EACH TIME YOU USE THE WEB SITE, THIS AGREEMENT, AS AMENDED, WILL GOVERN YOUR USE. NFI MAY, IN ITS SOLDE DISCRETION, CHANGE, SUPPLEMENT OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT ANY PRIOR NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON. YOU MAY NOT CHANGE, SUPPLEMENT, OR AMEND THIS AGREEMENT IN ANY MANNER.
The web site is provided by NFI and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the web site.
Accuracy of Web Site information
We have made all reasonable efforts to ensure that the information published on this website is accurate as at the date of the original publication (in whatever medium) of any item of information.
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY NFI AND THE AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE.
Certain information contained on this website is provided by third parties and You acknowledge and agree that neither NFI nor our affiliates and subsidiaries have any control over the accuracy or completeness of such third party data.
Accuracy and use of Your information
All communications You submit through the Web Site or e-mail must be true, accurate and complete. NFI will rely upon the truth, accuracy and completeness of the communications You submit through the Web Site. If You submit any incorrect or incomplete communications, You and all persons You represent will be liable for any loss, damage or additional costs that You, NFI, its affiliates or other persons may incur as a result.
You authorize NFI and Affiliates and Providers to: (a) accept communications that they receive from You by means of the Web Site or e-mail as if those communications had been given directly by You in writing and signed by You; (b) disclose Your communications to any Affiliates and Providers, and NFI workers by means of the Web Site, e-mail or other communications; and (c) respond to Your communications by means of Internet communications, e-mail or other communications. Communications You send to NFI by means of the Web Site or e-mail are not effective unless and until they are processed by the responsible NFI representative.
NFI may refuse to process any communications sent to NFI by means of the Web Site or e-mail, or may reverse the processing of any communications sent to NFI by means of the Web Site or e-mail, at any time in NFI's discretion, and without any notice or liability to You or any other person.
NFI takes reasonable steps to ensure that Your personal data is disclosed only to those specified by You. However, the Internet is an open system and we cannot and do not guarantee that the personal data You have provided to us will not be intercepted or decrypted by others.
The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site. Products and services
Any reference to any product or service that has been or may be provided by us does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
This web site may at times be inaccessible or inoperable for any reason, including equipment malfunctions, maintenance procedures or repairs, causes beyond NFI’s control or those that are not reasonable foreseeable by NFI, or any other time at the sole discretion of NFI.
You may download and temporarily store one or more of the pages of this website for the purposes of viewing them. Any other use, storage, copying, transmission or distribution of the website and/or Content (or any part thereof) is prohibited without our prior written consent.
Our website is made available for use by current or potential NFI customers to interact with NFI and may not be used for any other person or entity or for any other purpose.
This website is operated by NFI for use in the United States and Canada. NFI makes no representation that the information in the website is appropriate or available for use in the other locations, and access to the website from territories where the contents of the website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Links to the Web Site without the express written permission of NFI are strictly prohibited. The framing, mirroring, scraping or data mining of the Web Site or any of its content in any form and by any method are strictly prohibited.
Limitation of liability
NFI SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF NFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR RELATED INFORMATION. NFI SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY CONTENT POSTED BY A THIRD PARTY AND CONTAINED IN THIS WEBSITE, INCLUDING ANY CONTENT WHICH MAY BE OFFENSIVE, PROFANE OR OBSCENE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND NFI'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
NFI AND THE AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY NFI TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY NFI IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO NFI BY MEANS OF THE WEB SITE OR e-mail, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEB SITE OR e-mail SERVICES.
WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING PROVISIONS THESE TREMS OF USE, NFI AND THE AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; (F) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF MALWARE, VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND NFI AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
NFI AND THE AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY NFI OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM NFI OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT NFI OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL NFI OR ANY OF THE AFFILIATES AND PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY NFI OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM NFI OR ANY AFFILIATE OR PROVIDER IS RESPONSIBLE, EXCEED $100 (US) OR THE AMOUNT YOU PAID TO NFI FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
The exclusion of certain warranties and the exclusion of certain liabilities may prohibited by legislation in some jurisdictions. Such legislative limitations may apply to You.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF NFI AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF NFI AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY NFI OR THE AFFILIATES AND PROVIDERS OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
YOUR ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.
Access to Shipping Related Systems and Information through the Website
The “Shipping Related Systems” are comprised of the NFI Systems which may provide tracking, time in transit, delivery confirmation and other functions and information related to the shipment of product via NFI truckload carrier. The Shipping Related Systems and Information gained from such systems (“Shipping Information”) are to be used by You solely in connection with products shipped by or to You or on Your behalf and for no other purpose.
The Shipping Related Systems and Shipping Information are the private property of NFI. NFI authorizes You to use tracking functionality within the Shipping Related Systems solely to track shipments tendered by or for You to NFI for delivery and for no other purpose. Without limitation, You are not authorized to make the Shipping Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of NFI. This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
Links to and from the website
Electronic links to the website are prohibited without our prior written consent.
THERE MAY BE LINKS IN THIS WEBSITE THAT WILL LET YOU LEAVE NFI'S WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NFI, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEBSITE DO NOT NECESSARILY REFLECT THE OPINION OF NFI. NFI IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEBSITE IS AT YOUR OWN RISK. NFI ASSUMES NO RESPONSIBILITY FOR, OR ANY OBLIGATION TO MONITOR, THE CONTENT OF SUCH LINKED INTERNET SITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY NFI OF THE LINKED SITE.
Restrictions on Use of the Web Site
You will not disguise the origin of information transmitted through the web site.
You will not place false or misleading information on the web site.
You will not use or access any service, information, application or software available via the web site in a manner not expressly permitted by NFI.
You will not input or upload to the web site any information which contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to do damage, interfere with, intercept or expropriate any system, the web site or information or that infringes the intellectual property right of another.
Certain areas of the web site are restricted to customers of NFI.
You may not use or access the web site or the NFI systems or services in any way that, in NFI’s judgement, adversely affects the performance or function of the NFI systems, services or the web site or interferes with the ability of authorized parties to access the NFI systems, services or the web site.
You may not frame or utilize framing techniques to enclose any portion or aspect of the content or the information, without the express written consent of NFI.
You will not use any automated inquire devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality.
The word NFI and the NFI logo and other marks and logos appearing on the Web Site are registered and unregistered trademarks, trade names and service marks owned or licensed by NFI. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.
Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.
The legality, validity or enforceability in that jurisdiction of any other provision of this agreement; or
The legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this agreement.
Governing law and jurisdiction
Any claims relating to the information available on this website will be governed by the laws of the State of New Jersey, U.S.A., excluding the application of its conflicts of law rules.