Terms Of Use
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These Terms of Use have been updated and are effective as of December 12, 2023
This document (the “Terms of Use” or the “Agreement”) establishes the terms and conditions governing your use of the website https://vicsfreight.com/ (“Site”). These Terms of Use, together with the Provider’s Privacy Policy, constitute a binding agreement between users of the Site (“you”, unless otherwise specified) and the Provider.
This Site is operated by VIC’S FOREVER LLC (a company duly registered under the laws of the State of North Carolina, with principal offices at 10130 Perimeter Parkway Suite 200 Charlotte, NC 28216, USA) and its affiliates (collectively the “Provider”, “we”, or “us”) on its own behalf or behalf of its affiliates.
Please read the Terms of Use carefully before using the Site! By using the Site, you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all the terms and conditions outlined in these Terms of Use, please do not use the Site in any way.
1. Your Acceptance of this Agreement
1.1. This agreement between you and the Provider governs your use of the Site, its contents, and features. Each time you visit, browse, access, or otherwise use the Site, you signify your acceptance and agreement to be bound by this Agreement for using the Site, and to comply with all applicable laws and regulations.
1.2. If you do not want to agree to these Terms of Use, you must not access or use the Site.
1.3. By accessing the Site, you represent and warrant that you are at least eighteen (18) years old and have the legal authority to agree to and accept this Agreement on your behalf. If you have not reached such age, have no legal authority to agree to and accept this Agreement, or/and do not agree with the terms of this Agreement, then you may not use the Site.
2. Scope of this Agreement; Authority
2.1. These Terms of Use only apply to your activities when using the Site or its contents.
2.2. From time to time, we may establish or authorize the Provider’s service provider to establish Provider-branded services that operate under different terms and conditions. Those different terms and conditions will be linked to that service’s home page. Please review such different terms and conditions if you choose to visit those sites, as they govern your use thereof.
2.3. These Terms of Use do not affect or amend the terms of any other contracts you have entered into or may enter into with the Provider or a Provider affiliate, such as carrier contracts, agency agreements, transportation and logistics contracts, and other contracts for the Provider’s goods or services (each of these separate contracts with the Provider and/or its affiliates is referred to as “Provider Contract(s)”), and your and the Provider’s (and its affiliates) respective obligations thereunder, except as otherwise expressly outlined in such Provider Contract. The Provider “affiliate” is any entity that controls, is under common control with, or is controlled by the Provider.
2.4. The Provider is based in the State of North Carolina in the United States. The Provider provides the services within the Site for use primarily by persons located in the United States, and the Site is not intended to be used by persons located outside of the United States.
2.5. The Provider makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative. We cannot guarantee that these Terms of Use and Site will comply with local laws where you are located.
3. Changes to these Terms of Use
3.1. We may modify, suspend, or terminate the Site’s operation, as well as its content and offerings, in whole and/or in part, at our sole discretion, at any time and for any reason.
3.2. From time to time, the Provider may, in its sole discretion, for any reason and without any liability to you or any other person, change, supplement, or amend these Terms of Use.
3.3. Access to some areas of the Site may be limited to users authenticated and granted permission by the Provider. The Provider reserves its right to revoke permission to access such areas of the Site for any reason.
3.4. These Terms of Use may only be modified in writing by an authorized officer of the Provider, and they may not be modified orally or in writing by our Site’s customer service representatives or our employees.
3.5. You may not change, supplement, or amend these Terms of Use in any manner. We encourage you to check for revisions to the Terms of Use each time you use the Site and, in any event, you are bound to changes to this Agreement if you continue to use the Site after such changes have been introduced and for which notification of substantive changes has been made (such as a notice on the home page of the Site that such change has been made). Any changes to the dispute resolution procedures set forth below in Section “Governing Law and Venue” shall not apply to any disputes that have been commenced before the changes to the Terms of Use take effect.
4. Privacy Policy
4.1. Please review our Privacy Policy, which explains our practices relating to the collection, use, storage (if any), and disclosure of personal information you provide through the use of the Site. The Privacy Policy is accessible at https://vicsfreight.com/privacy-policy/. By accessing and using our Site and providing us with your personal data, you consent to the Privacy Policy.
5. Intellectual Property Rights
5.1. The Provider, its affiliates, and/or their licensors own the Site, its content, features, functionality, and systems, including the copyright, and all rights to trademarks and service marks used on the Site and all other intellectual property rights therein. All rights not expressly granted or licensed herein are reserved to the Provider, its affiliates, or licensors. The Site and its entire contents, data, software, code, features, functionality (including, but not limited to, all information, text, displays, images, video, audio, and the design, selection, and arrangement thereof), materials, processes, procedures, methods, techniques and any other content (collectively “Data and Information”), are owned by the Provider, its affiliates, its licensors, or other providers of such material, or licensed to them, and are protected by laws of the United States and international laws, copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights (hereinafter “Intellectual Property Rights”).
