Access and Use
CHEP grants you a personal, non-exclusive, non-transferable, limited license to Use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Websites or Mobile Applications contained therein). You further agree not to modify the System, or any part thereof, in any form or manner, nor to Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of CHEP. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless agreed to in writing by CHEP.
CHEP may terminate, change, suspend or discontinue any aspect of the System (or any portions or components of the System), including the availability of any features or Services, at any time. CHEP may remove, modify or otherwise change any Content, including that of third parties, on or from the System. CHEP may impose limits on certain features and Services, or restrict your access to parts or all of the System, without notice or liability. CHEP may terminate your use of the System at any time, for any reason, in its sole discretion.
CHEP respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that CHEP owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, technical drawings, configurations, graphics and other materials or files contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content and all such rights are and shall remain the property of CHEP or its licensors and content-providers.
The posting of information or other materials or Content on the System by CHEP does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.
All trademarks on the System are either trademarks or registered trademarks of CHEP, its affiliates or related companies, or its licensors. Such trademarks may not be copied, imitated, or used, in whole or in part, without CHEP’s prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of CHEP or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CHEP. Other trademarks, registered trademarks, product names, and company names or logos displayed on the System are the property of their respective owners. If you believe that your trademarks have been improperly used on the System, please contact us.
Notice Regarding Copyright Agent.
CHEP respects the intellectual property rights of others and requests that users of our System do the same. If you believe that any content on the System violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the applicable portion of the System containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit CHEP to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A representation that the information in the notice 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.
Copyright infringement claims and notices should be sent to: firstname.lastname@example.org
User Conduct – General. Any Use or attempted Use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System (or any portion thereof); (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by CHEP to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not:
(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
(b) Divulge your username and password to others either via the System or otherwise;
(c) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any CHEP representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(e) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
(f) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(g) Use of any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(h) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
(i) Violate any applicable local, state, national or international law;
(j) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(k) Delete or revise any material posted by any other person or entity;
(l) Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses; or
(o) Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
CHEP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or remove any information or materials, in whole or in part, in CHEP’s sole discretion.
Online Communications Through the Site.
Unless otherwise agreed to in writing by CHEP, you agree that any communications, material, or information of any type or nature that you submit or transmit to anyone (including CHEP) through the System (or any of our pages contained on a social media platform or website), by email, posting, messaging, uploading, downloading, or otherwise including (without limitation) questions, comments, suggestions, ideas, plans, notes, account information, or other material, data or information (collectively, “Information”), are non-confidential and, upon transmission of such Information to CHEP, you grant to CHEP an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide, transferable, perpetual, unlimited, assignable, fully paid up, and royalty free license (including but not limited to a copyright license) to copy, perform, display, publish, prepare derivative works of, distribute, process, analyze, use, and commercialize, in any way now known or in the future discovered, such Information (or any content or material contained therein) in any media for any purpose. All Information submitted by you via the System or any social media platform is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Information and that it, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Additionally, by using the System, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the System may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Limitations regarding Site Content.
Additionally, the System may include technical inaccuracies or typographical errors. CHEP shall have no liability in connection with any such inaccuracies or errors, nor shall CHEP have any obligation to identify and/or correct any such inaccuracies or errors.
Links and Third Party Content.
Links to Other Web Sites.
The System may contain links to other websites. These links are provided solely as a convenience to users of the System and do not constitute an endorsement, sponsorship or recommendation by CHEP of -- or responsibility for -- the linked websites, any content, services or products available on or through such sites, or the companies associated with such sites. CHEP disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against CHEP arising from or based upon any such use of other websites. Hyperlinks to other websites that are provided on the System do not imply that: (a) CHEP is affiliated or associated with any linked sites; (b) CHEP is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of CHEP.
Links from Other Web Sites.
All links to any Website must be approved in writing by CHEP, except that CHEP consents to links where:
the link is a text-only link containing only the title of the home page of the Website;
the link “points” only to the home page of the Website and not to deeper pages;
the link displays the home page of the Website full-screen -- i.e., not within a “frame” on the linked website; and
the appearance, position, and other aspects of the link does not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by CHEP, its parent company or its affiliates and related companies, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of CHEP, its parent company, or its affiliates or related companies.
CHEP reserves the right to revoke this consent to link at any time in its sole discretion.You agree that you will promptly remove or disable any hyperlink to the Website upon the written request of CHEP. In no event will you use any logo or trademark of CHEP as a hyperlink "button," or in any other manner, without CHEP’s express written consent.
Third Party Content.
Additionally, the System may contain offers for sale of merchandise or services not provided by CHEP. Such merchandise and services may be obtained only by linking to the applicable merchant's website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, quantity, availability, and description may vary from those shown on the merchant's website. Differences in the terms of an offer between the System and a merchant's website will be governed by the terms shown on the merchant's site. CHEP is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.
THE SYSTEM AND THE CONTENT AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR INFORMATIONAL PURPOSES ONLY. YOU EXPRESSLY AGREE THAT USE OF THE SYSTEM, THE SERVICES, AND/OR THE CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, CHEP, ITS PARENT COMPANY AND ITS AFFILIATES AND RELATED COMPANIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THE SYSTEM, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM THE SYSTEM, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT CHEP DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SYSTEM. EXCEPT AS OTHERWISE AGREED IN WRITING, CHEP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES.
CHEP DOES NOT MAKE ANY WARRANTY THAT THE SYSTEM OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SYSTEM OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES CHEP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SYSTEM OR THE SERVICES, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF SYSTEM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHEP OR THROUGH THE SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Accounts, Passwords, and Security
Certain features or services offered on or through the System may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify CHEP immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by CHEP or any other user of or visitor to the System due to another person using your account, login ID, or password.
In order to use CHEP’s mobile carrier website, you must enter the username and password (“Account Information”) associated with your Transportation Management System (“TMS”) account (“User Account”). The Account Information that you enter will be authenticated through TMS.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. CHEP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on the System. The System is controlled and operated in the United States. IF YOU ARE ACCESSING THE SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THE SYSTEM (OR ANY PORTION THEREOF).
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