Terms of Use

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF CBAINTERTRANS.COM. 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. CBA INTERTRANS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF WWW.CBAINTERTRANS.COM (CBAINTERTRANS.COM) WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT CBAINTERTRANS.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH CBAINTERTRANS.COM. Section 1. Use. --------------- CBAINTERTRANS.COM is provided solely for the use of current and potential CBA INTERTRANS customers to interact with CBA INTERTRANS and may not be used, reproduced, duplicated, copied or sold by any other person or entity, or for any other purpose. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through CBAINTERTRANS.COM is strictly prohibited. Section 2. CBAINTERTRANS.COM Registration. ----------------------------------------- You may choose to register with CBAINTERTRANS.COM Registration to simplify Your access to interactive features on CBAINTERTRANS.COM. CBAINTERTRANS.COM Registration currently provides You with access to myTracker and the advanced features of CBA INTERTRANS's Online Tools. In the future, CBA INTERTRANS may add other features which may be accessed through CBAINTERTRANS.COM Registration. In such event, previously registered users will not be required to re-subscribe at the CBAINTERTRANS.COM registration. By registering with CBAINTERTRANS.COM Registration, You agree to provide accurate and current information about yourself as prompted by the CBAINTERTRANS.COM Registration form and maintain and promptly update Your profile information to keep it accurate and current. If You provide any information that is inaccurate or not current, or CBA INTERTRANS has reasonable grounds to suspect that such information is inaccurate or not current, CBA INTERTRANS has the right to suspend or terminate Your CBAINTERTRANS.COM Registration. By registering at CBAINTERTRANS.COM Registration, You will be given a user ID and password. You are responsible for maintaining the confidentiality of the user ID and password, and You are responsible for all activities that occur under Your user ID and password. You agree to immediately notify CBA INTERTRANS of any unauthorized use of your user ID and password. Section 3. Changes to CBAINTERTRANS.COM. ---------------------------------------- CBAINTERTRANS.COM and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice. Section 4. Term. ---------------- CBA INTERTRANS may discontinue, suspend or modify CBAINTERTRANS.COM at any time without notice, and CBA INTERTRANS may block, terminate or suspend Your and any user's access to CBAINTERTRANS.COM at any time for any reason in its sole discretion, even if access continues to be allowed to others. Section 5. Ownership. --------------------- CBAINTERTRANS.COM and its Content are protected by United States and international copyright, trademark and other laws. © 1995-2002 CBA INTERTRANS, Inc. All rights reserved. Specifically, CBA INTERTRANS does not convey to anyone, through allowing access to CBAINTERTRANS.COM, any ownership rights in CBAINTERTRANS.COM or in any Content appearing on or made available through CBAINTERTRANS.COM. Section 6. Disclaimer of Warranty. ---------------------------------- CBAINTERTRANS.COM AND ITS CONTENT ARE PROVIDED "AS IS". CBA INTERTRANS AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE CBAINTERTRANS.COM AND ITS CONTENT. Section 7. Limitation of Liability. ----------------------------------- USE OF CBAINTERTRANS.COM AND ITS CONTENT IS AT YOUR SOLE RISK. CBA INTERTRANS 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 CBAINTERTRANS.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED CBA INTERTRANS OF THE POSSIBILITY OF SUCH DAMAGES. Section 8. Indemnity. --------------------- You hereby release, and agree to defend, indemnify and hold harmless CBA INTERTRANS, Inc. and its respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of CBAINTERTRANS.COM and its Content. Section 9. Links to other Web sites. ------------------------------------ There are links on CBAINTERTRANS.COM site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by CBA INTERTRANS. CBA INTERTRANS makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. CBA INTERTRANS has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. Section 10. Privacy Policy. --------------------------- You may access the CBA INTERTRANS Privacy Policy governing the use of information acquired from You through CBAINTERTRANS.COM. Section 11. Export. ------------------- You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access CBAINTERTRANS.COM regarding access, use, export, reexport and import of any Content appearing on or available through CBAINTERTRANS.COM. 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, that You are not a national of any such country. Section 12. Controlling Law, Venue, Severability and Waiver. ----------------------------------- This Agreement and Your use of CBAINTERTRANS.COM is governed by and construed in accordance with the laws of the United States and the State of California, excluding its conflict of laws provisions. 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 with respect to CBAINTERTRANS.COM or this Agreement must be instituted 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 San Mateo County, California. This Agreement may not be changed or modified without the written consent of CBA INTERTRANS. The failure of CBA INTERTRANS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.