AGREEMENT BETWEEN USER AND Stock Transportation Ltd. (“Stock Transportation”)
The Stock Transportation website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Stock Transportation website constitutes your agreement to all such terms, conditions, and notices. This website may only be accessed by those who are 13 years of age or older.
MODIFICATION OF THESE TERMS OF USE
Stock Transportation reserves the right to change the terms, conditions, and notices under which the Stock Transportation website is offered.
LINKS TO THIRD PARTY SITES
Stock Transportation reserves the right to change the terms, conditions, and notices under which the Stock Transportation website is offered.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Stock Transportation website, you warrant to Stock Transportation that you will not use the Stock Transportation website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Stock Transportation website in any manner which could damage, disable, overburden, or impair the Stock Transportation website or interfere with any other party’s use and enjoyment of the Stock Transportation website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Stock Transportation websites.
Subject to your compliance with these Terms of Use, Stock Transportation or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the website. This license does not include any resale or commercial use of the website, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Stock Transportation or its licensors, affiliates, suppliers, publishers, rightsholders, or other content providers. No portion of this website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Stock Transportation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stock Transportation without express written consent. You may not use any meta tags or any other “hidden text” utilizing Stock Transportation’s name or trademarks without the express written consent of Stock Transportation. You may not misuse the website. You may use the website only as permitted by law. The licenses granted by Stock Transportation terminate if you do not comply with these Terms of Use.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE STOCK TRANSPORTATION WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STOCK TRANSPORTATION AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE STOCK TRANSPORTATION WEBSITE AT ANY TIME.
STOCK TRANSPORTATION AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, CURRENCY AND ACCURACY OF THE INFORMATION CONTAINED ON THE STOCK TRANSPORTATION WEBSITE FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING FEE ESTIMATES AND/OR EMPLOYMENT OPPORTUNITIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. STOCK TRANSPORTATION AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, AND [NOT APPLICABLE IN SASKATCHEWAN OR QUEBEC] OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. STOCK TRANSPORTATION RESERVES THE RIGHT TO MODIFY AND/OR REMOVE SUCH INFORMATION AT ITS SOLE DISCRETION WITH NO FURTHER NOTICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STOCK TRANSPORTATION AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE STOCK TRANSPORTATION WEBSITE, WITH THE DELAY OR INABILITY TO USE THE STOCK TRANSPORTATION WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE STOCK TRANSPORTATION WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STOCK TRANSPORTATION OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STOCK TRANSPORTATION WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STOCK TRANSPORTATION WEBSITE.
TERMINATION/ACCESS RESTRICTION
Stock Transportation reserves the right, in its sole discretion, to terminate your access to the Stock Transportation website and the related services or any portion thereof at any time, without notice.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Stock Transportation website are: Copyright 2012 by Stock Transportation and/or its affiliates. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
If you have any copyright or trademark concerns about any materials posted on the Stock Transportation website by others, please let us know. Please provide Stock Transportation with written notice (“Notice”) by contacting Stock Transportation’ Designated Agent at the following address:
Stock Transportation
Attn: General Counsel
Address: 2601 Navistar Drive
City, State Zip: Lisle, Illinois 60532
Phone: 630-821-9089
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit Stock Transportation to contact the Complaining Party, including name, address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Stock Transportation Site (“Infringing Material”), and information reasonably sufficient to permit Stock Transportation to locate such material on the Stock Transportation Site;
- Statement of the Complaining Party’s interest or right with respect to the copyright in the Infringing Material;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Stock Transportation Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- Statement specifying the infringement that is claimed and the date and time of the claimed infringement;
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and that the Complaining Party represents and warrants that it is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PRIVACY
Any personal information that Stock Transportation collects on the Stock Transportation website will be handled in accordance with Stock Transportation’s Privacy Policy.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Stock Transportation website. Use of the Stock Transportation website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Stock Transportation’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Stock Transportation’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Stock Transportation website or information provided to or gathered by Stock Transportation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Stock Transportation with respect to the Stock Transportation website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Stock Transportation with respect to the Stock Transportation website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.