TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR OUR SERVICES.


By using our pallet delivery services, our website, and websites we have created, you agree and consent to follow our Terms of Use and Service. If you do not agree to all of these Terms and Conditions of Use and Service, you should not order or use our pallet delivery services or website! As a client or visitor, you are required to agree with these terms in order to use our products and services. Pallet Delivery Malvern may change and update these Terms and Conditions at any time. Your continued usage of the Pallet Delivery Malvern websites and other services – referred here to as Websites – will mean you accept those changes. Definition of Client: A client is any person or business entity that has placed an order for any of Pallet Delivery Malvern's pallet delivery services. A visitor is any person or business that is viewing any website that is designed and created by the company.


1- Pallet Delivery Information Disclaimer


Pallet Delivery Malvern Websites do not provide specific shipping advice for every logistics situation. The contents of Pallet Delivery Malvern websites such as text, graphics, images, videos, information obtained from Pallet Delivery Malvern licensors and other material contained on Pallet Delivery Malvern websites ("Content") are for informational purposes only regarding pallet delivery services, heavy haulage, abnormal load transport, and contract lift services. The Content is not intended to be a substitute for professional logistics consultation, shipping analysis, or freight planning. Visitors and users must always seek the advice of a qualified logistics professional with any questions you may have regarding specific shipping requirements. Never disregard professional logistics advice or delay in seeking it because of something you have read on the Websites! If a user or visitor thinks they may have a shipping emergency or urgent freight needs, they must contact our customer service immediately.


Pallet Delivery Malvern websites do not recommend or endorse any specific shipping methods, freight carriers, products, procedures, opinions, or other information that may be mentioned on the Websites beyond our own services. Reliance on any information provided by Pallet Delivery Malvern employees, links on the site, or others appearing on the Websites at the invitation of Pallet Delivery Malvern, or other visitors to Pallet Delivery Malvern Websites is solely at your own risk. Furthermore, information added to Pallet Delivery Malvern websites by its clients are added at the sole discretion of the clients and are the full responsibility of the said client. Pallet Delivery Malvern does not accept any liability or responsibility for said content.


2- Children's Privacy


We are committed to protecting the privacy of children. You should be aware that Pallet Delivery Malvern websites are not intended or designed to attract children under the age of 13.


3- Use of Content


Pallet Delivery Malvern authorizes you to use and view a single copy of the material on the Pallet Delivery Malvern websites solely for your use. Content and/or images on the websites designed by Pallet Delivery Malvern are protected by copyright laws. Any special rules for the use of certain software and other items accessible on the Pallet Delivery Malvern websites are incorporated into these Terms and Conditions and our other legal notices. The fees charged to clients for pallet delivery services do not provide any right of ownership to content, design elements and/or images and other material throughout the Websites unless permitted by written consent from Pallet Delivery Malvern. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Pallet Delivery Malvern or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Pallet Delivery Malvern websites. Domain names registered by Pallet Delivery Malvern for its clients are the legal property of Pallet Delivery

Malvern and are leased temporarily to clients. All rights not expressly granted herein are reserved to Pallet Delivery Malvern and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.


4- Liability of Pallet Delivery Malvern and Its Licensors


The use of the Pallet Delivery Malvern Websites, and the Content is at your own risk. When using the Pallet Delivery Malvern Websites, information will be transmitted over a medium that may be beyond the control and jurisdiction of Pallet Delivery Malvern. Accordingly, Pallet Delivery Malvern assumes no liability for or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Pallet Delivery Malvern Websites. The Pallet Delivery Malvern Websites and the content are provided on an "as is" basis. Pallet Delivery Malvern, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Pallet Delivery Malvern, its licensors, and its suppliers make no representations or warranties about the following:


A. The accuracy, reliability, completeness, currentness, or timeliness of shipping quotes, delivery timeframes, freight rates, or communications provided on or through the use of the Pallet Delivery Malvern Websites.


B. The satisfaction of any government regulations requiring disclosure of information on freight services or the approval or compliance of any software tools with regard to the Content contained on Pallet Delivery Malvern websites. In no event shall


Pallet Delivery Malvern, its licensors, its suppliers, or any third parties mentioned on Pallet Delivery Malvern websites be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Pallet Delivery

Malvern websites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Pallet Delivery Malvern is advised of the possibility of such damages. Pallet Delivery Malvern is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.


5- User Submissions


You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or

violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Pallet Delivery Malvern by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, shipping requirements, logistics concepts or freight plans to Pallet Delivery Malvern by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, shipping requirements, logistics concepts or freight plans to Pallet Delivery Malvern by email, you automatically grant–or warrant–that the owner of such content or intellectual property has expressly granted Pallet Delivery Malvern a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Pallet Delivery Malvern may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, shipping requirements, logistics concepts or freight plans private or proprietary, do not submit them to the Public Areas or to Pallet Delivery Malvern by email. We try to answer every email in a timely manner but are not always able to do so.


