1. GENERAL. Modalgistics, a business division of Norfolk Southern, (for the purposes of these terms and conditions "Modalgistics" shall mean collectively Modalgistics, Norfolk Southern Corporation, Norfolk Southern Railway Company, and all subsidiaries and affiliates of Modalgistics and/or Norfolk Southern Corporation) makes available the information contained in modalgistics.com ("this Site") subject to the terms and conditions below. Your use of this Site constitutes your acceptance of these terms and conditions without modification by you.
2. LIMITED LICENSE. This Site is solely intended for the convenience of the customers of Modalgistics. Modalgistics reserves the right to exclude from this Site any person at any time with or without cause. Modalgistics reserves the right at its sole discretion to terminate your access to this Site at any time with or without cause. Your access to this Site constitutes a revocable, nonexclusive limited license to access this Site under the terms and conditions of this agreement solely for the purposes of conducting business with Modalgistics or any its affiliates and subsidiaries. The documents and information received from this Site are solely for your own use and are not to be sold, released, licensed or distributed to third parties. You agree not to transmit to this Site any unlawful, pornographic, libelous, harassing or otherwise prohibited or objectionable material.
3. ACCURACY OF INFORMATION. The information provided by this Site is provided "AS IS". Your use of this Site is solely at your own risk. Modalgistics will use its best efforts to provide accurate and complete information; however, Modalgistics does not guarantee or represent that the information provided through this Site will be free from error, current or complete.
4. SITE. Modalgistics may at its discretion change or eliminate the features of this Site or cease operation of this Site without notice to you.
5. PASSWORD SECURITY. You agree to keep confidential your user identification and/or password. You agree to notify Modalgistics immediately in the event that your user identification and/or your password is compromised, lost or stolen.
6. TRANSMISSION SECURITY. Transmission of information through the Internet is inherently not secure and might result in the loss, corruption or disclosure of the material. You accept all risks regarding the security and confidentiality of your transmissions to and from this Site.
7. LINKS. Modalgistics may from time to time provide links from this Site to other sites as a convenience to you. Your use of such other Sites is solely at your own risk. Modalgistics is not responsible for the content of any other site and neither warrants the accuracy of nor endorses the content of such other Sites.
8. CONFIDENTIALITY. You agree to take reasonable steps to maintain the confidentiality of the information that you receive from this Site and agree not to disclose the confidential information of Modalgistics, including but not limited to prices, services and conditions of service, to others except as permitted for the purposes allowed by this limited license.
9. PRIVACY. Modalgistics will use reasonable efforts to maintain the privacy of the information that you deliver to Modalgistics through this Site; however, Modalgistics shall be free to make whatever use of this information that it so determines for its own internal purposes. Receipt of information by Modalgistics does not obligate Modalgistics in any fashion with regard to the information. Modalgistics will monitor transmissions made to and from this Site. Please be aware that Modalgistics may on occasion be required under the law to release your confidential information to governmental agencies and bodies and other third parties. When required to do so by law or process of law, Modalgistics will comply with such a demand to provide your confidential information.
10. COOKIES. This Site contains "cookies" put into place by Modalgistics. Modalgistics makes use of the information derived from these cookies for its own internal purposes.
11. INVESTMENT DECISIONS AND FORWARD LOOKING INFORMATION. The information contained in this Site is not intended to qualify, amend, modify, supplement or in any other fashion change any information disclosed by Modalgistics under applicable federal and state corporate and securities laws.
12. INTELLECTUAL PROPERTY. The information found on this Site will contain the trademarks, trade names, logos and service marks of Modalgistics and/or other companies and is protected by the copyright and trademark laws of the United States of America and of other countries with regard to such trademarks, trade names, logos and service marks. The use of these trademarks, trade names, logos and service marks on this Site does not imply a license to you of any nature to make use of them. Unauthorized use of these trademarks, trade names, logos and service marks is prohibited. Any rights not granted to you under this agreement are reserved to Modalgistics.
13. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY. Modalgistics specifically disclaims any Warranties, express or implied, with regard to this site, its software and the information provided through this site, including but not limited to warranties of merchantability or fitness for a particular purpose. Modalgistics does not warrant that this site will meet your requirements or that this site will be in operation at all times. Modalgistics does not warrant that this site will be without error or virus free. Modalgistics does not assume any responsibility whatsoever arising out of your use of this site, regardless of whether negligence on the part of Modalgistics may have caused or contributed to any loss or damage suffered by you as a result of using or relying upon this site. In no event under any theory of law, whether contract, tort, warranty, or otherwise, shall Modalgistics have any liability to any person for incidental, special, consequential, or exemplary damages of any description, including but not limited to, damages for loss of profits, cost of capital or business interruption expenses as a result of your use of this site. The foregoing disclaimer of warranties and limitation of liability shall extend to include not only Modalgistics but any other corporate subsidiaries or affiliates of Norfolk Southern Corporation or Norfolk Southern Railway Company.
14. NO THIRD PARTY BENEFICIARIES. This agreement is not intended to inure to the benefit of any third-party.
15. NO JOINT VENTURE. Your use of this Site and the information provided from under this agreement does not constitute a joint venture, partnership or agency relationship between you and Modalgistics.
16. ENCRYPTION. This Site uses encryption technology that might be controlled for export under the laws of the United States of America. You agree to comply with the requirements of such laws in the event that you fall within the controlled categories defined under these laws.
17. GOVERNING LAW. This Site is controlled by Modalgistics from its offices in Norfolk, Virginia. By accessing this Site, you agree that all matters relating to your use of this Site shall be governed by the laws of the Commonwealth of Virginia. You also agree to the exclusive personal jurisdiction and venue of the courts of the City of Norfolk, Virginia, with regard to such matters.
18. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties with regard to the use by you of this Site. No transmission by you to Modalgistics can serve to modify or amend in any fashion any provision of this agreement. Should any part of this agreement be held by a court of component jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver by Modalgistics of any provision of this agreement shall not constitute either an ongoing waiver of a requirement of this agreement or a waiver of any other breach of this agreement. Notwithstanding the foregoing, Modalgistics may at its discretion and without notice to you change the terms and conditions of this agreement. Any such change will be effective with regard to you for any access by you which occurs after the change in terms and conditions by Modalgistics is made to this Site.