We must explain to you how all seds this mistakens idea off denouncing pleasures and praising pain was born and I will give you a completed accounts off the system and expound.
IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. YOU AGREE TO THESE TERMS OF USE BY ACCESSING THIS PLATFORM, REGISTERING FOR THIS PLATFORM, OR BY ACCEPTING OR
DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS PLATFORM OR THE MOBILE APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS PLATFORM.
LOTUS TMS (“TMS”) is a user-friendly platform that provides operational sanity for the logistics industry. This is the official Terms of Use Agreement (“Terms of Use”) for the TMS Website, TMS Software, and the TMS App (“App”), (individually or collectively referred to as the “Platform,” “we,” “us,” or “our”). Terms of Use apply whether you are accessing the Platform or using the App via a personal computer, a mobile device, user interfaces, or any other technology or devices now known or hereafter developed or discovered (each, a “Device”).
This Platform is offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions (“U.S.”) and certain features on this Platform (including, but not limited to, user registration) may be subject to heightened age and/or other eligibility requirements. If you are not yet 18 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Platform immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Platform immediately, because by using or attempting to use the Platform, you certify that you are at least 18 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Platform.
By accessing and using the Platform or downloading materials from the Platform, you accept and agree to, without limitation or qualification, these Terms of Use. TMS reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Platform after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes. Please also review our Privacy Policy.
By accessing or linking to this Platform, you assume the risk that this Platform and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”) on this Platform may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add,
change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. TMS assumes no obligation to update the Content. The words “use” or “using” in these Terms of Use, means any time an individual (a “User”),
directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Platform, transmit, receive or exchange data or communicate with the Platform, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Platform, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Platform and it cannot be modified, except as specifically described herein.
As a User of the Platform and/or App, you agree not to use the Content for any unlawful purposes and not to violate TMS’s rights or the rights of others. TMS reserves the right to object or otherwise take action against any such use. The Platform is to be used solely for your non- exclusive, non-assignable, non-transferable and limited use and for no other purposes.
The Content of this Platform is the property of TMS, its Affiliates and/or third parties, and any of their respective successors and assigns, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of TMS or such third party that may own the Content displayed on the Platform. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED AGENT OF TMS. You must not alter, delete or conceal any copyright or other notices contained on the Platform, including notices on any Content you download, transmit, display, print or reproduce from the Platform. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of TMS or its owner if TMS is not the owner.
24.1 Any notices shall be sent to TMS at the following:
NAME: Lotus TMS, LLC
ADDRESS: 12022 Blue Valley Pkwy Ste 530
CITY, STATE ZIP CODE Overland Park, KS 66213
EMAIL: invoicing@lotustms.com
24.1 All notices, requests, demands and other communications hereunder must be in
writing and will be deemed given:
(a) if delivered personally, on the date given; or
(b) if delivered by a courier or express delivery service, on the date of delivery; or
(c) if by certified or registered mail, postage prepaid, return receipt requested, three (3) days after mailing to the applicable party.
In addition, the same will be deemed given:
(d) if sent by facsimile transmission, on the date transmitted if the transmission is confirmed as sent by the transmitting machine and a copy is also sent via another manner specified in (a), (b), or (c) above; or
(e) if sent by email, on the date transmitted if the transmission is confirmed as sent or as received by the recipient’s computer or device and a copy is also
sent via another manner specified in (a), (b) or (c) above.
Your use of the Platform is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use, allow, or enable others to use the Platform, or knowingly condone use of this Platform by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing,
intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Platform, or from advertising, linking or becoming a supplier to us in connection with the Platform, send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”, violate TMS’s rights or the rights of others, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, transmit,
distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful, disruptive or destructive programs or other material or information, forge any TCP/IP packet header or part of the header information in any email or Posting (as hereinafter defined) for any reason, violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to and/or use the Platform, other users’ names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Platform or to use the Platform in any manner which violates or is inconsistent with the terms and conditions of this Agreement, modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or the rights of use and enjoyment of the Platform by any other person, firm or enterprise, or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Platform, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Platform. When you provide information to the Platform, you agree to provide only true, accurate, current and complete information on all registration pages. If you register with the Platform, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Platform using your name in whole or in part. TMS reserves the right to terminate membership and/or deny access to the Platform to any User in its sole discretion.
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Platform.
TMS reserves the right to record and gather any and all data entered into the Platform for analytics, quality control, and other commercial purposes. Any such data being collected and used under this section shall be completely devoid of the User’s personal, sensitive, or identifying information is retained by TMS in the usage of the data. The User has the right, in accordance with the Privacy Policy, to opt out of this by providing notice in writing to TMS per the notices provision herein.
THE PLATFORM, THE CONTENT, AND ALL ASSOCIATED WITH THE PLATFORM ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS PLATFORM, THE CONTENT, AND THE EMAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. TMS AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE PLATFORM, THE CONTENT, AND/OR THE EMAILS. TMS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, UNCTIONALITY, AVAILABILITY OR OPERATION OF THIS PLATFORM OR THE CONTENT. THIS PLATFORM MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. TMS DOES NOT WARRANT THAT THE CONTENT OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE PLATFORM OR THE CONTENT WILL BE CORRECTED, OR THAT THE PLATFORM, THE SERVERS THAT MAKE THE PLATFORM AND/OR THE CONTENT AVAILABLE AND ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TMS OR AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND
WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS PLATFORM, THE CONTENT, THE EMAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE PLATFORM, THE CONTENT, OR THE EMAILS, EVEN IF TMS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PLATFORM, THE CONTENT, OR THE EMAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TMS OR AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IN NO EVENT WILL TMS OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL TMS OR AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree and acknowledge that no portion of these Terms of Use endows any user with any right, title or interest in any intellectual property, including but not
limited to copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights related to the Platform.
TMS operates the Platform exclusively in the United States. Information contained on the Platform may not be appropriate or available for use in other locations, and access to this Platform from territories where the content of the Platform may be illegal is prohibited. If you access the Platform from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Platform or export
the Content in violation of U.S. export laws and regulations. These Terms of Use and your use of the Platform shall be construed, enforced, and governed in accordance with the laws of the United States of America and the State of Missouri without regard to its conflicts of laws principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, if
otherwise applicable. In the event of a dispute, any adjudication of the same shall have venue within the Western District of Missouri. The Parties agree to arbitrate all disputes arising out of this Agreement, except for those disputes whose contested monetary value being less than the maximum jurisdiction of Missouri small claims courts, pursuant to the rules of the American Arbitration Association Commercial Division. The Parties agree that the decision of the Arbitrator or Arbitration Panel shall be binding upon the Parties and that the prevailing Party shall be entitled to costs from the non-prevailing Party including, but not limited to, reasonable attorney fees, interest, and filing fees. In the event of a dispute with a contested monetary value of $4,999 or less,
the Parties shall adjudicate same within small claims court within New York, New York. However, notwithstanding any other provision of this Terms of Use, you agree that in the event of any dispute between the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Platform or any film, television program, show, website, property,
production or materials owned or controlled by TMS or Affiliates. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OF USE, YOUR USE OF THE PLATFORM OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
TMS will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Platform and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of TMS. TMS reserves the right to modify or discontinue this Platform, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Platform, or upon demand by TMS, you must destroy all materials obtained from this Platform and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.
These Terms of Use were last modified on the date indicated above and are effective immediately.