Software Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE FOLLOWING “TERMS OF USE” DESCRIBE THE TERMS UNDER WHICH FORCEGET OFFERS EACH INDIVIDUAL OR ENTITY ACCESS TO ITS SERVICES ON THE FORCEGET NETWORK (“FORCEGET”). BY ACCESSING THE NETWORK OR ANY CONTENT ON THE NETWORK, YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT UNDERSTAND/AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.

PARTIES TO THIS TERMS OF USE

Visitors, viewers and Clients, collectively referred to herein as “Users,”, on one part and Forceget Logistic LLC and its affiliates, subsidiaries and each of their directors, officers, employees and authorized representatives (collectively “Forceget”), on the other part, are parties to this Terms of Use. Clients shall mean FORCEGET’s customers, who have executed valid customer contracts with FORCEGET.

If you are accessing and/or using FORCEGET Network on behalf of your employer or as a consultant or agent of a third party (collectively your company), you represent and warrant that you have the authority to act on behalf of and bind your company to the terms of use and everywhere in this Terms of use that refers to You or Your, shall also include Your Company.

You must be 18 years old to visit and/or use FORCEGET Network as this site is not intended for minors and is not subject to CHILDREN ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998. Third-party vendors: User understands that FORCEGET uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology in connection with FORCEGET Network, and User agrees that FORCEGET is not and will not be liable or responsible for the acts or omissions of such third-party vendors or hosting partners.

MODIFICATION OF TERMS OF USE

FORCEGET Network reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on FORCEGET Network. You agree to be bound to any changes to this “Terms of Use” if you continue to use this FORCEGET Network after any such modification is posted. Users of FORCEGET Network have an affirmative duty, to keep themselves informed of changes.

FORCEGET NETWORK PRIVACY POLICY

For information about FORCEGET data protection practices, please read Forceget Privacy Policy. This policy explains how FORCEGET Network treats your personal/confidential information, and protects your privacy when you visit and/or use FORCEGET Network. You agree to the use of your data in accordance with these Terms of use and FORCEGET’ privacy policy.

REGISTRATION

FORCEGET Network requires Users to register in order to receive information and or interact with us on FORCEGET Network or other service Platforms. If registration is requested, Users agree to provide accurate and complete registration information. On FORCEGET, each registered is assigned one login IDs and password that will enable such User to access the Network. Upon registration the User become valid member of the FORCEGET Network. Users are responsible for maintaining the confidentiality of its account login credentials and/or password, as well as all uses of its account. Users shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords, and Users are solely responsible for any losses arising from another party’s use of such IDs and passwords, either with or without User’s knowledge.

FORCEGET reserves the right to refuse to initiate business with the User or revoke access to the services or any party thereof, or to terminate a User’s access to the Network at any time at its sole discretion with or without cause, without notice to the User.

FORCEGET uses forms to generate e-mails, which are then used to submit registration information, inquiries and other business processes. FORCEGET explicitly states that these forms do not constitute any agreement with respect to provision of certain services between FORCEGET and the thirdparty logistic service provider. FORCEGET expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms

RELATIONSHIP OF PARTIES

User understands that User is not the Client of FORCEGET unless a written express contract is executed between Forceget and the User for the provision of logistic management services. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by this Terms of Use.

OBLIGATIONS

Information and data provided through FORCEGET Network will only be used by Users and FORCEGET as reasonably required for operating FORCEGET and providing the Network services and in accordance with FORCEGET’ Privacy Policy. Users agree (i) to abide by all applicable local, state, national, and international laws and regulations; (ii) not to use the Network for illegal purposes; (iii) not to impersonate any person or entity or engage in any fraudulent business practice, including generating invalid impressions, clicks, or other actions; (iv) not to display or transmit any unlawful, harmful, hateful, racially, ethnically or objectionable material of any kind; (v) not to distribute in any way files that contain viruses, corrupted files, or any other similar programs; and (vi) not to interfere or disrupt the Network’s functionality.

