| Disclaimer
Temperature Controlled Logistics, LLC,
agrees to allow you access to its website ("Website") conditional
upon your acceptance and compliance with the terms, conditions, notices
and disclaimers contained in this document ("Terms of Use"). Your
use of, and/or access to, the Website constitutes your agreement to the
Terms of Use. Temperature Controlled Logistics, LLC reserves the right to amend the Terms of Use at
any time. Since you are bound by these Terms of Use, you should
periodically refer to them in this document and elsewhere on the
Website.
Intellectual property and restrictions on use of Content on the
Website
All information, text, material, graphics, software and advertisements
on the Website ("Content") are Copyright © 2003-2005-2004
Temperature Controlled Logistics, LLC, its
suppliers and/or licensors unless expressly indicated otherwise on the
Website. The Content is protected by the United States of America and
international copyright and trademark laws. Content on the Website is
published in real-time, and you must not modify, copy, reproduce,
republish, frame, upload to a third party, post, transmit or distribute
this Content in any way except as expressly provided for on the Website
or expressly authorized in writing by Temperature Controlled Logistics, LLC Strictly on the
condition that you keep all Content intact and in the same form as
presented on the Website (including without limitation all copyright,
trademark and other proprietary notices and all advertisements), you may
use an industry-standard Web browser, download and view the Content for
your personal use. You must not use the Website in any manner or for any
purpose which is unlawful or in any manner which violates any right of
Temperature Controlled Logistics, LLC or which is prohibited by the Terms of Use.
User license to
Temperature Controlled Logistics, LLC
By placing any information or other material on the Website (including
posting messages, uploading files, inputting data or engaging in any
other form of communication), you grant to Temperature Controlled Logistics, LLC a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide
license to do the following in respect of the information or material:
1. Use, copy, sublicense, redistribute, adapt, transmit, publish
and/or broadcast, publicly perform or display, and
2. Sublicense to any third parties the unrestricted right to
exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary
rights in any such information or other material including but not
limited to rights under copyright, trademark, service mark or patent
laws under any jurisdiction worldwide. You expressly waive in favor of
Temperature Controlled Logistics, LLC and any other party authorized by Temperature Controlled
Logistics, LLC all moral rights and
any similar rights in any jurisdiction which you may have or hereafter
acquire in respect of any relevant communication or other material. At
the request and expense of Temperature Controlled Logistics, LLC, you will execute and deliver to
Temperature Controlled Logistics, LLC such instruments and take such other actions as may be required
to carry out this grant of license and waiver.
Links to third party websites
The Website contains hyperlinks and other pointers to Internet websites
operated by third parties. These linked websites are not under the
control of Temperature Controlled Logistics, LLC, and Temperature Controlled Logistics, LLC is not responsible for the contents of
any linked web or any hyperlink contained in a linked website.
Temperature Controlled Logistics, LLC
provides these hyperlinks to you as a convenience only, and the
inclusion of any link does not imply any endorsement of the linked
website by Temperature Controlled Logistics, LLC; you link to any such website entirely at your own
risk.
Under no circumstances (including but not limited to any act or
omission on the part of Temperature Controlled Logistics, LLC) will Temperature Controlled
Logistics, LLC be liable for any
indirect, incidental, special and/or consequential damages or loss of
profits whatsoever which result from any use or access of, or any
inability to use or access, the Website or any Content.
To the fullest extent permitted by law,
Temperature Controlled Logistics, LLC liability for
breach of any implied warranty or condition which cannot be excluded is
limited at the option of Temperature Controlled Logistics, LLC to, in the case of services supplied
or offered by Temperature Controlled Logistics, LLC, (a) the supply of the services again, or (b) the
payment of the cost of having services supplied again; and in the case
of goods supplied or offered by Temperature Controlled Logistics, LLC (c) the replacement of the
goods or the supply of equivalent goods, (d) the repair of such goods,
(e) the payment of the cost of replacing the goods or acquiring
equivalent goods, or (f) the payment of the cost of having the goods
repaired.
Termination
The Terms of Use are effective until terminated by
Temperature Controlled Logistics, LLC, and
Temperature Controlled Logistics, LLC may terminate this agreement and your access to the Website at
any time without notice. In the event of termination, you are no longer
authorized to access the Website, but all restrictions imposed on you,
licenses granted by you and all Temperature Controlled Logistics, LLC disclaimers and limitations of
liability set out in the Terms of Use will survive.
Miscellaneous
Temperature Controlled Logistics, LLC relies on your continued observance of these Terms of Use. If
Temperature Controlled Logistics, LLC suffers any loss or damage or incurs any costs in connection
with any breach of these Terms of Use or any other legal obligation then
you agree to indemnify Temperature Controlled Logistics, LLC for those losses, damages and costs.
This agreement will be governed by and
construed in accordance with the laws of the state of Oklahoma and the United States of America. You
irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of the state of Oklahoma and the United States of America. If
any provision of this agreement is found to be invalid or unenforceable
by a court of law, such invalidity or unenforceability will not affect
the remainder of the agreement, which will continue in full force and
effect.
All rights not expressly granted herein are reserved.
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