PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using this web site ("Site"), you signify, on behalf of yourself and the Company by which you are employed or to which you are sub-contracted (collectively "you" or "your"), your agreement to these Terms and Conditions of Use ("Terms and Conditions."). If you do not agree to these Terms and Conditions, do not use this Site. Vanguard Logistics Services may modify these Terms and Conditions at any time.
Restrictions On Use of Materials
This Site is copyright protected. Any textual or graphic material, files, and images you copy, print, or download are licensed to you by NACA Logistics (USA), Inc. dba Vanguard Logistics Services and/or its parents, subsidiaries, and affiliates ("Vanguard Logistics") for your use only for purposes of building Less- than-Container Load ("LCL") shipments. You may not change, alter, amend, or delete any copyright, trademark or other proprietary materials or notices.
Vanguard Logistics does not transfer either the title or the intellectual property rights to this Site or any materials contained herein and Vanguard Logistics retains full and complete intellectual property rights. You may not sell, redistribute or reproduce any portions of the materials on this Site, nor may you decompile, reverse engineer, disassemble or otherwise alter the Site or its materials. All trademarks and logos are owned by Vanguard Logistics and you may not copy or use them in any manner.
This Site is controlled and operated by Vanguard Logistics from its offices within the State of California, United States of America. Vanguard Logistics makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to U.S. export controls. No software from this Site may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this Site or its software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Disclaimers and Limitation of Liability
As a user of this Site, you assume the responsibility for the selection of the Site and its functions as being appropriate for your purposes. You understand and agree that: (i) you are solely responsible for the content and accuracy of all reports and documents prepared from this Site; (ii) using the Site does not relieve you of any contractual or other obligations concerning the preparation and review of such reports and documents; and (iii) you will review any calculations made by using the Site and satisfy yourself that those calculations are correct; and (iv) you will notify Vanguard Logistics as soon as any person who has been assigned a password is no longer affiliated with your company, whether via employment or otherwise. You understand that if you do not notify Vanguard Logistics that a person or group with password access to this Site is no longer permitted to have access, that person or group (or another to whom a password may be conveyed) may continue to have access to the Site to your detriment. You will not allow anyone to have access to the Site without your permission.
You are solely responsible for the accuracy of all information and materials provided by you in connection with your use of this Site and for determining and evaluating the accuracy, feasibility, suitability, legal compliance, safety, and efficacy of all materials produced through or relating to your use of this Site, including without limitation, load plans, weights, cargo mix, cargo distribution, cargo descriptions, identifications, seals, and transportation documents (including but not limited to bills of lading, waybills, and airway bills.)
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VANGUARD LOGISTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, VANGUARD LOGISTICS SHALL UNDER NO CIRCUMSTANCES BE OR BECOME LIABLE FOR ANY LOSS, DAMAGE, FINES OR PENALTIES INCURRED BY YOU ARISING OUT OF OR RELATING TO: (A) LOSS OR DAMAGE TO CARGO, VESSELS, OTHER CONVEYANCES, OR OTHER REAL OR PERSONAL PROPERTY OF WHATEVER KIND (UNLESS CAUSED BY VANGUARD LOGISTICS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT); (B) PERSONAL INJURY OR DEATH (UNLESS CAUSED BY VANGUARD LOGISTICS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT); (C) FINES OR PENALTIES IMPOSED BY ANY GOVERNMENTAL AGENCIES OR AGENCIES ACTING UNDER AUTHORITY OF A GOVERNMENT; (D) DEMURRAGE OR DETENTION OR SIMILAR CHARGES; (E) LOSS OR DAMAGE ARISING OUT OF DELAY, HOWSOEVER CAUSED; OR (F) LOSS OR CORRUPTION OF ANY ELECTRONIC OR OTHER DATA HOWSOEVER CAUSED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VANGUARD LOGISTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VANGUARD LOGISTICS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. VANGUARD LOGISTICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT VANGUARD LOGISTICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES SHALL VANGUARD LOGISTICS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF VANGUARD LOGISTICS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VANGUARD LOGISTICS' TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE SUM OF US$100.00.
Although the Site and its software have been prepared with reasonable skill and care, Vanguard Logistics does not warrant that the Site or the software shall be free from all known viruses or that the Site or software will work correctly in all circumstances. Vanguard Logistics has no duty or policy to update any information, software, or statements contained on this Site and, therefore, such information, software, or statements should not be relied upon as being current as of the date you access this Site. Moreover, any portion of the materials available on this Site may include technical inaccuracies or typographical errors. Changes may be made from time to time, without notice to you, with respect to the materials available on this Site, the software, and any other items accessible on this Site.
You agree to defend, protect, indemnify, and hold harmless Vanguard Logistics from and against any and all claims, causes of action, or liabilities (including without limitation, claims for property damage, personal injury, or death), damages, fines, and costs (including attorneys' fees), arising out of or related in any way to your use of this Site or any data, content, or materials produced thereby.
Links to Other Web Sites
Vanguard Logistics makes no representation whatsoever regarding the content of any other web sites which you may access from this Site. When you access a non-Vanguard Logistics web site, you understand and agree that it is independent from Vanguard Logistics and that Vanguard Logistics has no control over the content on that web site. A link to a non-Vanguard Logistics web site does not mean that Vanguard Logistics endorses or accepts any responsibility for the content or use of such web site.
Should any viewer of the Site or user of data, content, or materials produced through this Site contact Vanguard Logistics with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and Vanguard Logistics shall have no obligation of any kind with respect to such information. In addition, Vanguard Logistics shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Vanguard Logistics shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Vanguard Logistics' Privacy Statement.
In consideration of Vanguard Logistics' continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how, and techniques to Vanguard Logistics without any compensation. You agree to execute any and all documents that Vanguard Logistics may reasonably request in connection with confirming Vanguard Logistics' ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
This Agreement is effective unless and until terminated by either Vanguard Logistics or you. You may terminate this Agreement at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this Agreement. Vanguard Logistics may terminate this Agreement at any time and without notice, and accordingly deny you access to this Site, in Vanguard Logistics' sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Vanguard Logistics, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Choice of Law and Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States, without regard to principles of conflict of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
No failure or delay of either party to exercise any rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same or other rights or remedies preclude any further or other exercise of the same or other rights or remedies, nor shall any waiver of any rights or remedies with respect to any circumstances be constructed as a waiver thereof with respect to any other circumstances.
The parties declare that they have required that this Agreement and all documents related hereto, either present or future, be drawn up in the English language only.
This Agreement constitutes the entire agreement between Vanguard Logistics and you with respect to the subject matter hereof, and supersedes all proposals, oral or written, and all other communications between the parties with respect to such subject matter. This Agreement shall not be modified, except by written agreement signed by the parties hereto.
Vanguard Logistics shall not be liable for, and shall be excused from, any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions of power or communications, failure of suppliers or subcontractors, natural disasters or other acts of God.
To the fullest extent permitted by law, if you are located in a member state of the European Union, you hereby waive all notices, acknowledgments of receipt and confirmations relative to contracting by electronic means that may be required as implemented in your jurisdiction in respect of this Agreement and your use of the Site.
Acceptance of Terms and Conditions
You are bound by these terms for any use of this website now and in the future. If you accept these Terms and Conditions, please press "Accept" to proceed to this Site.