THE FOLLOWING TERMS OF USE GOVERN YOUR ACCESS AND USE OF Express Link Cargo AND ALL OTHER WEB PROPERTIES OWNED OR OPERATED BY Express Link Cargo CORPORATION AND ITS SUBSIDIARIES THAT LINK TO OR REFERENCE THESE TERMS OF USE (COLLECTIVELY OUR “WEBSITE” OR “WEBSITES”). YOUR VIEWING OR USE OF THIS WEBSITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS OF USE PROVIDED HEREIN. Express Link Cargo AND ITS SUBSIDIARIES (COLLECTIVELY HEREINAFTER “Express Link Cargo”, “WE”, “US”, OR “OUR”) MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE AND YOUR VIEWING OR USE OF ONE OF OUR WEBSITES WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE OUR WEBSITES. ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT OUR WEBSITES MAY GOVERN YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION, SERVICES, AND APPLICATIONS.
Section 1 – Use
Use of one of our Websites is provided solely for current and potential customers to interact with Express Link Cargo and may not be used, reproduced, duplicated, copied, or sold by any other person or entity, or for any other purpose. The use of automated programs, screen-scraping programs, or any other tools or applications to obtain information through our Websites is strictly prohibited. By using this Website, you represent and warrant that You can legally bind yourself to this agreement or You have the proper authority to bind the entity You represent. If you do not meet all of these requirements, you must not access or use our Websites.
Section 2 – Website Registration
You may choose to register for an account with one of our Websites. By registering with one of our Websites, You agree to provide accurate and current information about yourself and the entity you represent, if any, and maintain and promptly update Your profile information to keep it accurate and current. We have the right to disable any account, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms and Conditions.
By registering, You will be given a user ID and password. You are responsible for maintaining the confidentiality of the user ID and password, and You are responsible for all activities that occur under Your user ID and password. You agree to notify Us immediately of any unauthorized access to or use of your user ID or password or any other breach of security.
Section 3 – Changes to our Websites
The content of our Websites, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted, or updated without notice. Any of the material on our Websites may be out of date at any given time, and we are under no obligation to update such material. The information presented on or through our Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Websites, or by anyone who may be informed of any of its contents.
Section 4 – Term
We may discontinue, suspend or modify any of our Websites at any time without notice, and We may block, terminate or suspend Your and any user’s access to our Websites at any time for any reason in Our sole discretion.
Section 5 – Transactions
Any transactions formed on, initiated via, or consummated as a result of visits to, our Websites will be governed by Express Link Cargo’s tariffs and service terms and conditions. The applicable tariffs and/or terms and conditions can be found on our Websites and are hereby incorporated by this reference into these Terms and Conditions.
Section 6 – Ownership
Our Websites and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Us, our licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Specifically, the Content of our Website is protected by the United States and international copyright, trademark, and other laws. © 2014 used under license by Express Link Cargo Corporation and its subsidiaries. All rights reserved. We do not convey to anyone, through allowing access to our Website, any ownership rights in our Websites or in any Content appearing on or made available through our Websites. We do not grant any licenses to any copyrights, patents, trademarks, or any other intellectual property rights.
These Terms and Conditions permit you to use our Website only for your personal use or for your use as an entity representative. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material contained herein.
Section 7 – Disclaimer of Warranty
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Express Link Cargo CORPORATION, ITS SUBSIDIARIES, AFFILIATES, AND THE RESPECTIVE LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Express Link Cargo CORPORATION, ITS SUBSIDIARIES, NOR ANYONE ASSOCIATED WITH THE US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
Section 8 – Limitation of Liability
IN NO EVENT WILL Express Link Cargo CORPORATION, ITS SUBSIDIARIES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Section 9 -Indemnity
You hereby release, and agree to defend, indemnify and hold harmless Express Link Cargo its subsidiaries and affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, demands, causes of actions, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of Your violation of these Terms and Conditions, Your use of the Websites and Your use of the content, and any services You procure or arrange from the Websites.
Section 10 – Links to other Web sites
There are links on our Websites that allow you to visit the sites of third parties that are not controlled by Us. We are not responsible for the content of such websites and make no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. We have not tested and make no representations regarding the correctness, performance, or quality of any software found at any such sites. We provide the links as a convenience to You and the existence of the links on this Web site does not imply that We approve of or are affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with Us. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 11 – Privacy Policy
You may access our Privacy Policy governing the use of information acquired from You through our Websites. We encourage users to protect any account information and passwords and not provide anyone with access to them. Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Us by You, or under Your user information, through this Web site, including but not limited to intellectual property related thereto, becomes the property of Us, without compensation, and We may copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. You hereby agree to take whatever further actions may be necessary to assign Your rights to the same to Us. You are prohibited from posting or transmitting to or from this website any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
Section 12 – Export
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access our Website regarding access, use, export, re-export, and import of any Content appearing on or available through our Website. You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law and that You are not a national of any such country.
Section 13 – Controlling Law, Venue, Severability, and Waiver
This Agreement and Your use of our Websites are governed by and construed by the laws of the United States and the State of Arkansas, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action concerning our Websites, your use of them, services ordered or arranged through the, or these Terms and Conditions must be instituted within one year after the claim or cause of action has arisen or shall be barred and must be brought in a court of competent jurisdiction within Sebastian County, Arkansas. In no event will Express Link Cargo Corporation and its subsidiaries be liable for any special, incidental, indirect, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of data, or any other pecuniary loss). This Agreement may not be changed or modified without Our written consent. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Any failure by Us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between You and Us concerning Your unregistered use of our Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning your unregistered use of our Websites. You acknowledge and agree that by registering to use Our Websites you will be bound to these Terms and Conditions, our Privacy Policy, and any additional terms and conditions required or referenced during registration. Services initiated from our website will be governed by applicable tariffs and service terms and conditions which are available upon request.