Limited License. BITCO grants Users, subject to the terms of this Agreement, a non-perpetual, revocable, limited, nontransferable, non-sub licensable, and non-exclusive license to access and use the Site in real time, and solely in connection with their status as a customer, prospective customer, or agent of BITCO.
User Obligations. Only Users who have been approved in writing by an authorized representative of BITCO are permitted to use User IDs and passwords to access the Site. User IDs may not be disclosed or shared with any other person. The use of a User ID and Password to access the Site shall confirm the User's agreement to be bound by this Agreement. Users shall maintain the confidentiality of their User IDs and passwords , and protect them from disclosure to third parties or other persons not authorized to access the Site. Users shall take reasonable steps to prevent any unauthorized person from using their User IDs and passwords and from otherwise accessing the Site using their accounts. If a User suspects his/her User ID or password has been compromised for any reason, the User shall promptly notify BITCO in order to disable such User ID and password.
Security and Confidentiality. Users shall (a) maintain the confidentiality of all information obtained from the Site; (b) use such information solely in connection with accounts for BITCO; (c) comply with all applicable state and federal laws and regulations governing privacy and security of the specific types of information contained in the Site; (d) implement and maintain reasonable access and controls to ensure that only Users who have a business need to access the Site are permitted access; (e) promptly disable access privilege for any person upon terminating their employment or contract, or a change in their duties or responsibility to a position that does not require access to the Site, or if there is reason to suspect such person has caused or may cause a breach of security of the Site; (f) inform all employees of User who will have access to information from the Site of the confidential nature of that information and all pertinent obligations of this Agreement; (g) obtain each employee and/or contractor User's agreement to maintain the confidentiality of information from the Site and to comply with all relevant privacy and information security terms in this Agreement before permitting such employee and/or contractor of User to access the Site; (h} promptly notify BITCO of any suspected breach in the security of the Site or any violation of this Agreement; and (i) permit BITCO or its delegate to investigate or audit, at BITCO's discretion, User's use of the Site.
User Prohibitions. No User shall: (a) lease, encumber, pledge, lend, copy, make available, provide access to, or distribute the site or any information contained in the Site to any third party not authorized by BITCO; (b) reverse-engineer, decompile, or disassemble the Site; (c) circumvent, in any way, any security or access controls for the Site; (d) use the Site or any information obtained or derived from the Site, other than as permitted by BITCO; (e) use the Site or any information derived from the Site, in any way detrimental to the interests of BITCO or its affiliated corporations; (f) disclose information from the site to any person or entity unless such disclosure is expressly permitted by BITCO; and (g) use the Site in violation of any applicable law, rule, or regulation, or in violation of this Agreement.
Ownership of Information / Intellectual Property. All of the information and content on this Site, including but not limited to all text, documents, graphics, software applications, video and audio files, photos, trademarks, service marks, and the "look and feel" of the Site ("Content"} , is BITCO's property, or the property of third parties for which BITCO has obtained the legal rights for use. This Content is protected by applicable intellectual property rights law, including copyright and/or trademark law, under both United States and individual States' laws, whether registered or unregistered, unless otherwise indicated. Any use of our Content requires the written permission of BITCO. All rights are reserved. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and proprietary notices. The use of the Content on any other Website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another Website, is expressly prohibited without the prior written permission of BITCO.
Third-Party Sites. The Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of BITCO, and you acknowledge that BITCO is not responsible for the accuracy, copyright compliance , legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by BITCO or any association with its operators.
Children. This Site does not intend to market any BITCO products or services to children. BITCO does not knowingly gather, or solicit data, from children through this Site for marketing purposes.
NO WARRANTY. WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS SITE. HOWEVER , ALL CONTENT ON THIS SITE, OR ON ANY OTHER SITE TO WHICH WE LINK, IS FURNISHED ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE ACCURCY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE OF THE INFORMATION CONTAINED IN THE SITE OR CONCERNINGTHE FUNCTIONS OF THE SITE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OR WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS SITE, OR ANY OTHER SITE TO WHICH WE LINK, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IF YOU DO NOT SO AGREE, THEN DO NOT USE THE SITE.
NO LIABILITY. IN USING THIS SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD BITCO LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY USE BY YOU OF THIS SITE (OR ANY OTHER LINKED SITE), WHETHER THOSE DAMAGES ARE FINANCIAL IN NATURE OR RESULT FROM LOST, INCOMPLETE OR INTERRUPTED DATA OR TRANSACTIONS, OR OTHERWISE. IF YOU DO NOT SO AGREE, THEN DO NOT USE THE SITE.
Viruses. Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.
E-mail Security. We welcome your e-mail correspondence however, Internet and e-mail communications are not confidential. It is possible that information transmitted to us may be read or obtained by other parties. In an attempt to protect your privacy, our e-mail responses do not include personal account information such as social security numbers or account numbers .
Content. Statements made in Internet sites, newsgroups, message boards, e-mail, forums, conferences and chat rooms reflect only the views of their authors. Forum managers, forum hosts, or Merchants appearing on the BITCO site are not authorized BITCO spokespersons, and their views so not necessarily reflect those of BITCO.
Licenses and Idea Submissions. You agree to grant to BITCO a non-exclusive, worldwide, royaltyfree, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained there for new or improved products or services) you submit to public areas of BITCO (such as blogs, forums and chat rooms) by all means and in any media now known or developed in the future. You waive your moral rights in any of this material and information, and you also warrant that of this material and information are original with you, or that you have the right to submit this material and information. You agree that you shall have no recourse against BITCO for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
Extension of Rights. The provisions of the Sections entitled "No Warranty", "No Liability" and "Indemnification" are for the benefit of BITCO, its parent and affiliated corporations, and their respective officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
International Use. BITCO makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Electronic Means. You and BITCO may facilitate some transactions under this Agreement by exchanging documents, records and signatures electronically or by using electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by BITCO and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.
Indemnification. You agree to indemnify, defend, and hold harmless BITCO and its parent companies, subsidiaries, and affiliated companies, the independent providers/transmitters of information on the Site, and their respective employees, contractors, officers, and directors (the "indemnitees") from any claim, loss or damage related to: (1) any inaccuracy, error, or delay in, or omission of any information, or the transmission or delivery of information; (2) your use or misuse of the Site; or (3) any non-performance , or interruption of information due either to any act or omission by the lndemnitees or to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the lndemnitees.
Notice Specific to Software Available on the Site. Any software that is made available to download from this server ("Software") is the copyrighted work of BITCO and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement , unless he or she first agrees to the terms of the License Agreement.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BITCO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE. IN NO EVENT SHALL BITCO AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
Disclaimer. BITCO does not provide legal or employment advice to customers or any other third parties. Information contained on this Site and other BITCO publications is provided for informational purposes only and is not intended to serve as legal or employment advice for any issue that may arise in the operations of a motor carrier. Customers and other third parties should seek legal advice from their legal counsel. BITCO is not responsible or liable to any person or entity with respect to any loss, claim or damage of any kind, or any action, or inaction alleged to be related to or arising from, directly or indirectly, any information contained on this Site.