IMPORTANT! PLEASE
READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE ACCESSING THE SUMIT© SUITE OF THE INTERNET APPLICATIONS OR USING THIS WEBSITE. IF YOU DO NOT
AGREE TO THESE TERMS OF USAGE, DO NOT ACCEPT AND/OR DO NOT USE THIS SITE.
Schneider National, Inc. and its subsidiaries and affiliates ("Schneider")
provides this website (the "Site") and the SUMIT© suite of Internet applications
available through this Site ("SUMIT©"), as a service to Schneider customers, subject
to the terms and conditions of this User Agreement (the "Agreement"). By using
SUMIT© or accessing this Site, you and Your company (together referred to as "You"
or "Your") agree to be bound by the terms and conditions of this Agreement. Continued
use of the Site and/or SUMIT© constitutes notice and acceptance of the most current
version of this Agreement, which is available for viewing within the Site and SUMIT©.
Ownership - SUMIT© and the Site are owned, operated, and maintained by Schneider.
The Site and SUMIT© and all components thereof, including, without limitation, text,
images, video and audio, code, scripts, programming, and controls are the intellectual
property of Schneider and are protected by patent, copyright, trademark and other
intellectual property laws of the United States and/or foreign countries. Except as
expressly permitted by this Agreement, You may not use any of such materials for any
purpose without the express prior written consent of Schneider.
Limited License - Schneider grants to You a limited, revocable, non-exclusive right
and license to use SUMIT© and this Site solely for Your internal business purposes.
Schneider may revoke this license at any time, without notice to You.
Restrictions on Use - Except as part of an Internet service provider’s incidental
caching of pages, You may not copy, reproduce, republish, post, distribute, transmit
or modify in any way any part of SUMIT© or this Site without the express prior
written consent of Schneider. You further agree not to (i) reverse engineer, hack,
"spam", block, disrupt, or otherwise change or alter the Site or SUMIT©, (ii) remove
any product identification or proprietary rights notices; (iii) lease, lend, use
SUMIT© for timesharing or service bureau purposes; (iv) except with Schneider’s
prior written permission, publish any performance or benchmark tests or analysis
relating to the SUMIT©; or (v) otherwise use or copy SUMIT© or the Site except as
expressly provided herein Your doing so, or attempts to do so, may subject You to
legal liability. Schneider will, in its sole discretion, take all appropriate legal
action and recourse for violations hereof. You further agree not to share User ID's
or passwords, which is expressly prohibited, unless allowed by specific written
authorization from Schneider. You are solely responsible for the security of Your
password and all use of SUMIT© and this Site in connection with Your User ID and
password.
DISCLAIMER OF WARRANTIES - SCHNEIDER MAKES NO REPRESENTATIONS, GUARANTEES, OR
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, CONFIDENTIALITY, SECURITY OR
COMPLETENESS OF THIS SITE OR SUMIT© OR THE CONTENT THEREOF, AND, TO THE FULL EXTENT
PERMISSIBLE BY LAW, SCHNEIDER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. FURTHER, SCHNEIDER DOES NOT WARRANT OR
REPRESENT THAT THIS SITE, SUMIT©, OR THE SERVER THAT MAKES THEM AVAILABLE, IS
ERROR-FREE OR THAT THE SITE AND/OR SUMIT© WILL BE UNINTERRUPTED OR FREE OF DEFECTS,
INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER
SIMILAR PROBLEMS AND/OR DEFECTS.
LIMITATION OF LIABILITY - SCHNEIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL,
PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL
DAMAGES, THAT MAY ARISE OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR
USE, SUMIT© AND/OR THIS SITE OR YOUR USE OF OR RELIANCE UPON SUMIT© AND/OR THIS SITE
OR THE CONTENT THEREOF.
Organization/Corporate Users - Organizations, corporations, partnerships, limited
liability companies and other entities ("Organizations") who use the Site and/or
SUMIT© are responsible for their employees, directors, officers, and agents as users
of this Site and/or SUMIT©, and are specifically responsible and liable for any and
all damages created thereby, and for notifying Schneider of the termination of said
users' authorization to use SUMIT© and this Site on behalf of their Organization.
