Terms
of Use
Last revised: October 14, 2024
This page (the https://point-express.webflow.io) is operatedby Point Express Inc., which provides dispatcher carrier services, togetherwith its affiliates, associates, and partners (collectively referred to as"we", "us" and "our"). Please read these Terms ofUse ("Terms" or "Terms of Use") carefully before using theWebsite. For purposes of these Terms, “you” and “your” means you as a user ofthe Website. We may update these Terms by posting an updated version to theWebsite here.
Your access to the Website and features we make available to you on the Websiteis conditioned upon your acceptance of and compliance with these Terms. TheseTerms apply to all visitors, users, and others who wish to access the Website.By accessing or using the Website, you signify that you have read these Termsand agree to be bound by and comply with them. If you do not agree with theseTerms, please do not use the Website.
If you are accessing the Website on behalf of a business or other legal entity(“Business”), (i) you represent that you are authorized to enter into and bindthe Business to these Terms; and (ii) the Business is legally and financiallyresponsible for your access to the Website, as well as for the use of theWebsite by others affiliated with you, including any employees, agents orcontractors.
The Website allows you to learn more about what services we provide and givesyou an opportunity to contact us regarding our services connected to mobilemarketing.
DISCLAIMERS
The Website is provided on an "as-is" and"as-available" basis, and we do not warrant, and hereby disclaim anywarranties, either express or implied, with respect to the accuracy, adequacyor completeness of the information obtained from the Website. Any reliance onthe information on the Website is at your own risk.
We do not warrant that this Website will operate in an uninterrupted orerror-free manner or that the Website is free of viruses or other harmfulcomponents. Access to the Website is at your own discretion and risk, and youwill be solely responsible for any damage to your device or computer system, orloss of data resulting therefrom.
The use of virtual private network (VPN) services or proxy servers to access orinteract with the Website is strictly prohibited. You are expressly prohibitedfrom employing any technology or method that masks, alters, or conceals yourtrue internet protocol (IP) address with the intention of circumventinggeographical or content-based restrictions, manipulating access privileges, orengaging in any activity that contravenes the intended use and functionality ofthe Website. Violation may result in account suspension or termination. Wereserve the right to take appropriate measures to enforce this policy.
We reserve the right to change, suspend, or cease the Website without notice toyou.
REPRESENTATIONS
You hereby represent that neither you, nor any company yourepresent, nor any beneficial owner of your company are:
● a citizen or resident of a geographic area in which access to or use of theWebsite is prohibited by applicable law, decree, regulation, treaty, oradministrative act;
● a citizen or resident of, or located in, a geographic area that is subject tothe United States sanctions or embargoes; or
● an individual, or an individual employed by or associated with an entity,identified in the United States denied persons or entity lists, blocked personsor entity lists, debarred parties lists, and/or any other similar lists thatmake you ineligible to receive items subject to the United States exportcontrol laws and regulations.
You agree that if your country of residence or other circumstances change suchthat the above representations are no longer accurate, you will immediatelycease accessing or using the Website.
USING OF WEBSITE
This website is one of the sources of communication betweenyou and us. By using this site, you can submit an inquiry to us on receivingour services specified on the website, as well as about other issues related toour activities, etc.
After submitting an inquiry through our website, we contact you outside of thewebsite using the details you provided in such an inquiry, but only if yourinquiry is relevant to our services. Please note that we are not obliged torespond to all inquiries submitted through our website or provide servicespursuant to such inquiries.
Our services are provided not based on these Terms, but by concluding aseparate agreement with our customers, in particular, a dispatcher carrieragreement that regulates our commercial activity, conditions of the servicesprovision, our services fee to be paid by our customers, and the procedure ofpayments of such fee.
While providing our services, we act on behalf of our customers as their legalrepresentative based on the issued power of attorney. Despite this, inperforming the services, we are an independent contractor and are not anemployee, partner, principal, agent, fiduciary, or joint venture of ourcustomers. Our employees shall be deemed to be employees of our customers andin any way, directly or indirectly, expressly or by implication, be subject,including, but not limited any mandated or other insurance coverage, tax orcontributions, or requirements pertaining to withholdings, levied or fixed byany city, state or federal governmental agency.
LINKS TO OTHER WEBSITES
The Website may include links to websites maintained or controlled by third parties. Such links are provided solely for your convenience and informational purposes. We are not responsible for the content, privacy policies, or practices of such third-party websites.
LIMITATION OF USE
In addition to other restrictions as set forth in theseTerms:
● you shall not use the Website for any purpose that is unlawful or prohibitedby these Terms;
● you shall not change, make derivative works of, disassemble, reverse compileor reverse engineer any part of the Website;
● you shall not access the Website in order to build a similar or competitivewebsite; and
● no part of the Website may be copied, reproduced, distributed, republished,downloaded, posted, transmitted or used in any form or by any means unlessotherwise indicated.
LIMITATION OF LIABILITY
You hereby discharge us and our officers, employees, agents,and successors from, and hereby waive, each and every past, present and futureclaim, demand, right, obligation and liability of every kind and nature, thathas arisen or arises directly or indirectly out of, or that relates directly orindirectly to, the Website.
You agree that, to the maximum extent permitted by law, we will not be liableto you or any third party for any loss or damages, either actual orconsequential, arising out of or relating to these Terms or your use of, orinability to use the Website.
We presume that you comply with all applicable laws and regulations (includingin the sphere of data protection). However, if you breach them while using theWebsite, you shall indemnify, defend, and hold harmless us from any and allclaims, damages, losses, liabilities, costs, and expenses arising out of, or inconnection with, your breach.
COPYRIGHT/TRADEMARK INFORMATION
All intellectual property (including, but not limited to trademarks, logos, and service marks) displayed on the Website are our property or the property of other third parties. You are not permitted to use these without our prior written consent or the consent of such third party which may own them.
SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERM, CHANGES, AND OTHER
These Terms will remain in full force and effect while youuse the Website. Any future r-lease, update, or other addition to functionalityof the Website shall be subject to these Terms. We reserve the right, at oursole discretion, to modify or replace these Terms without notice at any time.You can review the most current version of the Terms at any time on this page.The modified version of these Terms becomes binding on all users of the Websitefrom the moment it is published.
Unless otherwise agreed to in writing, nothing in these Terms should beconstrued as creating any agency, partnership, joint venture or other form ofjoint enterprise, employment, or fiduciary relationships between us and thirdparties. Any references to such third parties do not indicate that such partyhas any authority to bind us to any agreements or representations on our behalfwithout our prior written consent.
CONTACTS
In case of any questions concerning these Terms or the Website, please contact us by this email: [office@pointexpressinc.com]
