Terms and Conditions Terms and Conditions
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IMPORTANT! THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEB SITE (THE "SITE"), WHICH IS PROVIDED BY PRIORITY AIR EXPRESS, LLC AND DISTRIBUTION SOLUTIONS INTERNATIONAL, INC. (COLLECTIVELY, "PRIORITY SOLUTIONS INTERNATIONAL"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY PRIORITY SOLUTIONS INTERNATIONAL AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. Access To This Site To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Priority Solutions International believes the information you provide is not correct, current, or complete, Priority Solutions International has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. Restrictions On Use You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Priority Solutions International's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of Priority Solutions International. For purposes of these Terms and Conditions, 'co-branding' means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Priority Solutions International in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. Proprietary Information The material and content accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by Priority Solutions International (the "Content") is the proprietary information of Priority Solutions International or the party that provided the Content to Priority Solutions International, and Priority Solutions International or the party that provided the Content to Priority Solutions International retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Priority Solutions International, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions or in contractual agreement with Priority Solutions International violates Priority Solutions International's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site. Hyper-Links This Site may be hyper-linked to other Sites which are not maintained by, or related to, Priority Solutions International. Hyper-links to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or Priority Solutions International. Priority Solutions International has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at the user's own risk, and Priority Solutions International makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the Sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by Priority Solutions International of that Site. Submissions You hereby grant to Priority Solutions International the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Priority Solutions International through this Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Priority Solutions International will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Priority Solutions International operations. Priority Solutions International will treat any personal information that you submit through this Site in accordance with its Privacy Statement . Disclaimer You understand that Priority Solutions International cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Priority Solutions International does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Priority Solutions International. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PRIORITY SOLUTIONS INTERNATIONAL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PRIORITY SOLUTIONS INTERNATIONAL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIORITY SOLUTIONS INTERNATIONAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PRIORITY SOLUTIONS INTERNATIONAL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PRIORITY SOLUTIONS INTERNATIONAL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. PRIORITY SOLUTIONS INTERNATIONAL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Priority Solutions International does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. Limitation On Liability IN NO EVENT WILL PRIORITY SOLUTIONS INTERNATIONAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, CONTRACTORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENT, SUBMISSIONS, MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnity You will indemnify and hold Priority Solutions International, its subsidiaries, affiliates, licensors, content providers, service providers, contractors and each of their respective directors, officers, managers, employees and agents (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site. Trademarks Trademarks, service marks, and logos appearing in this Site are the property of Priority Solutions International or the party that provided the trademarks, service marks, and logos to Priority Solutions International. Priority Solutions International and any party that provided trademarks, service marks, and logos to Priority Solutions International retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site. Information You Provide You may not post, send, submit, publish, or transmit in connection with this Site any material that:
Priority Solutions International reserves the right to monitor use of this Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Priority Solutions International nor any third party that provides Content to Priority Solutions International will assume or have any liability for any action or inaction by Priority Solutions International or such third party with respect to any Submission. Security Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Priority Solutions International will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Priority Solutions International considers insecure, Priority Solutions International will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Priority Solutions International reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Priority Solutions International reserves the right to investigate suspected violations of these Terms and Conditions. Priority Solutions International reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Priority Solutions International to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PRIORITY SOLUTIONS INTERNATIONAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PRIORITY SOLUTIONS INTERNATIONAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PRIORITY SOLUTIONS INTERNATIONAL OR LAW ENFORCEMENT AUTHORITIES. Miscellaneous These Terms and Conditions shall all be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed in the Commonwealth of Pennsylvania. You agree that any legal action or proceeding between Priority Solutions International and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Priority Solutions International may revise these Terms and Conditions at any time by updating this posting. Last updated: September 30, 2009. |
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