It is understood and agreed by the undersigned that information regarding NOVA TRANSPORTATION SERVICE, INC. and/or NOVA CONTAINER FREIGHT STATION, obtained during access to Nova’s computer system is confidential information. This includes but is not limited to customer lists, financial data, computer programs, company practices, rating structures, etc. Any divulgence of confidential information must be authorized in advance by the owner of Nova Container Freight Station.
The undersigned further agrees that a breach of this agreement subjects the undersigned to immediate termination of services and/or legal action.
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF NOVA’S PRICING WEBSITE (“NOVA’S WEBSITE”). YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. NOVA MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF NOVA’S WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS.
Section 1. Use.
NOVA’s Website is provided solely for the use of current and potential NOVA customers to interact with NOVA and may not be used by any other person or entity, or for any other purpose. Specifically, all freight charges, transportation rates and routes and other information may only be used by current and potential NOVA customers for the sole purpose of transacting business or potentially transacting business with NOVA.
By using NOVA’s Website, You agree to provide accurate and current information about Yourself as prompted and maintain and promptly update any profile information to keep it accurate and current. If You provide any information that is inaccurate or not current, or NOVA has reasonable grounds to suspect that such information is inaccurate or not current, NOVA has the right to suspend or terminate Your Registration with NOVA.
By registering with NOVA for use of its Website, You will select a User I.D. and Password. You are responsible for maintaining the confidentiality of the Password and User I.D., and You are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify NOVA of any unauthorized use of Your User I.D. and Password, and (b) ensure that You properly exit NOVA’s Website from at the end of each visit.
Section 2. Changes to NOVA’s Website.
NOVA’s Website and its content, including without limitation the information, graphics, products, features, functionality, prices, services, and links (collectively the "Content"), may be changed, deleted or updated without notice.
Section 3. Term.
NOVA may discontinue, suspend or modify its website at any time without notice, and NOVA may block, terminate or suspend Your and any user's access to NOVA’s Website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 4. Disclaimer of Warranty.
NOVA’s Website and its Content are provided "as is" and solely for the convenience of its customers. NOVA disclaims any and all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and Your ability or inability to use NOVA’s Website and its Content.
Section 5. Limitation of Liability.
Use of NOVA’s Website and its Content is at Your sole risk. NOVA will in no event be liable to You or any person or entity claiming through You for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use NOVA’s Website and its Content including, but not limited to, damages for lost profits, business, data, or damage to any computer systems, even if You have advised NOVA of the possibility of such damages.
Section 6. Indemnity.
You hereby release, and agree to indemnify and hold NOVA harmless and their subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including attorneys' fees, arising from Your use or viewing of Nova’s Website and its Content.
Section 7. NOVA Service Guide.
The terms and conditions for using NOVA’s services are set forth in the most current version of Nova’s delivery receipts, warehouse receipts, and/or service contracts (“NOVA’s Terms”). The most current version of NOVA’s Terms will control in the event of any conflict between any NOVA service information on its Website and the transportation service information contained in the most current version of NOVA’s Terms.
You understand and agree that the information contained on NOVA’s Website is proprietary as to NOVA and is provided to You solely for Your exclusive use in conducting business with NOVA. You agree not to share or divulge this information to anyone else.
Section 9. Compliance.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access NOVA’s Website regarding access, use, export, reexport and import of any Content appearing on or available through NOVA’s Website. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law.
Section 10. Controlling Law and Severability.
This Agreement and Your use of NOVA’s Website is governed by and construed in accordance with the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action, claim and/or litigation with respect to use of NOVA’s Website and its Content and/or this Agreement, must be filed and notice provided to NOVA within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within the County of Los Angeles, California. This Agreement may not be changed or modified without the written consent of NOVA.
IF YOU ARE NOT IN AGREEMENT WITH EACH AND EVERY OF THE ABOVE TERMS AND CONDITIONS, DO NOT PROCEED FURTHER IN THIS WEBSITE. BY CONTINUNING HEREIN, YOU EXPRESSLY CONSENT TO BE BOUND BY THIS AGREEMENT.