This document contains:
- 12. DISCLAIMER OF WARRANTIES
- 10. SUBMISSIONS
- 1. USER ELIGIBILITY
- 21. For Residents EU
- 5. Privacy Notice
- 14. COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL
- 7. RESTRICTIONS ON USE OF THE WEB SITE
- 9. LINKS
- 4. DCS RATE AND SERVICE GUIDE AND TARIFF
- 18. GENERAL
- 16. JURISDICTION
- 11. TERMINATION
- 13. LIMITATION OF LIABILITY
- 22. CUSTOMER SERVICE
- 20. COMPLETE AGREEMENT
- 15. FORWARD-LOOKING STATEMENTS
- 19. WRITTEN DOCUMENT
- 6. LICENCE AND OWNERSHIP
- 3. MODIFICATIONS
- 17. GOVERNING LAW AND LANGUAGE
- 8. ACCESS TO SHIPPING RELATED SYSTEMS AND INFORMATION THROUGH THE WEB SITE
12. DISCLAIMER OF WARRANTIES
DCS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE DCS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
DCS does not accept ideas, concepts or techniques for new services or products through the Web Site ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) DCS and its affiliates are under no obligation to keep such information confidential, and (c) DCS 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.
1. USER ELIGIBILITY
The Web Site is provided by DCS and available only to entities and persons who have reached the age of legal majority and are competent to enter into legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Web Site.
21. For Residents of EU
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
5. Privacy Notice
The Privacy Notice governs the use of information collected from or provided by You at the Web Site. With respect to any individual whose personal information is provided by You to DCS, You represent to DCS that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the 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 personal data as the laws of the country of origin of such an individual.
14. COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of DCS, negatively reflect upon the goodwill or reputation of DCS and You shall take no action which might cause DCS to be in breach of any laws, rulings or regulations applicable to DCS.
DCS and the Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
7. RESTRICTIONS ON USE OF THE WEB SITE
(a) You shall not disguise the origin of information transmitted through the Web Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by DCS.
(d) You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.
(e) Certain areas of the Web Site are restricted to customers of DCS.
(f) You may not use or access the Web Site or the DCS Systems or Services in any way that, in DCS's judgment, adversely affects the performance or function of the DCS Systems, Services or the Web Site or interferes with the ability of authorised parties to access the DCS Systems, Services or the Web Site.
(g) You may not frame or utilise framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of DCS.
(b) Inbound Links. Linking to any page of the Web Site other than to https://www.defensecourierservice.com through a plain text link is strictly prohibited in the absence of a separate linkage agreement with DCS. Any web site or other device that links to https://www.defensecourierservice.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 DCS or any of its affiliates endorse it or its products, (d) misrepresenting any state of facts, including its relationship with DCS or any of the DCS affiliates, (e) presenting false information about DCS products or services, and (f) using any logo or mark of DCS or any of its affiliates, without express written permission from DCS.
4. DCS RATE AND SERVICE GUIDE AND TARIFF
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDINGS ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE DCS SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE VENUE OF OR TO THE JURISDICTION OVER ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATED TO YOUR USE OF THE WEB SITE, THE DCS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE.
You agree that DCS, at its sole discretion, may terminate or suspend Your use of the Web Site, the DCS Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue Your use of the Web Site, and (b) destroy any copies You may have made of any portion of the Content. Accessing the Web Site, the DCS Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that DCS shall not be liable to You or to any third party for any termination or suspension of Your access to the Web Site, the DCS Systems, Information and/or the Services.
13. LIMITATION OF LIABILITY
22. CUSTOMER SERVICE
Questions or comments regarding the Web Site may be submitted to DCS Customer Service.
20. COMPLETE AGREEMENT
15. FORWARD-LOOKING STATEMENTS
Except for the historical information contained herein, the statements made in this Web Site constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 under U.S. federal law. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of DCS and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects resulting from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, increases in aviation and motor fuel prices, cyclical and seasonal fluctuations in our operating results, force majeure and other risks discussed in the company's filings with the U.S. Securities and Exchange Commission, which discussions are incorporated herein by reference.
19. WRITTEN DOCUMENT
6. LICENCE AND OWNERSHIP
DCS hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by DCS, and (b) access and use the DCS computer and network services offered within the Web Site (the "DCS Systems") only in the manner expressly permitted by DCS. Except for this limited licence, DCS does not convey any interest in or to the DCS Systems, information or data available via the DCS Systems (the "Information"), Content, Services, Web Site or any other DCS property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, 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 DCS. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by DCS.
17. GOVERNING LAW AND LANGUAGE
8. ACCESS TO SHIPPING RELATED SYSTEMS AND INFORMATION THROUGH THE WEB SITE
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 DCS Systems which are used to provide tracking, time in transit, DCS locations, address validation and other functions and information related to the despatch of parcels via DCS. The Shipping Related Systems and Information gained from such systems ("Shipping Information") are to be used by You solely in connection with parcels 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 DCS. DCS authorises You to use the tracking functionality within the Shipping Related Systems solely to track consignments tendered by or for You to DCS for delivery and for no other purpose. Without limitation, You are not authorised to make the Shipping Information available on any other web site or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of DCS. 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 unauthorised 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.