2- Use of the Web Site and the Services. You may only use the Web Site and the Services in accordance with the Terms and Conditions, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to use the Web Site to: (a) transmit any material that infringes or misappropriates any third party’s copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner’s consent, (d) use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, or (g) attempt to gain unauthorized access to the Web Site or any part thereof, or other accounts, computer systems or networks connected to the Web Site, through login password mining or any other means. ECS Transportation Group reserves the right to terminate your access to the Web Site or Services at any time without notice if it determines, in its sole discretion that you have abused or violated any of these terms and conditions.
3- User ID, Password, and Security. You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by ECS Transportation Group for use in connection with the Web Site or the Services. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify ECS Transportation Group immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site. ECS Transportation Group WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
4- Proprietary Rights. The Web Site, certain content therein, the Services and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein) by ECS Transportation Group. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site without ECS Transportation Group’s prior permission; provided, however, that you may download or print a copy of information from the Web for your use in learning about, reserving, or using the services.
5- Warranty Disclaimer. THE WEB SITE, THE SERVICES, AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY ECS Transportation Group ON AN “AS IS” BASIS, AND NEITHER ECS Transportation Group NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE OR THE SERVICES. IN ADDITION, ECS Transportation Group DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER ECS Transportation Group NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
6- Limitation of Liability. IN NO EVENT WILL ECS Transportation Group, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR ANY WEBSITES LINKED TO THE WEB SITE, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ECS Transportation Group KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECS Transportation Group’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE WEB SITE OR THE SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that ECS Transportation Group has agreed to provide the Web Site and the Services in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
13- Force Majeure. ECS Transportation Group shall not be responsible for any damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site or Services, provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of ECS Transportation Group.
14- Entire Agreement. These Terms and Conditions and the other policies and terms set forth on the Web Site set forth the entire agreement between you and ECS Transportation Group on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties.
15- Questions. Should you have any questions regarding these Terms and Conditions you may contact us at email@example.com. Notwithstanding the foregoing, ECS Transportation Group is under no obligation to provide end-user technical support for the Service.