Terms of Use

Acceptance
of the Terms of Use

 

These terms of use are entered into by and
between you and Yellow Diamond Logistics (“YDL,” “Company,”
“we,” or “us“). The following terms and
conditions (“Terms of Use“)
govern your access to and use of https://ydlogistics.com/,
including any content, functionality, and services offered on or through https://ydlogistics.com/
(the “Website“), whether
as a guest or a registered user.

Please read the Terms of Use carefully
before you start to use the Website. By
using the Website, you accept and agree to be bound and abide by these Terms of
Use and our Privacy Policy, found at https://ydlogistics.com/privacy-policy/.
If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the Website.

This Website is offered and available to
users who are 18 years of age or older and reside in the United States or any
of its territories or possessions. By using this Website, you represent and
warrant that you meet all of the foregoing eligibility requirements. If you do
not meet all of these requirements, you must not access or use the Website.

Changes
to the Terms of Use

We may revise and update these Terms of Use
from time to time in our sole discretion. All changes are effective immediately
when we post them. Your continued use of the Website following the posting of
revised Terms of Use means that you accept and agree to the changes. You are
expected to check this page from time to time so you are aware of any changes,
as they are binding on you.

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, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time
to time, we may restrict user access, including registered user access, to some
parts of the Website or the entire Website.

You are responsible for both:

·        
Making all arrangements
necessary for you to have access to the Website.

·        
Ensuring that all persons who
access the Website through your internet connection are aware of these Terms of
Use and comply with them.

To access the Website or some of the
resources it offers, you may be asked to provide certain registration details
or other information. It is a condition of your use of the Website 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, is governed by our Privacy
Policy https://ydlogistics.com/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
username, password, or any other piece of information as part of our security
procedures, 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 using your username, password, or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your username or password or any other breach
of security. You also agree to ensure that you exit from your account at the
end of each session. 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 username,
password, or other identifier, whether chosen by you or provided by us, at any
time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual
Property Rights

The Website and its entire contents,
features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection,
and arrangement thereof) are owned by the Company, its licensors, or other
providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws.

These Terms of Use permit you to use the
Website for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our
Website, except as follows:

·        
Your computer may temporarily
store copies of such materials in RAM incidental to your accessing and viewing
those materials.

·        
You may store files that are
automatically cached by your Web browser for display enhancement purposes.

·        
You may print or download one
copy of a reasonable number of pages of the Website for your own personal,
non-commercial use and not for further reproduction, publication, or
distribution.

·        
If we provide desktop, mobile,
or other applications for download, you may download a single copy to your
computer or mobile device solely for your own personal, non-commercial use,
provided you agree to be bound by our end user license agreement and the
privacy policy for such applications.

You must not:

·        
Modify copies of any materials
from this site.

·        
Delete or alter any copyright,
trademark, or other proprietary rights notices from copies of materials from
this site.

You must not access or use for any
commercial purposes any part of the Website or any services or materials
available through the Website.

If you print, copy, modify, download, or
otherwise use or provide any other person with access to any part of the
Website in breach of the Terms of Use, your right to use the Website will stop
immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title, or interest in or to the Website or
any content on the Website is transferred to you, and all rights not expressly
granted are reserved by the Company. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms “Yellow Diamond
Logistics” and “Yellow Diamond Consulting”, the Company logo, and all related
names, logos, product and service names, designs, and slogans are trademarks of
the Company or its affiliates or licensors. You must not use such marks without
the prior written permission of the Company. All other names, logos, product
and service names, designs, and slogans on this Website are the trademarks of
their respective owners.

Prohibited
Uses

You may use the Website only for lawful
purposes and in accordance with these Terms of Use. You agree not to use the
Website:

·        
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 transmit, or procure the
sending of, any advertising or promotional material including any “junk
mail,” “chain letter,” “spam,” or any other similar
solicitation.

·        
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 associated
with any of the foregoing).

·        
To engage in any other conduct
that restricts or inhibits anyone’s use or enjoyment of the Website, or which,
as determined by us, may harm the Company or users of the Website, or expose
them to liability.

Additionally, you agree not to:

·        
Use the Website in any manner
that could disable, overburden, damage, or impair the site or interfere with
any other party’s use of the Website, including their ability to engage in real
time activities through the Website.

·        
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 purpose
not expressly authorized in these Terms of Use, without our prior written
consent.

·        
Use any device, software, or
routine that interferes with the proper working of the Website.

·        
Introduce any viruses, Trojan
horses, worms, logic bombs, or other material that is malicious or
technologically harmful.

·        
Attempt to gain unauthorized
access to, interfere with, damage, or disrupt any parts of the Website, 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.

SMS
Messaging Terms

By
using our services and opting in to SMS communication, you agree to receive SMS
messages related to your shipments from us or any of our communications partner(s),
on the phone number you have provided.

·        
Consent: You affirm that you are the owner or
authorized user of the phone number provided and that you have given valid
consent to receive communications via SMS.

·        
Message Types: Messages may include, but are not limited
to, notifications,
confirmations, pickup and delivery updates, changes in shipment
status, and reminders.
Messaging frequency may vary depending on shipment activity and your
engagement with our services

·        
Charges: Standard message and data rates may apply.
You are solely responsible for any fees imposed by your mobile carrier in
connection with messages sent to or received from us.

·        
Opting Out: To stop receiving SMS messages, you may text STOP in reply to any message. If you require
assistance, text HELP.