INTELLECTUAL PROPERTY RIGHTS

FORCEGET retain all copyright, trademarks, trade secret, patent and other proprietary and intellectual property rights to FORCEGET Network. Users may access and use the Network solely for conducting the allowed operations on FORCEGET. Nothing in these Terms will directly or indirectly be construed to assign or grant users any right of ownership, title or interest in any intellectual property rights relating to FORCEGET

FORCEGET acknowledges that users retain all copyright, trademarks, trade secret, patent and other proprietary and intellectual property rights to the information users provide to FORCEGET. Nothing in these Terms will directly or indirectly be construed to assign or grant FORCEGET any right of ownership, title or interest in the information owned by users, or any intellectual property rights relating thereto, except as to use such information for the provision of agreed services, if applicable.

DATA PROTECTION

FORCEGET Network has appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected. FORCEGET Network has adequate and effective safeguards utilizing security technologies and techniques in accordance with the best industry practices relating to the prevention and detection of inappropriate use or access of software, hardware, systems. FORCEGET Network implements and/or uses Network management and maintenance applications and tools and appropriate intrusion detection, identity management, and encryption technologies.

DEALINGS WITH THIRD PARTIES

During the use of FORCEGET Network, Users may enter into correspondence with any other third party selling its services such as thirdparty logistic service provider. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between Users and the applicable third-party logistic service provider. FORCEGET Network and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between Users and any such third-party logistic service provider.

EXPORT COMPLIANCE

The services or Forceget Network may be subject to export laws and regulations of the United States and other jurisdictions, and any use or transfer of the services, Forceget Network must be permitted under these laws and regulations. User represents that it is not named on any U.S. government or EU denied-party list. User shall not enable use of the services in a U.S. or EU-embargoed country (currently Cuba, Iran, North Korea, Sudan, Crimea — Region of Ukraine, Libya or Syria) or in violation of any U.S. and EU export law or regulation.

INDEMNITY

Users hereby represent that the information provided to Forceget hereunder does not violate or infringe the intellectual property, privacy or publicity rights of any third party, and Users shall defend, indemnify and hold FORCEGET harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by FORCEGET or which are agreed by FORCEGET to be paid by way of settlement or compromise, arising out of any third-party claim due to a breach of the foregoing representations and warranties or any violation of applicable law by Users. User agrees to hold harmless and indemnify FORCEGET Network , and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, without limitation, from and against any claims arising from or in any way related to the use of FORCEGET by the Users, including but not limited to uploading User information, violation of any third Party rights pertaining to any intellectual property rights or confidential information, violation of these Terms of Use or any other actions connected with use of FORCEGET Network Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, FORCEGET Network will provide Users with written notice of such claim, suit or action. The Users waives all rights to claim damages that may have been caused to them by visiting and/or using this FORCEGET Network.

DISCLAIMER

FORCEGET SERVICES PROVIDED UNDER THIS TERMS OF USE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ALL OF WHICH FORCEGET EXPRESSLY DISCLAIMS. FORCEGET MAKES NO WARRANTY (i) THAT FORCEGET WILL MEET USERS REQUIREMENTS, (ii) THAT FORCEGET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) FORCEGET ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE FORCEGET SERVICES OR ANY OTHER SOLUTIONS THAT MAY BE LINKED TO VIA THIRD PARTY LOGISTIC SERVICE PROVIDER. FURTHER FORCEGET MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO ITS ACCURACY, ADEQUACY, SUFFICIENCY, OR FREEDOM FROM DEFECT OF ANY KIND. USERS ASSUME ALL THE RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS USERS HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH FORCEGET, USERS HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. FORCEGET NETWORK MAKES NO SUCH WARRANTY. USER MAY DOWNLOAD INFORMATION AND/OR USE INFORMATION FROM FORCEGET AT THEIR OWN RISK. FORCEGET NETWORK MAKES NO WARRANTY THAT DOWNLOADS IS FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. ANY MATERIAL UPLOADED OR OTHERWISE DEMONSTRATED THROUGH FORCEGET NETWORK IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USERS WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF UPLOADING ANY SUCH MATERIAL.

UNLESS OTHERWISE AGREED IN WRITING BY FORCEGET, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FORCEGET NETWORK OR THROUGH OR FROM FORCEGET NETWORK SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

USERS UNDERSTAND AND AGREE THAT FORCEGET NETWORK SHALL NOT BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORCEGET NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:THE USE OR THE INABILITY TO USE FORCEGET NETWORK , AND/OR ITS SERVICE; PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FORCEGET AND/OR ITS SERVICE; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO FORCEGET AND/OR SERVICE.

