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Terms & Conditions
By subscribing to and/or using Digital Waybill services, you (Customer) agree to the following terms and conditions:
1. Rates and Billing. Rates and fees for the services are available at the web site and those rates and fees are fully incorporated herein. All charges for services will be debited to the credit card provided by Customer. If the credit card or other form of payment is denied, or if the account is otherwise past due, service may be disabled immediately and terminated if the payment is not made within five days of the due date or date upon which the credit card/EFT charge was attempted. Digital Waybill shall not be liable for any accounts suspended or terminated for non-payment.
2. Digital Waybill has no control over the content of the information transmitted through its accounts. Digital Waybill does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a Digital Waybill account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a Digital Waybill account, or (iii) assume any liability for any material distributed through a Digital Waybill account which is distributed in violation of any third party’s copyright or other intellectual property right.
3. Use of Service. The Services may not be used for unlawful purposes and Customer agrees to comply with all applicable laws, regulations, or conventions including but not limited those related to data privacy, international communications, exportation of technical or personal data, junk mail and Do Not Mail regulations. Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, harassing, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Customer may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder. Customer agrees not to use the service in any way that would interfere or impact Digital Waybill network or service to other customers.
4. LIMITATION OF LIABILITY. As a material inducement for Digital Waybill to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Digital Waybill OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. In the event of Digital Waybill’s failure to provide service or provision of unsatisfactory service, for any reason whatsoever, Digital Waybill’s sole liability shall be to provide credit equal to the charges for the affected services.
5. Digital Waybill MAKES NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. Digital Waybill EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
