
Welcome to the CFS International Capital Corporation ("CFS") website for Xport Manager® ("Website"). Access to the Website is governed by these Terms and Conditions of Use. By accessing the Website you agree to be bound by these Terms and Conditions of Use. Your use of the Website is governed by the version of the Terms and Conditions of Use in effect on the date the Website is accessed by you.
1. Authorization to Use. You may access and use the Website, at your sole risk and responsibility and in compliance with applicable law, only to gain information about the possibility of using services described on the Website ("Authorized Purposes"). For Authorized Purposes, you may (a) display the Website on a web browser, (b) print pages of the Website from a web browser, and (c) forward links to or pages from the Website, electronically or in hard copy, so long as you make such persons aware that you are the person who has forwarded the information and so long as you do not remove, conceal, or alter any copyright notice, byline information, disclaimer, restriction, or other notice. CFS may terminate your access to the Website for any reason, without prior notice.
2. Limits on Use. The Website is protected by copyright and other laws and, except as expressly authorized by Section 1, you may not copy, display, print, or distribute all or any part of the Website, and in no event may you broadcast, decompile, disassemble, perform, publish, rent, reproduce, reverse engineer, sell, transmit, or create derivative works from all or any part of the Website or permit any person to perform any act relating to the Website not authorized by Section 1. As between CFS and you or your employer, CFS solely owns and shall continue solely to own all right, title, and interest, including all intellectual property rights, in and to the Website. You may not use the Website in any manner (i) that could damage or overburden our server(s) or any network connected to any of our servers or (ii) that would or does interfere with another party's use of the Website.
3. Privacy. Your use of the Website may be monitored by or on behalf of CFS to protect security, confidentiality, intellectual property, or other rights or business interests of CFS. Without limiting the foregoing, CFS reserves the right to collect and use for any lawful purpose any data you enter, aggregate data derived from such data, and usage patterns such as clickstreams. CFS intends to use commercially reasonable efforts to follow the Privacy Policy posted or to be posted on the Website, as such Privacy Policy may be changed from time to time at the sole discretion of CFS. Notwithstanding the foregoing, CFS will not bear any responsibility or liability for any information submitted to CFS or for the use or misuse of any information submitted by you or any other person.
4. Availability and Content. CFS makes no representation, warranty, or covenant that the Website will be available at all times or at any time. Various circumstances may prevent or delay availability. CFS at any time may discontinue the Website in whole or in part, or suspend your access, for any reason or no reason. There may be errors or omissions in the Website, and CFS reserves the right, but will not be required, to correct any errors or omissions. CFS will not be responsible for any loss, cost, damage, or liability that may result from any loss or delay of availability, any suspension of access, or any errors or omissions. In addition, CFS will not be responsible for the accuracy, completeness, or timeliness of the Website (including any content on it) or for the results obtained from its use.
5. No Professional Advice. CFS does not supply accounting, financing, or legal advice or other professional advice. Without limiting the foregoing, CFS does not offer any professional advice regarding the nature, potential value, or suitability of any particular aspects of the Xport Manager® product or other course of action.
6. No Warranties. THE WEBSITE IS PROVIDED "AS IS." CFS MAKES NO REPRESENTATION OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER RELATING IN ANY WAY TO THE WEBSITE OR ANY LINKED SITES. CFS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH EXPRESS OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, CFS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR OF QUIET ENJOYMENT, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, AND (D) WARRANTIES OTHERWISE RELATING TO ACCURACY, PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY CFS.
7. No Liability or Damages. CFS SHALL HAVE NO LIABILITY TO YOU OF ANY KIND RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY CONTENT ON IT OR THE RESULTS OBTAINED FROM ITS USE), THESE TERMS AND CONDITIONS OF USE, OR CFS'S BUSINESS, OR ANY LINKED SITE, FOR ANY CAUSE WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. NO REMEDY SHALL BE AVAILABLE AGAINST CFS RELATING TO, RESULTING FROM, OR IN CONNECTION WITH ANY OF THE FOREGOING. IN NO EVENT SHALL ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AGAINST CFS BE ALLOWED, EVEN IF CFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE EXCLUSIONS OF DAMAGES IN THESE TERMS AND CONDITIONS OF USE ARE INDEPENDENT OF, AND SURVIVE THE FAILURE FOR ANY REASON OF, ANY OTHER REMEDY.
8. Changes. These Terms and Conditions of Use may be changed by CFS in its sole discretion by posting a notice on the Website. You should check the Website for notice of such changes.
Updated 01/05/2007