; or
(4)* $0.50 per pound per package for actual NMFC class 50-70;
$1.00 per pound per package for actual NMFC class 77.5;
$2.60 per pound per package for actual NMFC class 85-100;
$5.00 per pound per package for actual NMFC class 110-150;
$5.00 per pound per package for actual NMFC class 175-500;
Unless Excess Declared Value Coverage is requested and the additional charges are paid. Ecologistic's liability for losses, damage, destruction or theft of Goods while under the direct control Ecologistic's subcontracted carrier shall be limited to those subject to a “valid claim” as determined under the claims recovery procedures of such carrier. Legal limits on carrier liability shall be applicable to any liability of Ecologistic's for carrier act or omission. *Used or antique products are not covered in the per pound per package rates listed. The maximum liability for used or antique products is $0.50 per pound per package unless Excess Declared Value Coverage is requested and the additional charges are paid. In no case shall Ecogistic's liability exceed $100,000.00 per shipment unless Excess Declared Value Coverage is requested and the additional charges are paid.
Terms of Use
The transportation services arranged by The Company shall be subject to all of the terms and conditions of the Uniform Straight Bill of Lading (long-version) as set forth in the National Motor Freight Classification 100-X and successive issues. The Shipper, Consignee, and Holder of said bill of lading hereby certify that they are familiar with all the terms and conditions of this document, including those found on the reverse-side thereof, and the said terms and conditions are hereby agreed to by the Shipper, Consignee, and Holder for themselves and their respective agents and assigns. To receive a copy of the Uniform Straight Bill of Lading (long-version), please contact the customer service department of the National Classification Committee for the American Trucking Association at (703) 838-1810. The laws and related regulations governing transportation by for hire motor carriers contained in Title 49 of the United States Code are applicable to The Company. The Company will not be liable for any claims arising from services relating to the warehousing, fulfillment, or transportation of goods or products. The Company is not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortuous behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In no event shall The Company's total cumulative liability exceed $100.00. Without limiting any other remedies, The Company may suspend or terminate your account if you are found (by conviction, settlement, insurance, escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our Site. Claim Filing – Minimum Allowable Claim = $25.00
Claims for less than $25.00 will not be honored. Administrative Costs of filing and following up on such claims would normally exceed the amount of recovery for the customer. Warehouse’s and Carrier’s position is that filing and processing such claims is not economically prudent for any of the parties involved. Thus, if any such claims are received they will be declined pursuant to this item and considered closed. “This does not apply to parcel shipments.”
Controversy Resolutions
The resolution of controversies involving claims on Shipments shall involve The Company only as a facilitator and only to the extent of the involvement of The Company pursuant to these rules; and, where a claim arising out of the transportation service provided on a Shipment exists, that claim shall be resolved between the Shipper, the Consignee, the Transportation Service Provider, and other parties directly. The specific terms governing the resolution of several areas of controversies are as follows: | | A. | Refused or Undeliverable Shipments. The refusal or other inability to deliver a Shipment shall be resolved by, |
| | i. | Immediate notification to The Company by the Transportation Provider of a refusal or failure of a Consignee of the Shipment, the appearance of an incorrect delivery address, or other reason for an inability to deliver the Shipment; | | | ii. | The transportation and disposition of the shipment by the Transportation Provider in compliance with the direction of The Company; | | | iii. | The sale of the Shipment by the Transportation Provider at the direction of The Company; and | | | iv. | The application of any sale proceeds on the sale of a Shipment, |
| | | | a. | First to the expense of the sale, | | | | | b. | Second to the expense of caring for and maintaining the consist of the Shipment, | | | | | c. | Third to the payment of the freight and other lawful reasonable charges of the Transportation Provider, | | | | | d. | Fourth to the expense of The Company, |
| | B. | Damaged and Lost Shipments. Damage to a Shipment or a loss of a Shipment shall be resolved by, |
| | i. | Immediate notification to The Company by the Shipper, Consignee, or Transportation Provider of a notice of damage or of a loss of a Shipment; | | | ii. | Notification by The Company to the Shipper or Consignee of the notice of damage or of the loss of a Shipment; | | | iii. | The payment of the full declared value as damage for full or partial loss due to damage to the Shipment or the loss of the Shipment by the Transportation Provider to the Shipper or Consignee or the designee of the Shipper or Consignee, subject to the liability standards of 49 USC §14706; and, | | | iv. | Transportation Provider shall be deemed the sole cause of any damage to a Shipment or loss of a Shipment signed clear at origin, provided, the rules governing concealed damage shall apply. |
| | C. | Delayed Shipments. A Transportation Provider covenants to deliver all Shipments as directed at the inception of a Shipment or as expedited thereafter and agreed to by the Transportation Provider, except where there is no delivery scheduled and in those instances the Transportation Provider covenants to deliver any such Shipment with reasonable dispatch, and where a Transportation Provider fails these specific covenants, the resulting delays shall be resolved by the payment of the cost of returning or diverting the Shipment for delivery in the event the Shipment is refused by the Consignee when delivery is offered by the Transportation Provider as well as other damages that accrue at law to motor common carriers for delay by motor common carriers. |
| | D. | Procedures For Claims On Shipments. The procedures that shall be followed in processing any claims on Shipments until the commencement of arbitration or the filing of suit shall be as follows: |
