(Effective October 20, 2022)
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS BY CLICKING "I ACCEPT" AT THE END OF THIS AGREEMENT OR BY INSTALLING, ACCESSING, OR USING THE WORLDCRAFT LOGISTICS PLATFORM.
Subject to your continued compliance with this Agreement, Worldcraft Logistics grants you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Worldcraft Logistics Platform on your personal computer, laptop, mobile phone, or other mobile computing device for personal or internal business purposes only during the term of this Agreement.
You may allow an individual employee(s) of yours (each, a "Authorized User(s)") to access and use the Worldcraft Logistics Platform in connection with the aforementioned license and as the only right to sublicense, so long as all such use stays in compliance with this Agreement. Furthermore, you realize and agree that you will be responsible for monitoring your and your Authorized User(s)' use of the Worldcraft Logistics Platform, as well as for adhering to the terms and conditions of this Agreement. As a result, any breach of this Agreement by an Authorized User(s) will be treated as a breach by you. In this Arrangement, references to "you" or "user" relate to you, any Authorized User(s), and the corporate or entity-level client of Worldcraft Logistics who accesses the Worldcraft Logistics Platform in accordance with any other agreement with Worldcraft Logistics.
The content style, formatting, and functionality of the Worldcraft Logistics Platform, as well as the online or remote access processes, shall be as established by Worldcraft Logistics in its exclusive discretion. You accept and agree to the following as well: I Worldcraft Logistics has the right to control and direct the means, manner, and method by which the Worldcraft Logistics Platform is provided; (ii) Worldcraft Logistics may from time to time hire independent contractors, consultants, or subcontractors to assist Worldcraft Logistics in providing or using the Worldcraft Logistics Platform; and (iii) Worldcraft Logistics has the right to provide the Worldcraft Logistics Platform to others.
Worldcraft Logistics reserves all rights not expressly granted in this Agreement. As a result, you are strictly forbidden from using the Worldcraft Logistics Platform in any way that is not expressly and unequivocally approved by this Agreement. Without Worldcraft Logistics' prior written permission, you may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Worldcraft Logistics Platform, or any portion of the Worldcraft Logistics Platform. Furthermore, you may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Worldcraft Logistics Platform, or in any way reproduce or circumvent the Worldcraft Logistics Platform's navigational structure or presentation to obtain or attempt to obtain any materials, documents, or information th (d) reverse look-up, trace, or seek to trace any information on any other user or visitor to the Worldcraft Logistics Platform, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Worldcraft Logistics Platform, Worldcraft Logistics' systems or networks, or any systems or networks connected to the Worldcraft Logistics Platform, (f) use any device, software, or routine to interfere with the proper operation of the Worldcraft Logistics Platform.
You must ensure that correct attribution and notice appear with any usage of the Worldcraft Logistics Platform in order to represent Worldcraft Logistics' ownership of the Worldcraft Logistics Platform and to preserve Worldcraft Logistics' interests therein. You agree to include a notice stating "Copyright Worldcraft Logistics (or its licensors)" and any other information designated by Worldcraft Logistics in conjunction with any printing or subsequent use of any content from the Worldcraft Logistics Platform. In compliance with the foregoing, Worldcraft Logistics therefore provides you a limited, non-exclusive, non-transferable right and license to use the entire trade name of "Worldcraft Logistics" solely in connection with your attribution of the applicable content during the Term of this Agreement. In connection with this trademark license grant, you agree to follow any usage guidelines that Worldcraft Logistics may issue from time to time.
