PLEASE READ THESE TERMS OF SERVICE. THESE TERMS OF SERVICE, INCLUDING ANY AMENDMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH ( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ) PROVIDES YOU WITH VARIOUS SERVICES.
Effective Date: September 9, 2018
These terms of service (“Terms of Service”) apply to the online Global Trans Partners Map, Database branded under Rogers Worldwide Transportation,” “we,” “us,” or
“our”) for example by subscription or by means of an Rogers Worldwide Transportation web site (collectively referred to as the “GTA-Global Transport Affiliates” or and “Global Trans Partners Map”). The Services’ features and capabilities
may vary depending on the version or level of the Services provided with these Terms of Service. As used in the
Terms of Service, the terms “you”, “your” or “user” all refer to the person using the Services in any way.
These Terms of Service are a legal agreement between you and Rogers Worldwide Transportation. Use of any functionality of the “GTA-Global Transport Affiliates” or and “Global Trans Partners Map “Services (whether paid or during a free trial period) constitutes acceptance of these Terms of Service.
If you do not agree to be bound by these Terms of Service, you may not use the Services, including the Global.rogerslimos.com web site, in any way.
The Services are not available to persons under the age of 18 or the age of legal majority in your jurisdiction,
if different from 18, or to any users suspended or removed from accessing the Services by Global.rogerslimos.com for any
reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your (“Rogers Worldwide Transportation “Global.rogerslimos.com”)
account to another party without our express written permission. If you do not qualify, you may not use the Global.rogerslimos.com Services.
These Terms of Service supplement all applicable agreements and terms and conditions between you and Rogers Worldwide Transportation.
- Payment; Delivery Terms
We may allow you to purchase Services using your credit card and/or debit card (together with “Card Services”).
We may use a third-party payment processor (the “Payment Processor”) to link your credit card account and/or
debit card account to the Service (your “Card Account”) for use of the Card Services. The processing of payments
or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and
privacy policies of the Payment Processor and your credit card issuer and/or debit card issuer in addition to
these Terms of Service. We are not responsible for any error that occurs during any payment process, including
any error by the Payment Processor. In connection with your use of the Card Services, we will obtain certain
transaction details, which we will use solely in accordance with our Privacy Policy.
( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ) agrees to provide you with online access to your “GTA-Global Transport Affiliates” or and “Global Trans Partners Map” account within three (3) business
days of receipt of the Rogers Worldwide Transportation Credit Card Authorization Form and successful processing of the initial
fee amount as listed on the Credit Card Authorization Form.
- Permitted Uses and Restrictions on Use
Subject to these terms and conditions of the Terms
of Service, (“Rogers Worldwide Transportation “Global.rogerslimos.com”) or its subcontractors will provide the Services that allows you to manage your online
Activities. In order to use the Services, you must at your own expense obtain access to the Internet,
either directly or through devices that access web-based content. In addition, you must provide all equipment
necessary to make such connection to the Internet, including a computer and modem, smartphone or other access
device. - Your Registration Obligations
In consideration of your use of the Services, you agree
to: (i) provide true, accurate, current and complete information about yourself as prompted by the Services’
registration form(s) (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that we have reasonable grounds to suspect
is untrue, inaccurate, not current or incomplete, (“Rogers Worldwide Transportation “Global.rogerslimos.com”) may suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof). You will have sole responsibility
for the accuracy and quality of all data you submit to (“Rogers Worldwide Transportation “Global.rogerslimos.com”) and for ensuring that your collection and
use of your data complies with applicable laws, including those related to data privacy and transmission of personal
data. You are solely responsible for any liability resulting from your handling of cardholder data. You agree
that you will comply with PCI DSS anytime the Services are used to process credit cards. - Content
By submitting information, data, text (including but not limited to names of files, databases, directories and
groups of the same), software, music, sound, photographs, graphics, video, messages or other materials (“Content”)
to (“Rogers Worldwide Transportation “Global.rogerslimos.com”) in connection with this Services, you warrant that: (i) you are the owner of such Content, or
have been granted all the rights necessary from the owner of Content to submit such Content to ( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ),
and (ii) the use of Content by (“Rogers Worldwide Transportation “Global.rogerslimos.com”) and its members will not infringe or misappropriate the intellectual
property rights of or otherwise violate the rights of any third party.
