Last Updated: Thursday, February, 2017
1. The Services
The Services are currently designed for users who are interested transporting cars. The Services are mainly targeted to U.S. residents; The Services are currently provided for fee agreed upon by the customer and EM LOGISTICS, however EM LOGISTICS reserves the right to charge fees with respect to some or all of the Services in the future.
The Services governed by these Terms allow (or may allow you in the future) to:
- Submit Your Content. One or all of the Services may include "Interactive Areas" on which users may connect with each other and share information, recommendations and reviews. Any content submitted by users to EM LOGISTICS (including without limitation, such recommendations, reviews, user's full name, vehicle photos or other user proprietary materials, whether or not via the Interactive Areas) shall be called "Submissions". (Each, a "Service" and collectively, the "Services").
Each Service includes our proprietary content or licensed content of others, and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Service, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Service (collectively, the “Content”).
THE USE OF THE SERVICES MAY ENABLE USERS TO FACILITATE A CONNECTION WITH THIRD PARTIES (INCLUDING WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS OR OTHER USERS WHO MAY BE INTERESTED IN SELLING VEHICLES). EM LOGISTICS DOES NOT OWN, SELL, CONTROL, MANAGE,
OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH SUCH THIRD PARTIES.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. EM LOGISTICS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES AND THE CONTENT OR THE SUBMISSIONS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE CONTENT OR THE SUBMISSIONS IS AT YOUR SOLE RISK. EM LOGISTICS AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR SUBMISSIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
EM LOGISTICS WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO USERS OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, THE CONTENT OR THE SUBMISSIONS.
WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, EM LOGISTICS AND ITS THIRD PARTY PROVIDERS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. Prohibited/Restricted Uses
Except to the extent you were authorized in writing by EM LOGISTICS, you may use the Services solely for personal, non-commercial uses (other than for the purpose of shipping a vehicle). You shall not use the Services to advertise or promote any product, service or business.
Without limiting the foregoing, you may not use the Services to submit or upload any submissions or details:
- If you are not the legal owner of your vehicle or if you do not have the legal right to ship such vehicle;
- If the license of the vehicle is not registered on your name;
- That are fabricated, false, misleading, offensive or inappropriate;
- If the purpose of doing so is to compete with EM LOGISTICS;
- That are illegal, deceitful or inaccurate; or
- That are for, on behalf of, or at the request of another person, if such other person would violate any of the above or below restrictions by uploading such Submissions.
Additionally, you may not:
- Use the Services or open an account if you are under 18;
- Impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that EM LOGISTICS endorses you, your vehicle or your business in any manner;
- Use the Services in any way or for any purpose that is immoral, unauthorized or against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction (including without limitation, encouraging harmful practices, violence, self-harm, suicide, anorexia, bulimia or the solicitation of minors);
- Upload or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of EM LOGISTICS's
another’s privacy or publicity rights, infringing of EM LOGISTICS's or another’s intellectual property rights, contains any trade secrets or other confidential information, or is otherwise offensive or objectionable;
- Use the Services in any way or for any purpose that harms or endangers EM LOGISTICS or its affiliates, agents, resellers, licensors, subsidiaries, officers, directors, shareholders, employees, sub-contractors, distributors, service providers and/or suppliers (collectively, the “EM LOGISTICS Representatives”);
- Submit any data containing unsolicited promotion, advertising, contests or raffles;
- Attempt to interfere with or disrupt the ability to access the Services, the operation of the Services or the servers or networks that host them;
- Remove or disassociate from the Content or the Services any restrictions and signs indicating proprietary rights of EM LOGISTICS or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
- Bypass any measures EM LOGISTICS may use to prevent or restrict access to the Services;
- Use any data mining, robots, or other data collection methods in connection with the Services (including the creation of databases);
- Make available in connection with the Services any virus, worm, Trojan horse, spyware, bug, malware, or any other harmful content;
- Use the Services for any purpose for which they are not intended; or
3. Payment Services
4. Typographical Errors
EM LOGISTICS and its third party service provider are not responsible for typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. In the event that any EM LOGISTICS “Shipping Bid” is communicated to you at an incorrect price, EM LOGISTICS reserves the right to refuse or cancel any “Shipping Bid” submitted at the incorrect price. EM LOGISTICS reserves the right to refuse or cancel such “Shipping Bid” whether or not it has been confirmed and payment was made. If your order is cancelled, EM LOGISTICS shall re-issue you a new “Shipping Bid” within 24 hours at the correct price.
5. Intellectual Property
All of the intellectual property rights (including without limitation, inventions, patents and patent applications, trademarks, trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content (other than the Submissions) (“Intellectual Property”) are owned by “Exotic Motors Midwest, LLC” dba “EM LOGISTICS” and/or licensed to it and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.
