1.User's Acknowledgment and Acceptance of Terms. Sunrise Logistics, Inc. (referred to as "us" or "we") provides the Sunrise Logistics, Inc. site and various related services (together referred to as this
"site") subject to your compliance with all the terms, conditions, and notices
contained or referenced herein (the "Terms of Use"), as well as any other
written agreement between us (or your company). In addition, when using
particular services or materials on this site, users shall be subject to any
posted guidelines or rules applicable to such services or materials that may
contain terms and conditions in addition to those in these Terms of Use. All
such guidelines or rules are hereby incorporated by reference into these Terms
of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE
BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF
USE, PLEASE EXIT THE SITE NOW. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY
PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS
SITE, THEN YOU MUST STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR
SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
We reserve the right to change these Terms of Use from time to time without
notice to you. You acknowledge and agree that it is your responsibility to
review this site and these Terms of Use periodically and to be aware of any
modifications. Your continued use of this site after such modifications will
constitute your acknowledgement of the modified Terms of Use and agreement to
abide and be bound by the modified Terms of Use. As used in these Terms of Use,
references to our "Affiliates" include our owners, subsidiaries, affiliated
companies, officers, directors, suppliers, partners, sponsors, and advertisers,
and includes (without limitation) all parties involved in creating, producing,
and/or delivering this site and/or its contents.
2.Description of Services. We make various services
available on this site including, but not limited to, the ability for our
partners to request logistic services. Fees, if any, for the various services are set
out in the membership and service fees described elsewhere in this site. You
are solely responsible for providing, at your own expense, all equipment
necessary to use the services, including a computer and modem and your own
Internet access (including payment of telephone service fees associated with
such access). We reserve the sole right to either modify or discontinue the
site, including any features therein, at any time with or without notice to
you. We shall not be liable to you or any third party should we exercise such
right. Modifications may include, but are not limited to, changes in the
pricing structure, the addition of fee-based services, or changes to
limitations on allowable file sizes. Any new features that augment or enhance
the then-current services on this site shall also be subject to these Terms of
Use. You understand and agree that temporary interruptions of the services
available through this site may occur as normal events. You further understand
and agree that we have no control over third party networks you may access in
the course of the use of this site, and therefore, delays and disruption of
other network transmissions are completely beyond our control. You understand
and agree that the services available on this site are provided "AS IS" and
that we assume no responsibility for the timeliness, deletion, mis- delivery or
failure to store any user communications or personalization settings.
3.Registration Data and Privacy In order to access some of the services on this
site, you will require a separate account and password that can be obtained by
completing our online registration form (located under the Partner Access tab
of this site), which requests certain information and data ("Registration
Data") and maintaining and updating your Registration Data as required. By
registering, you agree that all information provided in the Registration Data
is true and accurate and that you will maintain and update this information as
required in order to keep it current, complete and accurate. You also grant us
the right to disclose to third parties certain Registration Data about you. The
information we obtain through your use of this site, including your
Registration Data, is subject to our Privacy Policy, which is specifically
incorporated by reference into these Terms of Use.
4.Payment of Fees. If you subscribe to a service on this
site that requires payment of a fee, you agree to pay all fees associated with
such service. For all charges for services on this site, we will bill your
credit card. Recurring charges are billed in advance of service. You agree to
provide us with accurate and complete billing information, including valid
credit card information, your name, address and telephone number, and to
provide us with any changes in such information within 10 days of the change.
If, for any reason, your credit card company refuses to pay the amount billed
for the service, you agreement that we may, at our option, suspend or terminate
your subscription to the service and require you to pay the overdue amount by
other means acceptable to us. We may charge a fee for reinstatement of
suspended or terminated accounts. You agree that until your subscription to the
service is terminated, you will continue to accrue charges for which you remain
responsible, even if you do not use the service. In the event legal action is
necessary to collect on balances due, you agree to reimburse us for all
expenses incurred to recover sums due, including attorney fees and other legal
expenses.
5.Conduct on Site. Your use of the site is subject to
all applicable laws and regulations, including Netiquette, and you are solely
responsible for the contents of your communications through the site. By
posting information in or otherwise using any communication service, newsgroup,
or other interactive service that may be available to you on or through this
site, you agree that you will not upload, share, post, or otherwise distribute
or facilitate distribution of any content including text, communications,
software, images, sounds, data, or other information that:
1.Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, contains explicit or
graphic descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates our rules or
policies;
2.Victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
3.Infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
4.Constitutes unauthorized or unsolicited advertising, junk or bulk email (also
known as "spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
5.Contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
6.Impersonates any person or entity, including any of our employees or
representatives.
We neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third party users of the site. We generally do not
pre-screen, monitor, or edit the content posted by users of communication
services, newsgroups, or other interactive services that may be available on or
through this site. However, we and our agents have the right at their sole
discretion to remove any content that, in our judgment, does not comply with
these Terms of Use and any other rules of user conduct for our site, or is
otherwise harmful, objectionable, or inaccurate. We are not responsible for any
failure or delay in removing such content. You hereby consent to such removal
and waive any claim against us arising out of such removal of content. See
"User's Materials" below for a description of the procedures to be followed in
the event that any party believes that content posted on this site infringes on
any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party. In addition, you may not use your account to
breach security of another account or attempt to gain unauthorized access to
another network or server. Not all areas of the site may be available to you or
other authorized users of the site. You shall not interfere with anyone else's
use and enjoyment of the site or other similar services. Users who violate
systems or network security may incur criminal or civil liability. You agree
that we may at any time, and at our sole discretion, terminate your membership
without prior notice to you for violating any of the above provisions. In
addition, you acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating
with law enforcement authorities in investigating suspected criminal
violations.
6.Third Party Sites and Information. This site may link
you to other sites on the Internet or otherwise include references to
information, documents, software, materials and/or services provided by other
parties. These sites may contain information or material that some people may
find inappropriate or offensive. These other sites and parties are not under
our control, and you acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
content of such sites, nor are we responsible for errors or omissions in any
references to other parties or their products and services. The inclusion of
such a link or reference is provided merely as a convenience and does not imply
endorsement of, or association with, the site or party by us, or any warranty
of any kind, either express or implied.
7.Intellectual Property. Information For purposes of
these Terms of Use, "content" is defined as any information, including but not
limited to, communications, software, photos, video, graphics, music, sounds,
and other material and services that can be viewed by users on our site. By
accepting these Terms of Use, you acknowledge and agree that all content
presented to you on this site is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws, and is the sole
property of Sunrise Logistics, Inc. and/or its Affiliates. You are only
permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you may
not copy, reproduce, modify, republish, upload, post, transmit, or distribute
any documents or information from this site in any form or by any means without
prior written permission from us or the specific content provider, and you are
solely responsible for obtaining permission before reusing any copyrighted
material that is available on this site. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark and other applicable
laws and could result in criminal or civil penalties. Neither we or our
Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this site will not infringe the rights of third parties. See
"Use of Your Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
8.User's Materials. Subject to our Privacy Policy, any
communication or material that you transmit to this site or to us, whether by
electronic mail or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such
communications or material, you grant us and our designated licensees a
non-exclusive, perpetual, and worldwide right to copy, distribute, display,
perform, publish, translate, adapt, modify, and otherwise use such material for
any purpose regardless of the form or medium (now known or not currently known)
in which it is used. Please do not submit confidential or proprietary
information to us unless we have mutually agreed in writing otherwise. We are
also unable to accept your unsolicited proposals, so please do not submit them
to us in any circumstance. We respect the intellectual property of others, and
we ask you to do the same. If you or any user of this site believes its
copyright, trademark or other property rights have been infringed by a posting
on this site, you or the user should send notification to our Designated
Agent (as identified below) immediately. To be effective, the notification must
include:
1. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining
party, such as address, telephone number and, if available, an electronic mail
address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be
subject to infringing activity and that is to be removed and information
reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our
Designated Agent for Notice of claims of copyright infringement can be reached
as indicated below. Service of repeat infringers of copyright or of users about
whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: General Counsel Sunrise Logistics, Inc. P.O. Box 584 Ephrata, PA 17522 717-721-2759.
You acknowledge and agree that upon receipt of a notice of
a claim of copyright infringement, we may immediately remove the identified
materials from our site without liability to you or any other party and that
the claims of the complaining party and the party that originally posted the
materials will be referred to the United States Copyright Office for
adjudication as provided in the Digital Millennium Copyright Act.
9.Disclaimer of Warranties. ALL MATERIALS AND SERVICES
ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU
FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE
FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER
MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF
ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in
commercial transactions with other users and vendors. You acknowledge that all
transactions relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms, warranties,
guarantees, maintenance and delivery terms relating to such transactions, are
agreed to solely between the seller or purchaser of such merchandize and
services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN
CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS
ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN
CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON
OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY,
AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Before purchasing products and services on or through this site, review our
Partner Access Account Terms and Conditions, which are incorporated by
reference into these Terms of Use. Content available through this site often
represents the opinions and judgments of an information provider, site
user, or other person or entity not connected with Sunrise Logistics, Inc.
