This Web Site, as defined below, is maintained by Total Connection Logistics (“TCL”) and it may not be used for commercial benefit without the express written consent of TCL.
The Web Site and Its Owner
For purposes of these Web Terms, the term “Web Site” includes Totalconection.com, whether individually or in any combination, as well as other web sites operated by or on behalf of TCL, and it also includes TCL mobile applications, including, without limitation, any other web properties that may be added without notification to users of this site. The Web Site is maintained, owned, and controlled by TCL. Use of the term “TCL” within these Web Terms shall include TCL, its affiliates and subsidiaries and each of their directors, officers, employees, and authorized representatives. TCL is headquartered at 11 Main Street Holmdel, NJ 07733, and its main telephone number is 732-817-0401. All material on this Web Site, including, without limitation, text, images, and illustrations, is protected by copyrights and/or trademarks, registered and unregistered, which are owned and controlled by TCL or by other parties that have licensed their material to TCL. This Web Site may contain other proprietary notices, trademark, and/or copyright information, the terms of which must be observed and followed. Information on the Web Site may be changed or updated without notice. TCL may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Your Use of the Web Site
The use of any content from this Web Site on any other website or networked computer environment is prohibited, except as expressly permitted by these Web Terms and/or some other signed writing between You and TCL. Content from any Web Site owned, operated, licensed, or controlled by TCL may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. You agree to not use the Web Site or its contents in any manner that may or will: (a) violate any federal, state, or local laws and their respective regulations (collectively “Laws”); (b) be menacing, discriminatory to any class protected by Laws, defamatory, offensive, or obscene; (c) violate or infringe upon the privacy, publicity, copyright, trademark, trade secret, personal rights, or other intellectual property rights of others, including, without limitation, TCL; or (d) advertise for or promote any person or entity.
This paragraph applies exclusively to any portion of the Web Site that allows third-party commentary or posting, including, without limitation, on any TCL social media, blogs, or comment boards. TCL reserves the right to remove any content or comments that TCL deems, in its sole discretion, to violate these Web Terms, and to terminate Your ability to post or otherwise add content. You grant TCL a non-exclusive, royalty-free license to use, publish, broadcast, and reproduce Your comments in any manner, including, without limitation, in any and all media, worldwide, in perpetuity, for any purpose whatsoever. Such license includes, without limitation, the right to create derivative works of and to use the content posted to develop, enhance, distribute, and market TCL and/or TCL’s services.
TCL will not release Your name or otherwise publicize the fact that You submitted materials or other information to TCL unless: (a) TCL obtains Your permission to use Your name; (b) TCL first notifies You that the materials or other information You submit to a particular part of this Web Site will be published or otherwise used with Your name on it; or (c) TCL is required to do so by law. If a personal account, with a user id and/or password, is necessary for You to use any part of the Web Site, then it is Your responsibility to: (w) control access to and use of Your user account, ensuring that no unauthorized person shall have access to Your account, user id, or password; (x) promptly inform TCL of any need to deactivate or change Your user id and/or password; (y) change Your password frequently to increase security; and (z) comply with all of TCL’s instructions for using, maintaining, or correcting Your account. While TCL uses commercially reasonable security technology and policies to protect Your privacy on the Web Site, TCL assumes no responsibility and is not liable for any content submitted to Your account or any content that is used or misused whether submitted, used, or misused by You, Your designees, and/or other third parties. All Your acts and omissions and those of unauthorized users who access the Web Site via Your user id and password shall be deemed to be Your acts and omissions.
You grant TCL the right to access, monitor, transmit, receive, delete, retrieve, store, maintain, and use the content in Your account and Your use, selections, key strokes, and cursor movements to provide services, operate the Web Site, or carry out TCL’s legal obligations, in accordance with these Web Terms and TCL’s relevant policies and procedures.
No Warranties and No Liability
TCL makes no representations and/or endorsements about nor accepts any responsibility or liability whatsoever for any other web sites You may access through this Web Site, as such sites are independent from TCL and TCL has no control over the content on such web sites. TCL’s failure or delay in exercising any right related to the Web Site or these Web Terms will not operate as a waiver of such right, nor will TCL’s partial exercise of any right preclude TCL’s further exercise of that right. These Web Terms do not, in any way, create an agency, joint venture, partnership, employee-employer, or franchisor-franchisee relationship between TCL and any other party including You.
TCL DOES NOT WARRANT OR GUARANTEE THAT: (a) YOUR CONTENT WILL BE PROTECTED AGAINST LOSS, MISUSE, OR ALTERATION BY THIRD PARTIES; (b) THE WEB SITE IS ERROR-FREE; (c) ACCESS TO YOUR ACCOUNT WILL BE UNINTERRUPTED; (d) TCL’S SECURITY PROCEDURES AND PROCESSES CANNOT BE BREACHED; OR (e) THAT THE WEB SITE WILL BE AVAILABLE. THE WEB SITE AND ALL OF ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
TCL WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, AND/OR COSTS OF OBTAINING SUBSTITUTE SOFTWARE OR SERVICES), HOWEVER ARISING, EVEN IF TCL IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TCL SHALL HAVE NO LIABILITY TO YOU FOR ANY THIRD PARTY CLAIMS AGAINST YOU. IF TCL IS FOUND RESPONSIBLE FOR ANY CLAIM RELATED TO OR IN ANY WAY ARISING OUT OF THE WEB SITE OR THE WEB TERMS, THEN THE COLLECTIVE DAMAGES FOR ALL SUCH CLAIMS SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS ($250). THE LIMITATION OF LIABILITY PROVIDED IN THIS PARAGRAPH SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
Your Indemnity of TCL
You agree to defend (with counsel selected or approved by TCL), indemnify, and hold TCL harmless from any claim or demand (including, without limitation, reasonable attorneys’ fees and costs), made by any third party arising out of or in any way related to (a) any content posted by You on any TCL Web Site; (b) Your violation of the intellectual property rights of others; and/or (c) Your violation of these Web Terms.
New Jersey Law Governs / Jurisdiction / Venue Selection
These Web Terms shall be construed, governed, and enforced in accordance with the laws of the State of New Jersey, except to the extent that federal law preempts those laws, without giving effect to conflict of law provisions which would result in the application of any law other than New Jersey law. You and TCL consent to the exclusive jurisdiction of the state courts located in Monmouth County, NJ (“Mandatory Venue”). You and TCL waive any objections to the jurisdiction and venue of the Mandatory Venue, and agree that any dispute arising under or related to the Web Site or these Web Terms shall be brought exclusively in the Mandatory Venue.
Entire Agreement / Severability
These Web Terms represent the entire and integrated agreement between You and TCL related to the Web Site and supersedes all prior negotiations, representations, and agreements, whether oral or written, that related to the subject matter of these Web Terms. These Web Terms may be amended only by a written document signed by You and TCL or by TCL’s posting of new Web Terms. Whenever possible, each provision of these Web Terms will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Web Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and these Web Terms will be reformed, construed, and enforced in such a manner as to make such provision valid, legal, or enforceable.