ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site and the materials contained herein are owned by and the exclusive property of Prophesy Transportation Solutions, Inc. (referred to as "Prophesy", "we", "us", or "our" herein). The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark and other laws. No material from this site or any Web site owned, operated, licensed or controlled by Prophesy may be copied, modified, reproduced, republished, uploaded, posted, transmitted, used or distributed in any way. The only exception is that you may view and make one single downloadable, machine-readable copy, one back-up copy and/or one print copy of the material contained in this site solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the materials or any copies of the materials. Modification of the materials or use of the materials for any other purpose is a violation of Prophesy Transportation Solutions, Inc.'s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment for any purpose is prohibited. All trademarks, service marks, and trade names are proprietary to Prophesy Transportation Solutions, Inc. or its respective owners.
In the event that you download data, any files or images from this site, Prophesy does not transfer the title to the data, any files or the images to you. You own the medium on which the information is recorded, but Prophesy retains full and complete title to the data, the files and the images and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the data, any files or images to a human-perceivable form.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates and access to them from territories where their contents are illegal is prohibited. This site is controlled by Prophesy and administered from its headquarters within the State of Connecticut, United States of America. Prophesy makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
DISCLAIMER OF ENDORSEMENT - THIRD PARTIES & LINKS TO OTHER SITES
Links to any third party sites (if any) are provided solely as a convenience to you. Linked sites are not under the control of Prophesy and Prophesy is not responsible for any of these sites or their content. Prophesy has not reviewed all of these third party sites and does not endorse or make any representations about them, or any information, software or other products or materials found there, nor any results that may be obtained or occur as a result of using them. If you decide to access any of the third party sites lined to this site, you do so at your own risk. Reference in this site or any other site linked to this site to any specific commercial products, process, or service by tradename, trademark, manufacturer, or otherwise, does not constitute and is not intended to imply endorsement, recommendation or favoring by Prophesy unless expressly stated otherwise in this site and shall not be used for advertising or product endorsement purposes.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Prophesy site(s) and all related documentation and all copies and installations thereof, whether made under of these terms or otherwise. These terms will terminate immediately without prior notice from Prophesy if in Prophesy's sole discretion you fail to comply with any term or provision of these terms. Upon termination, your authority to use this site automatically terminates and you must destroy all materials obtained from this site and any and all other Prophesy site(s) and all copies thereof, whether made under these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ARE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROPHESY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Prophesy does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or that the servers that make it available are free of viruses or other harmful components. Prophesy does not warrant or make any representations that the materials in or contents of this site, their use or the results of use will be correct, complete, accurate, reliable, or otherwise or that such materials or content or Prophesy's efforts will fulfill any of your particular purposes or needs. Except for express warranties, if any, stated elsewhere in these terms of use, this site, and the materials and information contained in this site are being provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you as the user. You (and not Prophesy) assume the entire cost of all necessary servicing, repair or correction arising from your use of this site. Prophesy makes no commitment to update, or notify you of any updates to, the materials and information at this site. Information published at this site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so portions of the above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL PROPHESY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMTATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WETHER OR NOT ADVISED OF THE POSSIBILITY OF THE POSSIBILITY FO SUCH DAMAGES. IF YOUR USE OF THE FUNCTIONS, MATERIALS OR INFORMATION FROM ANY OR ALL SUCH SITES RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. Applicable law may not allow the limitation or exclusion of certain liabilities or incidental or consequential damages, so portions of the above limitation or exclusion may not apply to you. In no event shall Prophesy's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
OTHER
These terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Hartford County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
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