Last Updated 04/23/2007
This document states the terms and conditions ("Terms and Conditions") under which you may use the www.itslb.com website ("Website") operated by International Transportation Service, Inc. ("Company"). Please read these Terms and Conditions carefully. Any use of the Website will constitute your acceptance of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, you must refrain from using the Website. If you violate any of these Terms and Conditions, your permission to use the Material and the Website automatically terminates and you must immediately destroy any copies you have made of the Material. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. These Terms and Conditions were last updated on April 23rd, 2007.
1. Use of Material
The contents of the Website, such as text, graphics, photographs, images, software, organization, design and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You may access and use the contents of the Website solely for your personal, noncommercial purposes consistent with the purpose of the Website. Except as necessary to access and use the Website (e.g., page caching) or as otherwise expressly permitted by the Company in writing, you may not reproduce, display, publicly perform, distribute or otherwise use the Material. You may not sell, sublicense, modify, reverse engineer, disassemble or decompile any Material (including without limitation any software provided by the Company in connection with the Website).
2. Use of Website
You shall not: (a) interfere with the operation of the Website; (b) use the Website in a manner that infringes another party's intellectual property rights, or that violates another party's privacy rights or rights of publicity; (c) post or transmit via the Website any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material; (d) introduce viruses, trojan horses, worms or other harmful computer programming routines into the Website; (e) use any robot, spider, other automatic device or process to monitor or copy any portion of the Website or Materials; (f) probe, scan or test the vulnerability of the Website, or breach the Website's security or authentication measures; or (g) register any domain names that incorporate or are confusingly similar to the trademarks owned by the Company or its affiliates.
3. Company's Liability
The Website and Material may contain inaccuracies or typographical errors. Use of any of the Website and Material is at your own risk. Changes are periodically made to the Website and may be made at any time. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES OR LINKS CONTAINED IN THE WEBSITE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE FOREGOING. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEBSITE OR MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
4. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. User Submissions
6. Member Login and Password
7. Links to Other Web Sites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms and Conditions. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
9. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any Material to countries or persons prohibited under the export control laws. By accessing and downloading any Material, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any Material.
11. Dispute Resolution
All controversies, claims and disputes arising in connection with these Terms and Conditions shall be settled by arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Notwithstanding the foregoing, you acknowledge that any actual breach or threatened breach of this Agreement may cause irreparable harm to the Company and that damages are not an adequate remedy. You therefore agree that the Company shall be entitled to seek, in Superior Court of the State of California for the County of Los Angeles or the U.S. District Court for the Central District of California, immediate injunctive relief, including a temporary restraining order and/or preliminary injunction without the necessity of a bond or other undertaking, to restrain such breach or threatened breach, in addition to any monetary damages which might occur by reason of the violation of the prohibitions of these Terms and Conditions. The prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses of the arbitration, including without limitation attorneys' fees and any costs and fees incurred in connection with obtaining injunctive relief.