By submitting any Content, you are granting (“Rogers Worldwide Transportation “Global.rogerslimos.com”) a perpetual, royalty-free and irrevocable right and license
to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform,
sublicense, create derivative works from, transfer and sell your Content.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of
the person from which such Content originated. This means that you, and not (“Rogers Worldwide Transportation “Global.rogerslimos.com”), are entirely responsible
for all Content that you upload or otherwise transmit via the Services. ( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ) does not control the Content
uploaded or otherwise transmitted by you or other customers via the Services and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
- Access, Passwords and Security
You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s).
You will be responsible for all electronic communications, including account registration and other account holder
information, email and financial, accounting and other data including any Content (“Electronic Communications”)
entered through or under your access number(s), password(s) or account number(s). (“Rogers Worldwide Transportation “Global.rogerslimos.com”) will act as though
any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will
have been sent by you. You agree immediately to notify (“Rogers Worldwide Transportation “Global.rogerslimos.com”) if you become aware of any loss or theft
or unauthorized use of any of your access number(s), password(s) and/or account number(s).
- Member Conduct
You agree to not use the Services to: (i) upload or otherwise transmit any Content or domain name that is unlawful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any
person or entity, including, but not limited to, any (“Rogers Worldwide Transportation “Global.rogerslimos.com”) representative or host, or falsely state or
otherwise misrepresent your affiliation with any person or entity; (iv) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through the Services; (v) upload or otherwise
transmit any Content that you do not have a right to transmit under any law or under contractual relationships
(such as inside information, proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (vi) upload or otherwise transmit any Content or domain name
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (vii)
upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”,
“spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas of the Services
that may be designated for such purpose; (viii) upload or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment; (ix) interfere with or disrupt the Services
or servers or networks connected to the Services; (x) violate any applicable law or regulation; (xi) incite or
provide instructional information about illegal activities; or (xii) conduct raffles, contests, lotteries or
sweepstakes, except in those areas of the Services that may be expressly designated for such purpose.
- General Practices Regarding Use, Storage and Service Access
You acknowledge that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) may establish from time to time general practices and limits concerning use
of the Services, including without limitation, establishing the maximum amount of storage space you have on the
Services at any time, as well as limiting the number of times (and the maximum duration for which) you may access
the Services in a given period of time. You agree that ( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ) has no responsibility or liability for the
deletion or failure to store any messages and other communications or other Content maintained or transmitted
by the Services. As a condition of use for this Services, you agree that, in the event of an error with your
Services, a Services technician shall be permitted to access your Content as necessary to resolve the problem.
You acknowledge that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) reserves the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
- Privacy and Access
Our Privacy Policy covers how we collect and use personal
information.
Data-Related Disputes. You are solely responsible for resolving disputes regarding ownership or access to Your
Data, including those involving any current or former owners, co-owners, employees or contractors of your business.
You acknowledge and agree that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) has no obligation whatsoever to resolve or intervene in such disputes
Notwithstanding anything to the contrary in our Privacy Policy,
confidential information related to your customers, passengers, and drivers,
including names and contact information, will not be shared with anyone
outside of (“Rogers Worldwide Transportation “Global.rogerslimos.com”), and then only with employees or contractors
who have a reasonable need to know or access the data for the purpose of providing
the Services, unless the information is shared as part of an integration and business
relationship specifically approved by you. Further, under no circumstances will
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) or our Affiliates use information residing on (“Rogers Worldwide Transportation “Global.rogerslimos.com”) servers
to solicit business relationships with your customers, drivers or passengers.
