Astra/CFX Website Terms of Use
This Web Site, as defined below, is maintained by ASTRA/CFX HOLDINGS, LLC ©2013-2014. Content on this site may not be used for commercial benefit without expressed written consent of ASTRA/ CFX HOLDINGS, LLC.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. IF YOU MUST BE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY AS THAT IS DEFINED IN YOUR JURISDICTION, WHICHEVER IS OLDER, TO USE THE WEB SITE IN ANY MANNER. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE REPRESENTING ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. YOUR ACCESS AND USE OF THE WEB SITE REPRESENTS YOUR WARRANTY TO ASTRA/CFX HOLDINGS, LLC. THAT YOU WILL USE THE WEB SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.
As used herein, all references to "Web Site" may include, individually, all and/or in any combination, ASTRA/CFX HOLDINGS, LLC, ASTRA SUPPLY CHAIN, ASTRA/CFX SOUTH CAROLINA, ASTRA SERVICES, ASTRA INC., ASSOCIATION LOGISTICS, ASTRA/CFX MEXICO and/or ASTRASUPPLYCHAIN.COM, as well as other web sites operated by or on behalf of ASTRA/CFX HOLDINGS, LLC, and also includes mobile applications including but not limited to PRIMUS customer mobile application and/or carrier mobile applications. The Web Site is maintained by ASTRA/CFX HOLDINGS, LLC. All references to "ASTRA SUPPLY CHAIN" made within these Terms of Use shall be references to and include ASTRA/CFX HOLDINGS, LLC, its affiliates and subsidiaries and each of their directors, officers, employees, and authorized representative ("ASTRA/CFX"). ASTRA/CFX is headquartered at 11971 NW 37th Street, Coral Springs, Florida. The main telephone number is (888) 883-4538. All material on this Web Site, including, but not limited to text, images, and illustrations, is protected by copyrights and/or trademarks, registered and unregistered, which are owned and controlled by ASTRA/CFX or by other parties that have licensed their material to ASTRA/CFX. Material from any Web Site owned, operated, licensed, or controlled by ASTRA/CFX may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The materials on this Web Site may not be used for commercial benefit without expressed written permission by ASTRA/CFX. ASTRA/CFX authorizes You to view and access a single copy of the content available on or from the Web Site solely for Your personal use. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms of Use and/or some other written agreement between You and ASTRA/CFX, the use of any such material on any other website or networked computer environment is prohibited. This Web Site may contain other proprietary notices, trademark, and/or copyright information, the terms of which must be observed and followed. Information may be changed or updated without notice. ASTRA/CFX may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
You may not use the Web Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Web Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of ASTRA/CFX or any other third party or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. ASTRA/CFX will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (z) ASTRA/CFX obtain Your permission to use Your name; or (y) ASTRA/CFX first notify You that the materials or other information You submit to a particular part of this Web Site will be published or otherwise used with Your name on it; or (x) ASTRA/CFX are required to do so by law.
If the Web Site is interactive, allowing you to upload and/or download content from the Web Site, you will be issued a personal user id and password, which will allow you, in accordance with these Terms of Use, access and use your account. We understand that the privacy and security of data that are maintained on the Web Site are important, and therefore, we use commercially reasonable security technology, features and policies to protect that privacy. However, please keep in mind that such records are only secure if You protect Your password and change Your password frequently.
When you upload and/or download information to or from the Web Site, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, ASTRA/CFX cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access to Your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.
It is Your responsibility to ensure that no unauthorized person shall have access to Your user id and password. It is Your sole responsibility to control access to and use of Your user account, and promptly inform ASTRA/CFX of any need to deactivate or change Your user id and/or password. ASTRA/CFX cannot and will not assume any responsibility or liability for any content submitted to Your account or any content that is used or misused whether submitted, used, or misused by You, Your designees, and/or other third parties. All Your acts and omissions and those of unauthorized users who access the Web Site via Your user id and password shall be deemed to be Your acts and omissions.
You hereby grant ASTRA/CFX, its employees, officers, directors and all other persons or entities involved in the operation of ASTRA/CFX, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the content in your account for the purpose of providing services, operating the Web Site, or in order to carry out the legal responsibilities of ASTRA/CFX. You understand, agree, consent and authorize Your content to be stored, entered, and maintained on the Web Site in accordance with these Terms of Use and ASTRA/CFX’s relevant policies and procedures.
Regarding Your user id and password, You expressly agree (i) to maintain the security of Your users id, password, and other confidential information relating to Your account and/or the accounts which you have been granted access; (ii) to notify ASTRA/CFX as soon as reasonably practicable of any real or suspected unauthorized use of the users account; (iii) to notify ASTRA/CFX when You no longer require the use of Your user id and password; and (iv) to comply with instructions provided by ASTRA/CFX for using, maintaining, or correcting Your account.
Information ASTRA/CFX publishes on the World Wide Web may contain references or cross references to products, programs, and services that are not announced or available in Your country. Such references do not imply that ASTRA/CFX intends to announce such products, programs, or services in Your country. Consult Your local ASTRA/CFX business contact for information regarding the products, programs, and services that may be available to You.
ASTRA/CFX makes no representations whatsoever about any other web sites which You may access through this Web Site. When You access a non-ASTRA/CFX web site through this Web Site, please understand that it is independent from ASTRA/CFX, and that ASTRA/CFX has no control over the content on that web site. In addition, a link to a non-ASTRA/CFX Web site does not mean that ASTRA/CFX endorses or accepts any responsibility for the content, or the use, of such web site. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Nothing on this Web Site constitutes an offer to sell or solicitation to buy securities. No failure or delay by ASTRA/CFX in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by ASTRA/CFX preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms of Use.
ASTRA/CFX DOES NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASTRA/CFX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.
ASTRA/CFX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE ASTRA/CFX, ASTRA SUPPLY CHAIN SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF ASTRA SUPPLY CHAIN IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.
These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State. Any action You, any third-party, or ASTRA/CFX, Astra Supply Chain may bring to enforce these Terms of Use or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in Broward County, Florida, and You expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that You and ASTRA/CFX have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services) by ASTRA/CFX to You, or by You to ASTRA/CFX, and such written agreement expressly contemplates the use of this Web Site, these Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by ASTRA/CFX.