emlogisticsonline.com Terms of Use

EM LOGISTICS Terms of Use
Last Updated:  Thursday, February, 2017

Please read these Terms of Use (“Terms of Use”) carefully. These Terms are between you ("user(s)", “you” or “your”) and “EM LOGISTICS, LLC". (“EM LOGISTICS”, “we” or “our”) and cover your use of our website http://www.emlogisticsonline.com (“Site”), or mobile app (the "App") and the services provided through the Site and the App (the “Services”, as further defined below).
You accept and agree to be bound by these Terms and our Privacy Policy (available at https://www.emlogisticsonline.com ) ("Privacy Policy") by (a) checking the "I Agree to the Terms/Privacy Policy" box and/or (b) accessing or using one or all of the Services. The Services are available only to people who are at least eighteen (18) years old and possess the legal capacity to form a binding agreement with EM LOGISTICS. IF YOU DO NOT HAVE SUCH LEGAL CAPACITY, OR IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE TERMS AND PRIVACY POLICY, PLEASE DO NOT ACCESS, USE OR REGISTER TO ANY OF OUR SERVICES.
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
  •  Infringe or violate any of the provisions of our Terms or Privacy Policy.

PLEASE BE AWARE THAT YOUR BREACH OF THE TERMS OR PRIVACY POLICY MAY ALSO EXPOSE YOU TO CIVIL OR CRIMINAL LIABILITY.

3. Payment Services
EM LOGISTICS uses online payment services which are rendered by independent contractors. Any credit card details which users provide EM LOGISTICS with respect to the Services (e.g. for the purchase of vehicles) are transferred to these online payment services (including without limitation, Paypal). The user is solely responsible for using these online payment services and is also required to abide to the terms specified by the applicable online payment service provider. The service provider's terms of use and privacy policy, not EM LOGISTICS's Terms and Privacy Policy, govern your use of the online 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 are granted a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use our Content and Services in accordance with the Terms and Privacy Policy. All rights not expressly granted to you under the Terms or the Privacy Policy are reserved by EM LOGISTICS and/or its licensors. Among other restricted actions, for example: (i) you may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Content or Services without EM LOGISTICS's prior written consent, (ii) you are not allowed to use the EM LOGISTICS trademarks or third party trademarks appearing on or through the Services without our prior written consent.
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).
Even though EM LOGISTICS has no obligation to screen, edit, delete or monitor Submissions, it reserves the right to do so at its sole discretion and without giving any prior notice, including in the following cases: (i) in order to conform with legal requirements or respond to any legal adjudication or process; (ii) in order to safeguard the Services or ensure your compliance with the Terms or Privacy Policy; and/or (iii) in order to protect and secure the interests, rights and property of the EM LOGISTICS Representatives. In addition, EM LOGISTICS may limit the size and storage spaces available for Submissions.
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 info@emlogisticsonline.com.

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.
One or all of the EM LOGISTICS Services may contain links to non-EM LOGISTICS websites or services for your convenience only; they are not under our control and we do not endorse or assume any responsibility for their content, information or functionality. Your access or use of any non-EM LOGISTICS websites or services or reliance upon their content is at your own risk. Most of such linked sites or services provide legal documents, including terms of use and privacy policy which govern their use (our Terms and Privacy Policy do not apply to them).
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

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EM LOGISTICS REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION, BY TORT, NEGLIGENCE, CONTRACT OR OTHER), ARISING FROM OR CONNECTED TO THE SERVICES OR CONTENT, OR ARISING FROM OR CONNECTED TO THE TERMS AND PRIVACY POLICY; EVEN IF ANY OF THE EM LOGISTICS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, EM LOGISTICS REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING UNDER THE TERMS AND PRIVACY POLICY OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE CONTENT OR SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) TO EM LOGISTICS FOR USE OF THE SERVICES OR $1.00 USD, WHICHEVER IS GREATER.
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.
10. Indemnification

You agree to defend, indemnify and hold harmless the EM LOGISTICS Representatives from and against any obligations, losses, liability, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with: (i) your use or misuse of the Content or Services; (ii) your conduct in connection with the Services or with other third parties via the Services; (iii) your Submissions; (iv) your violation of the Terms or Privacy Policy; (v) your violation of any third party rights, including without limitation any intellectual property right or privacy right of such third party; (vi) any damage, of any sort, you may cause to any third party with relation to the Submissions or Services.
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.
11. Advertisements

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.
13. Changes to the Service(s), Terms and Privacy Policy

EM LOGISTICS reserves the right to make changes to its Services, Terms and Privacy Policy at any time and for any reason, so please re-visit this page frequently. If EM LOGISTICS makes material changes to the Terms or Privacy Policy, then EM LOGISTICS will either notify you by email or by posting a notice on the Services. These changes will come into effect seven (7) days after such notice was provided on the Services or sent to you by e-mail, whichever is earlier. Otherwise, all changes are effective as of the date indicated at the top of this page ("Last Updated") and your continued use of the Service(s) after the indicated date will constitute acceptance to be bound by those changes. If any of the Services, Terms or Privacy Policy must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by law and without any prior notice.
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

If you do not comply with the Terms and Privacy Policy, EM LOGISTICS may suspend, terminate or deny our Services. If, for any reason, you no longer consent to the Terms or Privacy Policy, please stop using the Services and this will be your sole remedy in such circumstances.
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;
  •  All rights granted to you under the Terms and Privacy Policy will automatically terminate;
  •  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.

15. General

(a) These Terms constitute the entire agreement between you and EM LOGISTICS regarding your use of any and all of the Services as detailed herein, and supersedes any prior agreements between you and us relating to such use; (b) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and EM LOGISTICS; (c) Any heading, caption or section title contained in these Terms or our Privacy Policy is inserted only as a matter of convenience; (d) The failure of either party to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance; (e) If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be amended as possible to comply with the applicable law. This shall not affect the validity and enforceability of any remaining provisions; (f) We may assign any right or obligation under the Terms or Privacy Policy without restriction, but you may do so only after receiving our express written consent; (g) Any amendment to the Terms and Privacy Policy must be done in writing and signed by us and you; (h) All correspondence between you and EM LOGISTICS shall be in English.
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.
16. Jurisdiction

Any claim relating to these Terms, the Privacy Policy, any of the Services or Content will be governed by and interpreted in accordance with the laws of the State of Missouri, U.S.A. Any dispute arising out of or related to any of the Services and/or Vehicle Shipped, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Eastern District of Missouri, U.S.A. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
17. Have Questions?

If you have any questions (or comments) concerning the Terms or Privacy Policy, please send us an e-mail to the following email address info@emlogisticsonline.com and we will make an effort to reply within a reasonable timeframe.