Website Terms of Use
Document Contains
Please read these website terms of use carefully before using this website (the “website”). These website terms of use (THE “TERMS OF USE”) govern your access to and use of the website. The website 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 website.
By accessing or using the website, you and the entity you are authorized to represent (“YOU” OR “YOUR”) signify your agreement to be bound by the terms of use.
Website Terms of Use
- User Eligibility: The Website is provided by FRESA 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 Website.
- Scope of Terms of Use: These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, 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 on the Website(“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
- Modifications: FRESA may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of FRESA. FRESA may also change or impose fees for products and services provided through the Website at any time in its sole discretion. FRESA may establish or change, at any time, general practices and limits concerning other FRESA products and services in its sole discretion.
- FRESA Rate and Service Guide and Tariff: The FRESA Rate and Service Guide applicable to You and the FRESA Tariff (to the extent it is applicable to You) in effect at the time of shipment govern Your use of FRESA transportation and related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The FRESA Rate and Service Guide and the FRESA Tariff are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the FRESA Rate and Service Guide and the FRESA Tariff.
- FRESA Privacy Notice:The FRESA Privacy Notice governs the use of information collected from or provided by You at the Website. With respect to any individual whose personal information is provided by You to FRESA, You represent to FRESA that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the FRESA Privacy Notice, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
- License and Ownership: Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of FRESA, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of FRESA, its affiliates or other entities that have granted FRESA the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of FRESA. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without FRESA’s or the appropriate third party’s prior written permission.
Except as expressly provided herein, FRESA does not grant to You any express or implied rights to FRESA’s or any third party’s Intellectual Property. FRESA grants You a limited, personal, nontransferable, non sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by FRESA, and (b) access and use the FRESA computer and network services offered within the Website (the “FRESA Systems”) only in the manner expressly permitted by FRESA. Except for this limited license, FRESA does not convey any interest in or to the FRESA Systems, information or data available via the FRESA Systems (the “Information”), Content, Services, Website or any other FRESA property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of FRESA.
You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by FRESA.
Restrictions on Use of the Website:
- a. You shall not disguise the origin of information transmitted through the Website.
- b. You will not place false or misleading information on the Website.
- c. You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by FRESA
- d. You will not input or upload to the Website 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 Website or Information or that infringes the Intellectual Property (defined below) rights of another.
- e. Certain areas of the Website are restricted to customers of FRESA.
- f. You may not use or access the Website or the FRESA Technologies or Services in any way that, in FRESA’s judgment, adversely affects the performance or function of the FRESA Technologies, Services or the Website or interferes with the ability of authorized parties to access the FRESA Systems, Services or the Website.
- 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 FRESA.
Access to Shipping Related Systems and Information through the Website:
Your use and access of the Shipping Related Systems and Information are subject to the following terms:
- a. The “Shipping Related Systems” are comprised of the Fresa Technologies which are used to provide tracking, time in transit, FRESA locations, address validation and other functions and information related to the shipment of packages via FRESA. The Shipping Related Systems and Information gained from such systems (“Shipping Information”) are to be used by You solely in connection with packages shipped by or to You or on Your behalf and for no other purpose.
- b. The Shipping Related Systems and Shipping Information are the private property of FRESA. FRESA authorizes You to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for You to FRESA for delivery and for no other purpose. Without limitation, You are not authorized to make the Shipping Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of FRESA. This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
- c. Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
- Links: A. Outbound Links The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by FRESA of the content on such Linked Sites. FRESA makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. FRESA 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.
- Submissions: FRESA does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) FRESA and its affiliates are under no obligation to keep such information confidential, and (c) FRESA 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.
- Termination: You agree that FRESA, in its sole discretion, may terminate or suspend Your use of the Website, the FRESA Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the FRESA Technologies, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that FRESA shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the FRESA Technologies, Information and/or the Services.
- Disclaimer of Warranties: Fresa makes no representations about the results to be obtained from using the website, the fresa systems, the services, the information or the content. the use of same is at your own risk. the website, the fresa systems, the information, the services and the content are provided on an “as is” basis. fresa, its licensors and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express 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.
fresa 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 website or the fresa systems. no information obtained by you from the website shall create any warranty not expressly stated by fresa 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.
B. Inbound Links: Linking to any page of the Website other than to https://www.fresatechnologies.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with FRESA. Any website or other device that links to https://www.fresatechnologies.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 FRESA or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with FRESA or any of its affiliates, (e) presenting false information about FRESA products or services, and (f) using any logo or mark of FRESA or any of its affiliates without express written permission from FRESA.
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