PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEBSITE.
1. license The NEWGISTICS Site is a copyrighted work belonging to NEWGISTICS. You may not use, reproduce, display, modify, adapt, distribute or transmit the materials posted on the Site except as permitted under these Terms. NEWGISTICS retains all right, title and interest in and to all content materials displayed on or accessible through the Site, and all intellectual property rights related thereto. Nothing contained in these Terms shall be construed as conferring any license or intellectual property right by implication, estoppel or otherwise, and all other rights are expressly reserved.
2. disclaimers UNLESS OTHERWISE EXPRESSLY SPECIFIED BY AGREEMENT OR ON THIS SITE WITH RESPECT TO A SPECIFIC PRODUCT OR SERVICE, THE MATERIALS, SERVICES, AND PRODUCTS ON THIS SITE ARE OFFERED AND PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWGISTICS DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE SITE, MATERIALS AND PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM SCOPE AND PERIOD PERMITTED BY LAW.
3. limitation of liability IN NO EVENT SHALL NEWGISTICS BE LIABLE FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE, OR THE MATERIALS AND CONTENT POSTED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF NEWGISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEWGISTICS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND THE USE OF THIS SITE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO ACCESS THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSIVE OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
4. accuracy of content Because service availability and product descriptions can change quickly, NEWGISTICS does not warrant the accuracy and completeness of the materials provided on the Site. NEWGISTICS may make changes to the materials and products offered on this Site, or to the services and products described in them, at any time without notice. Information at this Site is periodically updated, but it may not be current and complete at the time you visit this Site, and may contain errors or inaccuracies. You are advised not to rely on the Site for any purpose. In no event shall NEWGISTICS be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site.
5. changes and modifications NEWGISTICS reserves the right from time to time to establish or modify the Terms hereunder by updating this posting. By using or accessing the Site subsequent to the posting of any change to these Terms, you agree to be bound by any such revisions and should thus periodically visit this page of the Site to examine the then-current Terms by which you are bound.NEWGISTICS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that NEWGISTICS will not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
8. links to other websites Links on this Site to third-party Sites are provided solely as a convenience to you. If you use these links, you will leave this Site. NEWGISTICS does not control these parties or their website content and the inclusion of any link does not imply any endorsement or representation about them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
10. general You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations applicable to use of the Site. You may not use or export or re-export the materials or products at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Last Updated: July 24, 2008