Effective October 18, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Welcome to www.gbcargo.net (“Website”). This Website (including all subpages at the same domain), our social media pages, emails, and other electronic locations through which you may interact with us are collectively referred to as the “Sites” and are subject to the Terms of Use (“Terms”, “Agreement”, “TOU”). These Terms create a contractual agreement between you (“user,” “you,” “your”) and GB Cargo, an Indiana corporation (“GB Cargo”, “we”, “us”, “our”) regarding your use of the Sites. Please note that we may update, modify, or amend the Terms from time to time as we deem necessary, in our sole discretion, and without prior written notice to you. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting upon the Website. You agree to be bound by such modified, altered, and updated terms if you access or use the Sites.
We make no warranty, expressed or implied; representation; or guarantee as to the content, sequence, accuracy, timeliness, or completeness of the data provided on our Sites. You are receiving this information “as is” and we explicitly disclaim any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
We shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of their cause. We shall assume no liability for any decisions made or actions taken or not taken by the user of the Sites in reliance upon any information or data furnished hereunder. Your use of the Sites indicates your unconditional acceptance of the foregoing disclaimer.
The Sites are intended solely for Users who are 18 years of age or older. Any access to or use of the Sites by anyone under 18 is expressly prohibited. By accessing or using the Sites, you represent and warrant that you are 18 years of age or older. If you reside in or operate your organization in a jurisdiction that would restrict the use of the Sites or any other feature or function of the Sites because of the age of the user, you must abide by such age limits, rules, laws, or regulations and you must not permit use of the Sites by any users legally prohibited from using it in that jurisdiction.
The contents of the Sites are copyrighted and any unauthorized use of any materials at the Sites may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use the Sites automatically terminates and you must immediately destroy any copied or printed materials.
Any uploads, suggestions, or other communication or material that you send to us through the Sites are and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We will be free to use, disclose, reproduce, modify, license, transfer, and otherwise distribute uploads and suggestions in any manner, and you will gain no right, title, or interest in or to the Sites. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products. We reserve the right to display or insert advertisements in connection with uploads and suggestions and to use uploads and suggestions for marketing, advertising, and promotional purposes.
You agree that you are solely responsible for all of your uploads and suggestions. We are not required to host, display, or distribute any uploads or suggestions, and may remove at any time or refuse any uploads or suggestions for any reason. We are not responsible for any loss, theft, or damage of any kind to any uploads or suggestions. You represent and warrant that: (a) you own all rights in your uploads and suggestions or, alternatively, you have acquired all necessary rights in your uploads and suggestions to enable you to grant to us all of the rights described herein; and (b) your uploads and suggestions do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.
You may not use the Sites, nor permit any user to use the Sites, to create, reproduce, upload, store, process, display, transmit or distribute information or data:
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of the materials, that collects or harvests any personally identifiable information (PII), including, without limitation, geolocation data and account names, from the Sites, nor use the communication systems provided by the Sites for any commercial solicitation purposes. You may not circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the content therein.
You agree not to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Sites or any part thereof, or rent, lease, loan, sell, distribute, or create derivative works based on the Sites, in any manner, nor use or exploit the Sites in any unauthorized way.
Any violations of the foregoing will constitute a material breach of the Agreement and may result in termination of this Agreement or suspension or termination of your account or access to the Sites.
GB Cargoand you agree, in fulfilling each party’s respective obligations under these Terms, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use, and safeguard your personal information.
In no event shall GB Cargo, GB Cargo’s suppliers, or other third parties mentioned on the Sites be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Sites, the Site’s contents, or any websites linked to the Sites, whether based on warranty, contract, tort, or any other legal theory and whether or not GB Cargohas been advised of the possibility of such loss or damages.
All Intellectual Property Rights to the Sites’ contents (including the information, computer code, graphical design, images, software, company names, and trademarks) belong to GB Cargoor third parties. Any use, copying, or distribution of the contents of the Sites is prohibited except as specifically permitted herein or by applicable law.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless GB Cargo, GB Cargo’s affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from your use of the Sites.
For purposes of this Agreement, neither party is an agent of the other, and neither party has any express or implied authority to act on behalf of, or make any representations whatsoever on behalf of, the other. Each party is an independent contractor with respect to the other and neither party shall have the power or authority to bind the other party to any contract or obligation.
These Terms apply only to our Sites. The Sites may contain links to third-party websites, products, and services, that are not operated or controlled by us. These third-party websites and services have separate and independent privacy policies, which we encourage you to read. The policies and procedures we described here do not apply to the third-party websites, and we have no responsibility or liability for the content and activities of such linked sites. However, we want to protect the integrity of our Sites and thus welcome any feedback you may have about third-party sites we link to.
No delay or failure in exercising any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of these Terms shall constitute a consent to any prior or subsequent breach.
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law.
We are not liable or deemed to be in default for any delay or failure in performance hereunder to the extent resulting from causes beyond our reasonable control, including the acts or omissions of third parties, the acts or omissions of the other party, or any delay or failure of the other party to fulfill such party’s obligations hereunder, acts of God, terrorism, war, pandemics, epidemics, civil insurrection, strikes or other organized labor interruption, communications, mechanical, electronic, Internet, or other utility interruptions or failures, including denial of service and other cyber-attacks or unauthorized or malicious data or system intrusions, including computer viruses or other malicious code, fire, explosions, floods or other natural disasters, or any similar cause.
You agree to comply with all applicable U.S. laws and regulations, including all export and import laws and regulations. You agree that any dispute between you and GB Cargoarising out of or relating to these Terms of Service, the Sites, or any other GB Cargoproducts or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Illinois without regard to the conflict of laws principles of any jurisdiction.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against GB Cargo, you agree to try to resolve any such Disputes informally by contacting info@gbcargo.net. If a dispute is not resolved within fifteen (15) business days after submission, you or GB Cargomay bring a formal proceeding.
The Parties Agree to Arbitrate: You and GB Cargoagree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting info@gbcargo.net within thirty (30) days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Cook County, Illinois, or any other location we mutually agree to.
Exceptions to Agreement to Arbitrate: Either you or GB Cargomay assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sites, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with GB Cargoon an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and GB Cargo agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Cook County, Illinois. Both you and GB Cargoconsent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the GB Cargoproducts or the Sites must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
If you have any questions or concerns about these Terms, please contact us at:
Email:info@gbcargo.net
Mailing Address:
GB Cargo
1281 Win Hentschel Blvd, S 1300, West Lafayette, IN 47906