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.
The Web Site is provided by North Star Traffic Service, Inc. 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.
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.
North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc. North Star Traffic Service, Inc. may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. North Star Traffic Service, Inc. may establish or change, at any time, general practices and limits concerning other North Star Traffic Service, Inc. products and services in its sole discretion.
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 North Star Traffic Service, Inc. Rate and Service Guide applicable to You and the North Star Traffic Service, Inc. Tariff (to the extent it is applicable to You) in effect at the time of shipment govern Your use of North Star Traffic Service, Inc. transportation and related services.
The North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc., You represent to North Star Traffic Service, Inc. that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the North Star Traffic Service, Inc. 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 f such individual.
Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of North Star Traffic Service, Inc., 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 North Star Traffic Service, Inc., its affiliates or other entities that have granted North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc.'s or the appropriate third party's prior written permission. Except as expressly provided herein, North Star Traffic Service, Inc. does not grant to You any express or implied rights to North Star Traffic Service, Inc.'s or any third party's Intellectual Property.
North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc., and (b) access and use the North Star Traffic Service, Inc. computer and network services offered within the Web Site (the "North Star Traffic Service, Inc. Systems") only in the manner expressly permitted by North Star Traffic Service, Inc. Except for this limited license, North Star Traffic Service, Inc. does not convey any interest in or to the North Star Traffic Service, Inc. Systems, information or data available via the North Star Traffic Service, Inc. Systems (the "Information"), Content, Services, Web Site or any other North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc.
In addition to other restrictions set forth in these Terms of Use, You agree that:
Your use and access of the Shipping Related Systems and Information are subject to the following terms:
North Star Traffic Service, Inc. 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) North Star Traffic Service, Inc. and its affiliates are under no obligation to keep such information confidential, and (c) North Star Traffic Service, Inc. 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.
You agree that North Star Traffic Service, Inc., in its sole discretion, may terminate or suspend Your use of the Web Site, the North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc. Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that North Star Traffic Service, Inc. shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the North Star Traffic Service, Inc. Systems, Information and/or the Services.
North Star Traffic Service, Inc. MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE North Star Traffic Service, Inc. SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEB SITE, THE North Star Traffic Service, Inc. SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. North Star Traffic Service, Inc., 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. North Star Traffic Service, Inc. 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 North Star Traffic Service, Inc. SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY North Star Traffic Service, Inc. 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.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT North Star Traffic Service, Inc. IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, North Star Traffic Service, Inc. IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL North Star Traffic Service, Inc., 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 North Star Traffic Service, Inc. SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT North Star Traffic Service, Inc. 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.
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 North Star Traffic Service, Inc., negatively reflect on the goodwill or reputation of North Star Traffic Service, Inc. and shall take no actions which would cause North Star Traffic Service, Inc. to be in violation of any laws, rulings or regulations applicable to North Star Traffic Service, Inc.
North Star Traffic Service, Inc. 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).
Except for historical information contained herein, the statements made in this Web Site constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of North Star Traffic Service, Inc. and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, increases in aviation and motor fuel prices, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company's filings with the Securities and Exchange Commission, which discussions are incorporated herein by reference.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE North Star Traffic Service, Inc. SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE North Star Traffic Service, Inc. SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Georgia, U.S.A. excluding (i) Georgia's conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Web Site Terms of Use located at the bottom of the page.
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.
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND North Star Traffic Service, Inc. OR IN THE APPLICABLE North Star Traffic Service, Inc. RATE AND SERVICE GUIDE OR North Star Traffic Service, Inc. TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND North Star Traffic Service, Inc. WITH RESPECT TO THE USE OF THE WEB SITE, THE North Star Traffic Service, Inc. SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu'ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.
By phone or by e-mail, we're always available to you:
North Star Traffic Service, Inc.
210 New Road, Suite 16
Linwood, NJ 08221
1-609-927-9122
Email: info@northstartraffic.com