PSI SHIPPING AND COURIER TERMS OF USE
Introduction
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEB SITEâ€). THESE WEB SITE TERMS OF USE (THE “TERMS OF USEâ€) 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.
1. User Eligibility
The Web Site is provided by PSI shipping and Courier 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.
2. Scope of Terms of Use
These Terms of Use govern Your use of the Web Site and all applications, software and services (collectively, “Servicesâ€) 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)â€). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.
3. Modifications
psishipping.com and its Content, may be changed, deleted or updated at any time without notice.
4. PSI shipping and Courier Rate and Service Guide and Tariff
In addition to any other terms and conditions that may be applicable to such transaction as provided in these Web Site Terms of Use and the Service Agreement(s), the PSI shipping and courier Rate and Service Guide applicable to You and the PSI Tariff (to the extent it is applicable to You) in effect at the time of shipment govern Your use of PSI transportation and related services.
5. PSI shipping and courier Privacy Policy
The PSI shipping and courier Privacy Policy governs the use of information acquired from You through psishipping.com.
6. License and Ownership
psishipping.com and its Content are protected by United States and international copyright, trademark and other laws. © 2006-2009 PSI shipping and courier. All rights reserved. Specifically, PSI shipping and courier does not convey to anyone, through allowing access to psishipping.com, any ownership rights in psishipping.com or in any Content appearing on or made available through psishipping.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of psishipping.com or its Content.
7. Restrictions on Use of the Web Site
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 PSI shipping and courier.
(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 PSI shipping and courier.
(f) You may not use or access the Web Site or the PSI shipping and courier Systems or Services in any way that, in PSI’s judgment, adversely affects the performance or function of the PSI Systems, Services or the Web Site or interferes with the ability of authorized parties to access the PSI 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 PSI.
8. Links
(a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (collectively, “Linked Sitesâ€). These Linked Sites are provided solely as a convenience to You and not as an endorsement by PSI shipping and courier of the content on such Linked Sites. PSI shipping and courier makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. PSI shipping and courier is not responsible for the availability of the Linked Sites or the content or activities of such sites. 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 https://www.psishipping.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with PSI shipping and courier. Any web site or other device that links to https://www.psishipping.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 PSI or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with PSI or any of its affiliates, (e) presenting false information about PSI shipping and courier products or services, and (f) using any logo or mark of PSI or any of its affiliates without express written permission from PSI shipping and courier.
9. Submissions
PSI accept ideas, concepts, or techniques for new services or products through the Web Site (“Commentsâ€). If such Comments can be submitted using the feedback menu on our website provided You acknowledge that (a) they will not be considered confidential or proprietary, (b) PSI and its affiliates are under no obligation to keep such information confidential, and (c) PSI 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.
10. Termination of use
PSI shipping and courier may discontinue, suspend or modify psishipping.com at any time without notice, and PSI shipping and courier may block, terminate or suspend You and any user’s access to psishipping.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
11. Disclaimer of Warranties
PSI SHIPPING AND COURIER MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE PSI SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEB SITE, THE PSI SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. PSI, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PSI AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE PSI SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY PSI IN THESE TERMS OF USE.
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.
12. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT PSI SHIPPING AND COURIER IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, PSI IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PSI, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE PSI SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PSI SHIPPING AND COURIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
13. Compliance with Law Including Export Control
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access psishipping.com regarding access, use, export, re-export and import of any Content appearing on or available through psishipping.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.
14. Controlling law and severability
This Agreement and Your use of psishipping.com is governed by and construed in accordance with the laws of the United States and the State of Texas, excluding its conflict of law’s 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.
15. General
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.
16. Written Document
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.
17. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND PSI SHIPPING AND COURIER OR IN THE APPLICABLE PSI SHIPPING AND COURIER RATE AND SERVICE GUIDE OR PSI SHIPPING AND COURIER TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND PSI SHIPPING AND COURIER WITH RESPECT TO THE USE OF THE WEB SITE, THE PSI SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
18. Courtesy rate quotes
The courtesy rate reflected by the Courtesy Rate Quote on psishipping.com, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult a PSI Service representative for a custom quote or the PSI shipping and courier Rate Sheets for details on how shipping charges are calculated.
19. Customer Service
Questions or comments regarding the Web Site may be submitted to PSI Global Logistics Customer Service.