IMPORTANT! PLEASE
READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE ACCESSING THE SUMIT© SUITE OF THE INTERNET APPLICATIONS OR USING THIS WEBSITE. IF YOU DO NOT
AGREE TO THESE TERMS OF USAGE, DO NOT ACCEPT AND/OR DO NOT USE THIS SITE.
1stTransport, Inc., Inc.
provides this website suite of Internet applications, as a service to customers, subject
to the terms and conditions of this User Agreement (the "Agreement"). By using
this site, you and Your company (together referred to as "You"
or "Your") agree to be bound by the terms and conditions of this Agreement. Continued
use of the Site constitutes notice and acceptance of the most current
version of this Agreement, which is available for viewing within the Site.
Ownership - This Site is owned, operated, and maintained by 1stTransport.
The site and all components thereof, including, without limitation, text,
images, video and audio, code, scripts, programming, and controls are the intellectual
property of 1stTransport and are protected by patent, copyright, trademark and other
intellectual property laws of the United States and/or foreign countries. Except as
expressly permitted by this Agreement, You may not use any of such materials for any
purpose without the express prior written consent of 1stTransport.
Limited License - 1stTransport grants to You a limited, revocable, non-exclusive right
and license to use this Site solely for Your internal business purposes.
1stTransport may revoke this license at any time, without notice to You.
Restrictions on Use - Except as part of an Internet service provider's incidental
caching of pages, You may not copy, reproduce, republish, post, distribute, transmit
or modify in any way any part of this Site without the express prior
written consent of 1stTransport. You further agree not to share User ID's
or passwords, which is expressly prohibited, unless allowed by specific written
authorization from1stTransport. You are solely responsible for the security of Your
password and all use this Site in connection with Your User ID and
password.
DISCLAIMER OF WARRANTIES - 1STTRANSPORT MAKES NO REPRESENTATIONS, GUARANTEES, OR
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, CONFIDENTIALITY, SECURITY OR
COMPLETENESS OF THIS SITE OR THE CONTENT THEREOF, AND, TO THE FULL EXTENT
PERMISSIBLE BY LAW, 1STTRANSPORT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. FURTHER, 1STTRANSPORT DOES NOT WARRANT OR
REPRESENT THAT THIS SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS
ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS,
INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER
SIMILAR PROBLEMS AND/OR DEFECTS.
LIMITATION OF LIABILITY - 1STTRANSPORT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL,
PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL
DAMAGES, THAT MAY ARISE OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR
USE, THIS SITE OR YOUR USE OF OR RELIANCE UPON THIS SITE
OR THE CONTENT THEREOF.
Organization/Corporate Users - Organizations, corporations, partnerships, limited
liability companies and other entities ("Organizations") who use the Site are responsible for their employees, directors, officers, and agents as users
of this Site, and are specifically responsible and liable for any and
all damages created thereby, and for notifying 1stTransport of the termination of said
users' authorization to use this Site on behalf of their Organization.
Organizations are also responsible and liable to pay for all goods and services
purchased by their users through use of this Site.
Updates, Links - 1stTransport has no duty to update this Site, or the content
thereof and 1stTransport shall not be liable for any failure to update such information.
Further, 1stTransport is neither responsible, nor liable for, Your use of other web sites
which You may access via certain links within this Site. Those links
and other "resources" referenced on this Site are provided merely as a
service to users of the World Wide Web, and inclusion in 1stTransport 's Site
does not constitute an endorsement by, nor affiliation with,1stTransport .
Reservation of Rights - 1stTransport , in its sole discretion, reserves the right to take
all action or inaction as allowed by law, which includes, but is not limited to: (1)
changing the terms of this Agreement, (2) monitoring and removing postings on this
Site, and/or (3) discontinuing this Site availability at any time,
with or without notice to You or any other users.
Use of Ideas and Feedback - 1stTransport welcomes Your comments, questions and other
feedback about this Site, our services and our company, but 1stTransport , in its
sole discretion, reserves the right to use, or not use, any ideas, materials or
suggestions, which if submitted, become the property of 1stTransport and may be used in
whole or in part at 1stTransport 's sole discretion. If You submit any ideas, materials,
or suggestions, You will not be compensated and doing so does not create a contract
in any manner.
Disclosure and Use of Your Communications - Except to the extent of a written
agreement between 1stTransport and certain of its specifically identified users, postings
to this Site, and electronic mail delivered to
1stTransport are not confidential and Schneider shall not be liable for any use or
disclosure thereof. All communications and other materials (including, without
limitation, unsolicited ideas, suggestions, or materials) You send to this Site,
or to 1stTransport by electronic mail, or otherwise, are, and shall remain, the
sole and exclusive property of 1stTransport and may be used by 1stTransport for any proper
purpose whatsoever, commercial or otherwise, without compensation to You. While
1stTransport has taken certain actions to protect this Site , 1stTransport in
no manner guarantees or represents the security or confidentiality of data and items
transmitted via the Internet. You also agree to be solely responsible for providing
accurate, current, and complete information about You as prompted by any of the
on-line forms, including, without limitation, registration form, and
maintaining and promptly updating the information to keep it accurate, current and
complete.
Severability - If any term, condition, or provision of this Agreement is determined
to be unlawful, invalid, void, or for any reason unenforceable, the validity and
enforceability of the remaining terms, conditions, and provisions shall not in any
way be affected or impaired thereby.
Entire Agreement - The Agreement represents the entire agreement between the parties
regarding the use of and access to the Site, and expressly supersedes and
cancels any prior or contemporaneous oral or written agreements on the subjects herein.
You acknowledge that You not entering into the Agreement on the basis of any
representations not expressly contained herein.
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