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PLEASE READ THESE
WEB SITE TERMS OF USE CAREFULLY BEFORE
USING THIS WEB SITE (THE "WEB SITE").
THESE WEB SITE TERMS OF USE (THE "TERMS
OF USE") GOVERN YOUR ACCESS TO AND
USE OF THE WEB SITE. THE WEB
SITE IS AVAILABLE FOR YOUR USE ONLY
ON THE CONDITION THAT YOU AGREE TO
THE TERMS OF USE SET FORTH BELOW.
IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF USE, DO NOT ACCESS OR USE
THE WEB SITE. BY ACCESSING
OR USING THE WEB SITE, YOU AND THE
ENTITY YOU ARE AUTHORIZED TO REPRESENT
("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT
TO BE BOUND BY THE TERMS OF USE.
PRIMO-LOGISTICS, INC.
MAY MAKE FUTURE CHANGES OR MODIFICATIONS
TO THESE TERMS AND CONDITIONS AT ANY
TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT
VIEWING OR USE OF PRIMO-LOGISTICS.COM
WILL CONSTITUTE YOUR AGREEMENT TO
THE CHANGES AND MODIFICATIONS. THERE
MAY BE ADDITIONAL TERMS AND CONDITIONS
PROVIDED THROUGHOUT PRIMO-LOGISTICS.COM
GOVERNING YOUR USE OF PARTICULAR FUNCTIONS,
FEATURES, INFORMATION AND APPLICATIONS
AVAILABLE THROUGH PRIMO-LOGISTICS.COM.
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The Web Site is provided
by Primo Logistics, Inc. 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 Web Site.
PRIMO-LOGISTICS.COM
is provided solely for the use of
current and potential Primo Logistics,
Inc. customers to interact with Primo
Logistics, Inc. and may not be used
by any other person or entity, or
for any other purpose. Specifically,
all shipping, tracking, rating, receiving
Primo Logistics, Inc. invoices and
remitting payment using electronic
funds transfer ("EFT"), drop-off location,
identifying and preparing international
documents, estimating duties and taxes,
and other information and services
may only be used by current and potential
Primo Logistics, Inc. customers for
their own shipments. Use of PRIMO-LOGISTICS.COM
to provide information to or prepare
shipments by or for the benefit of
third party shippers is expressly
prohibited.
The use of automated
dial-in or inquiry devices to obtain
information through PRIMO-LOGISTICS.COM
is strictly prohibited.
Primo Logistics, Inc.
does not accept ideas, concepts, or
techniques for new services or products
through PRIMO-LOGISTICS.COM. If such
information is received, it will not
be considered confidential and Primo
Logistics, Inc. will be deemed free
to use, communicate and exploit such
information in any manner it chooses.
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These Terms of Use
govern Your use of the Web Site and
all applications, software and services
(collectively, "Services") available
via the Web Site, except to the extent
such Services are the subject of a
separate agreement. Specific
terms or agreements may apply to the
use of certain Services and other
items provided to You via the Web
Site ("Service Agreement(s)").
Any such Service Agreements accompany
or are listed in association with
or through a hyperlink associated
with the applicable Services.
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Primo Logistics, Inc.
may revise and update these Terms
of Use at any time. Your continued
usage of the Web Site after any changes
to these Terms of Use will mean You
accept those changes. Any aspect of
the Web Site may be changed, supplemented,
deleted or updated without notice
at the sole discretion of Primo Logistics,
Inc. Primo Logistics, Inc. may
also change or impose fees for products
and services provided through the
Web Site at any time in its sole discretion.
Primo Logistics, Inc. may establish
or change, at any time, general practices
and limits concerning other Primo
Logistics, Inc. products and services
in its sole discretion.
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The Primo Logistics,
Inc. Privacy Policy governs the use
of information collected from or provided
by You at the Web Site. With
respect to any individual whose personal
information is provided by You to
Primo Logistics, Inc., You represent
to Primo Logistics, Inc. that You
have obtained all necessary consents
for the processing of such personal
information contemplated by the Services
You are using and by the Primo Logistics,
Inc. Privacy Policy, including the
transfer of such data to the United
States or other countries whose laws
may not provide the same level of
protection for the personal data as
the laws of the country of origin
of such individual.