5.2. You acknowledge, understand, and agree that the Provider or its affiliates retain all Intellectual Property Rights in and to all Data and Information, and domain names that link to the Provider sites in the US and internationally and/or related to the Provider’s business. All rights reserved.
5.3. If you wish to use the Site material other than that set out in this section, please address your request to [email protected].
6. Acceptable Use; Prohibited Use
6.1. You are responsible for all activities you engage in, on or through the use of the Site. You agree to use the Site in accordance with these Terms of Use, the Revised Terms, and all applicable laws, rules, and regulations.
6.2. You agree to keep all information you provide to the Provider or share with the Site up-to-date, complete, and accurate, including, without limitation, all contact information. In addition, you agree not to provide to the Provider, or transmit through the Site information and materials that:
(a) Are inaccurate, false, misleading, deceptive, tortious, injurious, unlawful, threatening, abusive, defamatory, obscene, lewd, lascivious, violent, harassing, offensive, pornographic, profane or indecent, or that would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate applicable laws, rules and/or regulations;
(b) Violate the proprietary rights of others, including, without limitation, the copyright, trademark, trade dress, patent, trade secret, or moral rights of others, or information or material that violates another’s rights of privacy, publicity, or confidentiality;
(c) You do not have the right to provide, share, or transmit;
(d) Credit card account information or personal information that could be used to log in to a financial account;
(e) In any way violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(f) Are shared for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(g) Are any advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
(h) Are aimed to impersonate or attempt to impersonate the Provider, its employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
(i) May, as determined by us, restrict or inhibit anyone’s use or enjoyment of the Site, harm the Provider or users of the Site, or expose them to liability.
6.3. In addition, you agree not to engage in activities on or through the use of the Site or using information gathered from the Site to:
(a) Violate these Terms of Use or applicable laws, rules, or regulations;
(b) Engage in fraudulent activity;
(c) Violate any terms of use, rules, policies, or guidelines of your Internet access provider, online service, or sites to which the Site links;
(d) Damage, delete, or modify or make derivative versions of any information or material with the Site;
(e) Modify any copyright or other proprietary notices or legends with the Site or information or material printed or downloaded from the Site;
(f) Use any robot, scraper, or another automated process not provided by us to gather information or extract data from the Site;
(g) Reverse engineer or copy or disassemble any programming components of the Site or otherwise endeavour to discover source code from the Site;
(h) Bypass or circumvent or endeavour to bypass or circumvent measures employed to prevent or limit access to areas, code, or content of the Site;
(i) Disable, disrupt, impair, overburden, or damage the Site or interfere with any other party’s use thereof, such as through viruses, denial of service attacks, spamming, flooding or other disruptive components or acts;
(j) Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material with the Site;
(o) Use any manual process to monitor or copy any of the material with the Site or for any other unauthorized purpose without our prior written consent;
(k) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
(l) Otherwise, attempt to interfere with the proper working of the Site.
6.4. If we ascertain or receive information from third parties or law enforcement officials of any of the above-listed prohibited uses or other unlawful uses on your behalf, we may terminate your access to the Site due to your breach of these Terms of Use. Without limiting the foregoing, we have the right to report any violation of these Terms of Use to law enforcement authorities. YOU AGREE TO WAIVE AND HOLD HARMLESS THE PROVIDER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6.5. Nothing in these Terms of Use shall prohibit or restrict the Provider or any Provider affiliate from complying with all applicable laws, rules, and regulations and all law enforcement requests and/or orders. The Provider may use and disclose any user contact information as the Provider deems reasonable to comply with the law, to respond to such requests or orders, to enforce these Terms of Use, and to protect the safety of persons or property.
6.6. While the Site is not directed to or expected to be used by children, parents should know that there is a significant amount of information available to them and a variety of commercially available products and services that can assist them in implementing controls to block minors’ access to adult, violent or other content that the parent prefers to block. The Federal Trade Commission maintains a website at www.onguardonline.gov that contains information about protecting kids using the Internet.
7. Copyright Infringement
7.1. The Provider respects the intellectual property rights of others and requires that all users of the Site do the same. The Provider will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site access and termination of other privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, shared, or copied with the Site in a way that constitutes copyright infringement, please notify the Provider Copyright Agent (at the address set forth below) in writing with the following information:
(a) Your real name and your current valid working email address and telephone number with which we can contact you;
(b) Identification of the work protected by copyright that you claim has been infringed or, if multiple works have been infringed, a representative list of such works;
(c) A description of where the work that you claim infringes your work is being used or appears on the Site;
(d) A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
(f) Your electronic or physical signature.
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the Provider’s Copyright Agent is at [email protected]
8. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
8.1. Neither the Provider nor any Provider affiliate on whose behalf the Provider is operating the Site accepts any liability for your use of the Site. From time to time, the Site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any shared information. Please confirm you are using the most up-to-date information with the Site, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in the Site.
