TERMS AND CONDITIONS OF USE
Effective as of November 13, 2006
ONLY FOR RESIDENTS OF QUEBEC AND FRANCE
Les parties déclarent par les présentes qu'elles exigent que les conditions d'acces au site www.agilitylogistics.com, le site, les fontions et informations disponibles sur le site, et tous les documents y afférents soient rédigés seulement en anglais.
"Agility" or "We" means Agility Holdings Inc., its subsidiaries and affiliates.
"Website" means the www.agilitylogistics.com website and other websites owned and operated by Agility, and the Content, Marks, and Services available on the website.
"Content" means the information, graphics, products, and features that are available on the website.
"Mark" means trademark, trade name, service mark, trade dress, custom graphics, or icons.
"Services" means the software, applications, and other services that are available on the website.
However, the terms "website", "Marks", "Content" and "Services" do not include third parties' websites, trademarks, service marks, trade names, information, graphics, products, features, software, application or other services that are provided by third parties and that are available through a link from the website. The use of these other items is subject to the terms set forth by their respective owners or operators on the third party websites.
The website is the sole and exclusive property of Agility and its licensors. Agility and its licensors retain all right, title and interest, (including all patent, copyright, trademark, trade secrets and all other intellectual property rights) in the website. The website is protected by copyright, trademark, and unfair competition and other laws both in the United States and in other countries through the application of International Treaties. Any unauthorized use, reproduction, or modification of any portion of this website without the express permission of Agility may violate such laws.
Agility, GeoVista, all other Marks that appear, or are displayed or used on the website are trademarks of Agility or its licensors. No license to use these Marks is given or implied. These Marks may not be copied, downloaded, reproduced used, modified or distributed in anyway, without prior written permission, except as an integral part of any authorized copy of materials appearing on this website.
Agility grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the website only in the manner presented by Agility, and only as expressly permitted by Agility. Except for this limited license, Agility does not grant to you any other rights or licenses with respect to any portion of the website.
You may use this website for information, and for your personal, non-commercial use. You may reproduce any portions of the materials in this website only for information and only for personal, non-commercial purposes. If you do so, the materials may not be modified in any way, and must bear the following copyright notice: © 2007 Agility Holdings Inc – All rights reserved.
• Copy, reproduce, modify, create derivative works from, or upload, any part of this website
• Use a frame or border environment around the website, or other framing techniques to enclose any portion or aspect of the website
• Mirror or replicate any portion of the website
• Sell, offer for sale, modify, reproduce, display, distribute, republish, transmit, reverse-engineer, or translate into any language or computer language, any portion of the website, in any form.
COMPLIANCE WITH LAWS; RESTRICTIONS
• Present false information about Agility or its services
• Imply in any fashion that Agility is endorsing your products or services
• Use or access the Website in any way that, in Agility's judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by Agility, other website users, or Agility clients.
• Upload or transmit to the website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, interfere with, intercept or appropriate any system or the Website, or that infringes the rights of a third party;
• Disguise the origin of information transmitted through the website;
• Place false or misleading information on the website.
Agility, in its sole discretion, may block, terminate, or suspend your use of the website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the website, and destroy any copy you have made of any portion of the website. Accessing the website after such termination, suspension, or discontinuation shall constitute an act of trespass. Agility shall not be liable to you or any third party for such suspension or termination.
Any aspect of the website may be changed, supplemented, deleted, updated, discontinued, suspended or modified, at any time. Agility may also, at any time, change or impose fees for Services, establish or change general practices and limits concerning the Services. However, Agility makes no commitment to update the information contained on this website.
The Content and Services are intended for informational purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. You should not take any action based on the information in this website. The Content and Services are provided without any warranties or representations to their quality, accuracy, completeness, or timeliness. Agility assumes no liability or responsibility for any errors or omissions in the Content or Services.
Agility makes all reasonable attempts to exclude viruses from this website, but cannot ensure that the website is at all times free from viruses or other destructive software. Please take appropriate safeguards before downloading information from this website. Agility assumes no responsibility, and shall not be liable for, any damages caused by computer viruses that may infect your computer equipment or other property, resulting from use of the website, or downloading of anything from the website.
DISCLAIMER OF WARRANTIES
The Website is provided "as is." Agility, its licensors, and its suppliers, disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third parties' rights.
LIMITATION OF DAMAGES
Use of this website is at your sole risk. In no event will Agility be liable to you or any person or entity claiming through you, for any direct, indirect, incidental, special, consequential damages or other damages arising out of, or resulting from, the use of, or inability to use this website, including, without limitation, lost profits, lost revenues, or damages resulting from lost programs or data, business interruption, or otherwise, whether such liability is based on contract, warranty, tort, or other theory, and whether or not Agility has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
If, notwithstanding the foregoing, Agility is found responsible to you, or anyone claiming through you, for any damages, its liability shall be limited to $100 in the aggregate.
You hereby release and agree to indemnify and hold harmless Agility and its officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising out of your use of the website.
PRIVACY AND DATA PROTECTION
INFORMATION ABOUT THIRD PARTIES
YOUR COMMENTS AND SUBMISSIONS
Any communication or materials you transmit through the website by electronic mail or otherwise, including any data, questions, comments suggestions or the like is, and will treated as non-confidential and non-proprietary. Anything transmitted or posted to the website shall become the property of Agility. Agility will be free to use and act on any information you submit. Agility may use these submissions or comments for any purpose, and may communicate, reproduce, publish, display, distribute or exploit them in any manner it chooses. We assume no responsibility for the return of such information. Agility wants your feedback and appreciates your ideas and suggestions, but is unable to answer every comment individually.
If you choose to contact Agility through this website, you should be aware that any information transmitted electronically via the World Wide Web cannot be guaranteed to be secure. Agility assumes no responsibility for the loss of any information that you transmit to us via the World Wide Web or Internet.
We welcome links to the home page of the Website, at www.agilitylogistics.com through a plain text link, provided that (a) you give Agility prior written notice of such link by contacting Agility Marketing Department at email@example.com; (b) you discontinue providing a link to our Website if so requested by Agility; (c) you do not imply in any fashion that Agility is endorsing any of Your products or service or is affiliated with you, (d) you do not present Agility in a false light, or provide misleading or false information about Agility or its services, (e) you do not remove or obscure the copyright notice, or other notices on this Website; (f) you do not use any Mark of Agility (g) you do not replicate, frame or mirror the content of the website. We reserve the right to ask you to remove links to the website, in our sole discretion.
Linking to any page of the website other than to www.agilitylogistics.com is strictly prohibited in the absence of a separate linking agreement with Agility.
WRITTEN DOCUMENT - ELECTRONIC NOTIFICATION
Questions or comments regarding the Website may be submitted to Agility Marketing Department at firstname.lastname@example.org.
This website is administered by Agility's Marketing Department located in Orange County, California, USA. By accessing this Website, you agree to submit to the exclusive personal jurisdiction and venue of the Courts of Orange County, California and to the United States District Court for the Central District of California. You also agree with Agility that any disputes or matters arising out of or related to your use of this Website shall be governed under the laws of the State of California, excluding (i) California's conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods.
© Copyright 2007 Agility Holdings Inc. All Rights Reserved.