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Web Site Terms of Use

PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE 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 WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER "YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE 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 WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER "YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.


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.

THE WEB SITE, THE DCS SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. DCS, 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 PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. DCS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE DCS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY DCS 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, SHALL NOT BE 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.

10. SUBMISSIONS

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

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

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

In addition to other restrictions set forth in these Terms of Use, You agree that:

(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.

9. LINKS

(a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by DCS of the content of such Linked Sites. DCS makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. DCS shall not be 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.
(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

The DCS Rate and Service Guide applicable to You and the DCS Tariff (to the extent it is applicable to You) in effect at the time of despatch govern Your use of DCS carriage and related services obtained through this Web Site, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Web Site Terms of Use and the Service Agreement(s). The DCA Rate and Service Guide and the DCS Tariff are hereby incorporated into these Terms of Use, so that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the DCS Rate and Service Guide and the DCS Tariff.

18. GENERAL

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

2. SCOPE OF TERMS OF USE

These Terms of Use govern Your use of the Web Site and all applications, software and services (collectively known as "Services") available via the Web Site, except to the extent that 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 via the Web Site ("Service Agreement(s)"). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.

16. JURISDICTION

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.

11. TERMINATION

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


TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT DCS IS OTHERWISE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES, DCS SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DCS, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEB SITE, THE DCS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT DCS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

22. CUSTOMER SERVICE

Questions or comments regarding the Web Site may be submitted to DCS Customer Service.

20. COMPLETE AGREEMENT

EXCEPT AS EXPRESSLY PROVIDED FOR UNDER A SEPARATE LICENCE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND DCS OR IN THE APPLICABLE DCS RATE AND SERVICE GUIDE OR DCS TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND DCS WITH RESPECT TO THE USE OF THE WEB SITE, THE DCS SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

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

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

6. LICENCE AND OWNERSHIP

Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of DCS, its affiliates or third parties. The Content is protected by copyright and other laws both in the United States and other countries. Elements of the Web Site 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 customised graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of DCS, its affiliates or other entities that have granted DCS the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of DCS. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without DCS's prior written permission or that of an appropriate third party. Except as expressly provided herein, DCS does not grant to You any express or implied rights to the Intellectual Property of DCS or that of any third party.

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.

3. MODIFICATIONS

DCS may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of DCS. DCS may also change or impose fees for products and services provided through the Web Site at any time, at its sole discretion. DCS may establish or change, at any time, general practices and restrictions concerning other DCS products and services at its sole discretion.

17. GOVERNING LAW AND LANGUAGE

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Georgia, United States of America, excluding (i) Georgia's conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Vienna Protocol of 11 April 1980 amending the 1974 Convention.

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.