This Agreement contains the terms and conditions for the use of the
RoutingGuides.com Internet Site. RoutingGuides.com is owned and
operated by TransportGistics, Inc. As used in this Agreement, "we,"
"us" "ours" and RoutingGuides.com refers to TransportGistics, Inc, its
affiliates, subsidiaries, directors, officers, employees, agents or
contractors. "You" and 'yours' refers to the User or entity using
this Site. "Web Site" or "Internet Site" or "Site" refers to all
viewable pages (including headers, all graphics, buttons, links, and
text), underlying program code, and accompanying service and
documentation. By accessing, browsing, or using this Site, you
acknowledge that you have read and understand and agree to be bound
by the terms contained herein. In addition you agree to comply with
all applicable laws and regulations which may govern your use of this
site.
Certain other information concerning RoutingGuides.com policies and
procedures are included throughout the Web Site. Those statements are
included herein by reference.
General Terms of Use
Equipment-
User must provide all equipment necessary to establish a connection to
the World Wide Web and is responsible for any telephone charges or
fees associated with
such access.
Relationship to Third Parties
- Unless specifically indicated, RoutingGuides.com is not an agent of
any third party and has not authorized any third party to act as its
agent for any purpose.
Relationship to User
- By virtue of this Agreement,
RoutingGuides.com is not engaged in any agency, joint venture or
other such relationship with any User. Neither party shall make any
representation that suggests otherwise.
Recording Conversations and Monitoring E-mail
- For our mutual protection, you understand, agree, and expressly
consent to our electronic recordation of any of your telephone
conversations with us and to our monitoring your
electronic communications with us.
No Advice or Endorsement
- Information contained on this Site is not intended to provide legal,
accounting, tax or other professional advice, nor is it intended to
offer an opinion concerning the suitability of any carrier or other
provider of transportation services or products. Our description of
products is not an endorsement of those products. Any decision you
make concerning the selection of services on our Site will be based
solely on your own evaluation.
User Conduct
In
addition to other terms contained elsewhere in this Agreement, you
agree that your use of this Site is solely for lawful purposes and
assume complete and total liability for any damages to yourself or
others arising out of your use of this site. You affirm that you
are in compliance with all state and local laws governing your
activities. You further agree to assist us in compliance with
federal, state and local authorities.
As
a User on our Site, you assume responsibility for your actions and
the actions of your own employees or agents. By using this Site, you
affirm that you have the authority to act on behalf of your
organization and to bind your organization to the terms contained
herein. In the absence of such authority, you agree to be personally
bound by these terms.
You
are prohibited from modifying, translating, decompiling, disassembling
or reverse engineering or otherwise attempting to derive the source
code for the operation of this Web Site or creating derivative works
therefrom. For purposes of this Agreement, "reverse engineering"
means the analysis of the Web Site to determine its source code,
structure, organization, internal design, algorithms or encryption
devices.
Information & Accuracy
While RoutingGuides.com attempts to convey accurate information on
this Site, the information contained may contain errors.
RoutingGuides.com disclaims any and all liability for the adequacy,
completeness, timeliness or accuracy of information and materials on
the Site and disclaims liability for errors or omissions in the
information and materials. Information in this context includes, but
is not limited to, text, graphs, links, items, calculators or other
information contained on the Site as well as other applications you
may access through this Site. You are advised to confirm the accuracy
of such information before relying on it in any way.
Links & Advertisements
RoutingGuides.com
contains links to other sites on the World Wide Web. We assume no
liability for any damages which may arise as a result of any Users'
access to another site through RoutingGuides.com. RoutingGuides.com
does not investigate, monitor or endorse such sites and User accesses
those sites at its own risk.
RoutingGuides.com
contains advertisements belonging to others on the Web Page. We
assume no liability for any damages which may arise as a result of
any Users' access to or use of any product or service advertised on
our Site. RoutingGuides.com does not investigate, monitor or endorse
such advertisements.
Intellectual Property
Trademarks
- RoutingGuides.com(tm), My RoutingGuides.com(tm), "Control, Comply,
Connect"(tm), "Compliance made simple"
and other names, logos and marks identifying RoutingGuides.com and
its products and services used herein are trademarks of
RoutingGuides.com, Inc. and may not be used without the prior written
permission of RoutingGuides.com, Inc. Other agreements, exclusive of
this Agreement, may permit merchants and others to use such
trademarks for limited purposes. Other company or product names
referred to herein are trademarks of their respective owners. You
are solely responsible for your infringement of their intellectual
property rights and assume complete responsibility for ascertaining
whether such intellectual property rights exist.
Copyright Notice
- This Web Site is subject to the protection of the copyright laws of
the United States and other countries. You may not reproduce any
part of this Web Site without the prior written permission of
RoutingGuides.com.
Other
- All information contained on this Site including pages, screens,
displays and other materials Is the property of RoutingGuides.com.
You are not permitted to copy, transfer, reproduce, republish in any
form, assign, decode, reverse engineer any information contained on
this Site, other than your own data, or to act in any manner in
derogation of RoutingGuides.com intellectual property rights. No
intellectual property rights will transfer to you as a result of using
this Site.
