Your use of Transtream is expressly conditioned on your acceptance of the following terms and conditions. By accessing and using Transtream, you are agreeing to be bound by these terms and conditions. If you do not agree with any part of the terms and conditions, please do not use Transtream.
This Agreement, which incorporates by reference other provisions applicable to the use of Transtream, including, but not limited to, disclaimers and other limitations governing the use of this site, sets forth the terms and conditions that apply to the use of Transtream by any Subscriber. The right to use Transtream is personal to each Subscriber and is not transferable to any other person or entity. Each Subscriber is responsible for all use of such Subscriber’s account (under any screen name or password) and for insuring that all use of Subscriber’s account complies fully with the provisions of this Agreement.
Each Subscriber shall be responsible for protecting the confidentiality of such Subscriber’s password(s), if any. Transtream shall have the right at any time to change or discontinue any aspect or feature of this site or any service available through this site including, but not limited to, the hours of availability, the rules for usage, and the equipment necessary for use.
2. Revised Terms:
Transtream shall have the right at any time to change or modify the terms and conditions applicable to any Subscriber’s use of the site, or a part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions will be effective on the effective date included in the notice, which may be given by any reasonable means, including, but not limited to, posting an updated version of these terms and conditions on the website or furnishing notice through electronic or conventional mail, or by any other means through which the Subscriber obtains notice thereof. Any use of the Transtream site by a Subscriber after such date will be deemed to constitute acceptance of such changes, modifications and alterations.
This site and each of its modules are the copyrighted property of Pierbridge and/or its various third party providers and distributors. Much of the content found on this site is owned by third party providers and distributors. None of the content or data found on this site may be reproduced, sold, transferred or modified without the express written consent of Pierbridge and any applicable third party providers and distributors. Each Subscriber acknowledges that he does not acquire any ownership rights by downloading any copyrighted material.
Subscribers also agree not to upload, post or otherwise make available on Transtream any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. Subscribers will be solely liable for any damage resulting from any infringement resulting from any copyrights, proprietary rights or any other harm resulting from such submission. By submitting material to any public area of the site, each submitting Subscriber automatically warrants that the owner of such material has expressly granted Transtream the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works of any form, medium or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants to Transtream the right to edit, copy, publish and distribute any materials made available on Transtream by such Subscriber.
4. Third Party Services:
This site may contain links to, or otherwise enable Subscriber to access and use, applications or services that are made available by a third party service provider (e.g., FedEx or UPS). Such third party services are not provided by Pierbridge, and Pierbridge accepts no responsibility or liability for (i) the quality, security, reliability or any other aspect of such third party services, or (ii) the use, disclosure or protection of any data transmitted or provided by or on behalf of Subscriber to the third party service provider or others in the course of accessing or using the third party services. Third party services may be subject to separate terms and conditions imposed by the service provider. For example, use of FedEx services will be subject to the terms found at http://www.fedex.com/us/developer/product/wsla_corp.pdf, and use of UPS services will be subject to the terms found at https://www.ups.com/assets/resources/media/UTA_with_EUR.pdf.
5. Disclaimer of Warranty:
Subscriber agrees that the use of Transtream is at Subscriber’s sole risk. Neither Pierbridge, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that Transtream will be uninterrupted or error free; nor do they make any warranty as to the result that may be obtained from use of Transtream, or as to the accuracy, reliability, or content of any information or service provided through Transtream.
THE SITE AND THE SERVICES AVAILABLE VIA THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. THERE IS NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE SERVICES OR ANY OF THE INFORMATION AVAILABLE ON THE SITE. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT.
6. Limitation of Liability:
IN NO EVENT WILL PIERBRIDGE, ANY OF ITS LICENSORS, OR ANY PARTY PROVIDING OR TRANSMITTING INFORMATION TO YOU ON THE SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, LOSS OF GOODWILL, AND ANY LOSSES AND DAMAGES THAT MAY RESULT FROM USE OF THE INFORMATION OR SERVICES AVAILABLE ON THE SITE OR FOR THE INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH INFORMATION OR SERVICES, OR FOR DEFECTS, OMISSIONS OR INACCURACIES IN THE INFORMATION OR SERVICES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND, AS A CONDITION TO ACCEPTING SUCH INFORMATION OR SERVICES, YOU EXPRESSLY WAIVE ANY CLAIM THAT YOU MAY HAVE AGAINST PIERBRIDGE , ITS LICENSORS, OR ANY INFORMATION PROVIDER, OR ANY OTHER PERSON WITH RESPECT TO SUCH INFORMATION OR SERVICES. IN NO EVENT WILL PIERBRIDGE, ITS LICENSORS, OR ANY PARTY PROVIDING OR TRANSMITTING INFORMATION TO YOU ON THE SITE BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE FEES YOU PAID TO PIERBRIDGE FOR USE OF THE PARTICULAR INFORMATION OR SERVICE TO WHICH THE CLAIM RELATES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR LICENSORS AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Pierbridge reserves the right to terminate your access to the site and any services or information thereon and to take any other actions Pierbridge deems appropriate, in its sole discretion, without limitation for any reason whatsoever, including, but not limited to, the unauthorized use of your Transtream account, breach of this Agreement or discontinuance of Transtream access to any information or services on the site or termination of any one or more agreements between Transtream and any information or services provider.
Pierbridge will have the right, but not the obligation, to monitor the content of Transtream, to determine compliance with this Agreement and any operating rules established by Transtream to satisfy any law, regulation or government request. Pierbridge will have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on Transtream, Pierbridge will have the right to remove any material that Pierbridge , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Pierbridge , its affiliates, officers, employees, directors and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Transtream, or the Subscriber’s account.
10. Miscellaneous: This Agreement and any operating rules of Transtream constitute the entire agreement of the parties with respect to subject matter hereof, and supersede all previously written or oral agreements between the parties with respect to such subject matter. Pierbridge licensors are third party beneficiaries of this End User License Agreement to the extent of their interests and shall have the right to enforce its terms against Subscriber. This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to conflict of law rules. No waiver by either party by any breach or default hereunder will be deemed to be a waiver of any proceeding or subsequent breach of default. The section headings used herein are for convenience only and are not to be giving any legal import.