Download Report

DISPATCH CITIZENS- TERMS OF USE
Introduction
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS
WEB SITE (THE “WEB SITE”). THESE WEB SITE TERMS OF USE (THE “TERMS OF
USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS
AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE
TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE
WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU"
OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
Back to Top
1. User Eligibility
The Web Site is provided by Dispatch Citizens and available only to entities and
persons over the age of legal majority who can form legally binding agreement(s)
under applicable law. If you do not qualify, you are not permitted to use the Web
Site.
Back to Top
2. Scope of Terms of Use
These Terms of Use govern your use of the Web Site and all applications, software
and services (collectively, “Services”) available via the Web Site, except to the extent
such Services are the subject of a separate agreement. Specific terms or agreements
may apply to the use of certain Services and other items provided to you via the
Web Site (“Service Agreement(s)”). Any such Service Agreements accompany or are
listed in association with or through a hyperlink associated with the applicable
Services.
Back to Top
3. Modifications
dispatchcitizens.com and its Content, may be changed, deleted or updated at any
time without notice.
Back to Top
4. Dispatch Citizens Rate and Service Guide and Tariff
In addition to any other terms and conditions that may be applicable to such
transaction as provided in these Web Site Terms of Use and the Service
Agreement(s), the Dispatch Citizens Rate and Service Guide applicable to You and
the Dispatch Citizens Tariff (to the extent it is applicable to You) in effect at the time
of shipment govern Your use of Dispatch Citizens transportation and related
services.
Back to Top
5. Dispatch Citizens Privacy Policy
The Dispatch Citizens Privacy Policy governs the use of information acquired from
you through dispatchcitizens.com.
Back to Top
6. License and Ownership
Dispatchcitizens.com and its Content are protected by United States and
international copyright, trademark and other laws. © 2006-2009 Dispatch Citizens.
All rights reserved. Specifically Dispatch Citizens does not convey to anyone,
through allowing access to dispatchcitizens.com., any ownership rights in
dispatchcitizens.com. or in any Content appearing on or made available through
dispatchcitizens.com. Customer may not copy, modify, translate, transmit,
distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of
dispatchcitizens.com or its Content.
Back to Top
7. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Web
Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or software
available via the Web Site in a manner not expressly permitted by Dispatch Citizens.
(d) You will not input or upload to the Web Site any information which contains
viruses, Trojan horses, worms, time bombs or other computer programming
routines that are intended to damage, interfere with, intercept or expropriate any
system, the Web Site or Information or that infringes the Intellectual Property
(defined below) rights of another.
(e) Certain areas of the Web Site are restricted to customers of Dispatch Citizens.
(f) You may not use or access the Web Site or Dispatch Citizens Systems or Services
in any way that, Dispatch Citizen's judgment, adversely affects the performance or
function of the Dispatch Citizens Systems, Services or the Web Site or interferes with
the ability of authorized parties to access the Dispatch Citizens Systems, Services or
the Web Site.
(g) You may not frame or utilize framing techniques to enclose any portion or
aspect of the Content or the Information, without the express written consent of
Dispatch Citizens.
Back to Top
8. Links
(a) Outbound Links. The Web Site may contain links to third-party Web Sites and
resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a
convenience to you and not as an endorsement by Dispatch Citizens shipping of the
content on such Linked Sites. Dispatch Citizens makes no representations or
warranties regarding the correctness, accuracy, performance or quality of any
content, software, service or application found at any Linked Site. Dispatch Citizens
is not responsible for the availability of the Linked Sites or the content or activities
of such sites. If you decide to access Linked Sites, You do so at your own risk. In
addition, your use of Linked Sites is subject to any applicable policies and terms and
conditions of use, including but not limited to, the Linked Site's privacy policy.
