RESTRICTIONS ON USE OF MATERIALS
This site and the materials contained herein are owned by and the exclusive property of Prophesy Transportation Solutions, Inc. (referred to as "Prophesy", "we", "us", or "our" herein). The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark and other laws. No material from this site or any Web site owned, operated, licensed or controlled by Prophesy may be copied, modified, reproduced, republished, uploaded, posted, transmitted, used or distributed in any way. The only exception is that you may view and make one single downloadable, machine-readable copy, one back-up copy and/or one print copy of the material contained in this site solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the materials or any copies of the materials. Modification of the materials or use of the materials for any other purpose is a violation of Prophesy Transportation Software, Inc.'s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment for any purpose is prohibited. All trademarks, service marks, and trade names are proprietary to Prophesy Transportation Software, Inc. or its respective owners.
In the event that you download data, any files or images from this site, Prophesy does not transfer the title to the data, any files or the images to you. You own the medium on which the information is recorded, but Prophesy retains full and complete title to the data, the files and the images and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the data, any files or images to a human-perceivable form.
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates and access to them from territories where their contents are illegal is prohibited. This site is controlled by Prophesy and administered from its headquarters within the State of Connecticut, United States of America. Prophesy makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
DISCLAIMER OF ENDORSEMENT - THIRD PARTIES & LINKS TO OTHER SITES
Links to any third party sites (if any) are provided solely as a convenience to you. Linked sites are not under the control of Prophesy and Prophesy is not responsible for any of these sites or their content. Prophesy has not reviewed all of these third party sites and does not endorse or make any representations about them, or any information, software or other products or materials found there, nor any results that may be obtained or occur as a result of using them. If you decide to access any of the third party sites lined to this site, you do so at your own risk. Reference in this site or any other site linked to this site to any specific commercial products, process, or service by tradename, trademark, manufacturer, or otherwise, does not constitute and is not intended to imply endorsement, recommendation or favoring by Prophesy unless expressly stated otherwise in this site and shall not be used for advertising or product endorsement purposes.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Prophesy site(s) and all related documentation and all copies and installations thereof, whether made under of these terms or otherwise. These terms will terminate immediately without prior notice from Prophesy if in Prophesy's sole discretion you fail to comply with any term or provision of these terms. Upon termination, your authority to use this site automatically terminates and you must destroy all materials obtained from this site and any and all other Prophesy site(s) and all copies thereof, whether made under these terms or otherwise.
LIMITATION OF LIABILITY
IN NO EVENT WILL PROPHESY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMTATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WETHER OR NOT ADVISED OF THE POSSIBILITY OF THE POSSIBILITY FO SUCH DAMAGES. IF YOUR USE OF THE FUNCTIONS, MATERIALS OR INFORMATION FROM ANY OR ALL SUCH SITES RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. Applicable law may not allow the limitation or exclusion of certain liabilities or incidental or consequential damages, so portions of the above limitation or exclusion may not apply to you. In no event shall Prophesy's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
These terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Hartford County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
We appreciate your interest in our company and its products. Thank you for visiting one of our Web sites. It is important to us that you feel comfortable when visiting our sites. We do track visits (hits) to our sites, information furnished by you or your computer (via cookies) and any information requested of you by us to improve our web site, products, etc. This information is primarily for our internal use and not for distribution to any outside marketing firm for the promotion of any business or product other than the business and products of Prophesy, its successors and affiliates. For purposes hereof, the business and products of Prophesy may include the development, promotion and sale of Prophesy products and services derived from Submissions (See discussion on Submissions). Our primary purpose for gathering and using the information is to make your visits to our sites better for you and to provide you with the better information, products and services.
Any personal information you give us during your visit to this Web site, including your e-mail address, might be used in the following ways:
There may be times when you view our Web site that we might store some information on your computer. This information will be in the form of a "cookie" or similar file and will help both you and us in many ways. For example, cookies allows us to tailor the Web site to better match your needs, interests and preferences. They also can reduce download times on repeat visits to a site. Most Internet browsers provide the options to erase, block or receive warnings about cookies before they are stored. Refer to your browser instructions or help screen to learn more about these options.
- If you give us personal information through the information forms, we collect that date for use in fulfilling your request.
- We may store and process the data you send to better understand your needs and how we can improve our products and services.
- If you check the box that says its o.k. to mail to you, we may occasionally e-mail or U.S. mail you materials from our company. If you do not want to be included in such mailings, please contact at the e-mail or U.S. Mail address below and we will use reasonable efforts to delete your information for our mailing list.
If you have any questions about the use of personal information gathered from this Web site by our company or wish to obtain a copy of your personal information maintained on file (for correction, deletion or otherwise), please do not hesitate to contact us by e-mail or U.S. Mail.
Prophesy is pleased to hear from you and welcomes your comments regarding Prophesy and any of our other many products, including our web sites. We do value your feedback on our products, services and web sites. We request that you be specific in that you only make your comments on those products, services and web sites.
Please note that Prophesy's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those that it has specifically requested. Therefore, we must ask that you do not send us any original creative materials such as product ideas or original artwork. We hope that you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Prophesy's professional staff might seem to others to be similar to their own creative work. Consequently, we must politely insist that you do not submit any creative ideas, suggestions or materials.
If you send us submissions, whether at our request, or contrary to our request for non-submission of creative materials, any and all such materials, including, without limitation, suggestions, ideas, notes, inventions, drawings, concepts or other information (collectively "Submissions") shall become and remain the property of Prophesy. Prophesy shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise. This shall be in effect in full force without any form of compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of Prophesy, and Prophesy shall not be liable for any use or disclosure of any Submissions. You unconditionally agree that by you or your representative sending, transmitting, uploading, e-mailing, mailing or communicating materials to us in any format now known or later developed throughout the universe and/or in submitting any materials to us by any manner, that you automatically grant and assign or warrant that the owner of such rights has expressly granted and assigned to Prophesy all ownership rights therein, including, without limitation, the perpetual, royalty-free, irrevocable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or to incorporate such materials into any form, medium, or technology now know or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.