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Terms of Service Agreement
PLEASE READ THE FOLLOWING. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH BELOW, DO NOT ACCESS OR USE THIS WEB SITE AND ITS SERVICES. YOUR ACCESS OR USE OF THIS WEB SITE AND ITS SERVICES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH BELOW.
I. Introduction
Through this Web site, http://www.ez-posts.com (the "Site"), EZ-Posts.com offers an Internet-based "central dispath system" to its subscribers. The Site helps connect companies in the transport industry by allowing subscribers to make their own independent evaluations of other subscribers. For example, the Site allows subscribers to post equipment for shipment, references, evidence of insurace coverage and government licenses that can be reviewed by other subscribers who may be potential business partners. The Site may also allow subscribers to "rate" other subscribers. You understand and agree that EZ-Posts.com does not and cannot control the reliability, completeness or accuracy of information available through the Site and its services because such information is provided solely by the Site's subscribers, who are third parties independent of EZ-Posts.com
II. Standards of Conduct
EZ-POSTS.COM EXPECTS YOU TO ABIDE BY CERTAIN INDUSTRY-WIDE PROFESSIONAL STANDARDS. YOUR FAILURE TO MEET THE FOLLOWING STANDARDS MY RESULT IN IMMEDIATE TERMINATION OR SUSPENSION OF YOUR ACCOUNT.
A. Transporters/Carriers
If you are a transporter that ships vehicles posted for shipment on the Site, you agree to abide by the following standards: (1) pick-up and deliver equipment within the agreed upon windows of time and at the agreed upon price; (2) promptly notify all appropriate parties of unexpected delays in the pick-up or delivery of equipment; (3) handle equpiment so as to avoid damage to the equipment; (4) provide appropriate parties with a completed and signed bill of lading/equipment condition form upon delivery of the equipment; (5) handle damage claims fairly and responsively; (6) promptly forward COD payments in excess of agreed upon carrier payment to brokers or applicable parties, when applicable; (7) interact with all parties in a professional and courteous manner; (8) maintain adequate insurance coverage and applicable licenses and bonds at all times; and (9) comply with all applicable laws.
B. Brokers, Dealers, Individuals or Other Entities
IF you are a broker, dealer, individual, or other entity that posts equipment for shipping on the Site, you agree to abide by the following standards: (1) provide the agreed upon equipment to carriers at the agreed upon time and price; (2) make prompt payment of outstanding balances owed to carriers; (3) remove from view on the Site loads that you have posted for shipment on the Site once an agreement has been made to ship such loads with a transporter; (4) interact with all parties in a professional and courteous manner; (5) maintain adequate insurance and applicable licenses and bonds at all times; and (6) comply with all applicable laws.
III. Limited Rights of Use
The Site and its services involve the use of a computer system comprising computer programming and formatting code, computer executable instruction sets, operating instructions, graphics, designs, materials and other information (whether in written, graphical or other form, collectively, the "Content") that are protected by copyright, trademark, trade secret, patent and other intellectual property rights laws. Such system, the Site and the Content shall remain the property of EZ-Posts.com and its licensors. You shall not assert any rights in such system, the Site or the Content other than a right to use the system, the Site and the Content for evaluating and verifying the information submitted by other subscribers, but specifically excluding development, marketing or selling transport database products or services or any similar products or services. Other than downloading or printing Content for such evaluation or verification, you shall not modify, copy, provide to any third party, sell, transfer or create derivative works of such system, the Site or the Content, wheher in whole or in part. Without limiting the foregoing, you shall not (i) direct link, inline link, deep link or otherwise hyperlink any page of the Site other than the home page or (ii) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use such ssytem, the Site or the Content. Notwithstanding the foregoing, the Site and its services may only be used by you for lawful purposes and in a manner that EZ-Posts.com believes, in its sole discretion, to be consistent with the rights of EZ-Posts.com, the Sites' subscribers or other third parties.
IV. Submitted Materials
By submitting any material or other information, whether in written, graphical or other form, to EZ-Posts.com, you grant EZ-Posts.com the irrevocable, royalty-free, fully-paid, worldwide right to use such material or other information in any manner in connection with the Site, its services or any other products or services offered by EZ-Posts.com. Without limiting the foregoing, EZ-Posts.com may, it its sole discretion, publish and distribute such material or other information by any method now existing or later developed without you recieving any payments from EZ-Posts.com or you excercising any other rights against EZ-Posts.com. You shall not submit any material or other information that violates law or the rights of any third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory, or otherwise objectionable. By submitting a rating of the Site, you declare that you have conducted business with the rated party. If you rate a party with which you have not conducted business, your account or your ability to rate other subscribers may be suspended or terminated. While EZ-Posts.com does not and cannot control any material or other information provided by you or the Site's other subscribers, EZ-Posts.com reserves the right to reject or remove any such material or other information at any time with or without reason.