·        
Availability: SMS message delivery may be subject to
delays or limitations depending on your carrier and location, including
international delivery restrictions.

We
reserve the right to update these SMS messaging terms at any time. Continued
use of the service following any updates constitutes acceptance of the modified
terms.

Terms of service for SMS 

The Terms of Service related to SMS communication must either be included in the privacy policy or be a stand-alone document. The document must include the following: 
SMS Terms & Conditions 
SMS Consent Communication: 
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. 
Types of SMS Communications:** 
If you have consented to receive text messages from Yellow Diamond Logistics, you may receive messages related to the following (provide specific examples): 

• Appointment reminders 
• Follow-up messages 
• Billing inquiries 

 
Example: “Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time.” 
Message Frequency: 
Message frequency may vary depending on the type of communication. For example, you may receive up to 30 SMS messages per week related to your [appointments/billing, etc.]. 
Example: 
“Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status.” 
Potential Fees for SMS Messaging: 
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally. 
Opt-In Method: 
You may opt-in to receive SMS messages from Yellow Diamond Logistics in the following ways: 

• Verbally, during a conversation 
• By submitting an online form 
• By filling out a paper form 

Opt-Out Method: 
You can opt-out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list. 
  
Help: 
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at https://ydlogistics.com/.
  
Additional Options: 

• If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms. 

Standard Messaging Disclosures: 

• Message and data rates may apply. 
• You can opt out at any time by texting “STOP.” 
• For assistance, text “HELP” or visit our https://ydlogistics.com/privacy-policy/ and https://ydlogistics.com/terms-of-use/ pages. 
• Message frequency may vary. 

Information
Submitted

Any communication or material submitted to
this Website, including by electronic mail and/or website submission, is the
exclusive property YDL and is considered to be non-confidential and
nonproprietary. Such communication may include without limitation questions,
comments, suggestions, and ideas. YDL shall be free to use them for any purpose
whatsoever without restriction or further compensation. This means that you
disclaim any proprietary rights in such submissions, and you acknowledge YDL’s
unrestricted right to use them (or materials or ideas similar to them) in any
medium, now and in the future, without notice, compensation or other obligation
to you or any other person. It also means YDL has no obligation to keep your
submissions confidential.

Although YDL is under no obligation to
review or monitor information you submit, YDL reserves the right to do so in
its sole discretion. In addition, YDL reserves the right to alter, edit, create
derivative works, refuse to post or remove any information you submit, in whole
or in part, for any reason or for no reason. You agree that YDL does not have
any obligation to use or respond to any submission.

You are responsible for all of your
submissions. You may not submit any material misrepresenting yourself as
someone else, or by using a false e-mail address. Do not submit any material or
links to material that is libelous, defamatory, false, obscene, violent,
abusive, threatening, harassing, prejudicial, or is otherwise in violation of
the law or the terms of this Agreement.

Monitoring
and Enforcement; Termination

We have the right to:

·        
Take any action with respect to
any information submitted by you that we deem necessary or appropriate in our
sole discretion, including if we believe that such information violates the
Terms of Use, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Website or the
public, or could create liability for the Company.

·        
Take appropriate legal action,
including without limitation, referral to law enforcement, for any illegal or
unauthorized use of the Website.

·        
Terminate or suspend your
access to all or part of the Website for any violation of these Terms of Use.

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

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.

Reliance
on Information Posted

The information presented on or through the
Website 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 may include content provided
by third parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting services. 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.

Changes
to the Website

We may update the content on this Website
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.

Information
About You and Your Visits to the Website

All information we collect on this Website
is subject to our Privacy Policy https://ydlogistics.com/privacy-policy/. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.

Linking
to the Website

You may link to our homepage, 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 consent.

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

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

Links
from the Website

If the Website contains links to other
sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. 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 this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.

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 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
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. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation
on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, 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, ANY WEBSITES LINKED TO IT, ANY CONTENT
ON THE WEBSITE 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 limitation of liability set out above
does not apply to liability resulting from our gross negligence or willful
misconduct.

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

Indemnification

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 from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys’ fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not
limited to, your contact form submissions, any use of the Website’s content,
services, and products other than as expressly authorized in these Terms of
Use, or your use of any information obtained from the Website.

Governing
Law and Jurisdiction

All matters relating to the Website and
these Terms of Use, 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 internal laws of the State of Minnesota
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action, or proceeding
arising out of, or related to, these Terms of Use or the Website shall be
instituted exclusively in the federal courts of the United States or the courts
of the State of Minnesota, in each case located in the City of Minneapolis and
County of Hennepin. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.

Waiver
and Severability

No waiver by the Company of any term or
condition set out in these Terms of Use 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 Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 Use will continue in full force and effect.

Entire
Agreement

The Terms of Use and our Privacy Policy
constitute the sole and entire agreement between you and us regarding the
Website and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Website.

Your
Comments and Concerns

This website is operated by Yellow Diamond
Logistics, 2980 Commers Dr #100 Eagan, MN 55121.

All notices of copyright infringement
claims and all other feedback, comments, requests for technical support, and
other communications relating to the Website should be directed to: contact@YDLogistics.com. While
we aim to respond to all inquiries as quickly as possible, the timing of our
response may vary depending on the nature and complexity of your inquiry. We
will notify you if additional time is required to resolve or address your
concerns.