THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF UPACK.COM. YOUR VIEWING OR USE OF THIS 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. U-PACK MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF UPACK.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT UPACK.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH UPACK.COM.
Section 1. Use.
Use of upack.com is provided solely for current and potential U-Pack customers to interact with U-Pack and may not be used, reproduced, duplicated, copied or sold by any other person or entity, or for any other purpose. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through upack.com is strictly prohibited.
Section 2. upack.com Registration.
By using upack.com, You agree to provide accurate and current information about yourself as prompted by the upack.com Quote Request form. If You provide any information that is inaccurate or not current, or U-Pack has reasonable grounds to suspect that such information is inaccurate or not current, U-Pack has the right to reject the Quote Request and suspend or terminate Your upack.com usage.
Section 3. Changes to upack.com.
The content of upack.com, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.
Section 4. Term.
U-Pack may discontinue, suspend or modify upack.com at any time without notice, and U-Pack may block, terminate or suspend Your and any user's access to upack.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 5. Ownership.
The content of upack.com is protected by United States and international copyright, trademark and other laws. © 1995-2008 ABF Freight System, Inc. All rights reserved. Specifically, U-Pack does not convey to anyone, through allowing access to upack.com, any ownership rights in upack.com or in any Content appearing on or made available through upack.com. By furnishing information from this Web site, U-Pack does not grant any licenses to any copyrights, patents or any other intellectual property rights. Without limitation, U.S. Patent No. 7,003,720 B1 applies to this Web site.
Section 6. Disclaimer of Warranty.
UPACK.COM AND ITS CONTENT ARE PROVIDED "AS IS". U-PACK 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 UPACK.COM AND ITS CONTENT.
Section 7. Limitation of Liability.
USE OF UPACK.COM AND ITS CONTENT IS AT YOUR SOLE RISK. U-PACK 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 UPACK.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED U-PACK OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to defend, indemnify and hold harmless U-Pack and its 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 upack.com and its Content.
Section 9. Links to other Web sites.
There are links on upack.com site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by U-Pack. U-Pack 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. U-Pack 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.
Section 11. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access upack.com regarding access, use, export, reexport and import of any Content appearing on or available through upack.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.
Section 12. Controlling Law, Venue, Severability and Waiver.