Terms of Service

Last Modified: March 2, 2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.

By using or downloading information from this Website, you represent that you have read and understand these Terms of Service and agree to be bound by them. If you do not agree with these Terms of Service, in whole or in part, please do not continue to use this Website. 

1.      Changes to Terms of Service

Advent Intermodal Solutions LLC (“Company”, “us”, or “we”) may modify these Terms of Service at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Website following the posting of changes will indicate your acceptance of those changes. 

2.      Copyright and Restrictions on Use

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Materials”), as well as its organization and design are the property of Company or its suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  These Terms of Service permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Material, except as follows:

• Your computer may temporarily store copies of Materials in RAM incidental to your accessing and viewing those Materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree to not: 

• Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Engage in any conduct that restricts or inhibits any other party’s use or enjoyment of the Website, or which, as determined by us, may harm us, our customers or users of the Website or expose them to liability.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any page-scrape, robot, spider or other automatic device, process, algorithm, program or methodology to access the Website for any purpose, including monitoring or copying any of the Material.
• Use any manual process to monitor or copy any of the Material or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Otherwise attempt to interfere with the proper working of the Website.
• Reverse engineer, disassemble or decompile any software contained on or accessed through the Website.

3.      Conditions of Use

In connection with each transaction and proposed transaction through access or use of any of the Website or any Website-related services, you acknowledge and agree that: (a) Company has provided the Website to serve only as a medium to facilitate the initiation of a commercial transaction between or among parties other than Company; (b) each transaction and proposed transaction shall be directly between or among parties other than Company; (c) Company is not and shall not be a party to any transaction; (d) Company does not owe any fiduciary duty to any party or to have any special relationship with any party; (e) Company may or may not be a manufacturer, distributor or seller of any goods or services in a transaction; (f) the parties (other than Company) are responsible for determining and ensuring that all transactions comply with applicable law, including, without limitation, payment of applicable taxes; and (g) Company may or may not have control over any transaction, therefore, registered users agree that they will proceed under the assumption that Company does not.

4.      Intellectual Property Notice

Nothing contained in these Terms of Service shall be construed as conferring any license or right to any trademark or other intellectual property right of Company, its suppliers or any other party. “eModal” and “Advent Intermodal Solutions LLC” and the related logos displayed throughout this Website are the trademarks or registered trademarks of Company.  You may not display, use as a link, or otherwise use any of the trademarks, trade names, service marks or logos of Company or its suppliers without the prior written consent of the owning party. All other trademarks, trade names, service marks and logos are the property of their respective owners.  

5.      Compliance with Law 

We control and operate this Website from our offices or from a supplier’s designated datacenter. Company makes no representation that the Materials are appropriate or available for use in a particular location. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Website. 

6.      Other Businesses and Links

Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, logo or otherwise does not constitute or imply endorsement by Company or its suppliers. This Website may contain links to websites or be linked to websites not under the control of Company or its suppliers. Company and its suppliers do not endorse the companies, products or websites that are linked to this Website. Accordingly, Company and its suppliers do not assume any responsibility or liability for the actions, products or content of linked websites. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. 

7.      Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS SUPPLIERS EXPRESSLY

DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,

OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, COMPANY AND ITS SUPPLIERS DO NOT

WARRANT THAT THIS WEBSITE OR THE MATERIALS: (A) ARE COMPLETELY

ERROR FREE; (B) WILL OPERATE WITHOUT INTERRUPTION; (C) ARE

CURRENT, ACCURATE OR COMPLETE; (D) ARE COMPATIBLE WITH ALL

EQUIPMENT AND SOFTWARE CONFIGURATIONS; (E) ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; OR (F) WILL OTHERWISE MEET YOUR NEEDS. 

Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems (“E-Problems”). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our Website is immune to E-Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E-Problems include using firewalls, password protection, and anti-virus programs.

COMPANY WILL USE THE WEBSITE TO SEND PROMOTIONAL MESSAGES, USER INFORMATION, PRESS RELEASES, SERVICE UPDATES, TECHNICAL INFORMATION, AND OTHER INFORMATION.

8.      Limitation on Liability

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS AND AFFILIATES, AND

EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR

AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT

LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT,

SOFTWARE OR DATA) RELATED TO OR THAT RESULT FROM: (A) YOUR USE

OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIALS; (B) YOUR

RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE; OR (C) ANY

GOODS OR SERVICES ADVERTISED ON, OR LINKED TO, THIS WEBSITE,

EVEN IF COMPANY OR ITS SUPPLIERS OR AFFILIATES ARE AWARE OF THE

POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. 

9.      Restriction, Suspension and Termination

If Company determines, in its sole discretion, that you are using or have used any portion of the Website or the Materials in a manner inconsistent with any of these Terms of Service, Company shall have the right to take appropriate action without prior notice to you including, without limitation, the following: (a) remove any material you have submitted; (b) limit, restrict, suspend and/or terminate your access to, and use of, the Website, Materials or any portion thereof; and (c) seek any remedies available at law or in equity. 

10.  Privacy Policy

Any collection or use of personally identifiable information collected from you via this Website is governed by our Privacy Policy, which forms a part of these Terms of Service. 

11.  Indemnification

You shall indemnify and hold Company, its suppliers and affiliates, and each of their respective directors, officers, employees, owners, members, agents, representatives, licensors, licensees, and investors (collectively, the “Indemnified Parties”), harmless from and against any and all claims, legal actions, demands, controversies, disputes, liabilities, losses, expenses, costs and/or damages including, without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”) arising out of or related to any breach by you of any of the Terms of Service or otherwise relating or arising from your access or use of the Website or the Materials. You shall cooperate, at your expense, as reasonably requested by Company in the defense of all Claims. 

