THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THIS eShipPlus® ONLINE FREIGHT SCHEDULING PLATFORM (“PLATFORM”). THE PLATFORM IS AVAILABLE FOR THE ENROLLED CUSTOMER, SHIPPER AND/OR CONSIGNEE, AS THE CASE MAY BE (“CUSTOMER”), USE ONLY – ON THE CONDITION THAT CUSTOMER AGREES TO THE TERMS OF USE SET FORTH BELOW. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF USE, CUSTOMER IS NOT PERMITTED TO ACCESS OR USE THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, CUSTOMER AND ANY ENTITY IT IS AUTHORIZED TO REPRESENT SIGNIFY ITS AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

1. Eligibility

The Platform is provided by Logistics Plus, Inc. (“LP”) and is available only to entities and persons over the legal age of majority who can form legally binding contract(s) under applicable law. If the Customer does not qualify, he/she/it is not permitted to use the website.

2. Scope

These Terms & Conditions govern Customer’s use of the Platform and all applications, software, and services (“Services”) available on the Platform.

3. Modification

LP may revise and update these Terms of Use at any time. Customer’s continued use of the Platform after any changes to these Terms of Use will mean Customer accepts those changes. Any aspect of the Platform may be changed, supplemented, deleted or updated without notice at the sole discretion of LP. LP may also change or impose fees for products and services provided through the Platform at any time in its sole discretion.

4. License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Platform and its contents (collectively, the “Content”) are the sole property of LP, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. The Content of the Platform is also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Platform are trademarks, service marks or trade dress (“Marks”) of LP, its affiliates or other entities that have granted LP the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of LP. Except as otherwise expressly authorized by these Terms & Conditions, Customer may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Platform in any way without LP’s or the appropriate third party’s prior written permission. Except as expressly provided herein, LP does not grant Customer any express or implied rights to LP’s or any third party’s Intellectual Property. LP grants Customer a limited, personal, nontransferable, non-assignable, revocable license to (a) access and use the Platform, Content and Services only in the manner presented by LP, and (b) access and use the LP computer and network services offered within the Platform (collectively, the “LP Systems”) only in the manner expressly permitted by LP. Except for this limited license, LP does not convey any interest in or to the LP Systems, information or data available via the LP Systems (the “Information”), Content, Services, the Platform or any other LP property by permitting Customer to access the Platform. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold, redistributed, reverse-engineered without the prior written consent of LP. Customer may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way, unless expressly permitted to do so by LP.

5. Prohibited Uses

In addition to other conditions set forth in these Terms of Use, Customer agrees that:

1. Customer shall not disguise the origin of information transmitted through the Platform.
2. Customer will not place false or misleading information on the Platform.
3. Customer will not use or access any service, information, application, or software available via the Platform in a manner not expressly permitted by LP.
4. Customer will not input or upload to the Platform any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, the Platform or Information or that infringes the Intellectual Property (defined below) rights of another.
5. Certain areas of the Platform are restricted to customers of LP.
6. Customer may not use or access the Platform or the LP Systems or Services in any way that, in LP’s judgment, adversely affects the performance or function of the LP Systems, Services or the Platform or interferes with the ability of authorized parties to access the LP Systems, Services or the Platform.
7. Customer may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of LP.

6. Termination

Customer agrees that LP, in its sole discretion, may terminate or suspend Customer’s use of the Platform, the LP Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, Customer must immediately (a) discontinue use of the Platform, and (b) destroy any copies Customer made of any portion of the Content. Accessing the Platform, the LP Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, Customer agrees that LP shall not be liable to Customer or any third party for any termination or suspension of Customer’s access to the Platform, the LP Systems, Information and/or the Services.

7. Disclaimer of Warranties

LP MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE PLATFORM, THE LP SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT CUSTOMER’S OWN RISK.

THE PLATFORM, THE LP SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. LP, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. LP AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE PLATFORM OR THE LP SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY LP IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO CUSTOMER. IF CUSTOMER IS DEALING AS A CONSUMER, ITS STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. CUSTOMER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT LP IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, LP IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LP, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED WITHIN THE PLATFORM BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM, THE LP SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

9. Governing Law and Jurisdiction

THE VALIDITY, PERFORMANCE AND CONSTRUCTION OF THESE TERMS OF USE SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA.

Any action arising out of or relating to these Terms of Use will be subject to exclusively venue in the Court of Common Pleas of Erie County, Pennsylvania or in the United States District Court for the Western District of Pennsylvania. Customer hereby irrevocably consents and submits to the personal jurisdiction of said courts for all such purposes. Customer agrees that any claim or cause of action arising out of or related to your use of the web site, the LP systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.

10. General

Customer may not assign these Terms of Use or any of Customer’s interests, rights, or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. Complete Agreement

Except as expressly provided in a separate license, service or other written agreement between Customer and LP, these Terms of Use constitute the entire agreement between Customer and LP with respect to the use of the Platform, the LP systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof.