Introduction

The Website is provided by Whisk Logistics, LLC and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law.  If You do not qualify, you are not permitted to use the Website.

Scope and Terms of Use

These terms and conditions govern your use of this Website; by using this Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.

License to Use Website

Unless otherwise stated, Whisk Logistics, LLC and/or its licensors own the intellectual property rights in the Website and material on the Website.

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of Whisk Logistics, LLC, its affiliates or third parties. The content of this Website is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of Whisk Logistics, LLC, its affiliates or other entities that have granted Whisk Logistics, LLC 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 Whisk Logistics, LLC. 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 Whisk Logistics, LLC’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Whisk Logistics, LLC does not grant to you any express or implied rights to Whisk Logistics, LLC’s or any third party’s Intellectual Property.

Whisk Logistics, LLC grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by Whisk Logistics, LLC, and (b) access and use Whisk Logistics, LLC computer and network services offered within the Website (the “Whisk Logistics, LLC Systems”) only in the manner expressly permitted by Whisk Logistics, LLC. Except for this limited license, Whisk Logistics, LLC does not convey any interest in or to Whisk Logistics, LLC Systems, information or data available via Whisk Logistics, LLC Systems (the “Information”), Content, Services, Website or any other Whisk Logistics, LLC property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Whisk Logistics, LLC. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Whisk Logistics, LLC.

Acceptable use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Whisk Logistics, LLC’s express written consent, which may be withheld at Whisk Logistics, LLC sole discretion.

You must not use this Website to transmit or send unsolicited commercial communications.

User Content

Your submission of information through the Website and the Services is governed by these terms of Use.  You represent and warrant that any information you provide through the Website or the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.

With respect to any individual whose personal information is provided by you to Whisk Logistics, LLC through the Website and the Services, you represent to Whisk Logistics, LLC that you have the authority to provide such information and that you have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services you are using.

No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. Whisk Logistics, LLC makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Whisk Logistics, LLC does not warrant that:

  • this Website will be constantly available, or available at all; or
  • the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is intended to constitute, advice of any kind. Information on this Website is for educational purposes only. Whisk Logistics, LLC does not provide veterinary services or guidance via the Internet. Please consult a licensed veterinarian for veterinary care of your pets.

Links

The Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by WHISK LOGISTICS, LLC of the content on such Linked Sites. WHISK LOGISTICS, LLC makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. WHISK LOGISTICS, LLC is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

Submissions

Whisk Logistics, LLC does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”).  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Whisk Logistics, LLC and its affiliates are under no obligation to keep such information confidential, and (c) Whisk Logistics, LLC will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses

Disclaimer of Warranties

WHISK LOGISTICS, LLC MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, WHISK LOGISTICS, LLC SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.
THE WEBSITE, WHISK LOGISTICS, LLC SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  WHISK LOGISTICS, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM 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.  WHISK LOGISTICS, LLC AND ITS AFFILIATES, LICENSORS AND SUPPLIERS 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 OR WHISK LOGISTICS, LLC SYSTEMS.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY WHISK LOGISTICS, LLC 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.

Limitations of liability

Whisk Logistics, LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
  • TO THE EXTENT THAT THE WEBSITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS;
  • FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
  • FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
These limitations of liability apply even if Whisk Logistics, LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Website.

Other parties

You accept that, as a limited liability entity, Whisk Logistics, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Whisk Logistics, LLC officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Whisk Logistics, LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable Provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Indemnity

You hereby indemnify Whisk Logistics, LLC and undertake to keep Whisk Logistics, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Whisk Logistics, LLC to a third party in settlement of a claim or dispute on the advice of Whisk Logistics, LLC legal advisers) incurred or suffered by Whisk Logistics, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Whisk Logistics, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Whisk Logistics, LLC may take such action as Whisk Logistics, LLC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Changes to Terms and Conditions

Whisk Logistics, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Whisk Logistics, LLC in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with California Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.

Whisk Logistics, LLC Details

The full name of Whisk Logistics, LLC is Whisk Logistics, LLC. You can contact Whisk Logistics, LLC at contactus@whisklogistics.com.