Effective as of October 15, 2001.
the TransportMAX Site located at www.transportmax.com (the “Site”) and the TransportMAX Internet-based marketplace (the
“Exchange”). The Exchange is only accessible by registered Users of the Exchange (“Users”) who have assented to a user agreement (the “User
Agreement”). With respect to Users, this Policy is in addition to, and does not replace or supersede, the applicable User Agreement, the terms of which are incorporated herein by
reference. The term “User” applies to all corporate or governmental entities who are registered Users of the Exchange and each person who uses or visits the Site or the Exchange on
behalf of such entity. TransportMAX also provides information about the transportation industry on its Site or through direct links located on its Site which is accessible by Visitors to the Site
Users and Visitors understand and agree that TransportMAX may collect, maintain, and process information provided by such parties to
TransportMAX, and information collected by TransportMAX concerning such Users or Visitors, on and through the Site and the Exchange. Users and Visitors represent and warrant that all information
they provide to TransportMAX is true, accurate, current, non-misleading, and consistent and relevant for the purpose for which such information is provided. Users also represent and warrant that they
have the authority to provide the information submitted to and through the Exchange, and understand and agree that TransportMAX may from time to time verify such authority.
TransportMAX recognizes that Users expect privacy and security. TransportMAX understands the need to safeguard sensitive information about Users, and has therefore adopted
standards and procedures aimed at preventing misuse of User information.
Collection and Maintenance of Information
The information TransportMAX collects is used for internal tracking and
site improvement purposes, to enhance Users’ and Visitors’ visit to the Site, to enable us to contact Users and Visitors and to process transactions Users enter into on the Site.
TransportMAX also utilizes cookie technology for these same purposes. Users or Visitors may configure their browser to reject cookies, but this may affect a User’s or a Visitor’s ability
to utilize the Site to the same extent as a User or Visitor who accepts cookies. TransportMAX does not acquire any more information about Users or Visitors than is otherwise necessary to provide a
high level of service efficiently or to make the Site as dynamic and useful as possible.
In order to participate in the Exchange, TransportMAX requires Users to
register with the Exchange by, among other things, providing contact information including user ID, password, name, title, department, business address, business telephone number, business e-mail address
and other contact information (“Registration Information”). Registration Information may also include additional information collected by TransportMAX such as that collected
through a User questionnaire. Such information will typically be provided to TransportMAX by the User’s administrator (the “Administrator”). Certain portions of the
Registration Information concerning the User (and not an individual User) will be used for evaluating qualifications for participation in the Exchange. Registration Information concerning
individual Users may be made available to other Users, in the form of contact directories maintained on the Exchange, in order to facilitate the operation of the Exchange. TransportMAX may also use
Registration Information to communicate with Users regarding available transactions, changes in the Exchange functionality, features, billing, help desk and other activities relating to the operation of
the Exchange. TransportMAX may also use Registration Information to send Users information about products or services available on or through the Exchange and offers made available by
TransportMAX’s business partners, which may be sent by TransportMAX or the TransportMAX business partner making the offer.
Updating Registration Information
An authorized User
can directly change most of the information by logging on to the Site and navigating through the screen prompts to update Registration Information. If the update is unsuccessful, Users may send an
e-mail to firstname.lastname@example.org. Upon its receipt of such an e-mail, TransportMAX will send an e-mail acknowledging receipt of the
User’s request and will endeavor to promptly update the User’s Registration Information.
TransportMAX will record and collect information about how Users
and Visitors use the Site, and in the case of Users, the Exchange. This data may include: a Visitor’s or User’s domain name, language, type of browser and operating system, Internet
Service Provider, Internet protocol (IP) address, the Site from which they arrived at the Site, and the amount of time spent on the Site or using the Exchange (collectively, “Usage
Data”). TransportMAX will monitor and use Usage Data in aggregated form to measure the Site’s performance and improve the Site’s design and functionality. TransportMAX
may also use Usage Data in aggregated form to develop and distribute to third parties statistical and general information about how the Site and the Exchange are used and for other marketing
purposes. TransportMAX may also use Usage Data in its unaggregated form to investigate, prosecute and enforce security violations or actual or suspected breaches of a User Agreement, or to identify
the particular user(s) who engaged in particular transactions on behalf of another Users in the case there is a repudiation of a transaction by the repudiating Users.