(b) Inbound Links. Linking to any page of the Web Site other than to
http://www.dispatchcitizens.com through a plain text link is strictly prohibited in
the absence of a separate linking agreement with Dispatch Citizens. Any web site or
other device that links to http://www.dispatchcitizens.com or any page available
therein is prohibited from (a) replicating Content, (b) using a browser or border
environment around the Content, (c) implying in any fashion that Dispatch Citizens
or any of its affiliates are endorsing it or its products, (d) misrepresenting any state
of facts, including its relationship with Dispatch Citizens or any of its affiliates, (e)
presenting false information about Dispatch Citizens products or services, and (f)
using any logo or mark of Dispatch Citizens or any of its affiliates without express
written permission from Dispatch Citizens
Back to Top
9. Submissions
Dispatch Citizens accept ideas, concepts, or techniques for new services or products
through the Web Site (“Comments”). If such Comments can be submitted using the
feedback menu on our website provided You acknowledge that (a) they will not be
considered confidential or proprietary, (b) Dispatch Citizens and its affiliates are
under no obligation to keep such information confidential, and (c) Dispatch Citizens
will have an unrestricted, irrevocable, world-wide, royalty free right to use,
communicate, reproduce, publish, display, distribute and exploit such Comments in
any manner it chooses.
Back to Top
10. Termination of use
Dispatch Citizens may discontinue, suspend or modify dispatchcitizens.com at any
time without notice, and Dispatch Citizens may block, terminate or suspend You and
any user's access to dispatchcitizens.com at any time for any reason in its sole
discretion, even if access continues to be allowed to others.
Back to Top
11. Disclaimer of Warranties
DISPATCH CITIZENS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE
OBTAINED FROM USING THE WEB SITE, THE Dispatch Citizens SYSTEMS, THE
SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR
OWN RISK.
THE WEB SITE, THE DISPATCH CITIZENS SYSTEMS, THE INFORMATION, THE
SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. DISPATCH
CITIZENS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. DISPATCH
CITIZENS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS,
SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES
PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE DISPATCH
CITIZENS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY Dispatch Citizens IN
THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO
YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT
CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU
AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF
LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND
REASONABLE.
Back to Top
12. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT
DISPATCH CITIZENS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES,
DISPATCH CITIZENS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DISPATCHCITIZENS, ITS
AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED
AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY,
PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM
THE USE OF OR INABILITY TO USE THE WEB SITE, THE DISPATCH CITIZENS
SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON
WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT DISPATCH CITIZENS IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR
YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE
EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Back to Top
13. Compliance with Law Including Export Control
You assume all responsibility for compliance with all laws and regulations of the
United States and any other country from which You may access
dispatchcitizens.com regarding access, use, export, re-export and import of any
Content appearing on or available through dispatchcitizens.com
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, that You are
not a national of any such country, you are not a Denied Party listed on the U.S.
Denied Persons List, you are not a Special Designated National on the U.S. Treasury
Department's list of Specially Designated Nationals, and that the Content will not be
used in the design, development or production of nuclear, chemical or biological
weapons.
Back to Top
14. Controlling law and severability
This Agreement and Your use of dispatchcitizens.com is governed by and construed
in accordance with the laws of the United States and the State of Texas, excluding its
conflict of law’s 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.
Back to Top
15. General
You may not assign these Terms of Use or any of your interests, rights or obligations
under these Terms of Use. If any provision of these Terms of Use is found to be
invalid by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. No waiver of any of these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or any other term
or condition.
Back to Top
16. Written Document
You may preserve these Terms of Use in written form by printing them for your
records, and you waive any other requirement that these Terms of Use be evidenced
by a written document.
Back to Top
17. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER
WRITTEN AGREEMENT BETWEEN YOU AND DISPATCH CITIZENS OR IN THE
APPLICABLE Dispatch Citizens RATE AND SERVICE GUIDE OR DISPATCH CITIZENS
SHIPPING TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN YOU AND DISPATCH CITIZENS WITH RESPECT TO THE USE OF THE
WEB SITE, THE DISATCH CITIZENS SYSTEMS, AND ANY SOFTWARE OR SERVICE,
INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL
DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS
CONCERNING THE SUBJECT MATTER HEREOF.
