Terms of Use
Introduction
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB
SITE (THE “WEB SITE”). THESE WEB SITE TERMS OF USE (THE “TERMS OF USE”)
GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE
FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE
SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT
ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND
THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY
YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
1. User Eligibility
The Web Site is provided by Estacio Global LLC and available only to
entities and persons over the age of legal majority who can form legally
binding agreement(s) under applicable law. If You do not qualify, You
are not permitted to use the Web Site.
2. Scope of Terms of Use
These Terms of Use govern Your use of the Web Site and all applications,
software and services (collectively, “Services”) available via the Web
Site, except to the extent such Services are the subject of a separate
agreement. Specific terms or agreements may apply to the use of certain
Services and other items provided to You via the Web Site (“Service
Agreement(s)”). Any such Service Agreements accompany or are listed in
association with or through a hyperlink associated with the applicable
Services.
3. Modifications
Estacio Global may revise and update these Terms of Use at any time.
Your continued usage of the Web Site after any changes to these Terms of
Use will mean You accept those changes. Any aspect of the Web Site may
be changed, supplemented, deleted or updated without notice at the sole
discretion of Estacio Global. Estacio Global may also change or impose
fees for products and services provided through the Web Site at any time
in its sole discretion. Estacio Global may establish or change, at any
time, general practices and limits concerning other Estacio Global
products and services in its sole discretion.
4. Estacio Global Rate and Service Guide and Tariff
In addition to any other terms and conditions that may be applicable to
such transaction as provided in these Web Site Terms of Use and the
Service Agreement(s), the Estacio Global Rate and Service Guide
applicable to You and the Estacio Global Tariff (to the extent it is
applicable to You) in effect at the time of shipment govern Your use of
Estacio Global transportation and related services.
5. Estacio Global Privacy Policy
The Estacio Global Privacy Policy governs the use of information
collected from or provided by You at the Web Site. With respect to any
individual whose personal information is provided by You to Estacio
Global, You represent to Estacio Global that You have obtained all
necessary consents for the processing of such personal information
contemplated by the Services You are using and by the Estacio Global
Privacy Policy, including the transfer of such data to the United States
or other countries whose laws may not provide the same level of
protection for the personal data as the laws of the country of origin of
such individual.
6. License and Ownership
Any and all intellectual property rights (“Intellectual Property”)
associated with the Web Site and its contents (the “Content”) are the
sole property of Estacio Global, its affiliates or third parties. The
Content is protected by copyright and other laws in both the United
States and other countries. Elements of the Web Site are also protected
by trade dress, trade secret, unfair competition, and other laws and may
not be copied or imitated in whole or in part. All custom graphics,
icons, and other items that appear on the Web Site are trademarks,
service marks or trade dress (“Marks”) of Estacio Global, its affiliates
or other entities that have granted Estacio Global the right and license
to use such Marks and may not be used or interfered with in any manner
without the express written consent of Estacio Global. Except as
otherwise expressly authorized by these Terms of Use, You may not copy,
reproduce, modify, lease, loan, sell, create derivative works from,
upload, transmit, or distribute the Intellectual Property of the Web
Site in any way without Estacio Global's or the appropriate third
party's prior written permission. Except as expressly provided herein,
Estacio Global does not grant to You any express or implied rights to
Estacio Global's or any third party's Intellectual Property.
Estacio Global grants You a limited, personal, nontransferable,
nonsublicensable, revocable license to (a) access and use only the Web
Site, Content and Services only in the manner presented by Estacio
Global, and (b) access and use the Estacio Global computer and network
services offered within the Web Site (the “Estacio Global Systems") only
in the manner expressly permitted by Estacio Global. Except for this
limited license, Estacio Global does not convey any interest in or to
the Estacio Global Systems, information or data available via the
Estacio Global Systems (the “Information”), Content, Services, Web Site
or any other Estacio Global property by permitting You to access the Web
Site. Except to the extent required by law or as expressly provided
herein, none of the Content and/or Information may be
reverse-engineered, modified, reproduced, republished, translated into
any language or computer language, re-transmitted in any form or by any
means, resold or redistributed without the prior written consent of
Estacio Global. You may not make, sell, offer for sale, modify,
reproduce, display, publicly perform, import, distribute, retransmit or
otherwise use the Content in any way, unless expressly permitted to do
so by Estacio Global.
7. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You
agree that:
(a) You shall not disguise the origin of information transmitted through
the Web Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or
software available via the Web Site in a manner not expressly permitted
by Estacio Global.
(d) You will not input or upload to the Web Site any information which
contains viruses, Trojan horses, worms, time bombs or other computer
programming routines that are intended to damage, interfere with,
intercept or expropriate any system, the Web Site or Information or that
infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Web Site are restricted to customers of Estacio
Global.
(f) You may not use or access the Web Site or the Estacio Global Systems
or Services in any way that, in Estacio Global's judgment, adversely
affects the performance or function of the Estacio Global Systems,
Services or the Web Site or interferes with the ability of authorized
parties to access the Estacio Global Systems, Services or the Web Site.
(g) You may not frame or utilize framing techniques to enclose any
portion or aspect of the Content or the Information, without the express
written consent of Estacio Global.
8. Submissions
Estacio Global does not accept ideas, concepts, or techniques for new
services or products through the Web Site (“Comments”). If such Comments
are received, You acknowledge that (a) they will not be considered
confidential or proprietary, (b) Estacio Global and its affiliates are
under no obligation to keep such information confidential, and (c)
Estacio Global will have an unrestricted, irrevocable, world-wide,
royalty free right to use, communicate, reproduce, publish, display,
distribute and exploit such Comments in any manner it chooses.
9. Termination
You agree that Estacio Global, in its sole discretion, may terminate or
suspend Your use of the Web Site, the Estacio Global Systems,
Information, Services and Content 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 suspension or termination, You must immediately (a)
discontinue use of the Web Site, and (b) destroy any copies You have
made of any portion of the Content. Accessing the Web Site, the Estacio
Global Systems, Information or Services after such termination,
suspension or discontinuation shall constitute an act of trespass.
Further, You agree that Estacio Global shall not be liable to You or any
third party for any termination or suspension of Your access to the Web
Site, the Estacio Global Systems, Information and/or the Services.
10. Disclaimer of Warranties
ESTACIO GLOBAL MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED
FROM USING THE WEB SITE, THE ESTACIO GLOBAL SYSTEMS, THE SERVICES, THE
INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEB SITE, THE Estacio Global SYSTEMS, THE INFORMATION, THE SERVICES
AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. Estacio Global, ITS
LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS
FOR A PARTICULAR PURPOSE. Estacio Global AND ITS AFFILIATES, LICENSORS
AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY,
COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR
SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE Estacio
Global SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED BY Estacio Global IN THESE
TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE
LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU
ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED,
IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE
THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED
IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT Estacio
Global IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, Estacio Global IS
RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL Estacio Global, ITS AFFILIATES, ITS LICENSORS, ITS
SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR
ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE,
THE Estacio Global SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER
BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT Estacio Global IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN
THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY
PROVIDED FOR IN THESE TERMS OF USE.
12. Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable
laws, rulings and regulations and in a fashion that does not, in the
sole judgment of Estacio Global, negatively reflect on the goodwill or
reputation of Estacio Global and shall take no actions which would cause
Estacio Global to be in violation of any laws, rulings or regulations
applicable to Estacio Global.
Estacio Global and the Web Site are based in the United States. The
United States and certain other jurisdictions control the export of
products and information. You agree to comply with all such applicable
restrictions and not to export or re-export the Content (including any
software or the Services) to countries or persons prohibited under the
United States or other applicable export control laws or regulations. If
You access and download the Content (including any software or the
Services) or Information, You represent that You are not in a country
where such export is prohibited or are not a person or entity to which
such export is prohibited. You are solely responsible for compliance
with the laws of Your local jurisdiction and any other applicable laws
regarding the import, export, or re-export of the Content (including any
software or the Services).
13. General
You may not assign these Terms of Use or any of Your interests, rights
or obligations under these Terms of Use. If any provision of these Terms
of Use is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which shall
remain in full force and effect. No waiver of any of these Terms of Use
shall be deemed a further or continuing waiver of such term or condition
or any other term or condition.
14. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER
WRITTEN AGREEMENT BETWEEN YOU AND Estacio Global OR IN THE APPLICABLE
Estacio Global RATE AND SERVICE GUIDE OR Estacio Global TARIFF, THESE
TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND Estacio
Global WITH RESPECT TO THE USE OF THE WEB SITE, THE Estacio Global
SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED
THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS
AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.