Terms of Use
Last updated: October 31, 2020

Please read these terms and conditions carefully before using Our Service

Interpretation and Definitions
Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: New Jersey, United States

Company (referred to as either “the Company” “We’, “Us” or “Our” in this Agreement) refers to Bergen Logistics, LLC, 5903 West Side Ave, North Bergen, NJ 07047.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Bergen Logistics, accessible from www.bergenlogistics.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, consequential damages, lost revenues or lost profits or reputational harm whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Proprietary Rights

All works of authorship, information content, functional components, and material appearing on or contained in the Website are referred to as the “Content”.

The Content is protected by law, including but not limited to United States copyright law. Except as explicitly stated on the Website, the entirety of the Content (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, source code and look and feel attributes) are Company’s proprietary, copyrighted works, all rights reserved. Company also owns copyrights in the Website as a collective works and compilations, and in the selection, coordination, arrangement, organization, and enhancement of the Content.

Removing or altering any copyright notice or any other proprietary notice on any Content is strictly prohibited. Any commercial use of any Content, in whole or in part, without the prior written consent of Company is prohibited. Other prohibited activities include reproducing, distributing, performing, displaying, preparing derivative works based upon, framing, capturing, harvesting, or collecting of, or creating of hypertext or other links or connections to, any Content or any of Company’s other proprietary information.

Company reserves all copyright and any other intellectual property rights which may subsist in any good supplied in connection with the provisions of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

You agree that you will not use the Website in any unlawful manner or in a manner which promotes or encourages illegal activity, including without limitation infringement of proprietary rights or fraud. You further agree that when using the Website, you will not attempt to gain unauthorized access to any networks, servers or computer systems connected to the Website, and you will not modify, adapt, translate or reverse engineer any part of the Website except to the extent permitted by these Terms and applicable law.

Communications with Company

Company welcomes your comments, feedback and suggestions about how to improve our Services, the services provided by Company’s subcontractors and the Website. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to Company, you automatically grant Company the royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. Further, Company is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submissions you send to us through the Site for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.

Governing Law

These Terms, including, without limitation, the Privacy Policy, represent the entire agreement between you and Company with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey without reference to its conflict of law rules. By accessing, viewing, or using the Website or the Content, you consent to the jurisdiction of the federal and state courts presiding in Hudson County, New Jersey, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a terrorist supporting country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver
Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms

We may change these Terms at any time. You are responsible for reviewing these Terms for any changes each time you visit the Website. Any changes to these Terms are effective as to any visitor who has visited the Website or used the Website before the changes were made.

Contact Us

If you have any questions about these Terms You can contact us:

By visiting this page on our website: http://www.bergenlogisticscom/contact

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