Certain automotive content displayed within this website (or application, or mobile application) is taken by permission from Software Subscriptions owned and maintained by EM LOGISTICS, and is protected under the United States and international copyright law. Any unauthorized use, reproduction, distribution, recording or modification of this content is strictly prohibited. The intellectual property rights in or to the Submissions (including the photos of your vehicle) must be owned by you or licensed to you and not conflict with any third party's rights or any applicable laws. Users must receive all consents and authorizations required by law regarding the use of their respective Submissions (including without limitation, under applicable privacy laws or regulations). YOU AGREE THAT ALL INFORMATION UPLOADED OR SUBMITTED BY YOU (EXCLUDING PERSONALLY IDENTIFIABLE INFORMATION AND FINANCIAL INFORMATION) IS NON-CONFIDENTIAL AND MAY BECOME PUBLICLY AVAILABLE ON OR THROUGH THE EM LOGISTICS SERVICES.
You grant EM LOGISTICS an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate any of your vehicle photos, feedback, comments or suggestions regarding our Services into our current or future products, services or technologies; all without compensation or your approval.
You also grant EM LOGISTICS a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store and to use any of your Submissions in connection with the EM LOGISTICS Services, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving the Services. You also grant EM LOGISTICS permission to attribute you in connection with your Submissions. You hereby waive any rights of privacy or publicity in this respect.
THE UPLOADING OF SUBMISSIONS IS AT YOUR SOLE RISK AND RESPONSIBILITY. EM LOGISTICS WILL NOT BE LIABLE FOR ANY RESULT (INCLUDING LOSS, DAMAGE, COST) ARISING FROM OR CONNECTED TO THE SUBMISSIONS (INCLUDING THEIR USE BY OTHER USERS).
6. Notice and Takedown
If you believe that any content displayed on any of the Services (i) is inappropriate, offensive, violent, sexually inappropriate; or (ii) infringes your copyrighted work, you may send us a notice to firstname.lastname@example.org.
A notice relating to copyright infringement should include the following information (a) a description of your copyrighted work; (b) proof that you are the owner of the copyrighted work; (c) a description of the material that you believe to be infringing your copyrighted work and that should be removed or blocked; (d) your contact details; and (e) a statement that the information you provided is accurate.
Once we receive the notice, we may take actions in our discretion, including the removal of the alleged infringing or offensive material.
7. Linking to our Service(s) and Links to Third Party Websites or Services
You are free to establish a link to any of our Services on your rightfully owned properties as long as the link does not state or imply any connection or approval of EM LOGISTICS to your website, products or services or portray EM LOGISTICS in a false or offensive manner.
You agree that EM LOGISTICS is not responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused, by or in connection with your use of or reliance upon any information, services, content, products or other materials available on or through such linked sites or resources, or any damage or loss relating to your interaction or dealings with third parties. EM LOGISTICS reserves the right to terminate any link at any time at its sole discretion.
8. Disclaimer of Warranties.
TO THE EXTENT LEGALLY PERMISSIBLE, ANY AND ALL OF THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS-IS” BASIS. THE EM LOGISTICS REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
IN ADDITION, IN NO EVENT SHALL THE EM LOGISTICS REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION WITH THE SERVICES.
EM LOGISTICS REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE USE OF ANY AND ALL SERVICES, INCLUDING BUT NOT LIMITED TO THE OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR SUITABILITY OF THE INFORMATION OR CONTENT DISPLAYED ON OR THROUGH THEM.
EM LOGISTICS REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OR ERRORS. IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
9. Limitation of Liability
IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Without derogating from the foregoing, EM LOGISTICS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with EM LOGISTICS in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining EM LOGISTICS's prior express written approval.
EM LOGISTICS may accept advertisements from third party advertisers or others. EM LOGISTICS makes no warranties or representations concerning such advertisements. You understand and agree that you are not entitled to any compensation or remuneration with respect to these advertisements.
12. Children's Restricted Use
EM LOGISTICS reserves the right to request proof of age at any stage so that it can verify that minors or children under the age of eighteen (18) are not using any of the Services. If EM LOGISTICS becomes aware that a person under the age of eighteen (18) is using any of the Services, it will prohibit and block such person from accessing or using the Services.
EM LOGISTICS reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted and you are required to make your own copy of any information you submit to EM LOGISTICS. EM LOGISTICS will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.
14. Suspension; Termination
Upon termination, by you or us:
- You will cease any further use of the Services and any information that was made available to you prior to the termination;
- Certain data (e.g. Content, Submissions, etc.) may be deleted and you will have no right or claim in this respect; and
- The provisions of these Terms that by their nature must survive the termination shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Liability, Limitation of Liability, Indemnification, Jurisdiction and "General" sections will survive the termination of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Have Questions?