|
Web Site Terms of Use
The following are the terms and conditions of service (the "Agreement") governing your use of
www.xtra.com, www.xtralease.com,
www.xtratrack.com,
www.xtrainstall.com, and www.myqualcomm.com,
(collectively, the "XTRA Web Sites") and all services and functionalities available on or through
the XTRA Web Sites. The XTRA Web Sites are published by or in conjunction with XTRA Corporation ("XTRA").
By using the XTRA Web Sites or downloading materials from the XTRA Web Sites, you agree
to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these
terms and conditions do not use any of the XTRA Web Sites or download materials from the
XTRA Web Sites.
Please be sure to carefully read and understand all of the rights and restrictions described in this
Agreement. For your reference, you may print the text of this Agreement from this page now, or
refer to the copy of this Agreement that can be found by selecting the "Terms and Conditions"
link at the bottom of each web page. You may also receive a free copy of this Agreement by
contacting XTRA at Web Site Customer Service, XTRA Lease, Inc., 1801 Park 270 Drive, Suite
400, St. Louis, Missouri 63146.
1. MINORS EXCLUDED
You must be at least 18 years old or older to utilize the XTRA Web Sites.
2. INFORMATION AND PRIVACY
XTRA reserves the right at all times to monitor, review, and retain information that is acquired
through the XTRA Web Sites. XTRA does not want you, and you should not, send any
confidential or proprietary information to XTRA via the XTRA Web Sites. You agree that any
information or materials that you or individuals acting on your behalf provide to XTRA will not
be considered confidential or proprietary. By providing any such information or materials to
XTRA, you grant to XTRA an unrestricted, irrevocable, worldwide, royalty-free license to use,
reproduce, display, publicly perform, transmit and distribute such information and materials, and
you further agree that XTRA is free to use any ideas, concepts or know-how that you or
individuals acting on your behalf provide to XTRA. You further recognize that XTRA does not
want you to, and you warrant that you shall not, provide any information or materials to XTRA
that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates
the proprietary material of another.
XTRA's use of any personally identifiable information we gather through the XTRA Web Sites
is governed by our Privacy Policy which is incorporated into this Agreement by
this reference.
3. LICENSE
Subject to this Agreement, XTRA grants you a limited, non-exclusive, non-transferable license
to:
1. Download, display and view text, audio, video, graphics, sounds and other
material through the XTRA Web Sites ("Content").
2. Make one print copy of any non-audio and non-video Content for your personal,
noncommercial use, provided that you keep all copyright and proprietary notices
intact. Applicable laws may prohibit you from making a copy of any Content
without the permission of other rights holders. You agree XTRA owns all rights in and to the XTRA Web Sites and the Content. You have no
rights not expressly granted in this Agreement. You further agree (i) Content is protected by
copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights
owned by XTRA or third parties (collectively, "Rights"), (ii) these Rights are valid and protected
in all media existing now or later developed, and (iii) except as is explicitly provided otherwise,
your use of Content shall be governed by generally applicable copyright and other intellectual
property laws.
4. RESTRICTIONS
You agree to:
1. Abide by this Agreement, as amended by XTRA from time to time.
2. Abide by all additional policies, rules and procedures posted on the XTRA Web
Sites.
3. Abide by all applicable local, state, national and international laws and
regulations when using the Services.
4. Comply with all notices posted on the XTRA Web Sites limiting the use,
reproduction or dissemination of certain communications and materials.
You agree not to:
1. Resell, rent, license or lease any Content or other information retrieved from the
XTRA Web Sites to any third party.
2. Transfer or assign your license to another party.
3. Copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create
derivative works from, perform, or distribute Content in any way, except as
expressly permitted herein.
4. Furthermore, you will not use the XTRA Web Sites to:
(i) Conduct or facilitate surveys, contests, pyramid schemes, chain letters,
junk e-mails, spamming or any duplicative or unsolicited messages
(commercial or otherwise);
(ii) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
(iii) Harvest or otherwise collect information about others;
(iv) Create a false identity for the purpose of misleading others as to the
identity of the user;
(v) Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity that is not a user any directory of the users or other use
or usage information or any portion thereof;
(vi) Transmit or upload any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful or deleterious
programs;
(vii) Transmit or upload any material that contains software or other material
protected by intellectual property laws, rights of privacy or publicity or
any other applicable law unless you own or control the rights thereto or
have received all necessary consents;
(viii) Interfere with or disrupt networks connected to the XTRA Web Sites or
violate the regulations, policies or procedures of such networks;
(ix) Attempt to gain unauthorized access to other accounts, computer systems
or networks connected to the XTRA Web Sites, through password mining
or any other means;
(x) Violate any applicable laws or regulations including, without limitation,
laws regarding the transmission of technical data or software exported
from the Untied States through the XTRA Web Sites; and
(xi) Interfere with another user's use and enjoyment of the Services or another
individuals or entity's use and enjoyment of similar services.
5. TERMINATION
Either you or XTRA may terminate this Agreement at any time for any reason upon notice.
