Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This is a binding agreement (“Agreement”) between Summit Logistics International, Inc. (“Summit”) and you (“You” or Your”). This Agreement governs Your use of this web site (www.summitgl.com) (the “Site”), including, without limitation, all content such as text, information, images, contracts, software and other downloadable material (collectively, the “Materials”) and all services (the “Services”) made available to You through this Site by Summit and/or third parties
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
1. OWNERSHIP OF MATERIALS: All Materials and Services on this Site are provided by Summit unless indicated otherwise. All intellectual property rights in the Materials and Services (including copyrights, trademarks, trade secrets and patents) are the property of Summit. Summit retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials and Service are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Summit’s prior written permission.
2. SINGLE COPY LICENSE: You may download one copy of the Materials found on the Site for use with the Services. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or Services or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials or Services; (c) remove any copyright or other proprietary notices from the Materials or Services; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials or Services.
3. SECURITY: Certain pages on this Site are intended by Summit to require an e-mail address and/or password to access and use the Materials and Services on the Site. Certain other Materials or Services on the Site may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "IDs") assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of the IDs, and (3) promptly informing Summit in writing of any need to deactivate an ID due to security concerns. Summit is not liable for any harm related to the theft of Your IDs, Your disclosure of your IDs, or Your authorization to allow another person or entity to access and use the Site using your IDs. You agree to immediately notify Summit of any unauthorized use of Your IDs.
4. GENERAL DISCLAIMERS: THESE MATERIALS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL SUMMIT, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY SUMMIT OR SUMMIT’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SUMMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUMMIT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Summit and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials or Services. Summit may make changes to these Materials or Services, or to the products described therein, at any time without notice. Summit makes no commitment to update the Materials or Services. Any description of Materials or Services is not a representation that any such Materials or Services are available for sale, use or distribution in Your location. Summit may remove any Materials or Services from this Site at any time.
5. STOCK PRICE DISCLAIMER: The stock price performance shown on the stock quotes on any Summit site is not necessarily indicative of future price performance. Summit and/or its parents, subsidiaries, affiliates and their respective members, directors, officers employees, stockholders and agents do not warrant or guarantee the accuracy or completeness of the stock information provided herein and under no circumstances will Summit and/or its parents, subsidiaries, affiliates and their respective members, directors, officers employees, stockholders and agents be liable for any loss including, but not limited to, direct, incidental, special or consequential damages caused by reliance on that information or for the risks of the stock market.
6. SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995: From time to time, Summit or its representatives may have made or may make forward-looking statements, orally or in writing. Such forward-looking statements may be included in, but, not limited to, press releases, oral statements made by or with the approval of an authorized executive officer, or in this Site or other filings made by Summit with the Securities and Exchange Commission. The words or phrases ''trend,'' ''expect,'' ''grow,'' ''will,'' ''could,'' ''likely result,'' ''planned,'' ''continued,'' ''anticipated,'' ''estimated,'' ''projected,'' ''scheduled,'' ''could have,'' ''intended,'' ''believes,'' ''continuing,'' ''considers,'' ''may be,'' ''assessed,'' ''contingency,'' or similar expressions are intended to identify ''forward-looking statements'' within the meaning of the Private Securities Litigation Reform Act of 1995. Summit wishes to ensure that such statements are accompanied by meaningful cautionary statements, so as to maximize to the fullest extent possible the protections of the safe harbor established in said Act. Accordingly, such statements are qualified in their entirety by reference to and are accompanied by the following discussion of certain important factors that could cause actual results to differ materially from such forward-looking statements.
Investors should be aware of factors that could have an impact on Summit's business or financial position or performance. Reference is also made to other parts of this Site and Summit’s most recent Annual Report on Form 10-K, available from Summit upon request, that include additional information concerning factors that could adversely impact Summit's business or financial position or performance. Moreover, Summit operates in a changing and very competitive business environment. New risks may emerge from time to time, and it is not possible for management to predict all risk factors, nor can it necessarily identify or assess the impact of all such factors on Summit or the extent to which any factor or combination of factors may cause actual results to differ materially from those contained in any forward-looking statements. Accordingly, forward-looking statements should not be relied upon as a prediction of actual results.
7. INDEMNITY: You agree to defend, indemnify and hold Summit, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Summit’s reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, the Materials or the Services and (3) the unauthorized or unlawful use of the Site by any other person using Your IDs.
8. USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission and except as set forth in the Privacy Policy incorporated herein by reference, any material, information or other communication You transmit or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Summit will have no obligations with respect to the Communications. Summit and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Summit hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Summit in its sole discretion and without further notice.
9. COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, Summit will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, Summit, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.
10. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of Summit and Summit is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Summit reserves the right to terminate any link or linking program at any time. Summit has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Summit shall not be responsible for notification of any change in name or location of any information of the Site.
11. APPLICABLE LAWS: This Site is controlled by Summit from its offices within the state of New Jersey. Summit makes no representation that Materials or Services in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials or Services in violation of United States export laws or regulations. Any claim relating to the Materials or Services shall be governed by the internal substantive laws of the state of New Jersey.
12. DISPUTE RESOLUTION: Any dispute between Summit and You arising out of this Agreement shall be resolved first by direct communication with one or more of Summit’s representatives. Should Summit and You be unable to resolve the dispute by communication, either Summit or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Summit’s headquarters and pursuant to New Jersey state law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
13. ENTIRE AGREEMENT: This Agreement, including the Privacy Policy, which is incorporated herein by this reference, contains the entire agreement between You and Summit relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any document or form originated by You relating to the subject matter hereof, or (2) statements of any of Summit employees. Summit reserves the right to make changes to this Agreement at any time without advance notice. Summit agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.
14. TERMINATION: Your right to access and use the Site, Materials and/or Services immediately terminates without further notice upon Your breach of this Agreement. Summit may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 4, 5, 6, 7, 8, 9, 11, 12, 14, and 20 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Summit reserves the right to discontinue or make changes to the Site, Material and/or Services at any time.
15. ASSIGNMENT: Summit may assign this Agreement, in whole or in part, in its sole discretion.
16. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
17. FORCE MAJEURE: Summit shall not be liable for any failure or unavailability of the Site, the Materials and/or the Services or failure by Summit to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Summit's control.
18. NOTICE: Summit may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.summitgl.com, or by written communication delivered by first class U. S. mail to Your address on record in Summit’s account information. You may give notice to Summit at any time via electronic mail to or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Summit Logistics International, Inc.
547 Boulevard
Kenilworth, New Jersey 07033
Attn: Samantha Scott
Electronic Mail: twyville@fmiint.com
If You object to any material found on this Site, please bring Your concerns to the attention of:
Summit Logistics International, Inc.
547 Boulevard
Kenilworth, New Jersey 07033
Attn: Samantha Scott
19. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
20. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
Terms of Use Effective Date: November 7, 2006
Copyright © 2006 Summit Logistics International, Inc. All rights reserved.