6- Right to Refuse Service/Cancellation Policy


Pallet Delivery Malvern reserves the right to refuse to provide pallet delivery services to any of its clients at its sole discretion. Since the pallet delivery programs are typically contract-based, a client whose service is being terminated will receive appropriate notice via email as specified in their service agreement. It is the responsibility of the client to find and secure new pallet delivery service providers. A client has the right of canceling their service agreement with appropriate written notice as specified in their contract unless a separate agreement has been signed by the client. All fees are due before the receipt of such notice by mail/fax confirmed by Pallet Delivery Malvern. In both cases of service termination and cancellations, the client understands that Pallet Delivery Malvern has full ownership and copyright to all material on its websites. Material that has been added by clients such as shipping documentation and freight information can be transferred to a new company at the client's discretion. No material of original design content, images including domain names is permitted to be transferred unless with written permission from Pallet Delivery Malvern.


7- Passwords and Account Access


Pallet Delivery Malvern has several online tools that allow you to track shipments and access account information related to our FORS Bronze certified services, hydraulic lifting systems, and strand jack operations. These areas are structured to allow access only to authorized users with valid passwords. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to Pallet Delivery Malvern passwords or accounts.


It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of the Pallet Delivery Malvern account and password; (3) promptly inform Pallet Delivery Malvern of any need to deactivate a password. You grant Pallet Delivery Malvern and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Pallet Delivery Malvern cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Pallet Delivery Malvern tools and services.


8- Public Areas Usage Guidelines


If you use a Public Area, such as a review section, forum, or community area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Pallet Delivery Malvern is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Pallet Delivery Malvern in its sole discretion; Posting advertisements or solicitations of business; After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed; Posting chain letters or pyramid schemes; Impersonating another person;

Distributing viruses or other harmful computer code; Harvesting or otherwise collecting information about others, including email addresses, without their consent; Allowing any other person or entity to use your identification for posting or viewing comments; Posting the same note more than once or "spamming"; or Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site.


9- Advertisements, Searches, and Links to Other Sites


Pallet Delivery Malvern may provide links to third-party logistics, freight, and shipping websites. Pallet Delivery Malvern also may select certain sites as priority responses to search terms you enter and Pallet Delivery Malvern may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Pallet Delivery Malvern does not recommend and does not endorse the content on any third-party websites. Pallet Delivery Malvern is not responsible for the content of linked third-party sites, sites framed within the Pallet Delivery Malvern websites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Pallet Delivery Malvern does not endorse any product advertised on the site.


10- Client Submitted Shipping Documentation


One service of Pallet Delivery Malvern is managing shipping documentation and freight information on clients' behalf, including for specialized services such as abnormal load transport, general haulage, and contract lift services. It is the responsibility of the client and/or its employees to make sure that all shipping documentation, freight descriptions, and related material submitted is accurate and/or the client does have permission to ship such items. It is also the responsibility of the client to ensure all shipments comply with all local, state and federal laws (for example DOT regulations, hazmat requirements). Pallet Delivery Malvern does not accept responsibility for reviewing such material for compliance issues. If Pallet Delivery Malvern is informed by any third-party of compliance violations and/or questionable shipping documentation, Pallet Delivery Malvern reserves the right to halt shipments in question. It is the responsibility of the client to resolve such complaints, objections and/or any legal action brought resulting from the shipment of such materials.


11- Indemnity


You agree to defend, indemnify, and hold Pallet Delivery Malvern, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any damages to freight during shipment due to improper packaging or undisclosed hazardous materials.


12- General


Pallet Delivery Malvern makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Pallet Delivery Malvern websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.


13- Jurisdiction


You expressly agree that exclusive jurisdiction for any dispute with Pallet Delivery Malvern, or in any way relating to your use of the Pallet Delivery Malvern Websites or services, resides in the courts of Chester County, State of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Chester County in State of Pennsylvania in connection with any such dispute including any claim involving Pallet Delivery Malvern or its affiliates, subsidiaries, employees, contractors, officers, directors, and service providers. These Terms and Conditions are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Complete Agreement


Except as expressly provided in a particular "legal notice" on the Pallet Delivery Malvern Websites, these Terms and Conditions and the Pallet Delivery Malvern legal notices constitute the entire agreement between you and Pallet Delivery Malvern with respect to the use of the Pallet Delivery Malvern Websites, services, and Content. Thank you for your cooperation. We hope you find the Pallet Delivery Malvern websites helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to info@palletdeliverymalvern.com or by calling (484) 555-4390. We try to answer every email in a timely manner but are not always able to do so.