Back to Top
18. Courtesy rate quotes
The courtesy rate reflected by the Courtesy Rate Quote on
www.dispatchcitizens.com if shown, may be different than the actual charges for
your shipment. Differences may occur based on actual weight, dimensions, and
other factors. Consult a Dispatch Citizens Service representative for a custom quote
or the Dispatch Citizens Rate Sheets for details on how shipping charges are
calculated.
Back to Top
19. Customer Service
Questions or comments regarding the Web Site may be submitted to Dispatch
Citizens Customer Service.
DISPATCH CITIZENS PRIVACY POLICY
Dispatch Citizens understands the importance of protecting the privacy of
dispatchcitizens.com users. The information collected is used to market and
improve the services we provide in order to improve the dispatchcitizens.com web
site content, and to contact you with updates to the web site or for other marketing
purposes. Certain areas of dispatchcitizens.com, including but not limited to
Dispatch Citizens Account manager, require registration or a password for access.
Information obtained from registered users of these areas may also be used for
Dispatch Citizens marketing purposes and cookies may be used in those and other
areas, as is described in this Policy. Information obtained in these areas may also be
used in accordance with agreements governing access to and use of the specific
areas, including, but not necessarily limited to Dispatch Citizens Shipping Manager
and Instant rate manager at dispatchcitizens.com. In addition, visitors to
dispatchcitizens.com may choose to register for a dispatchcitizens.com Login user
ID and password to simplify access to some interactive features on
dispatchcitizens.com. Log file data and other information gathered from registered
users of dispatchcitizens.com are used to improve the dispatchcitizens.com
customer experience. Separate registration may be required for certain customers
in certain geographic locations. Separate registration may also be required for users
who need services from other Dispatch Citizens shipping companies such as
Dispatch Citizens enterprise, Dispatch Citizens Webtrak, Dispatch Citizens interstate
cargo etc. In the future, Dispatch Citizens may add other features to those accessed
through dispatchcitizens.com Login. (In such event, previously registered users will
not be required to re-register.) Please also see the Dispatch Citizens Service Guide
for terms of carriage, limitations of liability, and disclaimers of warranty and general
terms applicable to all delivery services and various information used and provided
with Disptch Citizens services. Does Dispatch Citizens ask for personal information?
Several areas of dispatchcitizens.com ask for personal information. They include:
Online Account Registration, features of Manage My Account, and registration pages
for Dispatch Citizens Interstate cargo at dispatchcitizens.com, DispatchCitizens
Enterprise and also when making online payments using any of our secured
international gateway such as INTERSWITCH, PAYPAL, and many other merchant
service providers. This list may be expanded without notice. In the event that it is
expanded, additional information may be required. In these areas, your name,
address, email address, billing information, and business profile are requested. This
information is collected to help us further develop our services, to provide you
access to valuable DispatchCitizens Internet-based information and services, and to
bill you for those services if you elect to use them. How does DispatchCitizens use
the information? The information collected through this site helps us identify the
type of web site content our customers value most. We use this information to
market and improve the web site and our services. We also use this information to
send you email notifications about updates to the web site, and to contact you by
other means for marketing and other purposes. Our policy is to not give, sell or
otherwise distribute the information collected through this site to third parties
outside of DispatchCitizens, our parent company; Prolog services incorporated or
any of our subsidiaries (unless required by law); provided, however, in some cases
we may use suppliers to assist us in collecting, using or otherwise processing for our
benefit the information obtained through this site. Our practice is to require our
suppliers to conduct such activities consistent with this policy and our
requirements. What happens when I leave dispatchcitizens.com to visit
aDispatchCitizens linked web site? Parts of dispatchcitizens.com, such as Ocean
schedules, consist of products and services hosted by third-party businesses. When
you leave dispatchcitizens.com to visit one of these sites, the only information
transferred to the third-party is the fact that you came from dispatchcitizens.com
(the referring address). This practice allows the third-party to monitor its own web
site traffic, but does not provide them with any information about you.
DispatchCitizens is not responsible or liable for the independent privacy policies of
our third-party sites. You should consult the privacy policies at those sites to
determine how your information may be used. -