Terms of Service

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

โ€User Eligibility

The Website is provided by Ware2Go, Inc. โ€œW2Gโ€ and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.

โ€Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement in which case the terms of the separate agreement shall supplement these Terms of Use and shall supplant these Terms of Use only to the extent it contradicts these Terms of Use.

Modifications

W2G may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of W2G.

โ€Right to Access and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of W2G. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of W2G, its affiliates or other entities that have granted W2G the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of W2G. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without W2G’s or the appropriate third party’s prior written permission. Except as expressly provided herein, W2G does not grant to You any express or implied rights to W2G’s or any third party’s Intellectual Property.W2G grants to You a limited, personal, nontransferable, non-sublicensable, revocable right to access and use the Website to administer the Services as available at the Website. You may authorize Your employees, agents and contractors (โ€œUsersโ€) to access and use the Website consistent with these Terms of Use.

โ€Suspension of Rights

W2G may suspend Your or a Usersโ€™ rights to access any part of the Website in W2Gโ€™s sole discretion at any time and for any reason or for no reason at all. Without limiting the foregoing in anyway, W2G may suspend Your or a Userโ€™s rights to (1) correct a material error in the Website; (2) prevent violation of these Terms of Use or (3) comply with any law.

โ€Use of Information

You may use data returned through the Website (the โ€œInformationโ€) within Your business to manage the Services provided under these Terms of Use for Your sole benefit, and not for the benefit of others. For clarity, You are not authorized to resell, distribute, redistribute or grant access to the Website or Information to third parties, or use of the Website or Information to provide transportation or logistics services to a third party.

Website Availability

The Website is scheduled to be available twenty-four (24) hours a day, seven (7) days a week (other than when unavailable for maintenance); however, W2G does not guarantee the availability of the Website, or that access will be uninterrupted or error-free. W2G reserves the right to interrupt, limit, or suspend the Website from time to time for purposes of maintenance, upgrades and similar reasons. You agree that W2G shall not be held responsible or liable for any damages arising from any interruption or unavailability of the Website, regardless of the cause.

Contaminants

You agree not to, and will ensure Users do not, associate, input or upload to the Website any virus, Trojan horse, worm, time bomb or other computer programming routines (i) that are intended to damage, interfere with, intercept or expropriate the Website or (ii) that infringe the intellectual property rights of W2G or another.

Maintenance

W2G will use commercially reasonable efforts to ensure the Website is online and accessible. W2G reserves the right to suspend access to the Website for scheduled and emergency maintenance.

Content

You will provide information and content, including personally identifiable information, to W2G in connection with using the W2G Services. You grant W2G the right to use this information and content as needed to fulfill its service obligations and as otherwise permitted by the W2G privacy policy (incorporated here by reference) and/or applicable law. You will keep all content accurate and up-to-date, and inform W2G immediately of any changes.You shall not reverse engineer or decompile any software code that is part of the W2G Service or Website.

Data Collection

W2G reserves the right to collect (via cookies or otherwise), use, and freely exploit data with respect to the provision and usage of the Services (collectively, the โ€œUsage Dataโ€), and to prepare reports, studies, analyses and other work product resulting from such compilation and analysis on an anonymous basis. W2G shall have exclusive ownership rights to, and the exclusive right to use such Usage Data for any purpose.

โ€Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE โ€œAS ISโ€ AND ON AN โ€œAS AVAILABLEโ€ BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).These Terms of Use give You specific legal rights and you may also have other rights which vary between jurisdictions. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to You. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

โ€Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of New York without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in New York. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.