The following terms and conditions govern your use of nightline air express worldwide (hereinafter "nightline") public and secured web site nightline-delivers.com (hereinafter collectively "the web site" or "the site").
Your viewing or use of this web 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. Nightline may make future changes or modifications to such terms and conditions at any time without notice and your subsequent viewing or use of the web site will constitute your agreement to the changes and modifications. There may be additional terms and conditions provided throughout the web site governing your use of particular functions, features, information and applications available through nightline-delivers.com.
The Web Site is provided solely for the use of current and potential Nightline customers to interact with Nightline 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 Nightline customers. The use of automated dial-in or inquiry devices to obtain information through The Web Site is strictly prohibited. Nightline does not accept ideas, concepts, or techniques for new services or products through The Web Site. If such information is received, it will not be considered confidential and Nightline will be deemed free to use, communicate and exploit such information in any manner it chooses.
You may choose to register with Nightline Registration to simplify your access to interactive features on The Web Site. The Nightline Registration currently provides you with access to SmartShip X, an Extranet created as an extension to Nightline's internal shipment distribution system, SmartShip. In the future, Nightline may add other features which may be accessed through the Nightline Registration. In such event, previously registered users will not be required to re-subscribe at the Nightline Registration.
By registering with the Nightline Registration, You agree to provide accurate and current information about Yourself as prompted by the Nightline 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 Nightline has reasonable grounds to suspect that such information is inaccurate or not current, Nightline has the right to suspend or terminate Your Nightline Registration.
By registering at Nightline 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 Nightline of any unauthorized use of Your User I.D. and Password, and (b) ensure that You exit from Your Web Site session at the end of each visit.
The Web Site 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.
Nightline may discontinue, suspend or modify The Web Site at any time without notice, and Nightline may block, terminate or suspend Your and any user's access to The Web Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
The Web Site and its Content are protected by Ireland and international copyright, trademark and other laws. © 2002 Nightline Air Express Worldwide. All rights reserved. Specifically, Nightline does not convey to anyone, through allowing access to The Web Site, any ownership rights in The Web Site or in any Content appearing on or made available through The Web Site.
6. DISCLAIMER OF WARRANTY
The web site and its content are provided "as is". Nightline 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 the web site and its content.
7. LIMITATION OF LIABILITY
Use of the web site and its content is at your sole risk. Nightline 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 the web site and its content including without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised nightline of the possibility of such damages.
You hereby release, and agree to indemnify and hold harmless Nightline Air Express Worldwide 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 The Web Site and its Content.
There are links on The Web Site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Nightline. Nightline 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. Nightline 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.
10. CONTROLLING LAW AND SEVERABILITY
This Agreement and Your use of The Web Site is governed by and construed in accordance with the laws of Ireland, 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 The Web Site 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 Ireland. This Agreement may not be changed or modified without the written consent of Nightline.