V. Changes to Service
The Site is expected to change from time to time. EZ-Posts.com reserves the right to change any service offered, or the features of any service offered, on the Site at any time with or without notice.
VI. Payment Terms
You must pay subscription fees per EZ-Posts.com's rate schedule in effect from time to time in order to access or use certain portions of the Site and its services. You are also responsible for any sales, use or other taxes applicable to your subscription. Payment terms are due upon receipt. Delinquent accounts are subject to immediate suspension or termination without notice. Subscription fees will not be pro-rated for any partial period. If payment by credit card is not received by EZ-Posts.com from the card issuer or its agents, you agree to pay all amounts due upon demand by EZ-Posts.com.
VII. Termination and Suspension
Either you or EZ-Posts.com may terminate your account at any time with or without reason. EZ-Posts.com may also suspend your account or access to certain features of the Site at any time with or without reason. TERMINATION OR SUSPENSION DOES NOT RELEASE YOU FOR FEES, TAXES OR OTHER CHARGES DUE, AND SUBSCRIPTION FEES SHALL CONTINUE TO ACCRUE DURING ANY SUSPENSION. EZ-Posts.com may delete all data, files or other information stored in your account upon termination. Provisions set forth in the sections entitled "Limited Right of Use", "Submitted Materials", "Payment Terms", "No Warranty; Limitation of Liability" and "Ideminity" shall survive any termination.
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VII. No Warranty; Limitation of Liability
ACCESS OR USE OF THE SITE AND ITS SERVICES ARE AT YOUR SOLE RISK. EZ-POSTS.COM DOES NOT WARRANT THE RELIABILITY, COMPLETENESS, OR ACCURACY OF THE SITE, ITS SERVICES OR ANY INFORMATION ON THE SITE. THE SITE, ITS SERVICES AND ANY INFORMATION ON THE SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. EZ-POSTS.COM'S TOTAL LIABILITY TO YOU (WHETHER BASED ON AN AUCTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS SERVICES OR ANY INFORMAITON ON THE SITE SHALL BE NO MORE THAN THE SUBSCRIPTION FEES PAID BY YOU TO EZ-POSTS.COM WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL EZ-POSTS.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, EZ-POSTS.COM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE SITES AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF EZ-POSTS.COM (INCLUIDNG WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY INFORMATION PROVIDED BY THE SITE'S SUBSCRIBERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IX. Indemnity
You agree to indemnify and hold harmless, EZ-Posts.com and its directors, officers, shareholders, agents, employees and the Site's other subscribers from any and all claims, liabilities, damages or expenses (including, without limitation, attorney's fees) arising out of or resulting from any and all access or use of the Site and its services and your account, whether or not authorized, and any and all material or other information submitted by you to EZ-Posts.com.
X. Non-Transferability
Your account, your limited rights of use above and all of your rights and obligations under these Terms of Service are not transferable or assignable by you in any way and any purported transfer or assignment shall be void. You agree to protect your password and other account information from unauthorized use.
XI. Confidentiality
EZ-Posts.com generally treats electronic messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits EZ-Posts.com limited ability to intercept or disclose electronic messages, including, for example: (i) as necessary to operate the system or protect EZ-Posts.com's rights or property; (ii) upon legal demand (court orders, warrants, subpoenas); or (iii) where EZ-Post.com recieves information inadvertently which appears to pertain tot he commission of a crime. You should be aware that electronic messages may be intercepted lawfully and unlawfully outside of EZ-Post.com's system. In addition, although EZ-Posts.com has implemented certain security measures, EZ-Posts.com cannot guarantee that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guarantee the privacy of information of any user.
XII. General
EZ-Posts.com reserves the right to change these Terms of Service, in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Site, and your continued access or use of the Site and its services shall be considered acceptance of such changes. These Terms of Service constitue the entire agreement between you and EZ-Posts.com, and supersede all other written and oral communications or agreements, with regard to the Site and its services. Any waiver of these Terms of Service by EZ-Posts.com shall only be effective if in a writing signed by an authorized officer of EZ-Posts.com. The site is controlled and administered by EZ-Posts.com from its offices in Blount County, Tennessee. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflict of laws principles. Any claim or cause of action by you against EZ-Posts.com with respect to your access or use of the Site and its services or your account shall be brought in the federal or state courts of Blount County, Tennessee within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that EZ-Posts.com shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid tot he greatest extent permitted by law. Accessing or using the Site shall constitute effective execution and delivery by you of these Terms of Service.
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Transmitted: 5/17/2008 2:58:41 PM |
