Privacy Policy

Privacy Policy

BlueX Trade Terms of Service

 

BlueX Trade
Terms of Service
Last Modified: May 27, 2019

 

1.     Acceptance of the Terms of Use

Welcome to the website of BlueX Trade Inc., a Delaware company doing business as “BlueX Trade” (“Company”, “we”, “BlueX” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”) govern your access to and use of https://www.bluextrade.com (the “Website”) including any content, functionality and services offered on or through our Website (the “Services”), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By using the Website or the Services, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or the Services.

This Website and the Services are offered and available to users who are 18 years of age or older and of the legal age to form a binding contract in the jurisdiction where the user resides. By using this Website and the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.

 

2.     Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter.

Your continued use of the Website and the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

3.     Roles and Responsibilities

The Website and Services provide a neutral forum for communication between shippers associations, non-vessel operating common carriers (“Carriers”), their members, beneficial cargo owners, non-vessel owning common carriers, and freight forwarders (together, “Shippers”) and financing, insurance, warehousing, and trucking services as well as third party booking agents (together, “Trade Servicers”). You acknowledge and agree that BlueX, including its subsidiaries and affiliates, is solely providing the Website and performing the Services as a facilitator to your transactions, and it is not and will not at any time perform or offer to perform any duties as Carrier, Shipper, Trade Servicer or any transportation services including those typically provided by freight forwarders, brokers, ocean transportation intermediaries, indirect air carriers, couriers, customs brokers, export agents, or any other transportation servicing entities. BlueX is an independent contractor of Carrier, Shipper and Trade Servicer parties to each transaction, and is in no event an agent or employee of, or sponsored or endorsed by, either party. BlueX does not screen Carriers, Shippers or Trade Servicers, or verify the accuracy of any information submitted by any, and bears no responsibility or liability to Carriers, Shippers or Trade Servicers arising out of or related to their engagement of one another.

Shippers who use the Website and Services present freight and specific transportation needs in order to obtain quotes from Carriers and Trade Servicers who arrange for those transportation services. If you are a Shipper, you represent and warrant that you have: (1) submitted true, accurate, and correct information regarding yourself, your freight, and the circumstances of your shipment, (2) sufficient right, title, and interest in and to the freight allowing you to tender it for transportation, and (3) not and will not violate any applicable law or regulation of any governmental authority with jurisdiction over you, your freight, or the transportation services you are requesting. You acknowledge and agree that your selection of a carrier or transportation service is based upon your independent judgment and determination, and that you solely bear the risk of such choice.

Carriers and Trade Servicers who use the Website and Services present Shippers with quotes to meet their specific transportation needs for the freight presented. If you are a Carrier or Trade Servicer, you represent and warrant that you have: (1) submitted a reasonable quote inclusive of all rates, charges, and fees required to complete the requested transportation services, (2) submitted true, accurate, and correct information regarding yourself, your business, and your underlying carriers, (3) all required licenses, permits, authorities, insurance, and bonding, necessary to provide your services and you will maintain each at all times during the performance of your services, (4) verified that your underlying carriers or other transportation service providers have all required licenses, permits, authorities, insurance, and bonding, necessary to provide their services and will ensure that they maintain each at all times during performance of their services, and (5) not and will not violate any applicable law or regulation of any governmental authority with jurisdiction over you, your company, or the transportation services you are providing. You acknowledge and agree that your offer to service a Shipper is based upon your independent judgment and determination, and that you solely bear the risk of such choice.

 

4.     Payment Obligations

If you are a Carrier or Trade Servicer, BlueX may charge you certain fees based upon the total fees to your Shippers. BlueX also retains the right to charge Shippers direct fees. Shippers are responsible to your Carrier and Trade Servicer for the entirety of any rates, charges, and fees accrued for each shipment and all services rendered by the Carrier and Trade Servicer, as may be determined by the rules tariff or other terms and conditions of those transportation service providers. You acknowledge that the actual charges you owe to transportation service providers may exceed the amount stated in your quote due to the accuracy of the information you provided and the actual services required in order to complete the transportation of your freight.

As a Shipper, you authorize BlueX to facilitate your transaction by collecting from you in advance any and all charges required by your Carrier and Trade Servicer remitting the same to your Carrier and Trade Servicer upon submission of proof of delivery. You agree that BlueX’s collection of its fees, offering of its Website and Services, and receipt and remittance of your funds does not change its role in any transaction or otherwise render it a transportation services provider or other party responsible for transporting your freight or paying your claims. You acknowledge that your failure to pay Carrier, Trade Servicer or BlueX fees, or to permit the advance of funds, or the unavailability of your funds, may delay your transportation services and result in additional charges or interest. Your authorization under this paragraph does not in any way relieve you of your responsibility to the Carrier and Trade Servicer and their underlying service providers for charges owed as a result of services rendered. BlueX’s remittance to your Carrier and Trade Servicer is final and will not be reversed by BlueX under any circumstance. The existence of an actual or alleged freight claim does not relieve you of your responsibility to pay the Carrier or any underlying carrier for services performed.

