Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.lclxchange.com website (the "Service") operated by the LCLXchange ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to 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 the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through
the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation,
your
credit card number, the expiration date of your credit
card, your billing address, and your shipping information.
You
represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true,
correct and complete.
The service may employ the use of third
party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us
the right to provide the information to these third parties subject
to our Privacy Policy. We reserve the right to refuse or cancel your
order at any time for reasons including but not limited to: product
or service availability, errors in the description or price of the
product or service, error in your order or other reasons. We reserve
the right to refuse or cancel your order if fraud or an unauthorized
or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a Membership basis
("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles are set on a annual
basis.
At the end of each Billing Cycle, your Membership will
automatically renew under the exact same conditions unless you cancel
it or the LCLXchange cancels it. You may cancel your Membership renewal
either through your online account management page or by contacting
the LCLXchange customer support team. A valid payment method, including
PayPal, is required to process the payment for your Membership. You
shall provide the LCLXchange with accurate and complete billing
information including full name, address, state, zip code, telephone
number, and a valid payment method information. By submitting such
payment information, you automatically authorize the LCLXchange to charge
all Membership fees incurred through
your account to any such
payment instruments. Should automatic billing fail to occur for any
reason, the LCLXchange will issue an electronic invoice indicating that
you must proceed manually, within a certain deadline date, with the
full payment corresponding to the billing period as indicated on the
invoice.
The LCLXchange, in its sole discretion and at any time, may modify the
Membership fees for the Membership. Any Membership fee change
will become effective at the end of the then-current Billing Cycle.
The LCLXchange, in its sole discretion and at any time, may modify the
co-loading, direct or master consolidator fees for the loading or
building consols.
The LCLXchange will provide you with a reasonable
prior notice of any change in Membership fees to give you an
opportunity to terminate your Membership before such change becomes
effective.
Your continued use of the Service after the
Membership fee change comes into effect constitutes your agreement
to pay the modified Membership fee amount.
Except when required by law, paid Membership fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other
material ("Content"). You are responsible for the Content that you
post on or through the Service, including its legality, reliability,
and appropriateness.
By posting Content on or through the
Service, You represent and warrant that: (i) the Content is yours
(you own it) and/or you have the right to use it and the right to
grant us the rights and license as provided in these Terms, and (ii)
that the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. We reserve the
right to terminate the account of anyone found to be infringing on a
copyright.
You retain any and all of your rights to any Content
you submit, post or display on or through the Service and you are
responsible for protecting those rights. We take no responsibility
and assume no liability for Content you or any third party posts on
or through the Service. However, by posting Content using the Service
you grant us the right and license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content on and
through the Service. You agree that this license includes the right
for us to make your Content available to other users of the Service,
who may also use your Content subject to these Terms.
The LCLXchange has the right but not the obligation to monitor and edit
all Content provided by users.
In addition, Content found on or
through this Service are the property of the LCLXchange or used with
permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in
part, for commercial purposes or for personal gain, without express
advance written permission from us.
When you create an account with us, you guarantee that you are above
the age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your
account on the Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or
actions that occur under your account and/or password, whether your
password is with our Service or a third-party service. You must
notify us immediately upon becoming aware of any breach of security
or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights
of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is
offensive, vulgar or obscene. We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our
sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the LCLXchange and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the LCLXchange.
Our Service may contain links to third party web sites or services
that are not owned or controlled by the LCLXchange
The LCLXchange has
no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and
agree that the LCLXchange 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 use of or reliance on any such content, goods
or services available on or through any such third party web sites or
services. We strongly advise you to read the terms and conditions and
privacy policies of any third party web sites or services that you
visit.
We may terminate or suspend your account and bar access to the
Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of the Terms.
If you wish
to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature
should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability
You agree to defend, indemnify and hold harmless the LCLXchange and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall the LCLXchange, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Acceptance of Usage (full or partial) of the LCL XChange.com website
as the Master Consolidator shall accept conveyance or assignment of
the following:
1. Settlement of any and all cargo claims from
owners and it's designates, caused by damages and or loss from the
time the cargo is delivered and received at your CFS area, at time of
transit and upon
delivery of same, at the declared final
destination, to the cargo receivers/consignees.
2. No portions
of any claim or liability filing from all parties concerned, as a
result of damages and or losses, can be assigned or filed against
The LCLXchange.com and it's affiliates, officers and or agents.
3.
Payments of Accounts to PayPal
- all payments/charges due to
the LCLXchange.com, must be paid as stipulated herein
- all
applicable freight payments made through the LCLXchange.com shall be
remitted to the Master Consolidator claimant, within 7-10 days after
receipt. This amount reflects total charges, at time of shipment. Any
additional amount, fees or surcharges, covering same shipment that
"Carrier" may require from cargo owners, can no longer be remitted
through this website.
- Refunds or claim for overages can be
made in writing within 30days only from date of cargo arrival at
destination.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The LCLXchange its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material we will provide at
least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole
discretion.
By continuing to access or use our Service after
any revisions become effective, you agree to be bound by the revised
terms. If you do not agree to the new terms, you are no longer
authorized to use the Service.
If you have any questions about these Terms, please contact us. Thank you for choosing the LCLXchange.com