STATED BELOW ARE THE TERMS AND CONDITIONS UNDER
WHICH CUSTOMERS ARE PERMITTED TO USE THE SMARTSHIP MANAGER AT JETDELIVERY.COM.
PLEASE REVIEW THIS INFORMATION AND PRINT THE MATERIAL FOR YOUR CORPORATE FILES.
BY USING ANY SMARTSHIP MANAGER SERVICES ON THE JET DELIVERY, INC. WEBSITE, YOU
AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ON BEHALF OF YOURSELF
AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT. UPON
ACKNOWLEDGEMENT, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN JET
DELIVERY AND THE CUSTOMER GOVERNING ALL USE OF SMARTSHIP MANAGER.
Article 1. Customer Confidentiality
In accordance with
the terms and conditions set forth in this Agreement, Jet Delivery, Inc.
provides it’s customers with a royalty-free opportunity to use SMARTSHIP
MANAGER. The customer is responsible for maintaining the confidentiality
of all information distributed by Jet Delivery, Inc. This information includes,
but is not limited to customers account number and password. Furthermore,
customer is responsible for designating the appropriate personnel within the
organization to use SMARTSHIP MANAGER.
Article 2. Copyright Information
Jet Delivery, Inc.
holds and retains all worldwide rights, title and interests, including without
limitation, copyright, in and to SMARTSHIP MANAGER. Customer can not copy,
modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse
engineer or disassemble SMARTSHIP MANAGER without the express written consent of
authorized, as defined by senior management upon request, person(s) at Jet
Delivery, Inc.
Article 3. System Changes
Customer
acknowledges and agrees to follow all instructions set forth in reference to the
use of SMARTSHIP MANAGER. Instructions include but are not limited to
information on the corporate website and available customer information at
corporate headquarters. Furthermore, Jet Delivery, Inc. maintains the right to
modify and/or terminate SMARTSHIP MANAGER at any time for any reason without
notice.
Article 4. Customer Risk
Customer
acknowledges and agrees that SMARTSHIP MANAGER is made available at Customers
sole risk. In now way does Jet Delivery, Inc. guarantee the accuracy,
reliability, or function ability of SMARTSHIP MANAGER. Under no
circumstances, shall Jet Delivery, Inc. be liable for any damages, under any
jurisdiction of law, resulting from the use, or inability of use, of SMARTSHIP
MANAGER.
Article 5. Agreement Conflict
Customer agrees
that all cartage shipments placed on SMARTSHIP MANAGER will be governed by both
the “Conditions of Cartage” and this agreement. Copies of both terms are
accessible upon request. If a conflict between the “Conditions of
Shipment” and this Agreement is present, the legal issues will be solved under
consideration of the terms set forth in the documents, in the order
aforementioned.
Article 6. Address Book
Customer is
encouraged to maintain a back-up copy of their addresses as Jet Delivery, Inc.
is not responsible for the loss of addresses contained in the Address Book. Jet
Delivery, Inc. maintains the right to modify or terminate this feature at any
time for any reason.
Article 7. Privacy Information
If specified by
the customer, Jet Delivery, Inc. will store customer SMARTSHIP MANAGER User ID
and account number in the browser for convenience purposes when using SMARTSHIP
MANAGER. If this option is selected, customer should know that unauthorized use
of SMARTSHIP MANAGER may occur as SMARTSHIP MANAGER may be accessible to all
parties with access to customer’s computer. Customer is responsible for, and
agrees to pay, all charges incurred under their SMARTSHIP MANAGER User ID and
account number.
Article 8. Legal Jurisdiction
This Agreement
shall be governed by the laws of the United States and the State of California,
without reference to its conflicts of law provisions. If a portion of this
agreement is found by a competent court of jurisdiction to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
effect the intent of the parties and the remainder of this Agreement shall
remain in full force and effect. Jet Delivery, Inc. must be properly notified in
a written statement by an attorney representing customer within six months of
any legal action, with respect to SMARTSHIP MANAGER, or it will be barred in a
court of competent jurisdiction.
Article 9. Agreement Modifications
Jet Delivery, Inc.
maintains the right to modify this Agreement at any time for any reason.
Modifications to the user agreement that significantly impact parties using the
service (significant as defined by appropriate personnel inside Jet Delivery,
Inc.) shall be posted in the “News” section of the corporate web-page under the
heading of “Changes to User Agreement.” All changes are effective 24-hours
after being made available to parties involved in the agreement, and will be
applicable to future uses of the SMARTSHIP MANAGER platform.
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