Terms of Use / Privacy
Definitions
Protrans.com is the web site maintained on the World Wide Web by ProTrans , Inc., an Indiana corporation (“ProTrans” hereinafter). “The site” or “site” refers to ProTrans.com. “User,” or collectively “Users,” refers to any party who accesses the site, whether to post or access content and includes, without limitation, Content Providers. “Content Providers” refers to third parties who post information or other content on the site. “Access” means viewing or otherwise obtaining or requesting information using the site.
Acceptance of Terms
By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement. ProTrans reserves the right to modify these Terms of Use at any time without notice to User. Any change in these Terms of Use is effective immediately upon User’s receipt of notice from ProTrans. Notice can be given by posting new or revised Terms of Use on the site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use.
ProTrans has the exclusive right to control the accessibility, hours of use, and the features on the site. ProTrans can restrict access to any or all portions of the site or remove any information or content from the site at any time. ProTrans reserves the right to monitor use of the site. User is solely responsible for providing the equipment related to accessing the site, including all computer equipment, remote communications equipment, telephone or other equipment.
Privacy
Protrans.com is the web site maintained on the World Wide Web by ProTrans , Inc., an Indiana corporation (“ProTrans” hereinafter). “The site” or “site” refers to ProTrans.com. “User,” or collectively “Users,” refers to any party who accesses the site, whether to post or access content and includes, without limitation, Content Providers. “Content Providers” refers to third parties who post information or other content on the site. “Access” means viewing or otherwise obtaining or requesting information using the site.
Responsibility for User Accounts
Users, including Content Providers. may obtain an account, for example consisting of a login ID and password and/or other identifiers, in order to log in to certain interactive features of this site. Each User is responsible for maintaining the confidentiality of the User’s login ID, password or other identifiers. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under User’s login ID and password. ProTrans reserves the right, in its sole discretion, to refuse service or terminate your account.
Copyright and Marks
All content on the site (with the exception of content provided by Content Providers) are the copyrighted property of ProTrans. Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of ProTrans. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
Users or Content Providers posting their own content on the site pursuant to the terms of these Terms of Use retain the copyright in such material, but they are deemed to have given ProTrans a license to the material sufficient for the purposes of operating the web site, which means ProTrans can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. ProTrans also has the right to remove User or Content Provider content from the site at any time for any purpose.
PROTRANS, “PROTRANS , INC.”, “DEFINING SUPPLY CHAIN MANAGEMENT,” “PROTRANS LOGISTICS” and other ProTrans graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of ProTrans in the U.S. and/or other countries. ProTrans’s trademarks and trade dress may not be used by others, including as part of trademarks and/or as part of domain names, in any manner that is likely to cause confusion.
Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Use any device or other means to harvest information about other Users.
• Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
• Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or ProTrans employee’s computer or other medium used to access the site.
• Post any material on the site that is offensive to any other User. ProTrans maintains the exclusive right to determine what is offensive.
• Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
• Modify the information, including headers, found on the site.
• Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
• Engage in any action which ProTrans determines is detrimental to the use and enjoyment of the site.
• Use the site for any unlawful or defamatory means.
• Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
Disclaimer and Limitation of Liability
Although ProTrans has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Thus, while users may access shipping and delivery information, and ProTrans strives to provide useful and accurate shipping and delivery information, ProTrans cannot guarantee nor warrant the accuracy of any such information provided. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER PROTRANS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF PROTRANS, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. PROTRANS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL PROTRANS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL PROTRANS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
Third Party Content
ProTrans is not the publisher or speaker of any information on the site that is provided by Content Providers or by Users, and ProTrans is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by ProTrans. ProTransassumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
PRICE QUOTES, DESCRIPTIONS OF FACILITIES OR FEATURES, ESTIMATED TIMES OF DELIVERY, AND ALL OTHER INFORMATION PROVIDED ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE A BINDING OFFER FROM PROTRANS, CONTENT PROVIDERS OR ANY OTHER THIRD PARTY THAT HAS PROVIDED THE INFORMATION. USERS MUST NEGOTIATE CONTRACTS DIRECTLY WITH THE CONTENT PROVIDERS, AND PROTRANS IS NOT RESPONSIBLE FOR THE TERMS OF SUCH CONTRACTS.
PROTRANS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY A CONTECT PROVIDER TO USER VIA THIS SITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, PROTRANS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
Indemnification
User agrees to defend, indemnify and otherwise hold harmless ProTrans and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
Security
Users are prohibited from violating or attempting to violate the security of the site. ProTrans will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Termination of Terms of Use Agreement
ProTrans or User may terminate this Terms of Use Agreement at any time at its discretion. In addition to ProTrans’s other rights, ProTrans may terminate access to this site or cancel membership to any service that ProTrans provides on the site, if User breaches the Terms of Use in any way or engages in conduct that ProTrans deems inappropriate. In the event of termination of the Terms of Use, the provisions in this paragraph and the provisions found under the captions “Copyright and Marks,” “Prohibited Conduct,” “Disclaimer and Limitation of Liability,” “Third Party Content,” “Indemnification,” “Security” and “Miscellaneous” shall survive.
Links
ProTrans reserves the right to terminate any link found on the site at any time.
Copyright Protection
ProTrans honors the intellectual property rights of others and asks the same of Users of the site. ProTrans may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide ProTrans with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ProTrans to identify the material;
• Information that is reasonably sufficient to permit ProTrans to contact the complaining party, such as address, telephone number and, if available, e-mail address;
• A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ProTrans can be contacted at:
Marketing Department
8311 North Perimeter Road
Indianapolis, IN 46241
Fax: 317-240-4101
Telephone: 317-240-4100
Email: Marketing@ProTrans.com
Miscellaneous
These Terms of Use constitute the entire agreement between ProTrans and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between ProTrans and User dealing with the subject matter hereof is superseded. If any portion of this Terms of Use Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of these Terms of Use, ProTrans may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. ProTrans’s remedies are cumulative and not exclusive. Failure of ProTrans to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action by User arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. ProTrans makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and User consents to exclusive jurisdiction and venue in such courts for such purpose.