By downloading, accessing, or using the Worldcraft Logistics Platform, you represent and warrant that you will follow by all applicable local, state, and national laws and regulations regarding your use of the Worldcraft Logistics Platform, and that you are of legal age. Furthermore, you agree to accept full responsibility for your use of the Worldcraft Logistics Platform, including being held liable for any and all conduct that occurs using your login and password (and the related account access). You also represent and warrant that I when submitting information to Worldcraft Logistics via the Worldcraft Logistics Platform, you will always provide true, accurate, current, and complete information (and updates thereto); and (ii) you will always comply with the terms and conditions of this Agreement. Furthermore, by installing, accessing, or using the Worldcraft Logistics Platform, you agree to allow Worldcraft Logistics to collect certain information about your use of the Worldcraft Logistics Platform (including, without limitation, data about feature utilization, navigation, and personal information (e.g., name, email, etc.), and you agree to provide Worldcraft Logistics with reasonable cooperation in connection with the operation or support of the Worldcraft Logistics Platform. You also consent to receive Worldcraft Logistics' electronic messages. Notices about applicable fees and charges, transactional information, and other information concerning or pertaining to the Worldcraft Logistics Platform or Worldcraft Logistics' services may be included in these electronic messages. You get these electronic communications as part of your connection with Worldcraft Logistics and as part of your use of the Worldcraft Logistics Platform. As a result, you agree that any notices, agreements, disclosures, or other communications sent to you electronically by Worldcraft Logistics will fulfill any legal communication requirements.
To utilize the Worldcraft Logistics Platform, you may be asked to register. Unless otherwise expressly agreed upon by Worldcraft Logistics, each registration is for a single user only. Registration for access to and use of the Worldcraft Logistics Platform may additionally necessitate the submission of access credentials, such as a user name and password, or compliance with other specific access requirements as determined by Worldcraft Logistics in its sole discretion from time to time. You undertake to treat your access credentials, such as a user name and password, as confidential information and not to reveal such information to any third party without Worldcraft Logistics' prior explicit written authorization, which may be withheld in its sole discretion. If you suspect or become aware of any loss or theft of your password, or any unauthorized use of your user name and password, you must immediately tell Worldcraft Logistics. Worldcraft Logistics will not be liable for any loss or harm resulting from your failure to comply with these duties (whether inadvertent or intentional).
Worldcraft Logistics appreciates your comments and recommendations regarding Worldcraft Logistics' products or services, as well as how to enhance the Worldcraft Logistics Platform. By sending Worldcraft Logistics any suggestions, information, material, or other content (collectively, "Feedback"), you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Worldcraft Logistics and allow Worldcraft Logistics to use such Feedback. Furthermore, any Feedback received by Worldcraft Logistics will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Worldcraft Logistics to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback, in any form, media, or technology now known or later developed.
If you place any orders through the Worldcraft Logistics Platform, you expressly agree that Worldcraft Logistics has the right to bill you for any applicable fees, taxes, and other charges incurred in connection with your use of the Worldcraft Logistics Platform and any associated Worldcraft Logistics services or solutions. You agree that the fees will be billed to your credit card or PayPal account, as applicable, in accordance with the billing conditions in force at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card or PayPal account when due and payable for any reason, Worldcraft Logistics reserves the right to suspend or cancel your order. You also acknowledge and agree that Worldcraft Logistics reserves the right to change its prices and billing methods (on an ongoing basis) for products or services sold or licensed or for use of the Worldcraft Logistics Platform at any time, effective immediately upon posting on the Worldcraft Logistics Platform or by electronic communications to you. Before placing an order, please review the appropriate pricing.
The Worldcraft Logistics Platform may be linked to third-party websites or online networks (referred to collectively as "Third Party Sites"). These Third Party Sites have not been vetted by Worldcraft Logistics, and they are exclusively owned, controlled, and/or maintained by third parties over whom Worldcraft Logistics has no influence. Your correspondence or other dealings with third parties discovered on the Worldcraft Logistics Platform through any Third Party Site are strictly between you and such third party. As a result, Worldcraft Logistics expressly disclaims all liability or obligation for any Third Party Sites.
The Worldcraft Logistics Platform provides a variety of tools or display capability that you can use via your cell phone or other mobile computing device (collectively, "Mobile Services"). Please keep in mind that your cell carrier's standard messaging, data, and other rates and costs will apply when using the Mobile Services. Furthermore, your mobile carrier may prevent or restrict you from downloading, installing, or using certain Mobile Services, and not all Mobile Services may function with all carriers, devices, or locations. As a result, you are solely responsible for determining whether the Mobile Services are available for your mobile devices, what restrictions, if any, may apply to your use of the Mobile Services, and how much such use will cost you. Nonetheless, every use of the Worldcraft Logistics Platform must strictly adhere to the terms of this Agreement.
