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Terms of Service & Use
1. GENERAL
This site is owned and operated by Razorback Systems d/b/a
4sameday.com. 4sameday.com has the right at any time to change
or discontinue any aspect or feature of the site, including,
without limitation, its content and hours of availability.
The 4sameday.com courier network is solely a facilitator of
communications between it's courier members and users. All communications
or problems regarding the use of the network must be directed
to the courier members, who are solely responsible for product
and service support and delivery. All questions regarding
products or services featured on 4sameday.com should be directed
to the appropriate courier.
2. RESTRICTIONS ON USE
A. The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of the
site are copyrighted under the United States copyright laws. You
may not modify, publish, transmit, display, participate in the transfer
or sale, create derivative works, or in any way exploit, any of the
content of this site, in whole or in part. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express written permission of
4sameday.com and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademarks
legend or copyright notice shall be made. You acknowledge that you
do not acquire any ownership rights by downloading copyrighted
material.
B. The foregoing provisions are for the benefit of 4sameday.com, its
subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT
YOUR SOLE RISK. NEITHER 4SAMEDAY.COM, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE SITE, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THE SITE
B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF COURIERABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE
OF THE SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF
CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT
LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. IN NO EVENT WILL 4SAMEDAY.COM, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN,
BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE
SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL 4SAMEDAY.COM BE IN
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER
LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
4. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless 4sameday.com
and its affiliates and their respective directors, officers, employees
and agents from and against any and all claims, actions, demands,
damages, costs, liabilities, losses and expenses (including
reasonable attorneys fees) arising out of your use of the site.
5. TRADEMARKS.
The 4sameday.com trade name, trademark and logo, and the
trademarks and logos of courier members on this site are trademarks
of 4SameDay.Com and the courier members, respectively. All other
trademarks appearing on the site are the property of their respective
owners.
6. THIRD PARTY CONTENT.
4sameday.com neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on the site by
anyone other than authorized 4sameday.com employee
spokespersons while acting in their official capacities.
7. CHANGED TERMS.
4sameday.com has the right at any time to change or modify the
terms and conditions applicable to use of the site, or any part
thereof, or to impose new conditions, including, without limitation,
adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by any means including, without
limitation, posting on the site, or by electronic or conventional mail,
or by any other means. Any use of the site by you after such notice
shall be deemed to constitute acceptance of such changes,
modifications, additions or deletions.
8. MISCELLANEOUS.
These terms of use constitute the entire agreement of the parties
with respect to the subject matter hereof and supersede all previous
written or oral agreements between the parties with respect to such
subject matter. These terms of use shall be construed in accordance
with the laws of the State of Massachusetts, without regard to its
conflict of laws rules. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are
for convenience only and shall not be given any legal import.
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