| | i. | The Shipper or Consignee and the Transportation Provider shall copy The Company on all communications so as to allow The Company to carry out its sole duty of facilitating and resolving each failure of delivery, refusal of delivery, delay in delivery, and damage or loss of a Shipment. | | | ii. | Shipper or Consignee shall have nine (9) months from the date of the completed delivery of the shipment to which the loss, damage, or delay occurred in which to make a claim for such loss, damage, or delay, that Shipper or Consignee first learns of a loss, damage, or delay to make a claim for damages due to such loss, damage, or delay to a Shipment. | | | iii. | Shipper or Consignee shall serve notice of a claim by U.S. Mail, a nationally recognized courier service, or by Internet communication through The Company. | | | iv. | Transportation Provider shall acknowledge receipt of a claim within fifteen (15) days by U.S. Mail, a nationally recognized courier service, or by Internet communication through The Company. | | | v. | Except where otherwise provided by these Governing Rules, all claims on Shipments shall be filed and processed in accordance with the provisions of 49 CFR Part 370. | | | vi. | No salvage shall be allowed a Transportation Provider pursuant to 49 CFR Section 370.11, "Processing of Salvage", without the prior express written consent of the Shipper or Consignee. | | | vii. | A claim shall be deemed filed by the Shipper or Consignee by the presentation of the claim or the notation of loss or damage on the Shipping Receipt without regard to additional in compliance with the requirements contained in 49 CFR Section 370.3, "Filing of Claims". | | | viii. | All actions at law or pursuant to arbitration to resolve claims shall be commenced no later than two (2) years after a written declination of a claim has been delivered by the Transportation Provider to the Shipper or Consignee. |
| | E. | Property Damage And Personal Injury Claims. All property damage to property other than the contents of a Shipment and all injuries to persons shall be processed as follows: |
| | i. | Shipper or Consignee and Transportation Provider shall copy the The Company on the notice of any incident involving property damage or personal injury and, after such notice all communications and other responsibility regarding any such incident shall be solely that of the Shipper or Consignee or Transportation Provider involved with the incident of property damage or personal injury; | | | ii. | The Company may, but shall not be responsible for, forwarding notice of any incident involving property damage or personal injury to the counterpart party to the Shipment related to such an incident. | | | iii. | No other involvement or responsibility on the part of The Company shall arise or ever exist where incidents resulting from a Shipment involving property damage or personal injury arise. |
Links to Third-Party Sites and Third-Party Content
The Company Web Site may contain links to third-party Web Sites not under the control or operation of The Company. The Company provides links only as a convenience and does not endorse and is not responsible for the contents of any linked Site or any link contained in a linked Site. Because The Company's privacy policy is applicable only when you are on our Site, once linked to another Web Site, you should read that Site's privacy policy before disclosing any personal information. The Company Web Site may contain news and information published by various third-party providers. These third-parties have their own terms and conditions. The Company is in no way responsible for the content of any Site owned by a third-party that may be linked to The Company's Web Site via hyperlink, whether such hyperlink is provided by The Company or by a third-party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Site to which The Company may link, including information on the Site regarding The Company, and The Company takes no responsibility thereof. By providing access to other Web Sites, The Company is not endorsing services provided by any Web Site's sponsoring organization. Likewise, The Company is not responsible for content that appears on The Company that may be provided by a third-party.
Termination
Without limiting other remedies, The Company may immediately, at its sole discretion, issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our services to you under the following conditions: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users, or us. Any user may terminate that user's membership upon thirty days notice to The Company. No termination shall impair or otherwise affect the obligations of a user or due to a user.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees made by any third-party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third-party.
Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of The Company Web Site. YOU ARE RESPONSIBLE FOR PAYING ALL APPLICABLE FEES AND TAXES YOU INCUR FOR TRANSPORTATION AND/OR WAREHOUSE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICABLE SALES, USE, AND EXCISE TAXES. You acknowledge that The Company has an express policy of complying with the antitrust laws and that the operation of The Company Web Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use The Company Web Site to violate the antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive agreement among competitors.
Our Relationship
The Company is only a Site for electronic commerce activities, and The Company does not perform any of the activities on behalf of any user. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement between you and The Company. These Terms and Conditions are an agreement between you and The Company and are not intended to be for the benefit of any third-party.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to: Ecologistics Corp. 4211 Randy Ct. Mays Landing, NJ 08330 or to the email address you provide to The Company during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, in which case notice shall be deemed given 5 days after deposit in U.S. certified mail, postage prepaid, with return receipt requested to the most recent address listed on The Company's records. Use of Submissions Except as otherwise set forth in these Terms and Conditions, postings to and communications with the Site are private. However, you grant The Company the unrestricted right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site (including your identity and information about you) for any purpose, including commercial uses, and to authorize others to do so. Any information you submit to The Company in any medium shall become the property of The Company and shall not be returned to you. Governing Laws and Jurisdiction The Company is operated from its offices within the State of New Jersey, United States of America. The Company does not claim that materials in this Site are appropriate or available for use in locations other than New Jersey. If you choose to access this Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. As each of these places have laws that may differ from those in New Jersey, by accessing The Company Web Site, you agree that these Terms and Conditions and your use of The Company Web Site shall be governed in all respects by the internal substantive laws of the State of California, without regard to conflict of law provisions. Arbitration Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or The Company may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey necessary to protect the rights or property of you or The Company pending the completion of arbitration. The laws of the State of New Jersey govern these terms. In any legal action relating to these terms, you and The Company agree to file such action only in Atlantic County, New Jersey, or the United States District Court for the Central District of New Jersey, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. Other General Provisions If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. By using our services and The Company Web Site, you represent and warrant that you can form legally binding contracts under applicable law, and that you are not a consumer user. These Terms and Conditions, and all writings incorporated by reference into the Terms and Conditions, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Document Control – Version 2.0 March 1, 2008 |