The PRIMO-LOGISTICS.COM
web server uses an extended log file
format which captures: date and time
of visit, referring address (location
from which a visitor comes to PRIMO-LOGISTICS.COM),
type of Internet browser, and visitor's
IP address. (Each computer that connects
to the Internet is assigned a unique
number, an IP address, for identification
purposes). The log file does not capture
a visitor's email address
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Any and all intellectual
property rights ("Intellectual Property")
associated with the Web Site and its
contents (the "Content") are the sole
property of Primo Logistics, Inc.,
its affiliates or third parties.
The Content is protected by copyright
and other laws in both the United
States and other countries.
Elements of the Web Site are also
protected by trade dress, trade secret,
unfair competition, and other laws
and may not be copied or imitated
in whole or in part. All custom graphics,
icons, and other items that appear
on the Web Site are trademarks, service
marks or trade dress ("Marks") of
Primo Logistics, Inc., its affiliates
or other entities that have granted
Primo Logistics, Inc. the right and
license to use such Marks and may
not be used or interfered with in
any manner without the express written
consent of Primo Logistics, Inc.
PRIMO-LOGISTICS.COM and its Content
are protected by United States and
international copyright, trademark
and other laws. © 1995-2004 Primo
Logistics, Inc. All rights reserved.
Specifically, Primo Logistics, Inc.
does not convey to anyone, through
allowing access to PRIMO-LOGISTICS.COM,
any ownership rights in PRIMO-LOGISTICS.COM
or in any Content appearing on or
made available through PRIMO-LOGISTICS.COM.
Customer may not copy, modify, translate,
transmit, distribute, adapt, reproduce,
decompile, reverse engineer or disassemble
any part of PRIMO-LOGISTICS.COM or
its Content. . Except as expressly
provided herein, Primo Logistics,
Inc. does not grant to You any express
or implied rights to Primo Logistics,
Inc.'s or any third party's Intellectual
Property.
Primo Logistics,
Inc. grants You a limited, personal,
nontransferable, nonsublicensable,
revocable license to
- (a) access and
use only the Web Site, Content and
Services only in the manner presented
by Primo Logistics, Inc., and
- (b) access and
use the Primo Logistics, Inc. computer
and network services offered within
the Web Site (the "Primo Logistics,
Inc. Systems") only in the manner
expressly permitted by Primo Logistics,
Inc. Except for this limited
license, Primo Logistics, Inc. does
not convey any interest in or to
the Primo Logistics, Inc. Systems,
information or data available via
the Primo Logistics, Inc. Systems
(the "Information"), Content, Services,
Web Site or any other Primo Logistics,
Inc. property by permitting You
to access the Web Site. 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 Primo Logistics, Inc. 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 Primo Logistics, Inc.
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In addition to other
restrictions set forth in these Terms
of Use, You agree that:
- (a) You
shall not disguise the origin of
information transmitted through
the Web Site.
- (b) You
will not place false or misleading
information on the Web Site.
- (c) You
will not use or access any service,
information, application or software
available via the Web Site in a
manner not expressly permitted by
Primo Logistics, Inc.
- (d) You will not
input or upload to the Web Site
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 Web Site or Information
or that infringes the Intellectual
Property (defined below) rights
of another.
- (e) Certain areas
of the Web Site are restricted to
customers of Primo Logistics, Inc.
- (f) You
may not use or access the Web Site
or the Primo Logistics, Inc. Systems
or Services in any way that, in
Primo Logistics, Inc.'s judgment,
adversely affects the performance
or function of the Primo Logistics,
Inc. Systems, Services or the Web
Site or interferes with the ability
of authorized parties to access
the Primo Logistics, Inc. Systems,
Services or the Web Site.
- (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 Primo Logistics, Inc.
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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 Primo Logistics,
Inc. Systems which are used to provide
tracking, time in transit, drop-off
locator, address validation and
other functions and information
related to the shipment of packages
via Primo Logistics, Inc.
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 Primo Logistics, Inc.
Primo Logistics, Inc. authorizes
You to use tracking functionality
within the Shipping Related Systems
solely to track shipments tendered
by or for You to Primo Logistics,
Inc. for delivery and for no other
purpose. Without limitation,
You are not authorized to make the
Shipping Information available on
any web site or otherwise reproduce,
distribute, copy, store, use or
sell the Shipping Information for
commercial gain without the express
written consent of Primo Logistics,
Inc. 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.
