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GENERAL TERMS AND CONDITIONS ON USE OF AND PRIVACY POLICY FOR ACCESS TO THE ADS WEBSITE AND ITS EXTRANET APPLICATIONS TERMS AND CONDITIONS
Please read these terms and conditions of use before using this Site. All access and use of the information contained on the Site by you (the "User") of the ADS Logistics, LLC ("ADS") Website ("Site") provided by ADS Logistics, LLC is subject to the following general terms and conditions. By using this Site and any of ADS's products or services, and providing any personally identifiable information to ADS, User consents to this privacy policy. ADS reserves the right to modify, alter, or update this Privacy Statement at any time. ADS will post any revised Privacy Statement on the Site to apprise User of what information is collected, how it is used, and under what circumstances it may be disclosed. Any modifications, alternations, or updates of the ADS Privacy Statement will be effective upon posting, and User's continued use of this Site will constitute User's consent to any revised Privacy Statement.
Security Each User of an ADS Extranet application is given a distinctive password/PIN and agrees to keep it secret. The term "User" shall only include the User who was given the password. Each User is responsible for all actions under their respective User password. ADS shall have no liability for unauthorized use of a User's password.
Disclaimer, Limitation of Liability and Protection of Information All information provided on this Site ("Contents") is subject to change without notice. The content posted on this Site is "as is". ADS disclaims all warranties express or implied, for any services or contents provided on or through this Site, including the implied warranty of merchantability and fitness for a particular purpose. ADS does not warrant that functions contained on this Site will be uninterrupted or error-free, or that this Site or the server are free of viruses or other harmful components.
ADS shall not be liable for indirect, incidental, consequential or special damages, lost profits, lost savings or lost revenues, arising out of or in connection with the use of contents or services provided via this Site, whether or not ADS has been advised of the possibility of such damages, ADS shall not be liable for the breach of any obligation imposed on ADS hereunder or in connection herewith, arising from claims based in warranty, contract, tort (including negligence), strict liability, or otherwise.
Although ADS believes that all of the information contained on its Site is accurate and complete and that it has made every effort to keep this information up-to-date, ADS does not represent or warrant the accuracy or completeness of any information on the Site. ADS places the utmost importance on protecting information transmitted via the Site and will take reasonable security precautions to protect any such information; however, ADS cannot guarantee that any electronic commerce is totally secure. As a result, ADS disclaims any liability resulting from any loss or damage resulting from a breach in the security of the website or loss of Information.
Access and Use of Information Access to this Site is limited to viewing the available web pages and exchanging and submitting information and ideas for ADS and Users, legitimate business purposes. Any attempt to access other areas of ADS's Systems or other information contained on such Systems for any purpose is strictly prohibited and with regard to Extranet applications may result in the termination of User's access to these applications.
Ownership of Contents All Contents contained on or submitted to this Site are subject to the ownership rights of ADS. ADS authorizes Users to make a single copy of Content (but not software) for User's legitimate business use as part of the ADS family. No right, title or interest in any downloaded Contents used on this Site is transferred to the User as a result of any permission to copy or use the Content. User shall not alter or remove any copyright or trademark notice or proprietary legend contained in the Contents. No other permission is granted to User to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any software used in connection therewith. User agrees not to derive or attempt to copy or derive the source code, source files or structure of all or any portion of the Contents, the Site, or any software used in connection therewith by reverse engineering, disassembly, decompiling or otherwise.
Trademarks, Patents, and Other Intellectual Property The ADS Site contains ADS trademarks and service marks ("Marks"). All marks are the property of ADS. All rights in the intellectual property contained in this Site, including copyright, trademarks, trade secret and patent rights are reserved to ADS. Access to this Site does not constitute a right to copy or use any of the intellectual property of ADS or its suppliers, except as specifically provided above.
Hypertext Links This site may be linked to other web sites, which are not maintained by ADS excluding sites with sexual and/or illegal content. ADS is not responsible for the content of those sites, and there is no sponsorship or recommendation by ADS of such sites. ADS disclaims any liability for any loss or damages arising from the use of content or services provided by any third-party service or resource or site. In order to create and maintain links, all Users must comply with these linking terms. Additionally, the Site may offer links to other web sites, which may be governed by information policies and site terms and conditions different from those provided by ADS. ADS does not control, and is not responsible for, the privacy policies or practices of any such site.
PRIVACY POLICY
ADS intends to help its Users retain their privacy while they take advantage of all this Site has to offer. ADS is committed to protecting User's privacy while giving User a better, more efficient, online experience. ADS does not sell customer information; nor does it provide customer information to persons or organizations not affiliated with the ADS family, and ADS contractually requires any person or organization that is affiliated with ADS to protect the confidentiality of ADS customer information.
The Information We Collect The Site may collect various types of information from Users, such as Personal Information pertaining to User, i.e., name, address, telephone number, and General Information, i.e., IP address, domain name, and the pages accessed while visiting the Site. ADS may also retain the content of the communications with Users or may use cookies or automatic data collection devices.
Use of Information ADS may use User's Personal Information to operate this Site, to communicate with User or to compile general demographic and business statistics. This information is also collected to aggregate statistical information, facilitate system administration, and improve the contents of the Site. ADS may also use information collected to notify Users of changes to the Site, and for any other legitimate and lawful business purposes, as determined by ADS.
Disclosure of Information ADS may also disclose User's Personal or General Information if such disclosure is required by law or is pursuant to the good-faith belief that such action is necessary to: (a) protect and defend the rights or property of ADS, the Site or other Users, and (b) act to protect the personal safety of Users, of ADS, the Site or the public. AT ADS's sole discretion, it may transfer Personal Information to successors in interest or assigns.
Contacts As part of your participation in this Site, ADS may allow you to receive or not receive certain information and e-mail and may send you certain information and e-mail.
NOTICE - GENERAL PROVISIONS
Force Majeure ADS shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, sever weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond control of ADS in the conduct of its business.
Agreement to Terms and Conditions Access to and use of this Site by a User shall form an acknowledgement and acceptance by such User of these terms and conditions and this privacy policy.
Independent Contractors ADS and User are independent contractors. User is not authorized to and shall not make any representations on behalf of or which are binding upon ADS.
Separability If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.
Updates To This Agreement ADS reserves the right to modify or amend this Agreement at any time, and from time to time. Any changes to this Agreement will be posted on the site.
Governing Law; Limitations This Agreement shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Illinois, United State of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provision of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
Dispute Resolution Actions by ADS for nonpayment by the User for services rendered by ADS, or for redress of other breaches by the User of this Agreement may be brought by ADS, at its option, before any judicial court of competent jurisdiction. At ADS's option, disputes between the User and ADS, including all claims for non-performance by ADS, shall be finally settled by arbitration in Chicago, Illinois, USA, under the Rules of the American Arbitration Association, and with respect to matters not regulated by those rules, all such disputes shall incorporate the UNCITRAL arbitration rules. Arbitrators shall be appointed in accordance with said Rules and any consistent provisions of the internal laws (except conflict of law rules) of the State of Illinois, USA.
Questions Questions regarding ADS or this Site should be directed to Dawn Thrasher, Director, Communications & Public Relations, ADS Logistics, LLC, 935 W. 175th Street, Homewood, IL 60430, phone: 708-922-2024, fax: 708-499-5935, e-mail: dthrasher@adslogistics.com |