1. Eligibility; Scope of Terms
This Website is provided by Intermodal Management System, LLC (“IMS”). You must be over the age of legal majority to access or use this Website. These Terms govern Your access and use of the Website and all applications, software and services (collectively, “Services”) available via the Website, except to the extent such Services are subject to a separate agreement, additional terms may apply to the use of some or all of the Services provided to You via the Website.
2. Login Registration
If you wish to receive a username and password to access the Fastrak System (as defined herein) or the IRIS System (as defined herein), You must contact IMS and provide the accurate and current information as required by IMS. IMS will provide you with a username and password. You shall maintain the confidentiality of your username and password. You agree to (i) immediately notify IMS of any unauthorized use of Your username and password, and (ii) ensure that You log-out from the Website at the end of Your session.
3. Iris System
The Iris System (“Iris System”) is a system that provides a rate quote (“Rate”) based on the criteria provided by a potential client and an expiration date (“Expiration Date”). If the potential client informs IMS that the Rate is acceptable prior to the Expiration Date, IMS may enter into an agreement with the potential client to handle their shipment. However, upon expiration of the Expiration Date, IMS shall not enter into any agreement with the potential client based on the previously quoted Rate.
4. Fastrak System
Your use and access to the Fastrak System (as described herein below) on the Website is subject to the following terms:
(i) The IMS fastrak system (“Fastrak System”) traces a shipment handled by IMS and provides an active report on the origin, current location, destination and progress of the move (“Fastrak Information”). The Fastrak System and the Fastrak Information are to be used by You solely in connection with Your shipment or shipments on your behalf and for no other purpose. This is a personal service, thus Your right to use the Fastrak System or Fastrak Information is non-assignable. Without limiting the foregoing, You shall not make the Fastrak Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Fastrak Information for commercial gain without the express written consent of IMS. Any access or use of the IMS Fastrak System or the Fastrak Information that is inconsistent with these terms is unauthorized and strictly prohibited.
(ii) Any use of automated inquiry devices, robots, or repetitive data gathering or other mechanisms with similar functionality on the Fastrak System is expressly prohibited.
IMS may change, supplement, delete or updated without notice, at its sole discretion, the Website and the Terms at any time. Your continued usage of the Website after any changes to the Terms shall denote your acceptance to those changes.
6. Intellectual Property
This Website and its content (“Content”) are protected by copyright and other
intellectual property laws and may not be copied or imitated in whole or in part.
All trademarks, service marks, trade dress and other intellectual property rights
associated with the Website and the Content are the sole property of IMS or its
affiliates. IMS does not convey, through allowing access to the Website, any
ownership rights in the Website or in any Content. You may not copy, modify,
translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer
or disassemble any part of Website or the Content.
7. Limitations on Use
You agree not to access or use the Website or Content to:
a. Transmit or communicate any data that is unlawful, harmful, threatening, abusive, misleading, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users;
d. Upload or input the Website with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or telecommunications equipment;
e. In any manner that in IMS’s judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website or the Contents;
f. In a manner not expressly permitted under the Terms.
IMS may discontinue or suspend the Website at any time without notice, and IMS may block, terminate or suspend Your access to the Website at any time for any reason in its sole discretion, even if access to the Website continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Website. You acknowledge and agree that IMS shall not be liable to You or any third party for any termination or suspension of Your access to the Website.
9. Disclaimer of Warranty
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS". IMS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILIITY OR INABILITY TO USE WEBSITE AND ITS CONTENT. IMS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY IMS IN THE TERMS. USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK.
10. Limitation of Liability
You agree to defend, indemnify and hold harmless IMS, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of Your breach of any of these terms and conditions.
12. Link to Other Sites
From time to time, IMS may provide links on the Website that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by IMS. IMS makes no representations concerning the information provided nor does IMS endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. IMS expressly disclaims all liabilities associated with these third party websites and product or services.
13. Governing Law; Venue and Jurisdiction
The Terms shall be governed and construed in accordance with the laws of the State of New Jersey without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the County of Monmouth, State of New Jersey for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding on-line conduct and acceptable data. You acknowledge and agree that You will not export or re-export any information or material (i) into (or to a national resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. embargoes goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing or using the Website, You agree to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list, and that You will otherwise comply with all applicable export control laws.
is available at the following link: www. imstransport.com/privacy.php
You acknowledge and agree that Your access and use of the Website does not create any agency, partnership or joint venture relationship between the You and IMS.
In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms.
18. Complete Agreement
Except as expressly provided in a separate license, service or other written agreement between You and IMS, these Terms constitute the entire agreement between You and IMS with respect to the use of the Website, its Content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when:
(a) delivered by hand (with written confirmation of receipt);
(b) sent by fax (with written confirmation of receipt) or electronic mail (with a reply confirming receipt), provided that a copy is mailed by registered mail, return receipt requested; or
(c) when received by the addressee, if sent by a nationally recognized overnight delivery service (receipt requested).
Notices shall be delivered to You at Your address on record with IMS. You may provide notices to IMS at the following address:
Intermodal Management System, LLC
265 Industrial Way West Eatontown, NJ 07724.
Attention: Mr. Nir Granot