Organizations are also responsible and liable to pay for all goods and services
purchased by their users through use of this Site and SUMIT©.
Updates, Links - Schneider has no duty to update this Site, SUMIT©, or the content
thereof and Schneider shall not be liable for any failure to update such information.
Further, Schneider is neither responsible, nor liable for, Your use of other web sites
which You may access via certain links within this Site and/or SUMIT©. Those links
and other "resources" referenced on this Site and SUMIT© are provided merely as a
service to users of the World Wide Web, and inclusion in Schneider's Site and SUMIT©
does not constitute an endorsement by, nor affiliation with, Schneider.
Reservation of Rights - Schneider, in its sole discretion, reserves the right to take
all action or inaction as allowed by law, which includes, but is not limited to: (1)
changing the terms of this Agreement, (2) monitoring and removing postings on this
Site, and/or (3) discontinuing this Site and/or SUMIT© availability at any time,
with or without notice to You or any other users.
Use of Ideas and Feedback - Schneider welcomes Your comments, questions and other
feedback about this Site, SUMIT©, our services and our company, but Schneider, in its
sole discretion, reserves the right to use, or not use, any ideas, materials or
suggestions, which if submitted, become the property of Schneider and may be used in
whole or in part at Schneider's sole discretion. If You submit any ideas, materials,
or suggestions, You will not be compensated and doing so does not create a contract
in any manner.
Disclosure and Use of Your Communications - Except to the extent of a written
agreement between Schneider and certain of its specifically identified users, postings
to this Site, SUMIT©, and electronic mail (including SUMIT© User ID's) delivered to
Schneider are not confidential and Schneider shall not be liable for any use or
disclosure thereof. All communications and other materials (including, without
limitation, unsolicited ideas, suggestions, or materials) You send to this Site,
SUMIT©, or to Schneider by electronic mail, or otherwise, are, and shall remain, the
sole and exclusive property of Schneider and may be used by Schneider for any proper
purpose whatsoever, commercial or otherwise, without compensation to You. While
Schneider has taken certain actions to protect this Site and SUMIT©, Schneider in
no manner guarantees or represents the security or confidentiality of data and items
transmitted via the Internet. You also agree to be solely responsible for providing
accurate, current, and complete information about You as prompted by any of the
on-line forms, including, without limitation, the SUMIT© registration form, and
maintaining and promptly updating the information to keep it accurate, current and
complete.
Jurisdiction - The services and information in this Site and SUMIT© are available in
the United States and may not be available in Your country. This Site and SUMIT© are
controlled and operated by Schneider from the State of Wisconsin, United States of
America, and Schneider makes no representation, guarantee or warranty of any kind that
SUMIT©, this Site or the information and materials therein, including, without
limitation, the information and other materials promoting the services identified
herein, are appropriate or available for use in other locations. Those who choose
to access SUMIT© or the Site from other locations do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local laws are
applicable. The availability of SUMIT© and the Site is not intended to subject
Schneider to the laws or jurisdiction of any state, country or territory other than
the State of Wisconsin and the United States of America.
Export Controls - The SUMIT© software and other software available from this Site
may be subject to export controls imposed by the United States government and may not
be downloaded, accessed or otherwise exported, or re-exported, into (or to a national
or resident of) any country to which the United States has placed an embargo and/or
restriction. If You download, access or use any materials or software, You represent
and warrant that You are not located in, a national of, nor under the control of, any
such country on any such embargo or restricted list.
UCITA - The parties exclude application to this Agreement or any use of SUMIT© or the
Site of any state’s enactment of the Uniform Computer Information Transactions Act
("UCITA") and hereby waive any protections and rights that may be granted thereunder.
Severability - If any term, condition, or provision of this Agreement is determined
to be unlawful, invalid, void, or for any reason unenforceable, the validity and
enforceability of the remaining terms, conditions, and provisions shall not in any
way be affected or impaired thereby.
Entire Agreement - The Agreement represents the entire agreement between the parties
regarding the use of and access to SUMIT© and the Site, and expressly supersedes and
cancels any prior or contemporaneous oral or written agreements on the subjects herein.
You acknowledge that You not entering into the Agreement on the basis of any
representations not expressly contained herein.
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