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800 Cottage Grove Rd
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Priority Expresss Inc. TERMS OF USE

Last Updated: July 14, 2010

Terms of Acceptance. When you access Priority Express, Inc.com (the “Website”), you acknowledge that you have read and agree to abide by the Terms of Use described below. If you do not agree to all of the Terms of Use, do not access or use the Website. By accessing or using the Website, you and/or the entity you are authorized to represent signify your agreement to be bound by the Terms of Use.

In addition, when utilizing particular Website applications (i.e. password protected sites), you may be asked to agree, or if you are acting on behalf of an entity, the entity may be asked to agree, on your behalf, to the additional specific Terms of Use.

User Eligibility. The Website is provided by Priority Express, Inc. Incorporated (“Priority Express, Inc.”) and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law.

Scope of Terms of Use. Priority Express, Inc. provides the Website to disseminate public information concerning Priority Express, Inc.‘s services and products (“Information”) and for use by current customers as well as potential customers and certain other parties listed in the Website only. These Terms of Use govern the use of the Website and all applications, software, and services (all of the foregoing, collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

Website Updates; Modifications. The content of the Website may be updated and/or revised at anytime without notice. Your continued usage of the Website after any changes to these Terms of Use will mean you accept those changes. Priority Express, Inc. may also change or impose fees for products and services provided through the Website at any time in its sole discretion.

Restrictions on Use of the Website. In addition to other restrictions set forth in these Terms of Use, you agree that:

(i) You shall not disguise the origin of information transmitted through the Website.
(ii) You will not place false or misleading information on the Website.
(iii) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(iv) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Priority Express, Inc.
(v) You may not use or access the Website or Services in any way that, in Priority Express, Inc.‘s judgment, adversely affects the performance or function of the Website, the Services or interferes with the ability of authorized parties to access the Website or Services.
(vi) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content (as defined below) or the Information, without the express written consent of Priority Express, Inc..
(vii) Certain areas of the Website are restricted to customers of Priority Express, Inc.

Ownership. Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its content (the “Content”) are the sole property of Priority Express Inc., its subsidiaries, its affiliates or third parties. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of Priority Express, Inc., its subsidiaries, its affiliates or other entities that have granted Priority Express, Inc. the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Priority Express, Inc.. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Priority Express, Inc.’s or the appropriate third party’s prior written permission.

Termination. You agree that Priority Express, Inc., in its sole discretion, may terminate or suspend Your use of the Website, the Information, the Services and the Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. You agree that Priority Express, Inc. shall not be liable to you or any third party for any termination or suspension of your access to the Website, the Information and/or the Services.

Disclaimer of Warranties. PRIORITY EXPRESS, INC. MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEBSITE, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. PRIORITY EXPRESS INC., ITS SUBSIDIARIES AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PRIORITY EXPRESS INC., ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY PRIORITY EXPRESS INC. IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT PRIORITY EXPRESS INC. IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES RELATED TO USE OF THE WEBSITE, PRIORITY EXPRESS INC. IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRIORITY EXPRESS INC., ITS SUBSIDIARIES ORAFFILIATES, OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE INFORMATION, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRIORITY EXPRESS INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Governing Law; Jurisdiction. These Terms of Use shall be interpreted in accordance with the laws of the State of Connecticut, and any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts of the State of Connecticut, without giving effect to the principles of conflicts of law.

You expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the website, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.

General. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement. Except as expressly provided in a separate license, service agreement or other written agreement between you and Priority Express, Inc., these Terms of Use constitute the entire agreement between you and Priority Express, Inc. with respect to the use of the Website, any software or Service, Information and Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

Customer Service. Questions or comments regarding the Website may be submitted to Priority Express, Inc. Customer Service.