TERMS AND CONDITIONS OF USE
Welcome to Kelleylogistics.com, the website (“Website”) of Kelley Logistics, LLC (“Kelley”). Kelley provides this Website and its features to you subject to the following conditions. If you visit or shop at Kelleylogistics.com, you and any entity you are representing (“You”) accept to be bound by these conditions and terms of use (“Web Terms”). Please read them carefully. In addition, when You use any current or future Kelley service or business, You will be subject to both the Web Terms and the guidelines and conditions applicable to such service or business. Kelley reserves the right, at its sole discretion, to change, modify and/or add to these Web Terms or the Privacy Policy, in whole or in part, at any time, without notice. You agree to review the Web Terms and Privacy Policy periodically to become aware of any changes. Further, by accessing and using Kelleylogistics.com, You represent and warrant that You will use it in a manner consistent with any and all applicable laws and regulations.
PRIVACY
Please review our Privacy Policy, which also governs Your visit to Kelleylogistics.com, to fully understand our practices. Our Privacy Policy is hereby incorporated into the Web Terms of Use by this reference.
ELECTRONIC COMMUNICATIONS
When You visit Kelleylogistics.com or send e-mails to us, You are communicating with us electronically. By communicating with us, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. When You communicate electronically with Kelley, and upload and/or download information to Kelleylogistics.com, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Kelley cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.
COPYRIGHT
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kelley or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Kelley and protected by U.S. and international copyright laws. All software used on, or in connection with, this Website is the property of Kelley or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
KELLEY, KELLEYLOGISTICS.COM and other graphics, logos, page headers, button icons, scripts, and service names are trademarks (including trade dress) of Kelley in the United States and other countries, regardless of whether the marks are registered. The trademarks of Kelley may not be used in connection with any product and/or service that is not of Kelley, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits Kelley. All trademarks not owned by Kelley that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed, or sponsored by Kelley. Kelley does not have any authority to permit You to use, in any way, any trademarks not owned by Kelley.
LICENSE AND SITE ACCESS
Kelley grants You a limited, revocable and nonexclusive license to access and make personal use of this Website and not to download (other than page caching) or modify it or any portion of it except with express written or electronic consent of Kelley. This license does not include (among other things): any resale or commercial use of this Website or its contents; any collection and use of any product and/or service listings, descriptions or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Neither this Website, nor any portion of or materials on this Website, may be reproduced, republished, posted, transmitted, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Kelley. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Kelley without the express written consent of Kelley. You may not use any meta tags or any other “hidden text” utilizing trademarks of Kelley without the express written consent of Kelley. Any unauthorized use terminates the permission or license granted by Kelley. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Kelleylogistics.com so long as the link does not portray Kelley, or its products and/or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kelley trademark, logo or other proprietary graphic as part of the link without express written permission from Kelley.
YOUR ACCOUNT
If You use this Website, You agree that You are responsible for maintaining the confidentiality of any account and password belonging to You and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Kelley sells products and/or services to adults who may purchase with a credit card. If you are under 18, you may use Kelleylogistics.com only with involvement of a parent or guardian. Kelley reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to Kelleylogistics.com may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of content. Kelley reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If You post content or submit material, unless we indicate otherwise, You grant Kelley a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, publish, broadcast, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without limitation for any lawful purpose whatsoever. You grant to Kelley the right to use the name that You submit in connection with such content. You represent and warrant that You have developed, own or otherwise control all of the rights to the content that You post, that the content is accurate, that use of the content You supply does not violate these Web Terms and in no way violates or infringes on the copyright, registered trademark or intellectual property rights of any third party, and will not cause injury to any person or entity, and that You will indemnify Kelley for all claims resulting from content You supply. Kelley has the right but not the obligation to monitor and edit or remove any activity or content. Kelley takes no responsibility and assumes no liability for any content posted by You or any third party.
PRODUCT AND/OR SERVICE DESCRIPTIONS
KELLEY ATTEMPTS TO BE AS ACCURATE AS POSSIBLE. HOWEVER, KELLEY, MAKES NO WARRANTIES THAT THE WEBSITE, PRODUCT AND/OR SERVICE, DESCRIPTIONS AND ANY OTHER CONTENT OF THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRRENT OR ERROR FREE.
THIRD-PARTY SITES
Kelleylogistics.com may link to and/or contain advertisements about non-Kelley Co owned or controlled websites or other Internet resources. Kelley neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that Kelley does not endorse or sponsor such other third-party websites or other Internet resources and Kelley expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.
Your participation, correspondence or business dealings with any third party found on or through Kelleylogistics.com, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that Kelley shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITTE AND ALL INFORMATION CONENT, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY KELLEY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING OR ELECTRONICALLY BY KELLEY. YOUR USE AND THE OPERATION OF THIS WEBSITE, ITS CONTENT, MATERIALS, PRODUCTS, OR SERVICES IS AT YOUR SOLE RISK.
To the full extent permissible by applicable law, Kelley disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kelley does not warrant that this Website, its servers or e-mail sent from Kelleylogistics.com are free of viruses or other harmful components. Kelley will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
You understand that to the extent permitted under applicable laws, in no event will Kelley or any of its subsidiaries or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to You or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from Your use (or the use of anyone using an account registered to You) of the Website or any parts thereof.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.
