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Terms of Use 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. |
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