This document contains:
4. SwiftShipments Rate and Service Guide and Tariff
6. License and Ownership
7. Restrictions on Use of the Website
8. Access to Shipping Related Systems and Information through the Website
The Website is provided by SwiftShipments 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 Website.Back to top
SwiftShipments grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by SwiftShipments, and (b) access and use the SwiftShipments computer and network services offered within the Website (the "SwiftShipments Systems") only in the manner expressly permitted by SwiftShipments. Except for this limited license, SwiftShipments does not convey any interest in or to the SwiftShipments Systems, information or data available via the SwiftShipments Systems (the "Information"), Content, Services, Website or any other SwiftShipments property by permitting You to access the Website. 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 SwiftShipments. 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 SwiftShipments.
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by SwiftShipments.
(d) You will not input or upload to the Website 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 Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Website are restricted to customers of SwiftShipments.
(f) You may not use or access the Website or the SwiftShipments Systems or Services in any way that, in SwiftShipments's judgment, adversely affects the performance or function of the SwiftShipments Systems, Services or the Website or interferes with the ability of authorized parties to access the SwiftShipments Systems, Services or the Website.
(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 SwiftShipments.
Your use and access of the Shipping Related Systems and Information are subject to the following terms:
(a) The "Shipping Related Systems" are comprised of the ORBX Systems which are used to provide tracking, time in transit, ORBX locations, address validation and other functions and information related to the shipment of packages via ORBX. The Shipping Related Systems and Information gained from such systems ("Shipping Information") are to be used by You solely in connection with packages shipped by or to You or on Your behalf and for no other purpose.
(b) The Shipping Related Systems and Shipping Information are the private property of ORBX. ORBX authorizes You to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for You to ORBX for delivery and for no other purpose. Without limitation, You are not authorized to make the Shipping Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of ORBX. This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
(c) Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
(b) Inbound Links. Linking to any page of the Website other than to http://www.SwiftShipments.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with SwiftShipments. Any website or other device that links to http://www.SwiftShipments.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that SwiftShipments or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with SwiftShipments or any of its affiliates, (e) presenting false information about SwiftShipments products or services, and (f) using any logo or mark of SwiftShipments or any of its affiliates without express written permission from SwiftShipments.
SwiftShipments does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) SwiftShipments and its affiliates are under no obligation to keep such information confidential, and (c) SwiftShipments 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.Back to top
You agree that SwiftShipments, in its sole discretion, may terminate or suspend Your use of the Website, the SwiftShipments 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 Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the SwiftShipments Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that SwiftShipments shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the SwiftShipments Systems, Information and/or the Services.Back to top
SwiftShipments MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE SwiftShipments SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of SwiftShipments, negatively reflect on the goodwill or reputation of SwiftShipments and shall take no actions which would cause SwiftShipments to be in violation of any laws, rulings or regulations applicable to SwiftShipments.
SwiftShipments and the Website 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 Website 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 SwiftShipments 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.Back to top
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE SwiftShipments 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 WEBSITE, THE SwiftShipments SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.Back to top
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.