8.2. DISCLAIMER:
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE. THROUGH OR BECAUSE OF YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH PERSONS OTHER THAN THE PROVIDER OR THE PROVIDER AFFILIATE. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROVIDER AND THE PROVIDER AFFILIATE MAKE NO REPRESENTATION, WARRANTY, OR CONDITION THAT:
• THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
• THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS, OR ANY ERRORS WILL BE CORRECTED;
• THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
• THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
• THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
PROVIDER AND ITS AFFILIATES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
8.3. LIABILITY EXCLUSION:
THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PROVIDER NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THAT IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
8.4. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING DUE TO NEGLIGENCE, WILL THE PROVIDER OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST INCOME OR PROFITS (ANTICIPATED OR OTHERWISE) OR BUSINESS INTERRUPTION, ANY LOSS OF USE, LOSS OF PRODUCTION, ARISING OUT OF USE OF THE SITE, OR ANY ITS CONTENT, INFORMATION, PRODUCT OR SERVICE, EVEN IF THE PROVIDER OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE PROVIDER AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THIS SITE IS LIMITED TO THE LESSER OF THE DOLLAR AMOUNT YOU PAID THE PROVIDER TO USE THIS SITE OR USD 100.
8.5. RELEASE:
YOU HEREBY RELEASE, REMISE, AND FOREVER DISCHARGE EACH OF THE PROVIDER, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
8.6. INDEMNITY:
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OF THE PROVIDER, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THEM IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE, THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, OR YOUR BREACH OF THIS AGREEMENT.
8.7. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions, as well as Sections “Intellectual Property Rights”, “Governing Law and Venue”, “Waiver; Severability”, “Limitation on Time to File Claims”, “Communications” in this Agreement shall survive indefinitely after the termination of this Agreement.
9. Links
9.1. The Site may contain links to or from sites controlled by third parties. The Provider and the Provider Affiliate make no representations or warranties regarding linked sites or their content or goods or services you may encounter or obtain thereon.
9.2. The Provider has no control over the contents of those sites or resources, and neither the Provider nor the Provider Affiliate accepts responsibility for them or for any loss or damage that may arise from your use of them, and you access such sites at your own risk.
Please check the terms of use and privacy policy applicable to each site you visit, as they may vary due to the nature of the sites and who is permitted to access them.
10. Third-Party Products and Services
10.1. From time to time, the Site may contain information about third-party products and services. For example, the Provider may arrange for discounts to be provided on certain third-party products and services, and third-party products and services may be advertised with the Site.
10.2. With respect to all such third-party products and services, you should be aware that they are not being provided by the Provider, and the Provider is not responsible for such goods or services or the terms on which they may be purchased or sold. If you choose to purchase such goods or services, you do so at your own risk, and you should carefully evaluate them and the terms upon which you are purchasing them. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such website’s terms and conditions of use.
11. Termination of your access to the Site
11.1. The Provider, in its sole and absolute discretion, may terminate, suspend, and/or limit your access to the Site without notice or liability at any time. Termination, suspension, or limitation of your right to access the Site shall not affect or terminate your obligations or the rights and licenses granted to the Provider by you under these Terms of Use, all of which survive any such termination, suspension, or limitation.
12. Governing Law and Venue
12.1. These Terms of Use, your use of the Site, and all related matters shall be governed and construed in accordance with the laws of the State of North Carolina without application of its conflicts of laws principles. Except as may be expressly agreed otherwise by the Provider and you, you agree that any dispute between the Provider or any of its affiliates, on the one hand, and you, on the other hand, arising from, connected with, or relating to the Site, your use of the Site, these Terms of Use or any related matters shall be brought exclusively in a federal or state court having jurisdiction thereof within the State of North Carolina. The Provider and you waive any objection to such a venue based on lack of personal jurisdiction or inconvenient forum.
13. Waiver; Severability
13.1. Failure by us to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right contained herein.
13.2. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Use.
13.3. If any provision of these Terms of Use is deemed invalid, void, or unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect. Any rights not expressly granted by these Terms of Use are reserved to the Provider.
14. Limitation on Time to File Claims
14.1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THIRTY (30) CALENDAR DAYS, OR AS LIMITED BY APPLICABLE LAW, AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Communications
15.1. Any notice or other communication under these Terms of Use shall be in writing and shall be considered given and received when sent by email, text messaging, or notifications. The language of communication shall be English.
15.2. By using the Site, you consent to receive communications from the Provider electronically with respect to your use of the Site and its contents, and you agree that the Provider may communicate with you with such respect via email. You expressly authorize the Provider to contact you via email if the Provider or the Provider Affiliate is required by law to notify you of a data security incident or data breach.
15.3. All notices of copyright infringement claims should be sent to the copyright agent designated in clause 7.1 in the manner and by the means set out herein.
15.4. Any notices, feedback, comments, requests for technical support, and other communications to us relating to these Terms of Use or the Site should be sent to: [email protected].