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- (a)
Outbound Links. The
Web Site may contain links to third-party
Web Sites and resources (collectively,
"Linked Sites"). These Linked
Sites are provided solely as a convenience
to You and not as an endorsement
by Primo Logistics, Inc. of the
content on such Linked Sites.
There are links on the PRIMO-LOGISTICS.COM
site that allow You to visit the
sites of third parties. Neither
these sites nor the companies to
whom they belong are controlled
by Primo Logistics, Inc.. Primo
Logistics, Inc. 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.
Primo Logistics, Inc. 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.
If You decide to access Linked
Sites, You do so at Your own risk.
In addition, Your use of Linked
Sites is subject to any applicable
policies and terms and conditions
of use, including but not limited
to, the Linked Site's privacy
policy.
- (b)
Inbound Links. Linking
to any page of the Web Site other
than to http://www.Primo-Logistics.com
through a plain text link is strictly
prohibited in the absence of a separate
linking agreement with Primo Logistics,
Inc. Any web site or other
device that links to http://www.Primo-Logistics.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 Primo Logistics,
Inc. or any of its affiliates are
endorsing it or its products,
- (d) misrepresenting
any state of facts, including its
relationship with Primo Logistics,
Inc. or any of its affiliates,
- (e) presenting
false information about Primo Logistics,
Inc. products or services, and
- (f) using any logo
or mark of Primo Logistics, Inc.
or any of its affiliates without
express written permission from
Primo Logistics, Inc.
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Primo Logistics,
Inc. does not accept ideas, concepts,
or techniques for new services or
products through the Web Site ("Comments").
If such Comments are received, You
acknowledge that
- (a) they will not
be considered confidential or proprietary,
- (b) Primo Logistics,
Inc. and its affiliates are under
no obligation to keep such information
confidential, and
- (c) Primo Logistics,
Inc. 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.
Primo Logistics, Inc.
does not accept ideas, concepts, or
techniques for new services or products
through PRIMO-LOGISTICS.COM. If such
information is received, it will not
be considered confidential and Primo
Logistics, Inc. will be deemed free
to use, communicate and exploit such
information in any manner it chooses.
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You agree that Primo
Logistics, Inc., in its sole discretion,
may terminate or suspend Your use
of the Web Site, the Primo Logistics,
Inc. 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 Web Site, and
- (b) destroy any
copies You have made of any portion
of the Content. Accessing
the Web Site, the Primo Logistics,
Inc. Systems, Information or Services
after such termination, suspension
or discontinuation shall constitute
an act of trespass. Further,
You agree that Primo Logistics,
Inc. shall not be liable to You
or any third party for any termination
or suspension of Your access to
the Web Site, the Primo Logistics,
Inc. Systems, Information and/or
the Services.
Primo Logistics,
Inc. may discontinue, suspend or modify
PRIMO-LOGISTICS.COM at any time without
notice, and Primo Logistics, Inc.
may block, terminate or suspend Your
and any user's access to PRIMO-LOGISTICS.COM
at any time for any reason in its
sole discretion, even if access continues
to be allowed to others.
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PRIMO-LOGISTICS.COM
AND ITS CONTENT ARE PROVIDED "AS IS".
Primo Logistics, Inc. 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 PRIMO-LOGISTICS.COM
AND ITS CONTENT. Primo Logistics,
Inc. EXPRESSLY DISCLAIMS AND EXCLUDES
ALL WARRANTIES REGARDING PRIMO-LOGISTICS.COM
AND THE FUNCTIONING OF THE INTERNET
WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. Primo Logistics,
Inc. DOES NOT WARRANT THAT PRIMO-LOGISTICS.COM
WILL MEET ALL OF CUSTOMER'S REQUIREMENTS
OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED
OR ERROR FREE, OR THAT ANY DEFECT
WITHIN PRIMO-LOGISTICS.COM WILL BE
CORRECTED. FURTHERMORE, Primo Logistics,
Inc. DOES NOT WARRANT NOR MAKE ANY
REPRESENTATION REGARDING THE RESULTS
OF CUSTOMER'S USE OF PRIMO-LOGISTICS.COM
IN TERMS OF CAPABILITY, CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION, REPRESENTATION
OR ADVICE GIVEN BY Primo Logistics,
Inc. OR AN AUTHORIZED REPRESENTATIVE
OF Primo Logistics, Inc. SHALL CREATE
A WARRANTY.
SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS
IN THIS SECTION MAY NOT APPLY TO YOU.
