Thank you for visiting this DAT Services/TransCore Web site (the "Site").
The following terms and conditions ("Terms and Conditions") govern your use
of this Site. By accessing, viewing, or using the content, material, or
services available on or through this Site, you indicate that you have read
and understand these Terms and Conditions, and that you agree to them and
intend to be legally bound by them. If you do not agree to these Terms and
Conditions, you are not granted permission to use this Site and should exit
immediately.
Proprietary Rights.
TransCore's DAT Services owns or licenses the data, content, graphics, forms,
artwork, and other material for this Site (the "Content"), as well as the
selection, coordination, arrangement, and organization and enhancement of the
Content (also, the "Content") for this Site. Except as indicated, this Site
and Content are owned or licensed by TransCore's DAT Services, and are
©2001 TransCore's DAT Services and/or third party licensors. All rights
reserved. Any use, reproduction, or distribution of this Site or Content (or
Site generated content based upon Customer's input(s)) without TransCore's DAT
Services advance written consent is prohibited, except, however, you may
download one temporary copy of these materials on any single computer, and you
may print one copy of these materials for your use in learning about, evaluating,
or acquiring TransCore's DAT Services' or its licensees' or licensors' services
or products. If you believe that TransCore's DAT Services or any user of this
Site has infringed your copyright in any material way, please notify our Copyright
Agent at transcoreexchange@transcore.com. All trademarks, service marks, and logos
appearing on the Site are proprietary to TransCore's DAT Services or its licensors.
Use or misuse of these trademarks without TransCore's DAT Services' advance written
consent is expressly prohibited.
Re-Use Of Information.
Customer shall use the information provided by TransCore solely for its own internal
business purposes, and shall not reproduce, republish, resell, or distribute such
information in any format, in whole or in part, for sale or commercial use by third
parties. Customer agrees that any violation of this provision is subject to legal a
ction for damages and/or equitable relief by TransCore and by any affected third
party information provider.
Customer acknowledges that inclusion of telephone numbers in Comment Line fields is strictly
prohibited. TransCore reserves the right to remove telephone numbers from Comment Lines
without notice.
Other Sites.
This Site may, from time to time, contain links to other Internet Web sites for the
convenience of users in locating information, products, or services that may be of
interest. These sites and any other sites operated or maintained by third parties
are operated or maintained by organizations over which TransCore's DAT Services
exercises no control, and TransCore's DAT Services expressly disclaims any and all
responsibility for the content, information, links, and other items, the accuracy
and completeness of the information, and the quality of products or services made
available or advertised on these third-party sites. TransCore's DAT Services does
not control, endorse, promote, or have any affiliation with any other Web site
unless expressly stated herein.
Site Content.
You may not frame, capture, harvest, collect, or create hypertext or other links
or connections to any part of the Site or Content without TransCore's DAT Services
advance written consent. While TransCore's DAT Services endeavors to keep the
Content, and other materials on, in, and through this Site up-to-date, TransCore's
DAT Services is not responsible for any errors or omissions in the Content or other
materials. TransCore's DAT Services is not responsible for the accuracy or
completeness of the information, text, graphics, forms, links, advertisements,
or other items contained within this Site. TransCore's DAT Services may make changes
to the Content, this Site, or the products or services made available in connection
with this Site at any time, with or without notice, and makes no commitment to
update any of these items.
Communications
With The Site. TransCore's DAT Services welcomes your feedback and suggestions about
how to improve our products and services and this Site. By transmitting any suggestions,
information, material, or other content (collectively, "User Content") to TransCore's
DAT Services, you automatically grant TransCore's DAT Services the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, redistribute, transmit, perform
and display such User Content (in whole or part) throughout the universe and/or to
incorporate it in other works in any form, media, or technology now known or later
developed for the full term of any rights that may exist in such User Content. Further,
TransCore's DAT Services is free to use any ideas, concepts, know-how, techniques, and
suggestions contained in any communications you send to this Site for any purpose whatever,
including, but not limited to, creating and marketing products or services using such information.
Privacy Statement.
TransCore's DAT Services has a Privacy Statement disclosing what information we collect
about visitors, how we use such information, and the steps we take to secure such information.
Click here to view the Privacy Statement, which is incorporated into these Terms and
Conditions by reference, as if set forth fully herein. Please be advised that the
confidentiality of any communication or material transmitted to TransCore's DAT Services
via the Site or Internet electronic mail cannot be guaranteed, including, for example,
personal information such as your address or name. Alternatively, you may contact
TransCore's DAT Services by telephone at 800.547.5417, inside the United States, or
1.503.643.4331, outside the United States, or write us at PO Box 23519, Portland
Oregon 97281-3519.
Disclaimer of Warranty and Liability.
THIS SITE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES AND
PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE ON AN "AS IS" BASIS ONLY.
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. TransCore's DAT Services MAKES NO
REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
WITH RESPECT TO THIS SITE AND THE CONTENT ON AND MADE AVAILABLE THROUGH THIS SITE, AND
THE SERVICES AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS AND IMPLIED, WRITTEN
AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND
NON-INFRINGEMENT. ANY AND ALL INFORMATION PROVIDED BY TransCore's DAT Services , UNDER
OR IN CONNECTION WITH THE SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
TransCore's DAT Services shall not be liable for any direct, special, indirect,
incidental, consequential, exemplary, extra-contractual, or punitive damages of
any kind whatsoever, including, without limitation, lost revenues or lost profits,
which may or does result from the use of, access to, or inability to use this Site,
the Content, or the products or services connected therewith, regardless of legal
theory, whether or not any party had been advised of the possibility or probability
of such damages, and even if the remedies otherwise available fail of their essential
purpose. You acknowledge that TransCore's sole obligation and exclusive responsibility
in the event of material and continuing non-conformity, defect or error in the
information of service shall be to take reasonable corrective actions upon discovery
of the problem, and in no event shall TransCore and/or its third party information
provider's cumulative liability under this agreement exceed the total fees paid by
Customer to TransCore during the preceding 30 day period. Some jurisdictions do not
permit the exclusion or limitation of liability for consequential or incidental
damages, and, as such, some portion of the above limitation may not apply to you.