If you are a Carrier or Trade Servicer, BlueX charges you a fee for the Service upon the booking of the transaction. BlueX’s fee applies on a transactional basis according to the rates agreed between you and BlueX when you established your account, which are subject to change by BlueX upon advance notice. You acknowledge and agree that your continued use of the Website and Services following notice of any rate change constitutes your acceptance of and obligation to pay those charges.

As a Carrier or Trade Servicer, you authorize BlueX to collect on your behalf from your Shipper the amount of any accepted quote and to remit the same to you upon your submission of proof of delivery. You agree that BlueX’s collection and remittance of your Carrier’s funds does not change its role in any transaction or otherwise render it a carrier or other party responsible for freight charges. Your authorization under this paragraph does not in any way relieve you of your responsibility to the Shipper for performance of your services.

 

5.     Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, including but not limited to the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, and/or the Services, to users, including registered users. You are responsible for:

  • Making all arrangements necessary for you to have access to the Website and the Services.
  • Ensuring that all persons who access the Website and use the Services through your internet connection are aware of these Terms of Service and comply with them.

To access the Website and use certain features of the Services, you may be asked to provide certain registration details or other information so that you can register for an account (such registered users, “Users”). Additionally, those Users who are companies that seek to be listed on the Website and be available for review and discovery by other Users may be required to verify their registration details by answering a telephone call to their submitted phone number. It is a condition of your use of the Website and the Services that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website such as the Services, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy .

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures or in connection with your use of the Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it, as well as the Services, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

 

6.     Content

Users are able to submit text, other forms of data or communications related to the Services (“User Content”). In particular, Carriers will be able to post shipping rates as User Content. Shippers will be able to post and store customer contact information, orders, Bills of Lading, and related information. All other content provided on the Website and through the Services that is not User Content is considered “BlueX Content”. Users are solely responsible for their User Content and acknowledge that once User Content is submitted to the Website via the Services, BlueX may not be required to delete such User Content. You agree that you are solely responsible for your User Content, including but not limited to any damage, loss, or other liability created by such User Content, and agree that you have the necessary authorizations, permissions, and ability to use and submit your User Content as described herein. BlueX disclaims any responsibility for any and all User Content submitted to and available on the Website via the Services. All User Content must comply with the Content Standards set out in these Terms of Service. You hereby grant BlueX a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable and transferable right to use your User Content in any manner that we determine, including but not limited to publication, alteration, creation of derivative works from, distribution, promotion, translation, commercialization, and any other potential use that we may pursue or that is hereinafter discovered. You further grant all other guests and Users of the Website and the Services the right to access and view your User Content on the Website in connection with their use of the Services to the extent necessary to enter into and complete transactions with other Users.

 

7.     Ownership of User Content and BlueX Content

You hereby agree that you own your User Content, subject to the right of BlueX to use your User Content as described above. BlueX owns all right and title in and to the BlueX Content. BlueX also owns all intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the BlueX Content. You are hereby prohibited from modifying, reproducing, distributing, creating derivative works of, displaying, or otherwise using the BlueX Content in any way except as expressly permitted under these Terms and Conditions.

 

8.     User Content and BlueX’s Opinions

You hereby agree that User Content does not necessarily reflect the opinions of BlueX or its employees and subsidiaries. While BlueX may delete, edit, flag, or otherwise control the User Content displayed on the Website in connection with the Services, BlueX does not guarantee that such User Content is accurate, reliable, authorized, or otherwise a represent of the opinions of BlueX or its employees and subsidiaries.

 

9.     Prohibited Uses

You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website and the Services, or to assist, encourage, or enable others to use the Website and the Services:

  • In any way that violates 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);
  • 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;
  • To write fake or defamatory reviews, trade reviews with other businesses, compensate someone or receive compensation from someone to write or remove a review, or otherwise act in a manner that, in our sole opinion, degrades the value of the Website and/or the Services to our Users and our visitors;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To violate any third party’s rights, including but not limited to intellectual and other proprietary rights;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and the Services, or which, as determined by us, may harm the Company, guests or Users of the Website and the Services, or expose them to liability.

Additionally, you agree not to:

  • Violate these Terms of Service;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website, the Services, or the BlueX Content (excluding your User Content);
  • Use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Services, including their ability to engage in real time activities through the Website and the Services;
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Attempt to collect or harvest any personally identifiable information, including account names, from the Website and the Services;
  • Use any device, software or routine that interferes with the proper working of the Website and the Services;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Website, our Services, or our Users and visitors;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Services, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Website and the Services; or
  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website and the Services, features that prevent or restrict the use or copying of BlueX Content, or features that enforce limitations on the use of the Website and the Services.

 

10.  Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users and visitors of the Website and the Services or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and the Services.
  • Terminate or suspend your access to all or part of the Website or the Services for any or no reason, including without limitation, any violation of these Terms of Service or the Content Standards.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, AS APPLICABLE, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review or verify the accuracy of any or all material, including User Content, before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

11.  Content Standards

These “Content Standards” apply to any and all User Content and use of the Services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

12.  DMCA Notice

If you believe that your copyright-protected work was posted on our Website without authorization, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us (at support@BlueXtrade.com) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 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 the copyright owner’s behalf.