IF YOU ARE DEALING AS A CONSUMER,
YOUR STATUTORY RIGHTS THAT CANNOT
BE WAIVED, IF ANY, ARE NOT AFFECTED
BY THESE PROVISIONS. YOU AGREE
AND ACKNOWLEDGE THAT THE LIMITATIONS
AND EXCLUSIONS OF LIABILITY AND WARRANTY
PROVIDED IN THESE TERMS OF USE ARE
FAIR AND REASONABLE.
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USE OF PRIMO-LOGISTICS.COM
AND ITS CONTENT IS AT YOUR SOLE RISK.
Primo Logistics, Inc. 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 PRIMO-LOGISTICS.COM
AND ITS CONTENT INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS,
BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER
SYSTEMS, EVEN IF YOU HAVE ADVISED
Primo Logistics, Inc. OF THE POSSIBILITY
OF SUCH DAMAGES.
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You assume all responsibility for
compliance with all laws and regulations
of the United States and any other
country from which
You may access PRIMO-LOGISTICS.COM
regarding access, use, export, re-export
and import of any Content appearing
on or available through PRIMO-LOGISTICS.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 law, that You
are not a national of any such country,
you are not a Denied Party listed
on the U.S. Denied Persons List, you
are not a Special Designated National
on the U.S. Treasury Department's
list of Specially Designated Nationals,
and that the Content will not be used
in the design, development or production
of nuclear, chemical or biological
weapons.
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Except for historical
information contained herein, the
statements made in this Web Site 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 Primo Logistics, Inc. 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.
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TO THE FULLEST EXTENT
PERMITTED BY LAW, YOU HEREBY EXPRESSLY
AGREE THAT ANY PROCEEDING ARISING
OUT OF OR RELATING TO YOUR USE OF
THE WEB SITE, THE Primo Logistics,
Inc. 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 WEB SITE, THE Primo Logistics,
Inc. SYSTEMS, INFORMATION, SERVICES
AND/OR CONTENT MUST BE FILED WITHIN
ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE
OF ACTION AROSE.
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To the fullest extent
permitted by law, these Terms of Use
are governed by the internal substantive
laws of the State of Georgia, U.S.A.
excluding
- (i) Georgia's conflicts
of laws principles;
- (ii) the United
Nations Convention on Contracts
for the International Sale of Goods;
- (iii) the
1974 Convention on the Limitation
Period in the International Sale
of Goods; and
- (iv) the Protocol
amending the 1974 Convention, done
at Vienna April 11, 1980.
To the fullest extent permitted
by law, the controlling language
for these Terms of Use is English.
Any translation has been provided
for Your convenience, and You may
view the English language version
by
- (a) returning
to the home page for the country
that You have selected,
- (b) selecting
the English link at the top
of the page, and
- (c) then clicking
on the link to the Web Site
Terms of Use located at the
bottom of the page.
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You may not assign
these Terms of Use or any of Your
interests, rights or obligations under
these Terms of Use. If any provision
of these Terms of Use is found to
be invalid by any court having competent
jurisdiction, the invalidity of such
provision shall not affect the validity
of the remaining provisions of these
Terms of Use, which shall remain in
full force and effect. No waiver
of any of these Terms of Use shall
be deemed a further or continuing
waiver of such term or condition or
any other term or condition.
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You may preserve
these Terms of Use in written form
by printing them for Your records,
and You waive any other requirement
that these Terms of Use be evidenced
by a written document.
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EXCEPT AS EXPRESSLY
PROVIDED IN A SEPARATE LICENSE, SERVICE
OR OTHER WRITTEN AGREEMENT BETWEEN
YOU AND Primo Logistics, Inc. OR IN
THE APPLICABLE Primo Logistics, Inc.
RATE AND SERVICE GUIDE OR Primo Logistics,
Inc. TARIFF, THESE TERMS OF USE CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN YOU AND
Primo Logistics, Inc. WITH RESPECT
TO THE USE OF THE WEB SITE, THE Primo
Logistics, Inc. SYSTEMS, AND ANY SOFTWARE
OR SERVICE, INFORMATION AND CONTENT
CONTAINED THEREIN, AND SUPERSEDE ALL
DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS
AND AGREEMENTS CONCERNING THE SUBJECT
MATTER HEREOF.
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Questions
or comments regarding the Web Site
may be submitted to Primo Logistics,
Inc. Customer Service.
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