Terms & Conditions of Use

Terms and Conditions of Use

Distribution Management Corp. Inc., dba DMC Logistics LLC

Terms of Acceptance. When you access dmc-logistics.com (the “Website”), you acknowledge that you have read and agree to abide by the Terms of Use described below. When your access company social media channels associated with this website, such as Facebook and LindedIn, you acknowledge that you have read and agree to abide by the Terms of Use described below. If you do not agree to these terms, please exit this site at once, as you are not authorized to access this site or participate in DMC Logistics social media. By accessing or using the Website or company administered social media you and/or the entity you are authorized to represent signify your agreement to be bound by the Terms of Use. In addition, when utilizing particular Website applications (i.e. password protected sites), you may be asked to agree, or if you are acting on behalf of an entity, the entity may be asked to agree, on your behalf, to the additional specific Terms of Use.

User Eligibility. The Website is provided by Distribution Management Corp. Inc., hereby known as “DMC Logistics”, and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law.

Scope of Terms of Use. DMC Logistics provides the Website and social media to disseminate information concerning DMC Logistics’ services, products, job postings, and various information and communications and for use by current customers as well as potential customers and certain other parties listed in the Website and social media only. These Terms of Use govern the use of the Website and all applications, software, and services (all of the foregoing, collectively, ‘Services”) available on the Website and company administered social media, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

Website Updates and Modifications. The content of the Website may be updated and/or revised at anytime without notice. Your continued usage of the Website after any changes to these Terms of Use will mean your acceptance of those changes. DMC Logistics may also change services as provided through the Website at any time in its sole discretion.

Restrictions on Use of the Website and company administered social media. In addition to other restrictions set forth in these Terms of Use, you agree that:

i. You shall not disguise the origin of information transmitted through the Website and company administered social media.

ii. You will not place false or misleading information on the Website and company administered social media.

iii. You will not input or upload to the Website and company administered social media any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.

iv. You will not use or access any service, information, application or software available via the Website and company administered social media in a manner not expressly permitted by DMC Logistics.

v. You may not use or access the Website and company administered social media or Services in any way that, in DMC Logistics’ judgment, adversely affects the performance or function of the Website and company administered social media, the Services or interferes with the ability of authorized parties to access the Website or Services.

vi. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content (as defined below) or the Information, without the express written consent of DMC Logistics.

vii. Certain areas of the Website and company administered social media are restricted to customers of DMC Logistics, and are password protected. You are not allowed access to areas of the Website and company administered social media that require passwords if you or the entity you represent do not have an authorized password; subsequently, if you are voluntarily or involuntarily discharged from the entity you were formerly authorized to represent, or DMC Logistics, you must immediately cease access of all restricted areas of the Website and company administered social media and password use.

Ownership. Any and all intellectual property rights (“Intellectual Property”) associated with the Website and company administered social media and its content (the “Content”) are the sole property of DMC Logistics, its subsidiaries, its affiliates or third parties. All custom graphics, icons, photography, slogans, service descriptions, and promotional materials and other items that appear on the Website and company administered social media are trademark protected; trademarks, service marks or trade dress (“Marks”) of DMC Logistics, its subsidiaries, its affiliates or as other entities that have granted DMC Logistics the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of DMC Logistics. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without DMC Logistics’ or the appropriate third party’s prior written permission.

Termination. You agree that DMC Logistics, in its sole discretion, may terminate or suspend your use of the Website and company administered social media, the Information, the Services and the Content at any time and for any or no reason, even if access and use continues to be allowed to others. You agree that DMC Logistics shall not be liable to you or any third party for any termination or suspension of your access to the Website and company administered social media, the Information and/or the Services.

Disclaimer of Warranties. DMC Logistics MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE AND COMPANY ADMINISTERED SOCIAL MEDIA, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE, AND COMPANY ADMINISTERED SOCIAL MEDIA, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. DMC LOGISTICS, ITS SUBSIDIARIES AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY STATE AND FEDERAL LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. DMC LOGISTICS, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY DMC LOGISTICS IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT DMC LOGISTICS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES RELATED TO USE OF THE WEBSITE, DMC LOGISTICS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DMC LOGISTICS, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE AND COMPANY ADMINISTERED SOCIAL MEDIA, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE INFORMATION, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DMC LOGISTICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Governing Law and Jurisdiction. These Terms of Use shall be interpreted in accordance with the laws of the State of New Mexico and applicable Federal Law, and any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts within or of the State of New Mexico, without giving effect to the principles of conflicts of Law. You expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the website and company administered social media, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.

General. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use 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 separate license, service agreement or other written agreement between you and DMC Logistics, these Terms of Use constitute the entire agreement between you and DMC Logistics with respect to the use of the Website and company administered social media, any software or Service, Information and Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

Customer Service. Questions or comments regarding the Website and company administered social media may be submitted to DMC Logistics Risk Management.

4911 Chappell Dr. NE, Albuquerque, New Mexico 87107 (505) 344-9898