- Modifications to the Service or Agreements
Modifications to the Services. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Services (or any part thereof) at reasonable notice to you. You
agree that ( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ) shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Services. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) may specify from time to time the version(s) of related products
and/or additional services required in order to use the Services (e.g. supported browser versions).
- Modifications to the Terms of Service.
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) reserves the right to make changes to these Terms of Service and related policies and agreements
at any time. You agree that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) may modify the Terms of Service if necessary to comply with any other
agreements that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) is currently bound by or will be bound by in the future, and/or with applicable
law, as well as to adjust to changing business circumstances. If (“Rogers Worldwide Transportation “Global.rogerslimos.com”) makes a material modification
to these Terms of Service, it will notify you by the posting on the home page of its business website”Global.rogerslimos.com” the updated Terms of Service and you agree that such notification shall be sufficient notification of such changes.
Should your continued use of any of the Services shall constitute your acceptance of the Terms of Service with
the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service by
immediately cease all access and use of the Services. You agree that such termination will be your exclusive
remedy if you do not wish to abide by any changes to the Terms of Service.
- Fees
You agree to pay the then-current non-refundable fees associated with the level
of Services you choose. Additional fees may apply for: (i) optional add-on features to the Services; (ii) in
the event you elect to transfer from one level of the Services to another; or (iii) in the event you exceed your
Service level allocations. See the pricing page for the current fees and Services levels. Unless otherwise expressly provided in a separate agreement with
(“Rogers Worldwide Transportation “Global.rogerslimos.com”), when you subscribe and provide payment information using the Card Services your Card Account will
be debited and will automatically be debited monthly or annually depending upon the payment option you choose
at the then-current rate to maintain the service unless you notify us by electronic mail to Rogers@Rogerslimos.com
to cancel the Services Seven (7) days prior to the beginning of the next renewal period. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) reserves
the right to modify its fees with or without notice.
Non-payment of fees due to (“Rogers Worldwide Transportation “Global.rogerslimos.com”) are grounds for suspension of service. While ( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ) will make attempts to inform the customer of a fee collection issue; (“Rogers Worldwide Transportation “Global.rogerslimos.com”) reserves the right to suspend service without notice for non-payment of fees.
If you believe a payment has been processed in error, you must provide written notice to (“Rogers Worldwide Transportation “Global.rogerslimos.com”) within thirty
(30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is
not received by (“Rogers Worldwide Transportation “Global.rogerslimos.com”) within such thirty (30) day period, the payment will be deemed final.
Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for
example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”).
You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) is legally required to pay or collect any Taxes on your behalf, (“Rogers Worldwide Transportation “Global.rogerslimos.com”) will invoice you
and you will pay the invoiced amount. For clarity, (“Rogers Worldwide Transportation “Global.rogerslimos.com”) will be solely responsible for taxes assessed
on (“Rogers Worldwide Transportation “Global.rogerslimos.com”) based on its income.
- Termination
You acknowledge and agree that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) may suspend or terminate your account and/or deny you access to, use
of, or submission of Content for, all or part of the Services, without prior notice, if you engage in any conduct
that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) believes, in its sole discretion: (i) violates any term or provision of the Terms of Service,
(ii) violates the rights of (“Rogers Worldwide Transportation “Global.rogerslimos.com”) or third parties, (iii) or is otherwise inappropriate for continued
access and use of the Services. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) reserves the right to terminate inactive membership accounts. In
addition, (“Rogers Worldwide Transportation “Global.rogerslimos.com”) reserves the right to terminate or suspend your account and terminate all or part of
your access to the Services for any reason or no reason upon thirty (30) days prior notice to you. Unless otherwise
expressly agreed in writing, you agree that upon termination, either by you or us, we may delete all Content
and information related to your account and may bar your access to your account and the Services including, but
not limited to, access to any of your Content entered into or used in connection with the Services. Further,
you agree that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) shall not be liable to you or any third-party for any termination of your access
to the Services. You agree to defend, indemnify and hold (“Rogers Worldwide Transportation “Global.rogerslimos.com”) harmless from and against any and all
claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your
violation of the Terms of Service, state or federal laws or regulations, or any third party’s rights, including
but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy
rights. This obligation will survive the termination of Services.
