Terms And Conditions

Freight Terms and Conditions

1. Status of Parties: By accepting this Terms of Use Agreement ("Agreement"), you represent that you are a shipper of goods and that you are responsible for all shipped goods arranged through or in conjunction with your use of www.viomlogistics.com("Web Site"). Viom Logistics, a Delaware private limited company doing business as a Subsidiary of  Viom Global Inc ("VIOM LOGISTICS") operates under various registrations and authorities issued by governmental authorities but is not authorized to assume direct responsibility for the transportation of your shipments. VIOM LOGISTICS is an independent arranger of transportation (broker of motor carrier transportation) but is not an agent for any third-party carrier, including but not limited to, motor carriers, air carriers, ocean carriers, and rail carriers, independent from any ownership interest of VIOM LOGISTICS, who assume a direct contractual relationship with you under bills of lading or other contracts (each a "Carrier"). A Carrier assumes sole responsibility for the physical movement of goods you tender and ship. All shipments represent a commercial contract arrangement with contractual responsibilities exclusively between you and a Carrier, exclusive of any contract or other responsibility by VIOM LOGISTICS.

2. Generally Authorized Use: VIOM LOGISTICS grants you a non-exclusive right to access and use the website, and the products or services that VIOM LOGISTICS may offer or make available from or through the website, including offers of carrier services from Carriers. This grant is solely for business purposes under this Agreement, effective as of the day of the activation of your account ("Account") when you receive your initial password for use of the Web Site. Your use of the service will at all times comply with all applicable laws, rules, and regulations and all rules periodically imposed by VIOM LOGISTICS or any Carrier which may change from time to time. You assume total responsibility and risk for your use of the service and the Internet generally.

3. Interactive Features: You understand and agree that certain interactive features available on the website are to facilitate obtaining service from Carriers. You acknowledge that VIOM LOGISTICS is a broker or intermediary and is not a Carrier or an agent for a Carrier and VIOM LOGISTICS does not control the Carriers or the service provided by the Carriers. You specifically acknowledge that your use of a Carrier is subject to a contract solely between you and the Carrier, and responsibilities under or arising out of that contract do not create or involve any obligations to you by VIOM LOGISTICS. You agree to be subject to and comply with all obligations and requirements applicable to your use of such service, including all terms, conditions, payment requirements, and limitations of liability applicable to such service as determined by a Carrier, and that Carrier's rules and tariffs will take precedence over this Agreement as necessary. You assume full responsibility for and assure the accuracy of the preparation of the information that you provide to Carriers through the website and the preparation of all applicable shipping documentation. If the information is incomplete or inaccurate in any way, you authorize Carrier to complete or correct it on your behalf and adjust the charges accordingly; provided, however, that Carrier is not obligated to complete or correct any such information. You assume full responsibility for and assure the accuracy of marking, addressing, and packing all shipments to ensure safe transportation with ordinary care in handling and complying with all applicable Customs, import, export, or other laws, regulations, and requirements imposed by law. You specifically acknowledge that claims for cargo loss, damage, and delay, as well as all other claims arising out of the transportation of a shipment, are matters for resolution between you and the Carrier that shall not involve VIOM LOGISTICS. You specifically acknowledge that you will be paying VIOM LOGISTICS for the service and that by using the service you incur a specific and absolute obligation to VIOM LOGISTICS to pay for such service regardless of any controversies that may arise between you and a Carrier. You agree to timely remit payment without setting off for all charges in connection with the use of the service. You agree that any failure of timely payment shall allow VIOM LOGISTICS an action for recovery of any amount due, plus interest on any overdue amount at the rate of 1% per month, plus reasonable attorneys fee, and other fees and costs incurred in the recovery of any such amounts due.

4. Confidentiality of Passwords: Your acceptance and use of a password, the Account, other use of the website, or other use of the service constitutes acceptance of these Terms of Use. You may change the password on the Account at any time without notifying VIOM LOGISTICS. You are solely responsible for maintaining the confidentiality of your password. You agree to notify VIOM LOGISTICS immediately of any unauthorized use of your password or Account, or any other breach of security. If VIOM LOGISTICS has reason to believe that a breach of security exists, VIOM LOGISTICS may but is not obligated to change your password, or otherwise deny you access to the Account, without notice. In the event of a breach of security, you will remain liable for any unauthorized use of the Account until you notify VIOM LOGISTICS.

5. Authority to Monitor and Privacy: If you engage in the inputting of data, uploading or downloading of files, or otherwise engage in any form of transmission or communication in or through the service ("Communications"), you grant to VIOM LOGISTICS an irrevocable, perpetual, fully-paid license to use, display, copy, modify and publish such Communications. You acknowledge that no fiduciary or other relationship is created between you and VIOM LOGISTICS by this Agreement; that your Communications are not confidential; and that VIOM LOGISTICS may monitor, read, and disclose your Communications. You consent to VIOM LOGISTICS's use of manual and electronic means to monitor and access your Communications. VIOM LOGISTICS has the right but not the obligation to monitor the service and to disclose any information necessary to satisfy any law, regulation, or other lawful request, to operate the service properly, or to protect itself. VIOM LOGISTICS may take all reasonable actions, including restriction, suspension, or termination of your access privileges, at any time at its discretion. VIOM LOGISTICS will not be liable to you for any action VIOM LOGISTICS takes to restrict access, or for any action taken to protect the rights of a third party.

