Terms of Use

The SHGL.com Web site ("Site") is owned and operated by Swan & Hercules Global Logistics, (USA) LLC  All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names and URL, is the property of SHGL, or its respective partners, agents or third parties.

Acceptance of Terms

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas. These general terms and conditions, together with such additional terms and conditions where applicable, are referred to as this "Agreement."

SHGL reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

Intellectual Property Rights and Use Restrictions

The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to SHGL or its partners, affiliates, contributors or third parties.

You may use the Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. You agree not to modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site or the Service, except as expressly permitted by the Terms of Use. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. Unless specifically authorized in writing by Swan Logistics, you may not connect "deep links" to the Site, i.e. create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

User Conduct

You agree that you shall not use the Site in any way to:

1.      Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;

2.      Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;

3.      Collect or store personal data about other users;

4.      Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;

5.      Use the Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Sites providers, Web sites, chat rooms or the like; or

6.      Intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law.

Disclaimer of Warranties 

YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT. SHGL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SHGL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGMENT WITH REGARD TO THE SITE, THE SERVICE AND THE CONTENT. SHGL SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT. SHGL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SHGL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SHGL ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, OR REPRESENTATIVES, OR THOSE OF ITS PARENT, SUBSIDIARIES OR AFFILIATES, BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION ON THIS SITE OR FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF SHGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SHGL LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHGL LIABILITY SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless SHGL, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

Privacy

The information we obtain through your use of the Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy contains terms and conditions that govern our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms of the Privacy Policy, we ask that you not use the Site.

Linked Web Sites

The Site, or third parties on the Site, may provide links to other sites and/or resources, including advertisers, over which SHGL has no control. These links are provided solely as a convenience to the user and should not be construed as an endorsement by SHGL of content, products or services on those third-party Web sites. SHGL makes no warranties or representations whatsoever regarding any other Web site that you may access through this Site. When you access a non-SHGL Web site, please understand that it is independent from SHGL and that SHGL has no control over the content of that Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of a destructive nature.

Definitions

·         "SHGL” or "We" means Swan & hercules Global Logistics (USA) LLC., its subsidiaries and affiliates.

·         "Website" means the www.shgl.com website and other websites owned and operated by SHGL and the Content, Marks, and Services available on the website.

·         "Content" means the information, graphics, products, and features that are available on the website.

·         "Mark" means trademark, trade name, service mark, trade dress, custom graphics, or icons.

·         "Services" means the software, applications, and other services that are available on the website.

However, the terms "website", "Marks", "Content" and "Services" do not include third parties' websites, trademarks, service marks, trade names, information, graphics, products, features, software, application or other services that are provided by third parties and that are available through a link from the website. The use of these other items is subject to the terms set forth by their respective owners or operators on the third party websites.

User Supplied Information  

If you supply or post any information or material to or via the Site, you guarantee to us that you have the legal right to provide such material or information and that it will not violate any law or the rights of any person or entity. By providing material or information on the Site, you give SHGL  the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material or information, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

General Provisions  

(a) Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by SHGL of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. SHGL therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. SHGL does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

(c) Enforcement/Choice of Law/Choice of Forum. Every provision of these Terms of Use shall be construed as valid and enforceable. If any provision of the Terms of Use, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.

(d) Dispute Resolution. If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive relief or rights relating to intellectual property or confidentiality obligations), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute shall be resolved in binding arbitration by a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified herein. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. The arbitrator may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator shall issue a reasoned award. The arbitrator shall not be authorized to award punitive or exemplary damages. The cost of the arbitration shall be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration shall hold in confidence the existence, content and outcome of the arbitration. The location of arbitration shall be Phoenix, Arizona USA. The language of the arbitration shall be the English language.

Law and Venue

This Site, including these Legal Terms and Conditions, shall be governed by the laws of the State of Arizona without regard to its conflict of laws principles. Any dispute arising out of or in relation to this Site, including these Legal Terms and Conditions, shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Arizona in the County of Phoenix.

Terms of Use Revisions

Swan Logistics may at any time revise these Terms of Use by updating this document. By using this Site after we post revisions, you agree to be bound by any such revisions. Therefore, we suggest that you periodically visit these Terms of Use to determine they have been revised.