Descartes Pacejet Terms of Service | Descartes Pacejet

Descartes Pacejet Terms of Service

PLEASE READ THIS USER AGREEMENT (THE “PACEJET TOS AGREEMENT” or the “TOS AGREEMENT”) CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE, THE PACEJET SERVICE OR ANY OTHER SERVICE OR MATERIALS PROVIDED ON THIS SITE.

BY SIGNING THE AGREEMENT LINKED TO THIS DOCUMENT AND THEREAFTER TRANSACTING BUSINESS, ENTERING DATA ON THE PACEJET WEBSITE, USING PACEJET OR ANY OTHER SERVICE ON THE PACEJET WEBSITE, YOU (“USER”) HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT WHICH INCORPORATES BY REFERENCE ANY ADDITIONAL LICENSES FOUND ON THE PACEJET WEBSITE, WHICH MAY BE AMENDED FROM TIME TO TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT ENTER ANY INFORMATION ABOUT YOURSELF OR YOUR COMPANY OR TRANSACT ANY BUSINESS THROUGH THIS SITE.

Pacejet Logistics, Inc. (is the owner and operator of this cloud solution/website and the products and services licensed thereon.

Contacts for questions or assistance

For questions, concerns, or requests regarding this policy or any Pacejet policy or service, please contact us at 877-722-3538 or

support@pacejet.com

ARTICLE I DEFINITIONS

1.01 – Definitions:

The following definitions shall apply:

ARTICLE II SCOPE OF SERVICES

2.01 – Grant of Rights
Pacejet grants to Customer, during the Term as set forth in the Pacejet Order Form and incorporated herein, a non-assignable, nontransferable, non-sublicensable, nonexclusive, revocable, limited right for Customer, through its Users, to access and use the Services. Such use shall be for Customer’s internal use and subject to the rights and restrictions of this TOS Agreement. Customer is granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Pacejet website. Customer warrants that said hyperlink will not portray Pacejet or any projects or services offered on the Pacejet Website in a false, misleading, derogatory, or other manner which Pacejet may deem offensive.

2.02 – Limitations on Use of Pacejet Website:
Customer may not resell or redistribute any part of the Pacejet Website or its contents or Services. Any collection and use of any Services, descriptions or prices, any derivative use of the Pacejet Website or its contents, any downloading or copying of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools is expressly forbidden. The Pacejet Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, modified, or otherwise exploited for any commercial purpose without the express advanced written permission of Pacejet. Except expressly set forth herein, no express or implied license or right of any kind is granted herein regarding the Services and/or Software, including any right to obtain possession of any source code, object code or other technical material relating to the Services and/or Software. All rights not expressly granted to Customer in writing are reserved to Pacejet. Any unauthorized use of the Pacejet Website shall terminate the license granted to Customer.

2.03 – Trademark Use:
Customer shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information including images, text, page layout or form, of Pacejet’s or any third party, from the Pacejet Website without Pacejet’s express written consent. Customer shall not use any meta tags or other “hidden text” utilizing Pacejet’s name or trademarks without the advance written consent of Pacejet. Customer may not use any logo or other proprietary graphic or trademark from the Website as part of any hyperlink without Pacejet’s express written permission.

2.04 – Modifications:
Customer acknowledges that any and all modifications to the Software and/or Service, including custom modifications which may be made on Customer’s behalf, remain the property of Pacejet. Customer will not and will not permit Users or any other party to (i) disassemble, decompile, decrypt or reverse engineer, or in any way attempt to discover or reproduce source code for, any part of the Service or Software; (ii) alter, modify, or prepare derivative works based on the Services, Software or other Intellectual Property of Pacejet as defined herein; or (iii) use any part of the Services or Software or any other Pacejet Intellectual Property to create, invent, or develop any computer program or other invention, work or device that performs, replicates, or utilizes the same or substantially similar functions as the Services or Software. Pacejet reserves the right, in its sole discretion, to modify, discontinue, add, adapt, or otherwise change any design or specification of the Software and/or Services as well as the Pacejet Website. Pacejet acknowledges that any such changes shall not materially degrade the functionality of the Pacejet Services.

2.05 – Pacejet Exclusivity:
Nothing in this TOS Agreement shall prohibit Pacejet from developing, making, using, improving, modifying, marketing, distributing, licensing, selling, producing, providing or otherwise commercializing the Software and Services. Pacejet acknowledges that such activities will not utilize or infringe any of Customer’s intellectual property rights or Confidential Information as defined in Section 4.05 herein.

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ARTICLE VII GENERAL PROVISIONS

7.01 – Compliance:
Customer is responsible for its own as well as its Users’ continual compliance with this TOS Agreement and all other related Pacejet guidelines which may be released from time to time. Customer will not and will not permit others to engage in activities prohibited by Pacejet.

7.02 – Survival:
All provisions of this TOS Agreement which by their nature are intended to survive the termination of this TOS Agreement shall survive, including obligations regarding Confidential Information.

7.03 – Notice:
Except as explicitly stated otherwise or in a separate written agreement between Customer and Pacejet, any notices shall be given by postal mail to:

Pacejet: 8760 Orion Place, Suite 300, Columbus, Ohio 43240
Customer: email address provided to Pacejet on the Pacejet Order Form

Notice shall be deemed given twenty-four (24) hours after email is sent unless Pacejet is notified that the email address is invalid. Alternatively, Pacejet may give Customer notice by certified mail, postage paid and return receipt requested, to the address provided by Customer to Pacejet on the Pacejet Order Form. In such case, notice shall be deemed given three (3) days after the date of the mailing.

ARTICLE VIII MISCELLANEOUS

8.01 – Publicity:
Notwithstanding anything in the TOS Agreement to the contrary, and subject to the confidentiality obligations of this TOS Agreement and without disclosing the specific terms of this TOS Agreement, Pacejet may refer to the fact that Customer is a customer of Pacejet, on Pacejet customer lists, advertising and marketing materials, in press releases, presentations and on the Pacejet Website (including use of Customer’s name and logos), or use Customer as a reference to prospective customers unless Customer specifies otherwise.

8.02 – Entire Agreement:
This TOS Agreement along with the Pacejet Order Form and any and all Pacejet Agreements contain the entire agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. Pacejet reserves the right to make changes to this TOS Agreement at any time and in its sole discretion. Pacejet will notify Customer of any changes to this TOS Agreement and/or any Pacejet Agreements as they occur. Customer’s and/or User’s use of the Pacejet Websites after notification of any changes to the TOS Agreement will be deemed as acceptance of said changes.