Transaction Information includes the information that Users supply to fill orders or complete transactions, such as contact information. TransportMAX intends to disclose the Transaction
Information only to other Users that a particular User specifies and such third parties necessary to complete the transaction. All Users authorize TransportMAX to disclose their credit information
to other Users to complete transactions.
These third parties may have separate privacy and data collection practices and TransportMAX has no responsibility for these independent policies.
TransportMAX may use the transaction information to analyze the purchasing behavior of Users. From time to time, TransportMAX may aggregate Transaction Information gathered from Users and use,
disclose or publish such aggregated Transaction Information.
Registration Information expressly does not include specifications, requirements, catalog, product, service or
pricing information, data or graphics provided or posted by Users on the Site, which information for purposes of this policy shall be considered user content (“User Content”).
Users are responsible for segregating their proprietary or sensitive User Content from their competitors as required by the User Agreement. TransportMAX undertakes no obligations with respect to
updating or maintaining User Content. TransportMAX does not represent or warrant the accuracy or reliability of any information or data provided by or through the Exchange, including the User
Content or Registration Information.
TransportMAX informs its employees and contractors about the importance of confidentiality and privacy. TransportMAX gives
access to User and Visitor information only to those employees or third- party service providers who need access to it within the scope of their responsibilities.
TransportMAX is concerned with the security of user data it has collected, and has put in place measures to prevent unauthorized access to that information. Payment information is protected
during transmission from the User by a Secure Sockets Layer (SSL) connection and, once stored, is protected through various security measures or procedures implemented by TransportMAX. Please
remember that “perfect security” does not exist on the Internet.
Linked Web Sites
TransportMAX may provide links to web sites owned or operated by third parties
(“Linked Sites”) from the Site or the Exchange. Linked Sites are not reviewed, controlled or examined by TransportMAX in any way and TransportMAX is not responsible for the
privacy policies and practices of any such Linked Sites, or any additional links contained therein. Any link between TransportMAX’s site and a Linked Site does not imply TransportMAX’s
endorsement of or association with the Linked Site.
TransportMAX may utilize third parties to provide or perform certain services and functions on the Site and the
Exchange. TransportMAX may also outsource certain fulfillment or communication functions. TransportMAX will make information concerning Users and their use of the Site and the Exchange
available to these service providers, as necessary, to perform these functions. Any access to such information will be limited to the purpose for which such information was provided to the service
provider. The service providers may be located throughout the world, therefore information relating to Users may be sent worldwide to countries which have a different level of privacy protection to
the United States or a User’s country of residence.
Transfer of Data
In the event of a sale, merger, liquidation, dissolution, or sale or transfer of the substantial assets of
TransportMAX, information collected on and through this Site may be sold, assigned, or transferred to a third party. TransportMAX may also transfer or share such information to its subsidiaries and
affiliates involved in the operation of the Exchange.
TransportMAX may, in its sole discretion, update this Policy at any time and from time to time, by posting
the amended Policy on the Site. The revised or amended Policy shall be effective upon posting. Any access to or use of the Site or the Exchange following such update shall be deemed consent to
such update. Users are therefore encouraged to refer back to this page regularly. This Policy may not be otherwise amended without the written consent of TransportMAX.
Any and all disputes or claims of any nature or kind relating in any manner to this Policy shall be resolved by arbitration, which shall be final and binding upon all parties and shall
be the exclusive remedy for any dispute related to the use of the Site or the Exchange. All final arbitration decisions may be entered as a judgment by any court with jurisdiction.
Arbitration of disputes shall be in accordance with the rules of the American Arbitration Association. All arbitration proceedings shall be held in Arcadia, California.
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