Effective Date: January 11, 2022
Welcome to the website of MX Logistics, owned and operated by Mario’s Express Service, Inc. dba MX Logistics (hereinafter “MX”, “We”, “Us”, “Our”), located at 20 Constitution Avenue, Piscataway, NJ, 08854, United States.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORIZED TO USE THIS SITE AND THE APPLICATIONS HEREIN.
By accessing, browsing, visiting, or using services available on this Site (“Using”), You’re agreeing to abide and be legally bound by Our Terms and Privacy Policy. The terms “You” and “Your” include the individual user of this Site and the business entity or organization that You represent and are Using Our Site on behalf of, therefore warranting that You can agree to Our Terms and Privacy Policy on behalf of the business entity or organization. If You do not agree to abide by all of the terms and conditions in Our Terms and Privacy Policy, You may not use Our Site.
By Using Our Site, You represent that You are at least eighteen years of age and comply with all applicable laws and regulations. This Site is not intended for and may not be used by individuals under thirteen years of age without a parent or guardian’s consent to Our Terms and Privacy Policy on Your behalf.
International Use. When You use this Site, You agree to comply with all applicable local rules of online conduct pertaining to the transmission of data exported from the country You reside in. MX does not warrant that this Site and its use will be lawful from where You access it, and You are solely responsible for all Your actions and assume all risks. MX controls this Site (excluding linked sites) from its headquarters in Piscataway, New Jersey, United States of America, and makes no representation that any information or content contained on this Site is appropriate or available for use in other locations. Accessing this Site in locations in which the use of such information or content is illegal is prohibited.
Privacy. Our Privacy Policy explains the information We collect through Our Site and how it is being collected, used, and shared for Our own purposes. Again, by accepting Our Terms each time You use Our Site, You consent to the use of and disclosing such information in accordance with Our Privacy Policy.
Modifications. We are constantly making updates to improve, reserving the right – which we’ll exercise at any time, at Our sole discretion, without liability or notice, for any reason (except where prohibited by applicable law) – to change and discontinue material, information and services on Our Site and Our Terms, which may include suspending or restricting Your use of material, information, and services on Our Site (“modifications”). Any modifications will become effective immediately once posted on this Site. By continuing to use Our Site after any modifications or changes to Our Terms are made, You agree to be legally bound by the revised Terms. We also reserve the right to deny access to anyone at Our sole discretion for any reason, including for violation of any of Our Terms.
California Residents. Should you be a resident of California, pursuant to California Civil Code Section 1708.83 once a year and free of charge you may request and receive from MX information regarding the various categories of personal information we disclose to other parties. Please feel free to contact us with any such request. Further all users under the age of 18 who reside in California and who have registered with this website have the right to request that we delete any and all unwanted data posted on the MX site. Please contact us should you reside in California and are under the age of 18 if you wish personal data to be removed.
By Using this Site, You acknowledge that all of the material and information on this Site – including but not limited to graphics, illustrations, images, logos, text, and videos, and their design and arrangement – are the exclusive property of MX or the attributed party that licensed their material and information to Us. It’s protected by copyright, intellectual property rights, and trademarks (registered and unregistered), owned and controlled by Us or the attributed party. You don’t acquire any ownership rights and agree not to copy or modify Our material and information to create and distribute derivative works in any manner for commercial use without prior written consent by MX or the attributed party. It’s a violation of federal law to use Our property, as it is strictly prohibited, illegal, and may be prosecuted to the fullest extent permissible should We choose to do so.
The name MX Logistics and its logo
are trademarks owned by MX Logistics. The use of said trademarks and service marks are strictly prohibited without the expressed written permission of MX.
Submissions. Any feedback, ideas, and suggestions submitted through this Site via comments, messages, and forms (“communications”) will become exclusive property, and Your submission constitutes an assignment to MX of all copyright and intellectual property rights in the communications. We will be entitled to use, disclose, and distribute any submitted material and information for any purpose without restriction.
Unauthorized Access. You also agree that You won’t attempt through any means to obtain material or information not intentionally made publicly available on this Site. It’s prohibited to decompile, disassemble, or reverse engineer the code used on this Site to examine its construction and create products based in whole or part on such software. You also warrant to MX that You won’t attempt to gain unauthorized access to any services offered on Our Site or damage, disable, interrupt, or overburden the operation of Our Site and the servers and networks used to make this Site available. Unauthorized access includes but is not limited to sending mass unsolicited messages or flooding servers with requests, hacking, data mining, or any other means on any portion of this Site. You agree to not use any robot, spider, site search or retrieval application, manual or automatic, to retrieve, index, scrape, data mine, or otherwise gather information, reproduce, or circumvent the navigational structure or presentation of this Site without Our prior written consent.
Any contractual agreements between You and MX Logistics will be documented through a separate written agreement, although the process may be initiated by submitting information through Our Site. Our receipt of any service request does not signify acceptance of any offer regarding the terms of such service. We reserve the right, at any time, to change the service descriptions listed on Our Site.
Except to the extent that You and MX Logistics entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services, or any other services), these Terms are the entire agreement between the parties relating to the matters contained herein and supersedes all previous understandings, agreements, discussions, negotiations, and representations, oral and written, between the parties with respect to the subject matter hereof and shall not be modified except in writing signed by a duly authorized representatives of MX. Any failure or delay by MX in enforcing any of these terms shall not in any way affect, limit, or waive MX’s rights hereunder at any time to enforce strict compliance thereafter with every term of this agreement. Neither Your use of Our Site nor Our Terms creates an agency, partnership, joint venture, or employer-employee relationship with MX.