6. Proprietary Rights: VIOM LOGISTICS owns all rights, title, and interest in and to all components of the service, including but not limited to the look and feel of the end-user interfaces associated with the service. You acknowledge that the service may be the subject of intellectual property and proprietary rights. You may not reproduce, redistribute, retransmit, publish, or otherwise transfer or exploit any material except as expressly permitted by the owner of such proprietary rights. You will not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the service that VIOM LOGISTICS owns, or any service, information, or materials that you may access through the service.

7. Termination of Account: You may terminate the Account at any time by emailing your servicing VIOM LOGISTICS account representative. VIOM LOGISTICS may modify, suspend, or terminate the Account immediately for your breach of this Agreement. On termination of this Agreement for any reason, VIOM LOGISTICS may terminate your login name and password, and delete any or all data files associated with the Account.

8. Code of Conduct: VIOM LOGISTICS may terminate your Account if you fail to abide by this Code of Conduct and any other rules that may periodically be established by VIOM LOGISTICS and communicated to you by posting on the website. You will not: (a) disclose your password, or let the Account be used by any unauthorized third party; (b) use the service to falsify invoices or other data transmitted to Carriers or VIOM LOGISTICS; (c) use the service in any manner that is prohibited by law or that would violate any applicable local, state, national or foreign law, rule or regulation; (d) interfere with or disrupt the service or servers or networks connected to the service; (e) disobey any requirements, procedures, policies, or regulations of networks connected to the service; or (f) upload, download, publish, transmit, reproduce or transmit: (i) any material that contains software viruses; (ii) any computer code, files or programs that interrupt, destroy or limit the functionality of the service or any computer software, hardware or telecommunications equipment; (iii) any material that contains objectionable information of any kind; (iv) any content that infringes any proprietary right of any person; or (v) any content that you do not have the right to transmit.

9. Your Warranty of Authority: You warrant and represent that you and the individuals you appoint are authorized to act in the manner in which they act to secure the services and that your use of the website shall at all times be in compliance with all applicable laws, rules, and regulations, including, but not limited to, customs, import, export, bonding (inclusive of alcoholic beverages) and those laws, rules, and regulations that apply to the offer and shipment of hazardous materials or dangerous goods. If you offer hazardous materials or dangerous goods, you specifically warrant that (a) all regulations and laws qualify you; (b) you are the sole offeror; and (c) you are not relying in any way upon VIOM LOGISTICS as a qualified offer or.

10. Indemnification: You agree to indemnify, defend, and hold harmless VIOM LOGISTICS, and its shareholders, officers, directors, employees, suppliers, independent contractors, content or service providers, subsidiaries, and affiliates from and against any and all claims, proceedings, damages, injuries, liabilities, losses and costs, including, without limitation, attorneys' fees and costs, incurred in connection with any claim arising out of your breach of this Agreement, including any failure to comply with Carrier requirements or a breach of any warranties and assurances. You agree to cooperate as fully as reasonably required in the defense of any claim. VIOM LOGISTICS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you will not settle any matter without the written consent of VIOM LOGISTICS.

11. DISCLAIMER OF WARRANTY: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, CONTENT ACCURACY OR THE RESULTS TO BE OBTAINED FROM ITS USE. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS, OR VALIDITY OF ALL INFORMATION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VIOM LOGISTICS MAKES NO WARRANTIES REGARDING THE SERVICE AND WILL NOT BE LIABLE FOR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OR LACK OF SECURITY OF OR ERROR IN THE SERVICE UNDER ANY CIRCUMSTANCES. VIOM LOGISTICS DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED IN A TIMELY FASHION.

12. LIMITATION OF LIABILITY: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. VIOM LOGISTICS WILL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES UNDER ANY THEORY OF LAW ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE; OR FOR ANY ERRORS IN THE SERVICE; OR FOR ANY ACTIONS TAKEN OR NOT TAKEN IN CONNECTION WITH THE SERVICE; EVEN IF YOU ADVISED VIOM LOGISTICS OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND THAT IF YOU BECOME DISSATISFIED WITH THE SERVICE OR VIOM LOGISTICS'S POLICIES OR DISAGREE WITH ANY MODIFICATION TO THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

13. Construction and Severability: If any court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.

14. Changes to this Agreement: VIOM LOGISTICS may modify this Agreement and impose new or modified policies, practices, or rates at any time, with or without notice to you in its sole and absolute discretion. Your continued use of the service will be conclusively deemed an acceptance of all such modification(s).

15. Assignment: You may not assign or transfer by contract, by operation or law, or otherwise this Agreement or your rights or obligations hereunder without VIOM LOGISTICS's prior written consent. VIOM LOGISTICS may assign this Agreement and its rights and obligations in its sole discretion and without your consent.

ACCEPTANCE OF AGREEMENT

You understand that you can accept these terms and conditions for the use of the website and the services electronically or by manual execution of this Agreement. Your acceptance shall represent you have read and understand all the terms and conditions.