THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE TBL SERVICES WEB PRODUCTS RateNow® DealMaker® ReportNow® ShipNow® TrackNow® AccrueNow® ReviewNow® and TBL Services Logistics Portal HEREINAFTER REFERRED TO AS (TBL TECHNOLOGY) PORTAL AND WEB SITE AND THE SERVICES (AS DEFINED BELOW). YOUR VIEWING OR USE OF THIS WEB SITE OR PORTAL WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. TBL TECHNOLOGY MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF THE TBL TECHNOLOGY PORTAL AND WEB SITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THE TBL TECHNOLOGY PORTAL AND WEB SITE GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, PAYMENT TERMS, INFORMATION AND APPLICATIONS AVAILABLE THROUGH THE TBL TECHNOLOGY PORTAL AND WEB SITE. FOR PURPOSES OF THIS AGREEMENT, THE TERM “TBL TECHNOLOGY” SHALL MEAN TBL SERVICES INC.
- TBL TECHNOLOGY Portal and Web Site Use. The TBL TECHNOLOGY Portal and Web Site is provided solely for the use of TBL TECHNOLOGY customers and other permitted entities. The TBL TECHNOLOGY Portal and Web Site allows shippers to manage shipping activities such as rate shipments, prepare shipping documentation and maintain shipping history any and all services provided by TBL TECHNOLOGY to you either now or in the future (the “Services”) Using this site and the Services, users may create Bill of Lading documents, labels, reports and track shipments. These Terms and Conditions together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by TBL TECHNOLOGY (collectively, the “Agreement”), constitutes the entire agreement between TBL TECHNOLOGY and you regarding the Technology Services, and supersedes all prior agreements between the parties regarding only the subject matter of this Agreement.
- Changes to the TBL TECHNOLOGY Portal and Web Site. The TBL TECHNOLOGY Portal and Web Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) and the Services may be changed, deleted or updated without notice.
- Consequences of Termination. Upon termination of this Agreement all access to the Web Site and Portal or the Services will be terminated and all your users (“End Users”) will be notified of a different website from which they may regain access to the TBL TECHNOLOGY Services. Every End User is a customer of TBL TECHNOLOGY. In addition you shall (a) cease forthwith to use any TBL TECHNOLOGY trademarks or any imitations or approximations thereof;(b) not hold itself out as connected with TBL TECHNOLOGY; and (c) not divulge or use any confidential information of TBL TECHNOLOGY.
- Ownership: TBL Services Inc. owns The TBL TECHNOLOGY Portal and Web Site, the Content, and the Services and its Content are protected by United States and international copyright, trademark and other laws. Specifically, TBL TECHNOLOGY does not convey to anyone, through allowing access to the TBL TECHNOLOGY Portal and Web Site, any ownership rights in the TBL TECHNOLOGY Services, Web Site and Portal or in any Content appearing on or made available through the TBL TECHNOLOGY Portal and Web Site.
- Disclaimer of Warranty. THE TBL TECHNOLOGY SERVICES, WEB SITE AND PORTAL INCLUDING ITS CONTENT ARE PROVIDED “AS IS”. TBL TECHNOLOGY AND ITS 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, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE THE TBL TECHNOLOGY SERVICES, WEB SITE AND PORTAL AND ITS CONTENT. TBL TECHNOLOGY MAKES NO WARRANTY THAT (i) THE TBL TECHNOLOGY SERVICS OR WEB SITE AND PORTAL WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE TBL TECHNOLOGY SERVICES OR WEB SITE AND PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TBL TECHNOLOGY SERVICES OR WEB SITE AND PORTAL WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TBL TECHNOLOGY SERVICES OR WEB SITE AND PORTAL WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
- Limitation of Liability: USE OF THE TBL TECHNOLOGY SERVICES, WEB SITE AND PORTAL AND / OR CONTENT IS AT YOUR SOLE RISK. TBL TECHNOLOGY WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR (i) ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE TBL TECHNOLOGY WEB SITE AND PORTAL AND ITS CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (iii) ANY OTHER MATTER RELATING TO THE TBL TECHNOLOGY WEB SITE AND PORTAL, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED TBL TECHNOLOGY OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF TBL TECHNOLOGY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE PAST 2 MONTHS RENTAL OR SERVICE FEES. YOU HEREBY RELEASE TBL TECHNOLOGY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
- Indemnity: You hereby release, and agree to indemnify and hold harmless TBL Services inc., its parent, affiliates and subsidiaries and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of the TBL TECHNOLOGY Portal and Web Site and its Content.
- Jurisdiction: The laws of the State of Pennsylvania shall govern this Agreement. User expressly agrees that any and all dispute relating to or arising out of this Agreement shall be subject to the exclusive jurisdiction of the appropriate courts of the State of Pennsylvania. User hereby expressly consents to the exercise of personal jurisdiction by the courts of the State of Pennsylvania.
- Force Majeure. TBL TECHNOLOGY shall not be liable for non-performance or delay in performance of its obligations should a force majeure event arise, that is, should there occur events beyond TBL TECHNOLOGY’s control such as to render the performance of its obligations impossible, dangerous or disproportionately onerous. Force majeure events include without limitation, catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed.