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Site Agreement
The following Agreement sets forth the terms and conditions on which Poly-Trucking
and its past, present and future affiliated entities (“Poly-Trucking”) offers you
and/or your company (“User”) access to and use of this Internet web site (the “Site”).
Any reference to “use” of the Site shall include access to and use of any portion
of the Site and related services.
Use of Site. User may use the Site solely for the purpose of retrieving information
concerning current projects and/or transactions between Poly-Trucking and User and/or
User’s company. Poly-Trucking reserves the right to refuse service, terminate accounts
and take appropriate legal action at its sole discretion, if Poly-Trucking believes
that User’s conduct violates applicable law or is harmful to the interests of Poly-Trucking.
Furthermore, at any time and for any reason without notice or liability, Poly-Trucking
may suspend or terminate the operation of the Site or modify any aspect of the Site
and this Agreement.
Intellectual Property. This site contains valuable intellectual property
owned or licensed by Poly-Trucking. Such intellectual property includes trademarks,
trade names, logos, written content, layout, software, graphics, and the compilation
of all materials on the Site (collectively “Content”), and is protected by United
States and international laws and treaties. Unless otherwise agreed to in writing
by Poly-Trucking, User may not reproduce, distribute, perform, display, or sell
any portion of the Content.
System Integrity. User may not use any technique, device, software, routine
or any other action to interfere or attempt to interfere with the proper working
of the Site or any transaction being conducted herein. User may not take any action,
which imposes an unreasonable or disproportionately large load on the Site or infrastructure.
User may not disclose to or share his/her password or user ID with any unauthorized
third party or use such information for any unauthorized purpose. User may share
his/her user ID and password with any necessary employees at his/her company, provided
that at all times User treats such information with the same degree of care that
his/her company treats its confidential information. User may not deep-link to this
Site or bypass security or encryption processes, or download any information on
the Site other than this Agreement, except as may automatically occur during the
viewing process.
Cookies. “Cookies” are very small data files placed on the User’s computer.
The Cookies do not contain personal information (but may contain User’s encrypted
user ID). Cookies must be enabled in the User’s browser settings for the Site to
function properly.
Law and Jurisdiction. The Site is controlled and operated by Poly-Trucking
in Grand Prairie, Texas, USA. This Agreement and use of the Site shall be governed
by the laws of the State of Texas, USA, without regard for conflicts of law rules.
User hereby agrees that any and all disputes arising from use of the Site or the
Content shall be resolved in proper state or federal courts in Dallas County, Texas.
Breach. In the event Poly-Trucking believes that User is in breach of any
of the terms of this Agreement or any policy or procedures set forth on the Site,
or that User is adversely affecting the performance or security of the Site or its
Contents, Poly-Trucking may, at its sole discretion, without any notice or liability
and in addition to any remedy of law or equity, temporarily suspend or terminate
User’s access to and use of the Site.
Limited Liability.
In no event shall Poly-Trucking be liable for any direct, indirect, special, incidental
or consequential damages (however arising, including negligence), arising out of
or in connection with this Agreement or use of this Site or the Content. User understands
and acknowledges that use of this Site is provided as a convenience, and that this
limitation of liability provision represents a fair allocation of risk.
No Warranties.
User expressly agrees that use of the Site is at its/his/her sole risk and the Site
is provided on an “as is” and “as available” basis. Poly-Trucking makes no representations,
covenants or warranties of any kind, express or implied with regard to the use or
availability of the Site. Poly-Trucking disclaims, and User hereby waives, all warranties,
including without limitation: (1) implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement; (2) that the site will meet
User’s requirements, always be available, accessible, uninterrupted, timely, secure
or operate without error; (3) that the content will be accurate, complete or useful;
(4) any warranty arising from course of dealing or usage of trade; and (5) any obligation,
liability, right, claim or remedy in tort, whether or not arising from the negligence
of Poly-Trucking.
General Release. User agrees to release Poly-Trucking for any direct, indirect,
special, incidental, or consequential damages, regardless of cause, related to this
Agreement or use of the Site or the Content.
General Compliance with Laws. User shall comply with all applicable laws,
statutes, ordinances, rules, regulations and treaties regarding use of the Site
and the Content.
Agency. User agrees that use of this Site does not constitute an engagement
in any agency, partnership, joint venture, employee-employer, franchisor-franchisee
or other type of relationship and no such relationship(s) is/are intended nor created
by this Agreement or use of the Site or Content.
Electronic Signature. The act of entering a user name and password is the
equivalent to signing this Agreement, and by doing so, User represents that he/she
has read, understands and agrees to be bound by the entire Agreement.
Final and Complete Agreement. This Agreement represents the complete agreement
between User and Poly-Trucking concerning the use of the Site and its Content.
Poly-Trucking, Inc. · 2000 West Marshall Drive · Grand
Prairie, TX 75051 U.S.A. · 972-337-7273 © Poly-Trucking, Inc. · All
Rights Reserved