The Worldcraft Logistics Platform may contain or provide access to interactive features and functionality (collectively referred to as "Worldcraft Logistics Forums"), where you can contribute and discuss information or content (collectively referred to as "Postings"). Worldcraft Logistics provides the Worldcraft Logistics Forums as a resource for you. As a result, you may only use the Worldcraft Logistics Forums for personal purposes. Without Worldcraft Logistics' previous written consent, you have no right to distribute the Worldcraft Logistics Forums (or any part thereof or information presented on the Worldcraft Logistics Forums) further. You agree that, to the extent that the Worldcraft Logistics Platform allows for such communication functionality, you will not upload, post, exhibit, or transmit any of the following:
You also promise to conduct your online actions on the Worldcraft Logistics Forums in a pleasant and polite way, in compliance with this Agreement, and in accordance with any applicable laws. You have no right to identify or suggest a relationship with or endorsement of Worldcraft Logistics and/or its policies or services. Any views or comments stated on the Worldcraft Logistics Forums are your own and do not reflect the views or opinions of Worldcraft Logistics. Furthermore, no material obtained through the Worldcraft Logistics Forums should be construed as professional or legal advice of any type. You are solely responsible for how you use any Postings. Please follow netiquette as well. Please keep it professional, brief, and on-topic. Please keep in mind to respect individuals and their viewpoints.
By submitting any type of Posting(s), you represent and warrant that you have all necessary rights to transmit and provide such Posting, and you automatically and hereby grant Worldcraft Logistics a royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Posting, without additional compensation. Your postings are not confidential in any way. Worldcraft Logistics maintains the right, in its sole discretion, to define further rules, restrictions, and limits regarding the storage, display, or availability of any Posting. You confirm that you have the required rights to make a Posting(s) available to Worldcraft Logistics, and you also recognize that Worldcraft Logistics has no control over how any concept or information (in a Posting) may be used by any entity or person once it has been uploaded or displayed.
You confirm that you have the required rights to make a Posting(s) available to Worldcraft Logistics, and you also recognize that Worldcraft Logistics has no control over how any concept or information (in a Posting) may be used by any entity or person once it has been uploaded or displayed.
Worldcraft Logistics is not responsible for screening, policing, editing, or monitoring your or another user's Postings, and advises all of its users to exercise reasonable caution and discretion while considering or reviewing any Postings. Furthermore, Worldcraft Logistics does not endorse, oppose, or edit any opinion or information provided by you or another user, and does not represent or endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or another user. Nonetheless, Worldcraft Logistics reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to Postings (or portions thereof) that Worldcraft Logistics reasonably believes is necessary to I satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigating potential violations hereof, or (iii) detect, prevent, or otherwise address fraud, security, or technical issues. If you violate this Agreement, Worldcraft Logistics may, in its sole discretion, remove or delete the inappropriate content from your Posting, issue you a warning, and/or cancel your usage of the Worldcraft Logistics Platform.
This Agreement only grants you a limited license to access and use the Worldcraft Logistics Platform in line with its conditions. As a result, you agree that Worldcraft Logistics does not transfer any ownership or intellectual property interest or title in and to the Worldcraft Logistics Platform or any other Worldcraft Logistics intellectual property to you or anyone else as a result of your use of the Worldcraft Logistics Platform. Worldcraft Logistics or its licensors own, control, and/or license all text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Worldcraft Logistics Platform (s). WorldCraft Logistics, social media today, and all other marks identifying Worldcraft Logistics' products or services are proprietary trademarks of Worldcraft Logistics, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), is hereby strictly prohibited.
The WorldCraft Logistics platform is provided "as is," with all errors, omissions, and other inaccuracies. WorldCraft Logistics expressly disclaims all warranties, express or implied, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, or non-infringement, or any other implied warranty under the uniform computer information transactions act as enacted by any state. WorldCraft Logistics also makes no representations or warranties that the WorldCraft Logistics platform will be error-free, uninterrupted, or meet your specific requirements and/or needs. as a result, you assume the entire risk regarding the quality and/or performance of the WorldCraft Logistics platform.