APPLICABLE LAW
By visiting or using Kelleylogistics.com, You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern the interpretation and enforcement of the Web Terms or any dispute of any sort that might arise between You and Kelley involving these Web Terms. Any such dispute will be brought only in either the Federal Court or the courts of the State of Ohio, located in Montgomery County, Ohio and You hereby agree to submit to the personal jurisdiction of those courts. If You and Kelley have entered into a written agreement regarding the provision of services (including but not limited to logistics services, warehouse services or any other services) and such written agreement expressly contemplates the use of this Website, these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Kelley.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies posted on this Website. These policies also govern Your visit to Kelleylogistics.com. We reserve the right to make changes to the Website, policies and these Web Terms at any time. If any provision in the Web Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision or condition.
PRIVACY
Please review our Privacy Policy, which also governs Your visit to Kelleylogistics.com, to fully understand our practices. Our Privacy Policy is hereby incorporated into the Web Terms of Use by this reference.
ELECTRONIC COMMUNICATIONS
When You visit Kelleylogistics.com or send e-mails to us, You are communicating with us electronically. By communicating with us, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. When You communicate electronically with Kelley, and upload and/or download information to Kelleylogistics.com, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Kelley cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.
COPYRIGHT
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kelley or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Kelley and protected by U.S. and international copyright laws. All software used on, or in connection with, this Website is the property of Kelley or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
KELLEY, KELLEYLOGISTICS.COM and other graphics, logos, page headers, button icons, scripts, and service names are trademarks (including trade dress) of Kelley in the United States and other countries, regardless of whether the marks are registered. The trademarks of Kelley may not be used in connection with any product and/or service that is not of Kelley, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits Kelley. All trademarks not owned by Kelley that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed, or sponsored by Kelley. Kelley does not have any authority to permit You to use, in any way, any trademarks not owned by Kelley.
LICENSE AND SITE ACCESS
Kelley grants You a limited, revocable and nonexclusive license to access and make personal use of this Website and not to download (other than page caching) or modify it or any portion of it except with express written or electronic consent of Kelley. This license does not include (among other things): any resale or commercial use of this Website or its contents; any collection and use of any product and/or service listings, descriptions or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Neither this Website, nor any portion of or materials on this Website, may be reproduced, republished, posted, transmitted, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Kelley. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Kelley without the express written consent of Kelley. You may not use any meta tags or any other “hidden text” utilizing trademarks of Kelley without the express written consent of Kelley. Any unauthorized use terminates the permission or license granted by Kelley. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Kelleylogistics.com so long as the link does not portray Kelley, or its products and/or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kelley trademark, logo or other proprietary graphic as part of the link without express written permission from Kelley.
YOUR ACCOUNT
If You use this Website, You agree that You are responsible for maintaining the confidentiality of any account and password belonging to You and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Kelley sells products and/or services to adults who may purchase with a credit card. If you are under 18, you may use Kelleylogistics.com only with involvement of a parent or guardian. Kelley reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to Kelleylogistics.com may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of content. Kelley reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If You post content or submit material, unless we indicate otherwise, You grant Kelley a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, publish, broadcast, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without limitation for any lawful purpose whatsoever. You grant to Kelley the right to use the name that You submit in connection with such content. You represent and warrant that You have developed, own or otherwise control all of the rights to the content that You post, that the content is accurate, that use of the content You supply does not violate these Web Terms and in no way violates or infringes on the copyright, registered trademark or intellectual property rights of any third party, and will not cause injury to any person or entity, and that You will indemnify Kelley for all claims resulting from content You supply. Kelley has the right but not the obligation to monitor and edit or remove any activity or content. Kelley takes no responsibility and assumes no liability for any content posted by You or any third party.
PRODUCT AND/OR SERVICE DESCRIPTIONS
KELLEY ATTEMPTS TO BE AS ACCURATE AS POSSIBLE. HOWEVER, KELLEY, MAKES NO WARRANTIES THAT THE WEBSITE, PRODUCT AND/OR SERVICE, DESCRIPTIONS AND ANY OTHER CONTENT OF THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRRENT OR ERROR FREE.
THIRD-PARTY SITES
Kelleylogistics.com may link to and/or contain advertisements about non-Kelley Co owned or controlled websites or other Internet resources. Kelley neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that Kelley does not endorse or sponsor such other third-party websites or other Internet resources and Kelley expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.
Your participation, correspondence or business dealings with any third party found on or through Kelleylogistics.com, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that Kelley shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITTE AND ALL INFORMATION CONENT, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY KELLEY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING OR ELECTRONICALLY BY KELLEY. YOUR USE AND THE OPERATION OF THIS WEBSITE, ITS CONTENT, MATERIALS, PRODUCTS, OR SERVICES IS AT YOUR SOLE RISK.
To the full extent permissible by applicable law, Kelley disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kelley does not warrant that this Website, its servers or e-mail sent from Kelleylogistics.com are free of viruses or other harmful components. Kelley will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
You understand that to the extent permitted under applicable laws, in no event will Kelley or any of its subsidiaries or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to You or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from Your use (or the use of anyone using an account registered to You) of the Website or any parts thereof.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.
APPLICABLE LAW
By visiting or using Kelleylogistics.com, You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern the interpretation and enforcement of the Web Terms or any dispute of any sort that might arise between You and Kelley involving these Web Terms. Any such dispute will be brought only in either the Federal Court or the courts of the State of Ohio, located in Montgomery County, Ohio and You hereby agree to submit to the personal jurisdiction of those courts. If You and Kelley have entered into a written agreement regarding the provision of services (including but not limited to logistics services, warehouse services or any other services) and such written agreement expressly contemplates the use of this Website, these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Kelley.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies posted on this Website. These policies also govern Your visit to Kelleylogistics.com. We reserve the right to make changes to the Website, policies and these Web Terms at any time. If any provision in the Web Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision or condition.