We do not endorse, nor are we responsible for the accuracy or reliability of,
any opinion, advice, or statement made by anyone other than an authorized Sunrise Logistics, Inc. spokesperson speaking in his/her official capacity.
Please refer to the policies posted on various sections of this site for
further information, which policies are incorporated by reference into these
Terms of Use. In addition, the materials on this site may include sample or
form agreements, letters or other documents, including financially or legally
significant documents such as contracts and other items ("Forms"). These Forms
are provided solely as examples of typical documents of their kind, and the
delivery and use of Forms does not constitute legal, accounting or other
professional advice. Under no circumstances will Sunrise Logistics, Inc. or
its Affiliates be liable for any loss or damages caused by your reliance on
information or advice obtained through this site, including your use of any of
the Forms. It is your responsibility to evaluate the accuracy, completeness, or
usefulness of any information, opinions, advice, Forms or other content
available on or through this site. In particular, you are urged to consult an
appropriate professional licensed in your jurisdiction before using any Forms
or otherwise relying on any legal, accounting, or other professional advice or
information obtained on or through this site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.Limitation of Liability. Your exclusive remedy and
our entire liability, if any, for any claims arising out of these Terms of Use
and your use of this site shall be limited to the amount you paid us for the
services on the site during the one week period before the act giving
rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED
TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR TH IRD PARTY
GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE
PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
11.Indemnification. Upon a request by us, you agree to
defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including attorney's fees, that arise from
your use or misuse of this site. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
12.Participation in Promotions. From time to time, this
site may include advertisements offered by third parties. You may enter into
correspondence with or participate in promotions of the advertisers showing
their products on this site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence
or promotion.
13.Use of Site and Storage of Material. You acknowledge
that we may establish general practices and limits concerning use of the
services available on our site, including without limitation the maximum number
of days that uploaded content will be retained on the site, the maximum disk
space that will be allotted on our servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
services in a given period of time. You agree that we have no responsibility or
liability for the deletion or failure to store any content maintained or
transmitted on or through this site. You acknowledge that we reserve the right
to log off accounts which have not paid a subscription fee that are inactive
for an extended period of time. You further acknowledge that we reserve the
right to change these general practices and limits at any time, in our sole
discretion, with or without notice. We provide storage space and access for
material through our site. For purposes of these Terms of Use, "material"
refers to all forms of communication that we may allow, including narrative
descriptions, graphics (including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio recordings. You may
not use this site to publish material that we determine, at our sole
discretion, to be unlawful, indecent, or objectionable, or which violates the
restrictions described in "Conduct on Site" above. We will not routinely
monitor the contents of your online portfolio. You are solely responsible for
any information contained in your online portfolios. However, if complaints are
received regarding language, content, or graphics contained in your online
portfolio, we may, at our sole discretion, remove the images hosted on our
servers and terminate your service. We may also suspend the account, restrict
access to it, or remove content from it if necessary or appropriate. The
accounts of our users operate on shared resources. Excessive use or abuse of
these shared network resources by one user may have a negative impact on all
other users. Misuse of network resources in a manner that impairs network
performance, including excessive consumption of CPU time, memory, disk space,
and session time, is prohibited and may result in termination of your account
or limitation of your activities. This site is not designed or intended to be
used as a disaster recovery facility or as an emergency data storage facility.
Although we take reasonable precautions to preserve and protect the material
you upload to the site, you should not rely on the site as your only storage
facility. You should preserve backup copies of any digital data, information or
other materials that you have uploaded. You agree not to hold us for any damage
to, any deletion of or any failure to store your files, data or Registration
Data.
14.Security and Password. You are solely responsible for
maintaining the confidentiality of your password and account and for any and
all statements made and acts or omissions that occur through the use of your
password and account, including any mail sent and any charges incurred.
Therefore, you must take steps to ensure that others do not gain access to your
password and account. Our personnel will never ask you for your password. You
may not transfer or share your account with anyone, and we reserve the right to
immediately terminate your account in the event of any unauthorized transfer or
sharing thereof.
15.Export Controls. Software available on or through
this site is subject to United States Export Controls. No software from this
site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country which the United States
has embargoed goods; or (b) anyone on the United States Treasury Department's
list of Specially Designated Nationals or the United States Commerce
Department's Table of Deny Orders. By downloading or using the software, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
16.International Use Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate or available for use
in locations outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
site from other locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service, and/or
information made in connection with this site is void where prohibited.
17.Termination of Use. You agree that we may, in
our sole discretion, terminate or suspend your access to all or part of the
site with or without notice and for any reason, including, without limitation,
breach of these Terms of Use. Any suspected fraudulent, abusive or illegal
activity may be grounds for terminating your relationship and may be referred
to appropriate law enforcement authorities. Upon termination or suspension,
regardless of the reasons therefore, your right to use the services available
on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or this site.
