THE FOLLOWING TERMS AND
CONDITIONS GOVERN YOUR USE OF URBAN DISPATCH.COM. YOUR VIEWING
OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF
OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY
"YOU" OR "YOUR"), TO ALL OF THE TERMS
AND CONDITIONS PROVIDED BELOW. URBAN DISPATCH MAY MAKE FUTURE
CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT
ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE
OF URBANDISPATCH.COM WILL CONSTITUTE YOUR AGREEMENT TO THE
CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS
AND CONDITIONS PROVIDED THROUGHOUT URBANDISPATCH.COM GOVERNING
YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION
AND APPLICATIONS AVAILABLE THROUGH URBANDISPATCH.COM.
Section 1. Use.
Urban Dispatch.com is provided
solely for the use of current and potential Urban Dispatch
customers to interact with Urban Dispatch and may not be
used by any other person or entity, or for any other purpose.
Specifically, all tracking, zone, rating, drop-off and other
information may only be used by current and potential Urban
Dispatch customers. The use of automated dial-in or inquiry
devices to obtain information through UrbanDispatch.com
is strictly prohibited. Urban Dispatch does not accept ideas,
concepts, or techniques for new services or products through
UrbanDispatch.com. If such information is received, it will
not be considered confidential and Urban Dispatch will be
deemed free to use, communicate and exploit such information
in any manner it chooses.
Section 2. UrbanDispatch.com Registration.
You may choose to register with
UrbanDispatch.com Registration to simplify your access to
interactive features on Urban Dispatch.com. In the future,
Urban Dispatch may add other features, which may be accessed
through UrbanDispatch.com Registration. In such event, previously
registered users will not be required to re-subscribe at
UrbanDispatch.com Registration.
By registering with UrbanDispatch.com Registration, You
agree to provide accurate and current information about
Yourself as prompted by the Urban Dispatch.com Registration
form and maintain and promptly update Your profile information
to keep it accurate and current. If you provide any information
that is inaccurate or not current, or Urban Dispatch has
reasonable grounds to suspect that such information is inaccurate
or not current, Urban Dispatch has the right to suspend
or terminate Your UrbanDispatch.com Registration.
By registering at UrbanDispatch.com Registration, you will
select a User I.D. and Password. You are responsible for
maintaining the confidentiality of the Password and User
I.D., and you are responsible for all activities that occur
under Your Password and User I.D. You agree to (a) immediately
notify Urban Dispatch of any unauthorized use of Your User
I.D. and Password, and (b) ensure that You exit from Your
UrbanDispatch.com session at the end of each visit.
Section 3. Changes to UrbanDispatch.com.
Urban Dispatch.com and its content,
including without limitation the information, graphics,
products, features, functionality, services, and links (collectively
the "Content") may be changed, deleted or updated
without notice.
Section 4. Term.
Urban Dispatch may discontinue,
suspend or modify UrbanDispatch.com at any time without
notice, and Urban Dispatch may block, terminate or suspend
Your and any user's access to Urban Dispatch.com at any
time for any reason in its sole discretion, even if access
continues to be allowed to others.
Section 5. Ownership.
UrbanDispatch.com and its Content
are protected by Canada, The United States and international
copyright, trademark and other laws. ? 1995-2003 Urban Dispatch
Logistics Inc. All rights reserved. Specifically, Urban
Dispatch does not convey to anyone, through allowing access
to UrbanDispatch.com, any ownership rights in UrbanDispatch.com
or in any Content appearing on or made available through
Urban Dispatch.com.
Section 6. Disclaimer of Warranty.
URBANDISPATCH.COM AND ITS CONTENT
ARE PROVIDED "AS IS". URBAN DISPATCH AND ITS LICENSORS
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY
TO USE URBANDISPATCH.COM AND ITS CONTENT.
Section 7. Limitation of Liability.
USE OF URBANDISPATCH.COM AND ITS
CONTENT IS AT YOUR SOLE RISK. URBAN DISPATCH WILL IN NO
EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING
THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL
OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS
IN OR THE USE OF OR INABILITY TO USE URBANDISPATCH.COM AND
ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS,
EVEN IF YOU HAVE ADVISED URBAN DISPATCH OF THE POSSIBILITY
OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree
to indemnify and hold harmless Urban Dispatch Logistics
Inc. and its subsidiary corporations and their respective
officers, directors, employees and agents from any and all
claims, demands, causes of actions, liabilities, damages,
costs and expenses, including reasonable attorneys' fees,
arising out of Your use or viewing of UrbanDispatch.com
and its Content.
Section 9. Urban Dispatch Service
Guide.
The terms and conditions for using
Urban Dispatch delivery and related services are contained
in the most current version of the Urban Dispatch Service
Guide. The most current version of the Urban Dispatch Service
Guide will control in the event of any conflict between
any Urban Dispatch delivery or related service information
on UrbanDispatch.com and the delivery or related service
information contained in the most current version of the
Urban Dispatch Service Guide.
Section 10. Links to other web
sites.
There are links on Urban Dispatch.com
site which allow You to visit the sites of third parties.
Neither these sites nor the companies to whom they belong
are controlled by Urban Dispatch. Urban Dispatch makes no
representations concerning the information provided or made
available on such sites nor the quality or acceptability
of the products or services offered by any persons or entities
referenced in any such sites. Urban Dispatch has not tested
and makes no representations regarding the correctness,
performance or quality of any software found at any such
sites. You should research and assess the risks which may
be involved in accessing and using any software on the Internet
before using it.
Section 11. Privacy Policy.
To access the Urban Dispatch Privacy
Policy governing the use of information acquired from You
through Urban Dispatch.com go to: www.urbandispatch.com/privacy.shtml
Section 12. Export.
You assume all responsibility
for compliance with all laws and regulations of Canada and
the United States and any other country from which You may
access UrbanDispatch.com regarding access, use, export,
re-export and import of any Content appearing on or available
through UrbanDispatch.com. You acknowledge and agree that
you will not export or import any Content to any country
to which export or import is restricted under United States
and Canadian law, that You are not a national of any such
country, and that the Content will not be used in the design,
development or production of nuclear, chemical or biological
weapons.
Section13. Controlling Law and
Severability.
This Agreement and Your
use of UrbanDispatch.com is governed by and construed in
accordance with the laws of Canada and the Province of
Alberta, excluding its conflict of laws provisions. If for
any reason a court of competent jurisdiction finds any provision
of this Agreement, or a portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to Urban Dispatch.com or
this Agreement must be instituted within one year after
the claim or cause of action has risen or be barred and
must be brought in a court of competent jurisdiction within
Seattle County, Washington for U.S. claims or within the
City of Calgary, Alberta for Canadian claims. This Agreement
may not be changed or modified without the written consent
of Urban Dispatch.