12.  Entire Agreement and Amendment

These Terms of Service, including the Privacy Policy, constitute the entire agreement between Company and you with respect to the subject matter hereof. Any and all portions of the Terms of Service may be modified, amended, changed, added, or removed at any time and from time to time at the sole discretion of the Company. 

13.  Waiver

No failure or delay on the part of Company to exercise any right, power or remedy under these Terms of Service shall operate as a waiver; nor shall any single or partial exercise by Company of any right, power or remedy under these Terms of Service preclude any other or further exercise of any right, power or remedy. 

14.  Severability

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. 

15.  Governing Law, Venue and Dispute Resolution

These Terms of Service shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the state of California, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms of Service and your use of this Website and the Materials shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Such arbitration shall be held in Los Angeles County, California before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent

jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS

SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR

ACCESS TO, OR USE OF, THIS WEBSITE YOU IRREVOCABLY AND

UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE

JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, UNITED STATES OF AMERICA.

Privacy Policy

Last Modified: March 2, 2017

We recognize the importance of your privacy. Please read the following policy to understand how your information will be treated by Advent Intermodal Solutions LLC (“eModal”, “us” or “we”) in connection with this website.

Our website may contain links to websites, products, or services of other companies. These and other third party websites, products, and services are not controlled by us and are not subject to this privacy policy.

Information We Collect

What information we collect from visitors to our website depends upon how visitors choose to interact with us through the website. However, your election to use our full range of services may involve providing personal information to us that identifies you or can be used to identify or contact you, such as your name, telephone number, email address, postal address, or billing information. When you provide personal information to us, you are no longer anonymous to us. The following is a list of types of information we may collect and ways in which it is collected:

• Information you provide. Some features of the website may require that you provide us with personal information as a condition of accessing and using those features, and some features of the website may give you the option to provide personal information. If we offer services or promotions that require registration, we will ask you for personal information such as your telephone number. If we charge a fee for any services on the website, we will request your name and credit card or other payment account information. You may of course choose to submit information to us in various ways as well, such as when you contact us by email.
• Partner sites. We may offer some services through relationships with other companies and websites. Personal and other information that you provide to those websites may be sent to us. We process that information in accordance with this privacy policy. The partner companies or websites may have different privacy practices and we encourage you to read their privacy policies.
• Logged information. We may automatically collect and store some information that you do not actively provide, such as your internet protocol (IP) address, browser type, the date and time of your visit, and the last website or web page you visited.
• Cookies and other internet technology.
• When you visit or use the website, we may send one or more cookies (that is, small text files) to your computer that identify your computer browser’s visit. Most browsers are initially set to accept cookies, but you can typically change your browser’s settings to refuse all cookies or notify you when of a new cookie request. However, some features of the website may not function properly if cookies are disabled, deleted, or refused. We may use other technology, such as clickstreams to, through, and from our website and web beacons to, among other things, track the habits and preferences of our visitors. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
• Cookies placed by eModal or our partners may incorporate personal information, such as your user name and password, if any, although passwords will not be included unless you request that they be saved for automatic login.

Information Use and Disclosure

• We may collect and use personal and other information to provide certain features of our website. For example, we may collect and use this information to respond to or fulfill requests or enquiries, communicate with you in general, and store user preferences.
• We may also share personal and other information with our selected suppliers, service providers, and partner websites to facilitate providing services to you. For example, we may provide such information to third parties that are involved with operating and maintaining the website (including for example where another company provides website hosting, customer support, or email message deployment services for us), performing business and sales analysis, and improving the website.
• We might collect and use non-personal (anonymous) information to measure the usage and effectiveness of our website, and improve our website. Much of this information is gathered by us or other companies using cookies or other internet technologies, as described above under “Information We Collect.”
• We use and share personal information where you have chosen to allow us to use and share that information for specific purposes. For example, you may choose to allow us to share personal information with other companies for offers or other marketing purposes, among other things.
• We disclose personal and other information if we have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process, or an enforceable government request; to enforce applicable terms of use for our website; to detect, prevent, or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, eModal, or the public as required or permitted by law.
• In connection with a significant transaction or proposed transaction involving eModal, such as a merger or acquisition, we may transfer personal and other information to another company.

Your Choices

We make good faith efforts to provide you with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request if it is not required to be retained by law or for legitimate business purposes. We require users to reliably identify themselves and the information they wish to access, correct, or remove before processing these requests, and we may decline to process requests that we believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy). Please contact us as described below in this privacy policy if you wish to review or correct your personal information.

We generally do not remove information that you have made publicly available, and information that has already been provided to third parties as described in this privacy policy may be retained by those third parties and will be subject to their policies, not this privacy policy.

If we propose to use or share personal information for any purposes other than those described in this privacy policy, we will offer you an effective way to opt out of the use and sharing of personal information for those other purposes.

Information Security

We take security measures to protect against unauthorized access to and unauthorized alteration, disclosure, or destruction of personal information. You should be aware, however, that no transmission over the Internet, and no electronic data storage method, is 100% secure.  Therefore, we cannot guarantee the absolute security of the personal information you provide us either during its transmission or its storage on our computers.

Contacting Us

If you have any questions or concerns about this privacy policy, please feel free to contact us by email at helpdesk@emoddal.com or at the following mailing address:

eModal

C/O Advent Intermodal Solutions LLC

890 Mountain Avenue, Suite 210

Murray Hill, NJ 07974

Changes to this Privacy Policy

This privacy policy may change from time to time. We will post any changes on this page, and for significant changes we will provide a more prominent notice on our website. Each version of this privacy policy will be identified by its revision date at the top of the page.