Our designated copyright agent to receive DMCA Notices is:

Judy Chen
11F-1 132 Nanjing E. Road Section 2, Zhongshan District, Taipei, Taiwan.
+886-2-2500-7833 ext#17
Judy.Chen@BlueXtrade.com

13.  Reliance on Information Posted

The information presented on or through the Website and the Services, including User Content, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website and Services includes content provided by third parties, including materials provided by other Users, freight forwarders, shipping associations, and Trade Service providers including financing, insurance, warehousing, and trucking services as well as third party booking agents.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

14.  Changes to the Website

We may update the content on this Website and the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

15.  Information About You and Your Visits to the Website

All information we collect on this Website from all visitors and in connection with the Services from our Users is subject to our Privacy Policy . By using the Website and the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

16.  Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the Website or portions of it, including portions available in connection with the Services, to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Website other than the homepage;
  • Otherwise take any action with respect to the materials on this Website or available through the Services that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice in our discretion.

 

17.  Links from the Website

If the Website contains or the Services provide links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to on this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

18.  Loss and Damage to Freight

You acknowledge and agree that BlueX is not a shipper, carrier, forwarder, or other transportation services provider, and is, therefore, not liable to you or any other person for any loss, damage, injury, delay, mis-delivery, or non-delivery of freight, or for the accuracy of quotes or payment of any freight charges or any other cost or expense (each, a “Loss”).  In addition to the indemnifications provided pursuant to Section 21, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “BlueX Entities”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (“Claims”) arising out of or related to any Loss.

 

19.  Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or in connection with your use of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR AVAILABLE VIA THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE SERVICES, THE WEBSITE’S CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE SERVICES, THE WEBSITE’S CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICES, THE WEBSITE’S CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY 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 PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

20.  Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

21.  Indemnification

You agree to defend, indemnify and hold harmless the BlueX Entities from and against any Claims arising out of or relating to (1) your violation of these Terms of Service or your use of the Website and the Services, including, but not limited to, your User Content, any use of the Website’s content, Services, and products, other than as expressly authorized in these Terms of Service; (2) your submission to or use of any information obtained from the Website or the Services; (3) the infringement by, you or any third party using your account, of any intellectual property or other right of any person or entity; (4) your violation of any law or regulation; or (5) any amounts you owe to third parties as a result of your using Website and the Services. Your indemnification obligations will survive your ceasing use of the Website and the Services, or the termination or expiration of these Terms.

BlueX reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree to not settle any such matter without the prior written consent of BlueX. BlueX will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

22.  Legal Compliance

You agree to comply with all applicable laws, rules and regulations including but not limited to customs laws, import and export laws, and governmental regulation of any country to, from, through, or over which the shipment may be carried. In particular, you represent and warrant that your use of the Website and Services will comply with the United States Export Administration Regulations and any other United States export laws. You may not use the Website or Services to ship freight: (1) into (or to a national or resident of) any U.S. embargoed country, (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders, or (3) under any circumstance requiring a license or permit which you do not hold. You are prohibited from using the Website or Services if you are located in, under control of, or a national or resident of any country to which export is prohibited or on any list maintained by the U.S. government prohibiting delivery of the Website and Services to you. You further warrant that, as applicable, you are registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to the transportation of hazardous materials or dangerous goods.

You agree to furnish the information and documentation necessary to lawfully use the Services, tender your goods for transportation, or offer and perform your transportation services. You acknowledge that you have an affirmative non-delegable duty to disclose any and all information required to import, export, or enter goods. You must use reasonable care to ensure the correctness of all such information. You agree to review all documents and declarations prepared and/or filed with any government agency or third parties and will immediately advise the respective agencies or parties of any errors, discrepancies, incorrect statements, or omissions.

Any individual or entity acting on your behalf in scheduling or accepting shipments hereunder warrants that it has the right to act on your behalf and the right to legally bind you.

 

23.  Governing Law and Jurisdiction

All matters relating to the Website, the Services, and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California, USA without giving effect to any choice or conflict of law provision or rule . Any legal suit, action or proceeding arising out of, or related to, the Website, the Services, or these Terms of Service shall be instituted exclusively in any state or federal court located in the State of California, provided that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in the courts of your place of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by each court described above and to venue in any such court.

 

24.  Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

25.  Entire Agreement

The Terms of Service and our Privacy Policy the sole and entire agreement between you and BlueX with respect to the Website and the Services and supercede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Services.

 

26.  Your Comments and Concerns

This website is operated by BlueX Trade Inc., doing business as BlueX Trade, located at 11F-1 132 Nanjing E. Road Section 2, Zhongshan District, Taipei, Taiwan.  All notices of copyright infringement claims should be sent us in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Website and the Services should be directed to: support@BlueXtrade.com