NSD WEBSITE TERMS AND CONDITIONS
All content herein and throughout this Website belongs to NSD, Inc. (“NSD”). All Rights Reserved. Information may not be reproduced without prior permission, except when publishing articles, broadcasts, or Websites pertaining to NSD.
ACCEPTANCE OF THE TERMS AND CONDITIONS.
NSD provides this Website subject to the terms and conditions that follow. Account Holders and all users must complete a registration process and click on an “I accept” button thereby indicating their acceptance of the Website Conditions and the following additional terms and conditions applicable to their use of the site:
- terms and conditions applicable to use of the site for the purpose of obtaining quotes and shipping items with NSD and its delivery partners (herein “NSD Agents”);
- conditions on which NSD provide services;
- instructions to shippers for shipment of parcels;
- terms of payment for delivery services, and
- terms regarding claims and insurance.
JURISDICTION/APPLICABLE LAW/WAIVER OF JURY TRIAL.
The laws of the Commonwealth of Virginia shall govern any and all agreements between Account Holders and either NSD or NSD’s Agents and between and any other users of this Website. Account Holders and users wishing to claim against NSD agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia, for shipments originating in the United States. NSD, ACCOUNT HOLDERS AND ALL USERS OF THIS WEB SITE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO USE OF THIS SITE AND/OR USE OF NSD’s SERVICES, AND NSD, ACCOUNT HOLDERS AND AGENTS AGREE THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
DESCRIPTION OF SERVICE.
The services available through the NSD Website allow Account Holders to obtain quotations from NSD Agents, compare shipping charges, keep shipping logs, and track shipments. NSD acts solely as a Website Provider, and users and Account Holders are responsible for providing all necessary hardware, software and connections necessary to access this site. Account Holders acknowledge that NSD Agents are provided all information and data concerning services available through the NSD Website. Subject to these terms and conditions, NSD will enable an Account Holder to access data in connection with shipments, but has no responsibility for the accuracy of such data, which is the responsibility of the NSD Agent.
MODIFICATIONS TO TERMS AND CONDITIONS.
NSD may amend these terms and conditions from time to time, and will post a notice of any amendment accessible through this Webpage. Account Holders desiring further notice of any future changes may register for such notice to be sent by e-mail to a designated address. An Account Holder who does not agree to any change must request termination of its account by sending an e-mail to email@example.com. Continued use of the Service by an Account Holder after receiving notice of an amendment, or alternatively, for more than fifteen days after such amendment is accessible through this page, constitutes an agreement to be bound by the amendment.
Except to the extent that disclosure is necessary for NSD Agents to perform a requested service, NSD will exercise reasonable care to keep all information provided by an Account Holder private, and will give Account Holders the right to change such information from time to time and at any time.
Account Holders choose a user identification and password during the registration process. An Account Holder may change the password by following instructions on the site. An Account Holder must maintain its chosen password confidential, and NSD is not responsible for any activities that occur as a result of the use of the password. An Account Holder agrees to notify NSD immediately that it becomes aware of any unauthorized use of its account or any other security breaches.
TERMINATION OF SERVICE.
NSD reserves the rights to modify, suspend, or terminate any aspect of the Website and the Services enabled thereby at any time without notice to an Account Holder. NSD shall not be liable to Account Holder or any third party for termination of Service.
Account Holders agree that use of the service is at their sole risk. NSD does not give any warranty of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY.
NSD and NSD Agents shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of Account Holder’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if NSD has been advised of the possibility of such damages.
NSD assumes no responsibility for the corruption, deletion or failure of access to an Account Holders data stored on this Website.
Account Holder agrees to indemnify and hold NSD harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Account Holder’s use of this Website in excess of the liabilities assumed by NSD under these Website conditions.
PROPRIETARY RIGHTS TO CONTENT.
Account Holder acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to Account Holder by the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Account Holder is only permitted to use this NSD Website and may not copy, reproduce, distribute, or create derivative works from this Website without expressly being authorized in writing to do so by NSD.