- Links
The Services may provide links to other Internet sites or resources. You acknowledge and agree that (“Rogers Worldwide Transportation “Global.rogerslimos.com”)
is not responsible for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such site or resource.
- Electronic Communication
When you use the (“Rogers Worldwide Transportation “Global.rogerslimos.com”) Services or send emails to (“Rogers Worldwide Transportation “Global.rogerslimos.com”), you are communicating with (“Rogers Worldwide Transportation “Global.rogerslimos.com”)
electronically. You consent to receive communications from (“Rogers Worldwide Transportation “Global.rogerslimos.com”) electronically. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) will communicate
with you by email or by posting notices on the ( “Rogers Worldwide Transportation “Global.rogerslimos.com:” ) web site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically satisfy any legal requirement that
such communications be in writing
- (“Rogers Worldwide Transportation “Global.rogerslimos.com”) Proprietary Rights
You acknowledge and agree that the Services contains proprietary and confidential information that is protected
by applicable intellectual property and other laws. The trademarks, logos and service marks (“Marks”) displayed
through the Services are the property of (“Rogers Worldwide Transportation “Global.rogerslimos.com”) and other parties. Users are prohibited from using any
Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without
the written permission of (“Rogers Worldwide Transportation “Global.rogerslimos.com”) or such third party which may own the Marks. All information and Content
available on or through the Services, including, without limitation, any (“Rogers Worldwide Transportation “Global.rogerslimos.com”) software programs and/or
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) Content is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights
and is the property of (“Rogers Worldwide Transportation “Global.rogerslimos.com”). You agree to comply with all intellectual property laws and you shall not
encumber any interest in, or assert any rights to, the (“Rogers Worldwide Transportation “Global.rogerslimos.com”) Content or other intellectual property.
Unless otherwise expressly agree to by (“Rogers Worldwide Transportation “Global.rogerslimos.com”) in writing, you are prohibited from modifying, copying,
distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) services, products and Content available on or through the Services for commercial or public purposes.
You hereby grant to (“Rogers Worldwide Transportation “Global.rogerslimos.com”) and its affiliates a worldwide, perpetual, irrevocable, transferable, sub licensable,
royalty-free license to modify, copy, distribute and incorporate into the Services (without attribution of any
kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information
provided by you relating to the Services or (“Rogers Worldwide Transportation “Global.rogerslimos.com”) business.
- Procedure for Claims of Intellectual Property Infringement
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) respects the intellectual property of others, and we ask our users to do the same. (“Rogers Worldwide Transportation “Global.rogerslimos.com”)
may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may
be infringing the intellectual property of a third party. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated,
please contact (“Rogers Worldwide Transportation “Global.rogerslimos.com”) Copyright Agent for the information it will require. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) agent for
notice of claims of copyright or other intellectual property infringement can be reached as follows: by mail
addressed to (“Rogers Worldwide Transportation “Global.rogerslimos.com”), Copyright Agent, 8317 NW 109th St Oklahoma City, Ok 73162. (“Rogers Worldwide Transportation “Global.rogerslimos.com”)
may update this mailing address from time to time.
- No Resale, Etc. of the Services
You agree not to copy, sell, resell, rent or sublicense (including offering the Services to third parties on an
applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work
of any portion of the Services, use of the Services, or access to the Services. You agree not to access the Services
by any means other than through the interface that is provided by (“Rogers Worldwide Transportation “Global.rogerslimos.com”) for use in accessing the Services.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICES
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE
SERVICES (i) WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) WILL PROVIDE THE RESULTS THAT OBTAINED FROM THE USE OF THE SERVICES TO BE ACCURATE
OR RELIABLE, AND (iv) WILL PROVIDE THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICES TO MEET YOUR EXPECTATIONS. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) AND ITS SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICES,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. (“Rogers Worldwide Transportation “Global.rogerslimos.com”) EXPRESSLY DISCLAIMS ANY
REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS,
OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE
SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICES, RELATED SERVICES OR CONTENT IS IN ACCORDANCE
WITH APPLICABLE LAW.
ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ADD-ON
FEATURES THROUGH THE SERVICES ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD
OF ANY SUCH MATERIAL.
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED,
OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S)
OWNED OR CONTROLLED BY (“Rogers Worldwide Transportation “Global.rogerslimos.com”). THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING
FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM (“Rogers Worldwide Transportation “Global.rogerslimos.com”) OR THROUGH OR FROM THE SERVICES
OR ADD-ON FEATURES THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT (“Rogers Worldwide Transportation “Global.rogerslimos.com”)
AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE
LOSSES (EVEN IF (“Rogers Worldwide Transportation “Global.rogerslimos.com”) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE
OR THE INABILITY TO USE THE SERVICES, CONTENT AND/OR ANY INFORMATION; (b) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR CONTENT; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER
MATTER RELATING TO THE SERVICES, (ii) YOU ALSO AGREE THAT (“Rogers Worldwide Transportation “Global.rogerslimos.com”) WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION
OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THE
SERVICES; (c) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) EVENTS BEYOND
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) REASONABLE CONTROL; (iii) IN NO EVENT SHALL (“Rogers Worldwide Transportation “Global.rogerslimos.com”) MAXIMUM AGGREGATE LIABILITY EXCEED
THE TOTAL AMOUNT PAID BY YOU TO (“Rogers Worldwide Transportation “Global.rogerslimos.com”) FOR THE SERVICES, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS
($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
- Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY
NOT APPLY TO YOU.
- Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND (“Rogers Worldwide Transportation “Global.rogerslimos.com”) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ACTION. Unless both you and (“Rogers Worldwide Transportation “Global.rogerslimos.com”) agree, no arbitrator or judge may consolidate more than one person’s
claims or otherwise preside over any form of a representative or class proceeding.
- General
Unless otherwise expressly agreed in writing, the Terms of Service constitutes the entire agreement between you
and (“Rogers Worldwide Transportation “Global.rogerslimos.com”) and governs your use of the Services, superseding any prior agreements between you and (“Rogers Worldwide Transportation “Global.rogerslimos.com”) (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject
matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other
(“Rogers Worldwide Transportation “Global.rogerslimos.com”) services, third-party content or third-party software. These Terms of Service and your relationship
with (“Rogers Worldwide Transportation “Global.rogerslimos.com”) shall be governed by the laws of the State of Oklahoma without regard to its conflict of law’s
provisions. You and (“Rogers Worldwide Transportation “Global.rogerslimos.com”) agree to submit to the exclusive jurisdiction of the state and federal courts
located in Oklahoma City County, Oklahoma to resolve any legal matter arising from these Terms of Service. Notwithstanding
this, You agree that (“Rogers Worldwide Transportation “Global.rogerslimos.com”) shall still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction. The prevailing party in any such litigation shall be awarded
reasonable attorney’s fees and other costs. The failure of (“Rogers Worldwide Transportation “Global.rogerslimos.com”) to act with respect to a breach by you
or others does not waive its right to act with respect to subsequent or similar breaches. You agree that any
claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed
within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the
Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will
inure to the benefit of (“Rogers Worldwide Transportation “Global.rogerslimos.com”) and its successors and assigns. You agree to the use of electronic communication
in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records
of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements
under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery
or retention of non-electronic records, to the extent permitted under applicable law.
- Survival
All representations, warranties, Sections 12, 18, 19, 20, 21 and 22 in the Terms of Service shall survive the termination
or expiration of the Terms of Service.
- Contact
You may contact (“Rogers Worldwide Transportation “Global.rogerslimos.com”) at the following address:
8317 NW 109th St Oklahoma City, Ok 73162.