XTRA reserves the right to terminate or suspend your account for breach of this Agreement
without prior notice, although XTRA will confirm such termination or suspension by subsequent
notice to you. In addition to any other available remedies your use of the XTRA Web Sites will
cease immediately upon termination of this Agreement.
6. DISCLAIMER; SERVICES PROVIDED "AS IS"
THE XTRA WEB SITES AND CONTENT ARE PROVIDED "AS IS" AND AS AVAILABLE.
XTRA MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR USE OR PURPOSE. FURTHER, XTRA DISCLAIMS ANY WARRANTY
THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE
WITHOUT INTERRUPTION OR ERROR. XTRA MAKES NO WARRANTY AS TO THE
RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY,
COMPLETENESS OR SUITABILITY OF THE XTRA WEB SITES OR CONTENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE XTRA WEB
SITES OR CONTENT IS WITH YOU.
THE XTRA WEB SITES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. XTRA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF
THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR
OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE XTRA WEB
SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR
SOLE RISK, XTRA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT
ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE XTRA WEB SITES. XTRA
MAY MAKE ANY OTHER CHANGES TO THE XTRA WEB SITES, THE MATERIALS
AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN
THE XTRA WEB SITES AT ANY TIME WITHOUT NOTICE.
7. THIRD PARTY XTRA WEB SITES
The XTRA Web Sites may contain links to other web site operated by third parties, and other
web sites may provide links to the XTRA Web Sites. Such links are provided for your
convenience only. XTRA does not control these other web sites and assumes no liability or
responsibility for them, including any content or services provided to you through such web
sites. You should not consider any link to or from a third party web site as an endorsement of
any such web site by XTRA. By linking with such web sites, XTRA does not endorse, sponsor
or affiliate itself with the operation of such web sites or any goods or services offered through
such web sites.
8. NO LIABILITY
XTRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTENT
PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE
OF OR INABILITY TO USE THE SERVICES OR CONTENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NEITHER XTRA NOR ITS
DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AFFILIATES OR OTHER AGENTS
WILL BE LIABLE IN ANY WAY FOR ANY ACTION TAKEN BY ANY USER WHO HAS
GAINED ACCESS TO THE XTRA WEB SITES USING A PASSWORD PROVIDED TO
YOUR COMPANY BY XTRA, WHETHER OR NOT SUCH ACTION IS AUTHORIZED OR
EXECUTED BY A SECURE USER OR THE SECURE ACCOUNT MANAGER.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold XTRA, its officers, directors, employees, agents, and
content providers, harmless from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of your use of the XTRA Web Sites or
Content.
10. SPAMMING DAMAGES
Using the XTRA Web Sites to send spam or other unsolicited bulk e-mail is not only prohibited,
but can also cause damage to equipment and the reputations of XTRA and its content and service
providers. Because such damages are often difficult to quantify, you agree that it is reasonable
for you to pay XTRA damages of $5 for each piece of spam or unsolicited bulk e-mail
transmitted from, through, or in any manner or otherwise connected with your account and, if
you breach this Agreement by doing so, you agree to pay such damages to XTRA.
11. GOVERNING LAW AND VENUE
This Agreement will be governed by and construed in accordance with the laws of the State of
Delaware, United States of America, excluding its choice of law and also excluding the United
Nations Convention and Contracts for the International Sale of Goods. All litigation initiated by
you arising from or related to the XTRA Web Sites will be initiated and fully prosecuted in any
court of competent subject matter jurisdiction in the city of Wilmington within the state of
Delaware.
12. CHANGES
XTRA reserves the right, at its sole discretion, to change, modify, add or remove any portion of
this Agreement in whole or in part, at any time. Changes in this Agreement will be effective
when notice of such change is posted. Your continued use of the XTRA Web Sites after any
changes to this agreement are posted will be considered acceptance of those changes.
13. MISCELLANEOUS
No joint venture, partnership, employment or agency relationship exists between you and XTRA
as a result of this Agreement or your use of the XTRA Web Sites or the Services and Content.
Those provisions outlined here that normally would survive after you cease using the XTRA
Web Sites and Content will survive.
This Agreement constitutes the entire and only understanding between you and XTRA. In the
event of any conflict between this Agreement and any policy or statement regarding your use of
the XTRA Web Sites, this Agreement will govern.
Notices sent to you by XTRA in connection with this Agreement will be delivered to you
electronically or by written communication delivered by first class U.S. mail to your address on
record in the account information. You may give notice to XTRA customer service on the
XTRA Web Sites or by letter delivered by first class postage prepaid U. S. mail or overnight
courier to the following address;
XTRA Lease, Inc.
1801 Park 270 Drive
St. Louis, Missouri 63146
ATTENTION: Web Site Customer Service
The section titles in this Agreement are solely used for the convenience of the parties and have no
legal or contractual significance. This Agreement is severable to the extent any term is deemed
invalid, illegal or unenforceable. XTRA's failure to enforce any provision of this Agreement
will not be deemed a waiver of that or any other provision of this Agreement.
|