You also expressly absolve and release WorldCraft Logistics from any claim of harm resulting from a cause beyond WorldCraft Logistics's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. additionally, and to the fullest extent permitted by law, WorldCraft Logistics shall not be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with any dealings or agreements between you and a third party, the use of the WorldCraft additionally, WorldCraft Logistics' total liability for any reason related to use of the WorldCraft Logistics platform shall not exceed five hundred dollars ($500) (us) or the amount paid by you to WorldCraft Logistics during the twelve (12) months preceding any claim, whichever is greater.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of Worldcraft Logistics' intellectual property or proprietary rights, may cause irreparable harm to Worldcraft Logistics, such harm being quantifiable in monetary damages and Worldcraft Logistics lacking an adequate legal remedy. In the event of such injury or the possibility of such injury, you agree that Worldcraft Logistics shall be entitled, in addition to other available remedies, to seek and be granted an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.
Any real or attempted use of the Worldcraft Logistics Platform in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, penalties under U.S. federal law under the Computer Fraud and Abuse Act of 1986. Worldcraft Logistics reserves the right, in its sole discretion, to review, monitor, and/or record any information relating to your use of the Worldcraft Logistics Platform ("User Information"), including, without limitation, by archiving content and/or communications submitted to and/or sent by you via the Worldcraft Logistics Platform. Worldcraft Logistics reserves the right to share any User Information obtained from you with any law enforcement organization in connection with any investigation or prosecution of potential criminal or unlawful behaviour. Worldcraft Logistics will also reveal User Information if compelled to do so by a court order or subpoena. Furthermore, Worldcraft Logistics expressly reserves the right to modify, suspend, terminate, and/or interrupt operation of or access to the Worldcraft Logistics Platform, or any portion thereof, at any time and without notice in order to protect the Worldcraft Logistics Platform, Worldcraft Logistics intellectual property, Worldcraft Logistics, or the business interests of Worldcraft Logistics and/or its members and affiliates.
This Agreement was signed in the District of Columbia and will be construed and enforced in accordance with the laws of the District of Columbia as they apply to agreements entered into and fully performed in the District of Columbia. You consent to personal jurisdiction and venue in any federal or state court in the District of Columbia, and you waive any objection to such jurisdiction or venue, as well as your right to a jury trial in any action. You also realize and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or legislation) is not applicable to this Agreement and is expressly excluded. Any claim you may have against Worldcraft Logistics must be filed within one (1) year of the occurrence of the cause of action, otherwise the claim or cause of action will be barred. Worldcraft Logistics shall have the right to seek and be awarded any reasonable lawyers' fees and costs in any legal case undertaken by Worldcraft Logistics, in addition to any other relief, at law or in equity, to which Worldcraft Logistics may be entitled. A printed version of this Agreement and any accompanying notice given in electronic form will be admissible in judicial or administrative proceedings founded on or pertaining to this Agreement in the same way that other documents and records originally created and maintained in printed form will be. If you would like a printed copy of this Agreement, please print one or contact Worldcraft Logistics.
This Agreement will go into (re-go into) force when you click "I ACCEPT," download the Worldcraft Logistics Platform, or begin using the Worldcraft Logistics Platform, whichever comes first. This Agreement will automatically end if I you fail to comply with any of its terms and conditions, or (ii) you stop using the Worldcraft Logistics Platform. The termination will take effect immediately. Furthermore, Worldcraft Logistics may, in its sole discretion, cancel this Agreement with or without notice to you for any reason. Any and all rights to use the Worldcraft Logistics Platform shall immediately terminate upon termination of this Agreement, and you must quickly delete or destroy any copies of the Worldcraft Logistics Platform in your possession or control. Sections 2, 6, 7, 13, and 15-23 will remain in effect even if this Agreement is terminated.
The failure of Worldcraft Logistics to insist on strict performance of any of the terms and conditions of this Agreement by you will not be construed as a waiver of any future or other default or failure of performance. If a court of competent jurisdiction rules that any part of this Agreement is invalid or unenforceable under applicable law or court order, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision, and the remainder of this Agreement will continue in effect.
Access to and use of Worldcraft Logistics' other products and services may be subject to additional notices, terms, and restrictions. If there is a dispute between this Agreement and any other notices, terms, or conditions, Worldcraft Logistics will decide the issue in good faith in its exclusive discretion, but this Agreement will typically govern access to and use of the Worldcraft Logistics Platform.