Termination or Suspension for Breach

If any User of the Network commits any breach of obligation under this Terms of Use and the User does not cure such breach within 24 hours after receipt of notice of such breach, FORCEGET may terminate this Terms of Use or suspend User’s Use of FORCEGET. FORCEGET, at its sole decision, may suspend or terminate the Terms of Use immediately if the User uses the FORCEGET Network for illegal, fraudulent or abusive purpose, such use may be referred to law enforcement authorities without notice to User and further FORCEGET reserves the right to suspend User’s use of FORCEGET Network.

Notwithstanding the foregoing, FORCEGET reserves the right to revoke access to the services or any party thereof, or to terminate a User’s access to the Network at any time at its sole discretion with or without cause, without notice to the User.

Choice of Law and Forum

a. For USA and non-European based Users: The Terms of Use and the relationship between such Users (based both in USA and non-European based Users) and FORCEGET Network shall be governed by the laws of New York without regard to its conflict of law and provisions. Any cause of action or claim you may have with respect to FORCEGET must be commenced within one (1) year after the claim or cause of action arise or else such claim or cause of action shall be deemed to be barred. Such Users of FORCEGET Network agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to FORCEGET Network, its terms of use and privacy policy. Arbitration shall be conducted pursuant to the rules and regulations of American Arbitration Association. Arbitration shall take place in English language and the seat of arbitration shall be at New York. Such Users of FORCEGET Networks hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of New York for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall such Users, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights will thereby stand waived by the Users.

b. For Non-USA based Users: If User’s jurisdiction of establishment is any jurisdiction outside the United States; the Terms of Use shall be governed by the laws of New York law without reference to conflicts of law principles. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the United Nations Commission on International Trade Law Arbitration Rules in effect on the date of this Agreement (the “Rules”), and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Arbitration will be administered by the American Arbitration Association in accordance with its “Procedures for Cases under the UNCITRAL Arbitration Rules”, applying the substantive laws of the State of New York and the United States. The award will be rendered in the English language, and the arbitration will be held in (A) Miami, Florida, United States of America if User is established in Central or South America, (B) London, England if User or (D) New York City, New York, United States of America, if User is established in any other jurisdiction. There will be three arbitrators who must be fluent in English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such award. The award of the arbitrators shall be final and binding, will be the sole and exclusive remedy between the parties regarding such dispute, and the parties explicitly waive request for review under Article V Section 1 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The arbitration agreement set forth in this section 16(c) will be binding upon the parties, their successors and permitted assignees, and the rights and obligations of the parties shall remain in full force and effect pending the enforcement of any award in any arbitration proceeding hereunder, notwithstanding termination, for any reason, of this Agreement.

Severability of Terms

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Any rights not expressly granted herein are reserved.

No Waiver

The failure of FORCEGET to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and shall not guarantee that FORCEGET will repeat any such actions in the future.

Entire Terms of Use

The Terms of Use and the Privacy Policy referenced herein constitute the entire Terms of Use between Users and FORCEGET and govern Users visit and/or use of FORCEGET Network, superseding any prior Terms of Uses between User and FORCEGET with respect to the use of and access to FORCEGET Network. Users also may be subject to additional terms and conditions that may apply when Users use FORCEGET Network, third-party content or third-party software.

Assignment

This Terms and Use and any rights granted to User under these Terms and Use may not be transferred or assigned by User, in whole or in part, whether voluntarily, by operation of law, or otherwise, without our prior written consent and any such attempted assignment or transfer shall be null and void. Subject to the foregoing, these Terms and Use will enure to the benefit of and be binding upon the respective successors and permitted assigns of User and FORCEGET. These Terms and Use may be assigned or novated by FORCEGET at FORCEGET’s sole discretion.

If you come across a situation in the Terms of Use where you suspect that this may not be the case, in accordance with the Digital Millennium Copyright Act (DMCA), we ask that you contact:

DETAILS FOR CONTACTING FORCEGET

Email: [email protected]
Mail: Forceget Logistics LLC
1504 Bay Road Unit 1214 Miami Beach, FL, 33139