Terms and Conditions

You are granted a non-exclusive, non-transferable, revocable license to access and use the PGS360 Website strictly in accordance with these Terms. As a condition of your use of the PGS360 Website, you warrant to PGS360 that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the PGS360 Website in any manner which could damage, disable, overburden or impair the site or interfere with any other party's use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found on the PGS360 Website. Your use of the PGS360 Website does not entitle you to make any unauthorized use of any protected content and you will make no other use of the content without the express written permission of PGS360 and the copyright owner. PGS360 does not grant you any license, express or implied, to the intellectual property of PGS360 or its licensors. The images, products, technology or processes described in this site may be subject to other intellectual property rights and no license is granted with respect to those rights.

The PGS360 Website may contain message or communication facilities (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are lawful, proper and related to the particular Communication Service.

PGS360 has no obligation to monitor the Communication Services; however, it reserves the right to review materials posted or sent to a Communication Service and to remove any materials in its sole discretion. PGS360 reserves the right to terminate your access to any or all of the Communication Services at any time without notice.

PGS360 reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PGS360's sole discretion.

All disputes, claims or controversies arising from or related to the Terms, including but not limited to any dispute regarding the validity of this arbitration clause or the Terms, will be resolved by binding arbitration administered by the American Arbitration Association under its then-current commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The seat of arbitration will be Los Angeles, California. The arbitration will be heard by a single arbitrator. The arbitrator must be a practicing attorney in good standing with no actual or potential conflicts of interest. To the extent practicable, the arbitrator must have business or legal experience relating to logistics and warehousing. The arbitrator must be independent of all parties, witnesses and legal counsel. If a Party has not appointed an arbitrator within thirty (30) days of having requested or received notice of the arbitration, such arbitrator shall be appointed by the American Arbitration Association. All arbitration proceedings will be conducted in the English language.

Class Action Waiver. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

PGS360 MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PGS360 WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PGS360 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PGS360 BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PGS360 WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PGS360 WEBSITE OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PGS360 WEBSITE.