TransCore Link Logistics: General Terms and Conditions

IMPORTANT

These general terms and conditions (“Terms and Conditions”) act as a legal agreement between TransCore Link Logistics Corporation® ("TransCore") and your company ("COMPANY") (which refers to you personally if you are acting on your own behalf, or the company or other legal entity for which you are an authorized representative).

1. LICENSE

TransCore grants Company the NON-EXCLUSIVE, NON TRANSFERABLE, REVOCABLE LICENSE to use the software, and/or Online Service as modified or enhanced from time to time, and accompanying documentation (the "SYSTEM") on the following terms. TransCore (or its licensor, in the case of any incorporated third party software) retains ownership of the SYSTEM, data, and accompanying documentation and all rights not specifically given to Company in this license. TransCore grants to Company the right to use the SYSTEM or access its Online Services on a per user basis in the location specifically registered on the Subscription Agreement. Company may not use the software or access the Online Services from or on behalf of another office, user, or location other than that as specified on the Subscription Agreement. Company may not reverse engineer, decompile or disassemble the SYSTEM and Company may not remove, alter or deface any proprietary notices on the SYSTEM. Company shall not transfer or assign the SYSTEM, any accompanying documents, these Terms and Conditions, access codes, or any rights granted hereunder without the prior written consent of TransCore. The SYSTEM or any part thereof may not be redistributed or rebroadcast without the express permission of TransCore. TransCore reserves the right to monitor, deny or cancel service to anyone at its sole discretion and to cancel service if complaints are received. Failure to comply with these Terms and Conditions, Subscription Agreement or policies will result in immediate discontinuance of access and service, and possible legal action.

2. COMPUTER REQUIREMENTS

Loadlink

 

Operating System

Windows Vista, Windows 7, Windows 8, Windows 8.1

Processor

2 Gigahertz (GHz) Pentium compatible processor or higher

RAM  

2 Gigabytes (GB) minimum

Available Hard Disk Space

1 Gigabytes (GB) minimum

Display

1024 x 768 minimum resolution with high colour

Browser

Microsoft Internet Explorer 8 or higher; (LoadlinkWeb: Microsoft Internet Explorer 10 or higher, Google Chrome for PC)

Software

.NET 2.0 Framework with SP2

Internet Connection

Cable, DSL or compatible high speed internet connection

LoadlinkMobile

 

Device

Compatible Smartphone or tablet matching the following minimum requirements: Android (2.2 or higher), iPhone, iPad, iPod Touch (iOS 5 or higher), BlackBerry Smartphone (OS 6)

3. COPYRIGHTS AND TRADEMARKS

Company should assume that everything Company sees or reads on the SYSTEM is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the SYSTEM without the written permission of TransCore. TransCore neither warrants nor represents that Company's use of materials displayed on the SYSTEM will not infringe rights of third parties not owned by or affiliated with TransCore.

Images of people or places displayed on the SYSTEM are either the property of, or used with permission by, TransCore. The use of these images by Company, or anyone else authorized by Company, is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the SYSTEM. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.

The source code of the SYSTEM and shall remain the property of the TransCore. These Terms and Conditions do not grant access to the source code for any purpose, nor is Company permitted to use registered trademarks of the Company, including the name of the Company, or any of its product names in any of Company's business materials, including without limitation, advertisements, websites, and other promotional items. The source code of the SYSTEM may not be modified in any way, but if such modification does occur, TransCore will own all modifications and Company will assign all rights in such modifications, including copyrights, to TransCore. All rights and privileges not granted to Company by these Terms and Conditions are and shall remain solely vested in the Company.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the SYSTEM, including, but not limited to, Link Logistics, freightfirst, loadlink, loadlinkonline, linklive, linkdispatch, linkwireless, driverlink, NADB, IOAC, are registered and unregistered Trademarks of TransCore and others. Nothing contained on the SYSTEM should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the SYSTEM without the written permission of TransCore or such third party that may own the Trademarks displayed on the SYSTEM. Company's use of the Trademarks displayed on the SYSTEM, or any other content on the SYSTEM, except as permitted in writing by TransCore or as otherwise provided in these Terms and Conditions is strictly prohibited. Company is also advised that TransCore will aggressively enforce its intellectual property rights to the fullest extent of the law.

4. DISCLAIMER

TransCore has not reviewed all of the sites linked to the SYSTEM and is not responsible for the content of any off-site pages or any other sites linked to the SYSTEM. Company's linking to any other off-site pages or other sites are at Company's own risk.

While TransCore uses reasonable efforts to include accurate and up to date information on the SYSTEM, TransCore makes no warranties of representations as to its accuracy. TransCore assumes no liability or responsibility for any errors or omissions in the content of the SYSTEM.

Company's use of and browsing in the SYSTEM are at Company's own risk. Neither TransCore nor any other party involved in creating, producing or delivering the SYSTEM is liable for any direct, incidental, consequential, indirect or punitive damages or any other type of damages arising out of Company's access to, or use of, the SYSTEM. Without limiting the foregoing, everything on the SYSTEM is provided to Company "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to Company. Check Company's local laws for any restrictions or limitations regarding the exclusion of implied warranties. TransCore also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect Company's computer equipment or other property on account of Company's access to, use of, or browsing in the SYSTEM or Company's downloading of any materials, data, text, images, video, or audio from the SYSTEM.

Although TransCore may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the SYSTEM or posting service, TransCore is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the SYSTEM. Company is prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability, or otherwise violate any law. TransCore will fully cooperate with any law enforcement authorities or court order requesting or directing TransCore to disclose the identity of anyone posting any such information or materials. TransCore reserves the right to remove messages or material posted by users of the SYSTEM to message boards or other areas, in its sole discretion. By submitting messages and/or materials to the SYSTEM, each user agrees to indemnify, defend and hold harmless TransCore from all damages, costs and expenses, including reasonable attorneys' fees and costs arising out of all claims, challenges or actions, including claims for infringement, libel and slander, related to the user's submission.

TransCore may at any time revise these Terms and Conditions by updating this posting and notifying Company of such changes. Company agrees that Company's continued use of the Software and/or Online Services will constitute Company's acceptance of the revised Terms and Conditions.

5. GENERAL

Company acknowledges that Company has read these Terms and Conditions, and that these Terms and Conditions together with Company's Subscription Agreement are the complete and exclusive agreements between Company and TransCore regarding the Software, Online Services and accompanying documentation. These Terms and Conditions shall at all times be governed by and construed and interpreted pursuant to the laws of the Province of Ontario, and the laws of Canada applicable therein. Company submits to the jurisdiction of the courts of Ontario, and agrees that any claim, action or proceeding instituted in connection with these Terms and Conditions shall be brought in Ontario and that the courts of Ontario shall have exclusive jurisdiction in respect of any such claim, action or proceeding. The headings herein have been inserted for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions.

6. NOTICE

All fees may be subject to change.