In such jurisdictions, TransCore's DAT Services' liability is limited to the greatest
extent permitted by law.
Indemnification.
You agree to defend, indemnify, and hold harmless TransCore's DAT Services, its
contractors, and all of their respective directors, officers, employees, representatives,
proprietors, partners, shareholders, servants, principals, agents, predecessors,
successors, assigns, and attorneys from and against any and all suits, actions, claims,
proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks,
costs, and expenses (including without limitation attorneys' fees and litigation expenses)
relating to or arising from this Site, your (or your customer's use) use of this Site
(or any derivatives of this Site offered by you), your fraud, violation of law, or
willful misconduct, and any breach by you of these Terms and Conditions.
Some Services
Unavailable Worldwide. This Site may refer to some services or programs that are not
available worldwide, without specifically identifying that the offers are geographically
limited. Our reference to such services or programs does not imply that TransCore's
DAT Services intends to offer such services or programs in all countries or locations.
Securities Information.
This Site and the information contained herein does not constitute an offer or a
solicitation of an offer for the purchase or sale of any securities. This Site may
contain information and press releases about TransCore's DAT Services, and although
this information was believed to be accurate as of the date prepared, TransCore's
DAT Services disclaims any duty or obligation to update such information. To the
extent that any information is deemed to be a "forward looking statement" as defined
in the rules and regulations of the Securities Act of 1933, as amended, such information
is intended to fit within the "safe harbor" for forward looking information and is
subject to material risk factors which may or may not be disclosed herein.
Use of the Internet.
Use of the Internet is solely at your own risk and is subject to all applicable local,
state, national, and international laws and regulations. Neither TransCore's DAT
Services nor its contractors will be liable for any loss resulting from a cause over
which they do not have direct control, including, but not limited to, failure of
electronic or mechanical equipment or communication lines, telephone or other
interconnect problems, computer viruses, unauthorized access, theft, operator errors,
severe weather, earthquakes, natural disasters, strikes or other labor problems, wars,
or governmental restrictions.
Changes.
These Terms and Conditions may be changed at any time, with or without notice; your
continued use of this Site after any change is made to the Terms or Conditions
signifies your understanding of and intention and agreement to be bound by such
change. It is your responsibility to monitor these Terms and Conditions for changes.
Termination.
To preserve the integrity of its services, TransCore reserves the right to suspend
or cancel service at any time without notice if, in TransCore's sole opinion, you
are not handling third party financial or other obligations in a manner generally
acceptable to the industry. TransCore's DAT Services reserves the right to terminate
your access to this Site in the event that you violate these Terms and Conditions or
for any reason whatever or no reason, with or without notice.
Governing
Law and Jurisdiction. These Terms and Conditions represent the entire agreement
between you and TransCore's DAT Services with respect to the subject matter hereof,
supersede any and all prior and contemporaneous written and oral representations,
understandings, and agreements between us, and will be governed by and construed in
accordance with the laws of the State of Oregon without reference to its conflict of
law rules. By accessing, viewing, or using the Content or this Site, you consent to
the jurisdiction of the federal and state courts presiding in Oregon, and agree to
accept service of process by mail and hereby waive any and all jurisdictional and
venue defenses otherwise available. This Site is controlled and operated by TransCore's
DAT Services from its offices within the United States. TransCore's DAT Services makes
no representation that this Site or the Content is appropriate or available for use in
any location or territory, and access to this Site or the Content from locations or
territories where it is illegal is prohibited. The waiver or failure of TransCore's
DAT Services to exercise in any respect any right provided hereunder shall not be
deemed a waiver of such right in the future or a waiver of any of other rights
established under these Terms and Conditions.
Payment for Services.
Unless otherwise provided by your Service Agreement, subscription begins on the date
service is made available and shall continue indefinitely unless terminated in writing
upon 30 days advance notice. TransCore may cancel any or all service without notice if
you violate of any term or condition of this agreement. On termination, TransCore agrees
to remit all prepaid unused subscription fees after adjustment for any multiple month or
location discounts to reflect actual service provided. Payment for additional seats or
partners is due in U.S. funds at the beginning of each month in advance of services.
TransCore may require a security deposit payable in advance of initiating any service.
If any amount due TransCore is not paid as specified, such amount will be subject to a
finance charge, equal to 1-1/2% of the unpaid balance per month (18% per annum).
TransCore shall apply all payments on account first to finance charges, and the remainder,
if any, to the principal. Any additional transaction charges will be invoiced at the
end of the month in which they occur. All billing disputes must be presented in writing
to TransCore within 30 days of invoice date. Direct all inquiries to the Customer Financial
Services department, TransCore Commercial Services, Inc. P.O. Box 23519, Portland,
Oregon 97281-3519, or via FAX at (503) 672-5108.
System Requirements.
Customer agrees to abide by recommended system requirements, including amendments and
upgrades thereto as published by TransCore from time to time, and agrees that TransCore's
products shall not be installed or used on any computer system that does not meet minimum
requirements. Minimum requirements are: A Windows based PC with at least 333MHz CPU,
64MB RAM, 56k Modem, Windows 95 or above, Internet Explorer 5.0 or later, sound card,
15" monitor and Internet access. Recommended: DSL, cable modem, or T1/T3 Internet connection.