If any provision of these terms is deemed unlawful, void, or unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
All material and information on Our Site is shared on an “as is” and “as available” basis, and We disclaim all responsibility for any actions or omissions You choose to make as a result of Using this Site. We disclaim all representations (like accuracy, availability, and reliability), all warranties (like fitness for a particular purpose, merchantability, non-infringement, and results), or conditions of any kind, either express or implied, about the services on this Site, to the fullest extent permitted by applicable law. No advice or information, whether oral or written, without limiting the disclaimers in Our Terms, shall create any warranty or representation on behalf of MX and Our service providers. Additionally, MX and Our service providers make no warranties that Your use of the materials, information, software and all other content on this Site will not infringe the rights of others.
Third-Party Services. Our Site may use or integrate various third-party applications, hyperlinks, and software (“Third-Party Services”) as a convenience to You to easily gather information about Us or share information with Us to fulfill Your requested service. Examples of Third-Party Services include Indeed’s hiring software, SignNow’s e-signature tool, social media platforms, Stripe’s payment processor, Tenstreet’s recruiting software, Trimble’s transportation management software, and email and mobile text (SMS) messaging services. Our Terms and Privacy Policy do not apply to any Third-Party Services, and We do not operate, control, or maintain Third-Party Services. We are not liable for Third-Party Services or for any agreement You may enter into with them, even if they are accessible on Our Site. When You access Third-Party Services, You do so at Your own risk, as they have their own terms and policies that will govern Your use of them and We do not have control or responsibility for what third parties do. Third-Party Services accessible on Our Site do not constitute Our approval, endorsement, or sponsorship of the information, material, availability, policies, or practices of such third-party websites and services.
As part of Our Site, We may offer clients access to Our shipment tracker, which involves integration with Third-Party Services. Our shipment tracker is a tool that may offer certain clients the ability to view, monitor, and track their load status information in real-time. You agree to grant MX, its employees, and all other persons or entities involved in the operation of MX, the right to access, transmit, receive, monitor, retrieve, store, maintain, share, and use Your information in the shipment tracker for the purpose of providing services and operating the shipment tracker. As a shipment tracker user, You are responsible for maintaining the confidentiality and security of Your load number and delivery zip code, and You shall be responsible for all uses of Your load number and delivery zip code in viewing Your load status. If You enable an individual user to use Your load number and delivery zip code, You shall be liable for all activity made by that person.
You as the indemnitor agree to the fullest extent permitted by applicable law that in no event will MX Logistics and its agents, carriers, employees, licensors, and service providers be liable to any and all actions, claims, demands, and expenses arising out of or related to Your use of Our Site or Our Terms for (1) any consequential, direct, exemplary, incidental, indirect, punitive, or special damages; (2) any losses related to unavailability, degradation, corruption, theft, or unauthorized access; (3) any interruption or loss of business, data, goodwill, profits, prospective economic advantage, revenue, or other intangible losses; (4) any costs of any third party, such as attorney’s fees and legal fees as incurred; (5) any Third-Party Services or third-party websites accessed via Our Site; (6) costs of procuring substitute goods, software, services, or other data on Your system or otherwise arising out of the use, misuse, or inability to use Our Site or the applications, features, information, material, and services available on this Site; and (7) Your breach of Our Terms or Privacy Policy. With respect to all listed above, You agree to defend, indemnify, and hold harmless MX Logistics and its agents, carriers, employees, licensors, and service providers from and against any and all actions, claims, demands, and expenses (including any claims of negligence of the indemnitee) arising out of or related to Your use of Our Site or Our Terms.
You agree to use this Site at Your own risk and assume responsibility for all risks arising out of related use. You are also solely responsible for obtaining, configuring, and maintaining all hardware, software, and other equipment and services necessary to use Our Site. Due to the insecure nature of the internet and related technology, the operation of this Site may be subject to or affected by factors out of Our control, like disruption, interruption, and inadvertent or deliberate breaches of security and privacy, and You agree We aren’t liable for such.
These limitations apply to any theory of liability, whether based in warranty, contract, tort, negligence, strict liability, or any other legal theory, whether or not MX has been informed of the possibility of such damage. Your sole and exclusive remedy is to discontinue Using Our Site. In no event shall the maximum aggregate liability of MX for all claims arising out of or related to the use of Our Site, Our Terms, or any other Third-Party Services exceed twenty U.S. dollars ($20).
Any and all disputes relating to the terms and conditions contained herein shall be resolved exclusively though binding arbitration. By agreeing to these terms and conditions you agree to WAIVE your right to bring an action and are waiving the right to SUE in court and you will not have a JURY TRIAL. The arbitration of any dispute that is not resolved though informal negotiations shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted, in person and shall take place in Middlesex County, New Jersey. The Arbitrator shall follow all applicable law both federal and the laws of the State of new Jersey. Where any conflict of law exists, the laws of the State of New Jersey shall apply. Any award of the arbitrator that fails to follow applicable law may be challenged. If any dispute proceeds in court rather than arbitration, the Parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue. Any and all claims for Mediation arising out of a dispute which is in any way related to the use of this Site must be brought within one (1) year after the cause of action arose.
These Terms are construed, enforced, and governed in accordance with the laws of the State of New Jersey. You agree that any claim or cause of legal action arising out of the use of Our Site or Terms which cannot be resolved through the binding arbitration as a matter of law, will be brought only in either the State of or Federal Courts located in New Jersey, and You consent to the jurisdiction of said courts. Any claim or cause of legal action arising out of the use of Our Site or Terms must be filed within one year after such claim or cause of legal action arose or be forever barred, regardless of any statute or law to the contrary. You may only resolve disputes with Us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action.
