Terms of Service

Effective Date: December 7, 2024

These Terms of Service ("Terms") govern your access to and use of the website and online services provided by Pivot 3PL, a service of Kickstart Supply LLC ("Company," "we," "us," or "our"). By accessing our website at pivot3pl.com and any related pages, or by using our online services ("Services"), you agree to comply with and be bound by these Terms.

1. Scope of Services

Pivot 3PL provides third-party logistics (3PL) services including, but not limited to, product storage, pallet storage, and pick-and-pack fulfillment. Any specific rates, service levels, or operational procedures are presented for informational purposes only and are subject to separate, written agreements executed between you and the Company.

2. No Guarantee of Availability

Access to our Services and website is provided on an "as is" and "as available" basis. We make no guarantee that our website, inventory management systems, or fulfillment operations will be uninterrupted, error-free, or meet your specific needs. We reserve the right to modify or discontinue any aspect of our Services at any time without prior notice.

3. Accuracy of Information

You are responsible for providing accurate and complete information regarding your products, inventory, labeling, and shipping instructions. We are not responsible for losses, delays, or compliance issues arising from inaccuracies, omissions, or misrepresentations provided by you or third parties acting on your behalf.

4. Compliance with Laws

You represent and warrant that all goods you store or process through our Services comply with all applicable laws, regulations, and industry standards. You are solely responsible for ensuring that items are properly labeled, classified, and documented for storage and shipping. We assume no liability for regulatory non-compliance, including customs, import/export restrictions, safety regulations, intellectual property rights, or environmental standards.

5. Intellectual Property

All content, trademarks, logos, and other intellectual property displayed on our website remain the property of their respective owners and may not be used without prior written permission. Using our website does not grant you any license or right to use any content or intellectual property unless expressly stated.

6. Limitations of Liability

6.1 General Limitations

To the fullest extent permitted by law, the Company, its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, business interruption, loss of data, or loss of goodwill, even if we have been advised of the possibility of such damages.

6.2 Service and Operational Risks

We are not liable for any loss, damage, or deterioration of goods due to factors outside of our reasonable control, including but not limited to acts of God, weather, natural disasters, governmental actions, labor disputes, carrier mishandling, or equipment failures not caused by our gross negligence.

6.3 Third-Party Actions

We assume no liability for any actions, errors, or omissions of third-party carriers, suppliers, or service providers involved in the handling, storage, or transportation of your goods. You acknowledge that third parties operate under their own terms and conditions, and any claims arising from their services must be pursued directly against them.

6.4 Customer-Provided Data and Instructions

We are not responsible for losses or damages resulting from inaccurate inventory data, faulty or incomplete shipping instructions, or incorrect product information provided by you or your representatives.

7. No Warranties

Except as expressly provided in a separate, signed agreement, our Services and any information provided on our website are furnished “as is” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our Services, your breach of these Terms, or your violation of any law or the rights of a third party.

9. Governing Law and Jurisdiction

These Terms and any claims arising out of or related to these Terms or our Services shall be governed by the laws of the State of California, USA, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

10. Privacy

We value your privacy and are committed to protecting your personal information. Any personal data you provide while using our Services is handled in accordance with applicable data protection laws. By using our Services, you consent to the collection, use, and storage of your information as outlined in these Terms. We do not sell or share your personal information with third parties except as necessary to provide our Services or comply with legal obligations.

11. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our website or Services after such changes indicates your acceptance of the updated Terms.

12. Contact Information

For any questions or concerns about these Terms or our Services, please contact us at:

Email: pivot3pl@gmail.com

By using our website and/or Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, please discontinue your use of our Services and website immediately.