Privacy
& Security
User Information
- You are responsible for all activity on the Web Site which is
conducted utilizing your User information and / or password.
RoutingGuides.com utilizes commercially reasonable security
measures. See our Security Policy for RoutingGuides.com statement
concerning security.
Privacy
- While RoutingGuides.com wishes
to encourage the open exchange of accurate information, we neither
verify or endorse the statements made or posted on our Site.
RoutingGuides.com assumes no liability for any defamatory,
threatening, libelous, disparaging, harassing or offensive material
on our Site. Further, RoutingGuides.com shall not be liable for the
commission of any crime or infringement of others' intellectual
property rights which results from the use of this Site. See our
Privacy Statement for RoutingGuides.com's policy on privacy.
Communication With Us
- While RoutingGuides.com uses standard industry security measures,
e-mail or other communication sent to us may be intercepted by others
and/or may not be immediately received. You should not use e-mail
to send us confidential information or information that needs
immediate attention. Your receipt of a confirmation from a mail
message delivery service does not mean that the mail has been
received by us.
No Warranty; Disclaimer of Implied Warranties
ROUTINGGUIDES.COM
DOES NOT WARRANT THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED,
THAT MESSAGES OR REQUESTS WILL BE DELIVERED, THAT THE OPERATION OF
THE SITE WILL BE ERROR FREE OR SECURE, OR THAT THE FUNCTIONALITY OR
DESIRED RESULTS FROM THIS SITE ARE ACHIEVED. ROUTINGGUIDES.COMnbsp;
IS NOT RESPONSIBLE FOR YOUR DATA WHETHER RESIDING ON OUR OR YOUR
SERVERS. USER RELIES AT ITS OWN RISK UPON DATA, PRODUCTS, SERVICE OR
INFORMATION OBTAINED FROM THIS SITE.
THE ROUTINGGUIDES.COM WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS"
AND ON AN "AS AVAILABLE" BASIS AND ROUTINGGUIDES.COM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE,
ITS CONTENTS OR ANY PRODUCT.
ROUTINGGUIDES.COM
HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. ROUTINGGUIDES.COM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE, LOST
PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER
INTERRUPTION AND THE LIKE) OR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICE ARISING FROM OR RELATED TO THE USE OF PRODUCTS OR
THE USE OF OR INABILITY TO USE THIS WEB SITE, EVEN IF
ROUTINGGUIDES.COM IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. ROUTINGGUIDES.COM DOES NOT WARRANT
THAT THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, COMPLETE OR
CURRENT.
Limitation of Liability
RoutingGuides.com
will not be liable for any damages resulting directly, or indirectly
as a result of any failure of performance of this Site, errors,
omissions, interruptions, defects, delays in operation or
transmission, computer viruses, or line or system failure.
RoutingGuides.com
disclaims any and all liability for the accuracy, veracity or
completeness of Users' representations or statements concerning
their activities while using this Site. RoutingGuides.com further
disclaims any and all liability for problems or claims concerning
shipment information or for consequential, special, punitive,
incidental, direct, indirect or other damages, resulting from actions
or inaction of shippers and/or carriers obtained through this Site.
Indemnification
You agree to indemnify and hold RoutingGuides.com, it's parents,
subsidiaries, affiliates, directors, officers and employees, harmless
from any claim or demand, including reasonable attorney's fees, made
by any third party arising out of your use of this Site, your
violation of this Agreement, or your infringement of any intellectual
property or other right of any other person or entity.
Modification
TransportGistics, Inc.,
may change, reduce, eliminate, add to or otherwise modify any products
or services provided on this Site, from time to time, with or without
notice at its sole discretion. The fact that a particular service
or product is available on this Site, is no guarantee that such
service will continue to be offered by RoutingGuides.com. Such
services and products include, but are not limited to, any service
feature, functionality, User Interface, procedures, content, database,
or Users' access to certain parts of the Site. RoutingGuides.com will
not be liable to any User or third party if it chooses to exercise
this right.
General Provisions
Forum Governing Law
- This Agreement will be governed and interpreted according to the
laws of the state of New York. You consent to jurisdiction in the
state and federal courts located in the state of New York.
Severability
- If any provision of this Agreement is determined to unenforceable
for any reason whatsoever, the remaining provisions shall remain
unaffected and in full force and effect.
Headings
- The headings contained in this agreement are meant solely for
convenience and shall not affect the meaning or interpretation of
this agreement or any section or provision hereof.
Waiver
- The failure of
RoutingGuides.com to enforce any provision of this Agreement shall not
constitute a waiver of its right to do so in the future.
Dispute Resolution
- Any dispute arising under this Agreement shall be resolved by
binding arbitration in Suffolk County, New York in accordance with
the rules of the American Arbitration Association. The Arbitrator
shall have no authority to award punitive or exemplary damages. Each
party shall bear its own costs and expenses associated with the
resolution of such dispute and shall share equally in the cost of the
arbitrator.