Terms of Use
General
NextDue Logistics makes available information, materials, services, and products (“Content”) on this www.nextdue.com website (“Site”), subject to these terms and conditions (“Site Terms of Use”). The availability or display on the Site of Content does not confer or convey any rights or create any license except strictly as may be expressly provided in these Site Terms of Use.
These Site Terms of Use constitute a legal agreement between you and NextDue Logistics. Please review the Site Terms of Use, and if you do not agree to the terms, do NOT use this Site. By accessing and using this Site, you acknowledge that you have read, understood, and agree to be bound by the Site’s Terms of Use.
Portions of the Site may contain or display Content supplied by third parties (“Third-Party Content”). For Third-Party Content, you may be subject to third-party rights separate and apart from the rights of NextDue Logistics. You agree to comply with all copyright notices, information, license terms, or other restrictions contained in or provided with Third-Party Content, including the Third-Party Terms below (collectively, “Third-Party Terms”).
There are certain tools and functions that may be accessed through the Site, such as account creation, electronic payment, shipment tracing, transit time estimations, and other customer support features, that may require you to agree to additional terms and conditions. Nothing in these Site Terms of Use will diminish your rights and responsibilities as set forth in those additional terms and conditions.
Revisions and Errors
NextDue Logistics reserves the right to revise these Site Terms of Use at any time, at its sole discretion, by updating and posting new Site Terms of Use to this Site. By using this Site, you agree to be bound by the then-current version of these Site Terms of Use and should periodically visit this page to review these changes.
The Site may contain technical, factual, typographical, or other inaccuracies or errors, which may include errors in shipment tracing, transit times, or software embedded in the Site. NextDue Logistics may make corrections, improvements, and changes to the Content at any time, and reserves the right to remove Content without notice.
Information disclosed under the corporate and securities laws of jurisdictions applicable to NextDue Logistics is not intended to be in any way qualified, amended, modified, or supplemented by any Content.
Intellectual Property
Except as specifically permitted herein, no portion of the Content may be reproduced in any form or by any means without the prior written permission of NextDue Logistics. The trademarks displayed on this Site are the property of their respective owners. Third-Party Content is subject to separate copyright and other intellectual property notices stated in the Third-Party Terms below.
Limited License
NextDue Logistics Content (“NextDue Content”) includes any Content in any form that is supplied by NextDue Logistics only. Except as may be otherwise provided elsewhere on this Site, you may view, copy, print, and distribute NextDue Content available on this Site subject to the following conditions (the “License”):
- NextDue Content may be used solely for non-commercial personal informational purposes, except solely for business purposes in support of your business relationship with NextDue Logistics.
- NextDue Content may not be modified or altered in any way.
- NextDue Content shall not be copied onto your or any other party’s World Wide Web site or other publicly available repository of information.
- NextDue Content shall not be included in or with any product that you distribute to third parties, nor shall it be used to create derivative works. Any copy of any NextDue Content or portion thereof must include the following NextDue Logistics Notice: Use and reproduction of this material is subject to a limited license granted by NextDue Logistics according to the Website Terms and Conditions posted on www.nextdue.com. Any other use, distribution, reproduction, or reliance is strictly prohibited. Trademarks displayed are the property of their respective owners.
- If the NextDue Content contains any Third-Party Content, your right, if any, to reproduce such Third-Party Content is governed by the applicable Third-Party Terms.
- Your License will automatically terminate upon your non-compliance with these Site Terms of Use. NextDue Logistics reserves the right to revoke your License at any time without prior notice or liability. Upon written or electronic notice from NextDue Logistics revoking your License, you shall immediately discontinue any use of the Content.
- Absolutely no license is granted to the design or layout of this Site, or any trademarks used in this Site. Such elements are protected by copyright, trademark, and other laws and may not be used, copied, or imitated in whole or in part.
Third-Party Terms
Content supplied in whole or in part by NextDue Logistics’ third-party suppliers is supplied subject to the applicable Third-Party Terms separate and apart from the License. Subject to any specific Third-Party Terms provided together or in conjunction with Third-Party Content, the following provisions shall apply:
- Third-Party Content is protected by copyright, trademark, or other proprietary rights of third-party content providers. You agree to comply with any additional copyright notices, information, or restrictions contained in any Third-Party Content.
- You may not publish, transmit, transfer, sell, reproduce, distribute, perform, display, or in any way exploit any of the Third-Party Content, in whole or in part.
- You may not sublicense any Third-Party Content to any third party or use the Third-Party Content in any other media or in any location other than at the Site.
- You may not alter the Third-Party Content in any way or create any derivative works from the Third-Party Content.
- NextDue Logistics’ licensors and suppliers reserve the right, at their discretion, to restrict, suspend or terminate your access to all or any part of Third-Party Content at any time for any reason without prior notice or liability.
- Your right to use the Third-Party Content will automatically terminate upon your non-compliance with these Site Terms of Use.
Disclaimer of Warranties
NEITHER NEXTDUE LOGISTICS NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEXTDUE LOGISTICS AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO (1) THE SITE OR ANY THIRD-PARTY SITE, AND (2) ANY NEXTDUE CONTENT OR THIRD-PARTY CONTENT. THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING NEXTDUE LOGISTICS’ CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. NEXTDUE LOGISTICS AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.
Limitation of Liability
IN NO EVENT SHALL NEXTDUE LOGISTICS OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY TO YOU. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT NEXTDUE LOGISTICS OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
Confidentiality
Except strictly as may be expressly provided in a specific separate agreement between NextDue Logistics and you, NextDue Logistics does not want to receive confidential or proprietary information from you through this Site. Accordingly, you agree that any information or material received by NextDue Logistics in this manner via this Site will be deemed to be not confidential. NextDue Logistics cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Indemnity
You will defend, indemnify, and hold NextDue Logistics, our past, present, and future officers, directors, members, employees, agents, affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Site Terms of Use.
Governing Law; Jurisdiction
This Site is designed for use within the United States, NextDue Logistics makes no representation that the Content is appropriate or available for use in other jurisdictions, and accessing the Site from jurisdictions where the Content is illegal is prohibited.
By accessing this Site, you agree that all matters relating to your access to, or use of, this Site will be governed by the laws of California, without regard to the conflicts of laws principles thereof. You and NextDue Logistics also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in California with respect to these matters.
Assignment; Severability
NextDue Logistics may assign these Site Terms of Use and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of NextDue Logistics or the sale of substantially all of the NextDue Logistics’ assets related to the Site, to the surviving or successor entity. You may not assign these Site Terms of Use or the rights and obligations hereunder without the prior written consent of NextDue Logistics. If any provision of these Site Terms of Use shall be determined to be void or unenforceable in whole or in part, the remaining provisions of these Site Terms of Use shall not be affected thereby and shall remain in force and effect.