We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by us
in connection therewith. Sections 1, 3, 5-11, 13, and 18-20 of these Terms of
Use, as well as your liability for any unpaid fees, shall survive any
termination.
18.Governing Law. This site (excluding any linked
sites) is controlled by us from our offices within the State of Pennsylvania,
United States of America. It can be accessed from all 50 states, as well as
from other countries around the world. As each of these places has laws that
may differ from those of Pennsylvania, by accessing this site both of us agree
that the statutes and laws of the State of Pennsylvania, without regard to the
conflicts of laws principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the use of
this site and the purchase of products and services available through this
site. Each of us agrees and hereby submits to the exclusive personal
jurisdiction and venue of the Court of Common Pleas of Lancaster County and the
United States District Court for the Eastern District of Pennsylvania with
respect to such matters.
19. On-line Sales, Market Volatility and Order Pricing. You
understand that the placement of an order at a certain price is not a guarantee
at that price and you will receive the price for each service when your order
is accepted by Sunrise Logistics, Inc. During certain seasons or periods in a
year, price fluctuations exist and the Price List will not reflect the current
market price.You understand that Sunrise Logistics, Inc. is not liable
for any market price fluctuations.You agree to pay the market price of
the service at the time the order is accepted. You understand that the price
you pay may be higher or lower than anticipated at the time you placed the
order.You understand that Sunrise Logistics, Inc. makes no warranty of any
kind, express or implied regarding the timeliness, sequence, accuracy or
completeness of the Price List.You agree that Sunrise Logistics, Inc. is not
liable for any losses relating to the inaccuracy of data in the Price List, a
delay in processing of your order or the interruption of the ordering process
due to any cause beyond Sunrise Logistics, Inc.'s control.
20. Notices. All notices to a party shall be in writing
and shall be made either via email or conventional mail. Notices to us
must be sent to the attention of info@sunriselogisticsinc.com, if by email, or at Sunrise Logistics, Inc., PO Box 584, Ephrata, Pennsylvania 17522, if by
conventional mail.In addition, we may broadcast notices or messages through the
site to inform you of changes to the site or other matters of importance, and
such broadcasts shall constitute notice to you. Any notices or communication
under these Terms of Use will be deemed delivered to the party receiving such
communication (1) on the delivery date if delivered personally to the party;
(2) two business days after deposit with a commercial overnight carrier, with
written verification of receipt; (3) five business days after the mailing date,
if sent by US mail, return receipt requested; (4) on the delivery date if
transmitted by confirmed facsimile; or (5) on the mail sent date if transmitted
by confirmed email.
21. Entire Agreement. These terms and conditions
constitute the entire agreement and understanding between us concerning the
subject matter hereof and supersedes all prior agreements and understandings of
the parties with respect thereto. These Terms of Use may NOT be altered,
supplemented, or amended by the use of any other document(s). Any attempt to
alter, supplement or amend this document or to enter an order for products or
services which are subject to additional or altered terms and conditions shall
be null and void, unless otherwise agreed to in a written agreement signed by
you and us. To the extent that anything in or associated with this site is in
conflict or inconsistent with these Terms of Use, these Terms of Use shall take
precedence.
22. Miscellaneous. In any action to enforce these Terms
of Use, the prevailing party will be entitled to costs and attorneys' fees. Any
cause of action brought by you against us or our Affiliates must be instituted
within one year after the cause of action arises or be deemed forever
waived and barred. You may not assign your rights and obligations under these
Terms of Use to any third party, and any purported attempt to do so shall be
null and void. We may freely assign our rights and obligations under this Terms
of Use. You agree not to sell, resell, reproduce, duplicate, copy or use for
any commercial purposes any portion of this site, or use of or access to this
site. In addition to any excuse provided by applicable law, we shall be excused
from liability for non-delivery or delay in delivery of products and services
available through our site arising from any event beyond our reasonable
control, whether or not foreseeable by either party, including but not limited
to, labor disturbance, war, fire, accident, adverse weather, inability to
secure transportation, governmental act or regulation, and other causes or
events beyond our reasonable control, whether or not similar to those which are
enumerated above. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or
related rights shall not constitute a waiver of that right or provision.
23.Contact Information. Except as explicitly noted on
this site, the services available through this site are offered by Sunrise Logistics, Inc., a Pennsylvania corporation, located at P.O. Box 584, Ephrata,
Pennsylvania 17522. Our telephone number is 717-721-2759 Copyright © 2010 Sunrise Logistics, Inc. All Rights Reserved. Version 1 - 2/22/2007