Terms and Conditions
TMU Logistics,
LLC Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access
to and use of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please
do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States and other copyright
laws, and is either licensed for TMU Logistic’s use by Vi-Jon Inc., or is the
property of TMU Logistics. Permission is granted to electronically copy
and print hard copy portions of this site that do not include intellectual
property of Vi-Jon for the sole purpose of placing an order with TMU Logistics
or purchasing TMU Logistics products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with TMU Logistics
or to purchase TMU Logistics products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by TMU Logistics
in writing. You further agree not to change or delete any proprietary notices
from materials downloaded from the site. Under no circumstances shall
registered trademarks of Vi-Jon, Inc. be copied, transmitted, displayed or reproduced for any purpose whatsoever.
Trademarks
All trademarks, service marks and trade names of TMU Logistics used in
the site are trademarks or registered trademarks of TMU Logistics;
provided however, Germ-X® and Germ Blaster® are registered trademarks of
Vi-Jon, Inc. and are the sole and exclusive property of Vi-Jon and are used on
this website under license to TMU Logistics from Vi-Jon.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, TMU Logistics
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. TMU Logistics does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. TMU Logistics
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
TMU Logistics shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if TMU Logistics has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a TMU Logistics product is mistakenly listed at an
incorrect price, TMU Logistics reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. TMU Logistics
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, TMU Logistics
shall issue a credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by TMU Logistics
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
TMU Logistics may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to TMU Logistics.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Missouri, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of TMU Logistics
products) shall be in the state or federal courts located in St. Louis County,
Missouri. Any cause of action or claim you may have with respect to this site
(including but not limited to the purchase of TMU Logistics products)
must be commenced within one (1) year after the claim or cause of action
arises. TMU Logistics's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. TMU Logistics may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a TMU Logistics or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
TMU Logistics does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, TMU Logistics is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, TMU Logistics
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to TMU Logistics in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless TMU Logistics, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, TMU Logistics
may link to sites operated by third parties. However, even if the third party
is affiliated with TMU Logistics, TMU Logistics has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of TMU Logistics. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless, TMU Logistics
seeks to protect the integrity of its site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
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