SmartBOL Online Terms of Service (Effective Date: April 18,
2011)
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE SmartBOL® WEB SITE
(HEREINAFTER THE "SITE") AND THE SERVICES (AS DEFINED BELOW). YOUR VIEWING OR
USE OF THIS WEB SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF
AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO
ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. SmartBOL MAY MAKE FUTURE
CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT
NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF THE SmartBOL WEB SITE WILL
CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE
ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THE SmartBOL WEB SITE
GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, PAYMENT TERMS,
INFORMATION AND APPLICATIONS AVAILABLE THROUGH THE SITE. FOR PURPOSES OF THIS
AGREEMENT, THE TERM “SmartBOL” SHALL MEAN ADI DATA INTERNATIONAL, INC.
(HEREINAFTER "ADI"), AND ADI'S SUBSIDIARIES, REPRESENTATIVES, AGENTS AND
AFFILIATES.
1. SmartBOL Web Site Use. The Site is provided solely for
the use of SmartBOL customers and other permitted entities. The Site allows
shippers to manage shipping activities such as rate shipments, prepare
shipping documentation and maintain shipping history any and all services
provided by SmartBOL to you either now or in the future (the “Services”).
Using this Site and the Services, users may create Bill of Lading documents.
These Terms and Conditions together with any operating rules, policies, price
schedules, or other supplemental documents expressly incorporated herein by
reference and published from time to time by SmartBOL (collectively, the
"Agreement"), constitutes the entire agreement between SmartBOL and you
regarding the Services, and supersedes all prior agreements between the
parties regarding the subject matter of this Agreement.
2. Privacy Policy. SmartBOL is dedicated to establishing
trusting relationships with its customers, based on respect for personal
identity and information. To demonstrate its commitment to customer privacy,
SmartBOL developed a Privacy Policy, a current copy of which is available at
www.smartbol.com/privacy.htm. If SmartBOL decides to change its privacy
practices, it will post those changes in the Privacy Policy, and other places
it deems appropriate, so that you are always aware of what information is
collected, how it is used, and under what circumstances, if any, it is
disclosed.
3. Registration. Certain areas of the SmartBOL Web Site may
require registration for access. By registering with SmartBOL, you agree to
provide accurate and current information about yourself as prompted by the
SmartBOL Web Site registration form and maintain and promptly update your
profile information to keep it accurate and current. If you provide any
information that is inaccurate or not current, or SmartBOL has reasonable
grounds to suspect that such information is inaccurate or not current,
SmartBOL has the right to suspend or terminate the Services and/or your
SmartBOL Web Site registration. By registering via the SmartBOL Web Site, an
Account/User I.D. and Password may be provided to you. You are responsible
for maintaining the confidentiality of the any Password and User I.D.
provided to you, and you are responsible for all activities that occur under
your Password and User I.D. You agree to (a) immediately notify SmartBOL of
any unauthorized use of your User I.D. and Password, and (b) ensure that you
exit from your SmartBOL Web Site session at the end of each visit. Access to
portions of the Site may require registration and payment of membership fees
or other fees. The portions of the Site available to you for free or for a
fee may be changed at any time at SmartBOL’ s sole and absolute discretion,
without notice or liability to you.
4. Changes to the SmartBOL Web Site. The Site and its
content, including without limitation the information, graphics, products,
features, functionality, services, and links (collectively the "Content") and
the Services may be changed, deleted or updated without notice.
5. Modifications to Services. SmartBOL reserves the right to
modify or discontinue any of the Services with or without notice to you.
SmartBOL shall not be liable to you or any third party should SmartBOL
exercise its right to modify or discontinue the Services.
6. Term. SmartBOL may discontinue, suspend or modify the
Site at any time without notice to you and without liability. Additionally,
SmartBOL may block, terminate or suspend your and any user's access to the
Site at any time for any reason in its sole discretion, without notice to you
and without liability, even if access continues to be allowed to others. In
addition to the foregoing, you acknowledge that in the event that you fail to
timely pay for your use of the Services, that SmartBOL may terminate this
Agreement and your access to the Services, without notice to you and without
liability, and that any data or information stored on the Site or through the
Service may be deleted by SmartBOL. You further agree that SmartBOL has no
responsibility or liability whatsoever for the deletion or failure to store
any information maintained or transmitted by the Service.
7. Consequences of Termination. Upon termination of this
Agreement all access to the Site or the Services will be terminated and all
your users (“End Users”) will be notified of a different website from which
they may regain access to the SmartBOL Services. Every End User is a customer
of SmartBOL. In addition you shall (a) cease forthwith to use any SmartBOL
trademarks or any imitations or approximations thereof;(b) not hold itself
out as connected with SmartBOL; and (c) not divulge or use any confidential
information of SmartBOL.
8. Ownership: ADi Data International Inc. owns The Site, the
Content, and the Services and its Content are protected by United States and
international copyright, trademark and other laws. Specifically, SmartBOL
does not convey to anyone, through allowing access to the Site, any ownership
rights in the SmartBOL Services, Web Site or in any Content appearing on or
made available through the Site.
9. Charges. You agree to pay all charges for your use of
Services at the prices then in effect. SmartBOL reserves the right to charge
value-added ("VAT"), sales or other taxes on the Services as it deems
appropriate and SmartBOL reserves the right to change prices or institute new
charges for access to or use of the Services. All changes will be posted by
SmartBOL at the Site and you will receive an email notification regarding any
price changes. You are responsible for regularly checking your email or the
Site and reviewing such pricing information to obtain timely notice of such
changes. Continued use of Services or non-termination of your account after
changes are posted constitutes your acceptance of the prices as modified by
the posted changes.
10. Payment of your account balance is due monthly and, unless you have a
qualified business account, must be made by the credit or debit card
designated by you for SmartBOL use and transactions. If your account is a
qualified business account and is approved by SmartBOL for corporate billing,
charges will be accumulated, identified by a customer identification number
and invoiced on a monthly basis. Each time you use the Services, or allow or
cause the Services to be used, you agree and reaffirm that SmartBOL is
authorized to charge your designated card.
11. Payment. SmartBOL reserves the right to suspend or
terminate your account, including terminating access to the Services to any
End Users, without notice upon rejection of any card charges or if your card
issuer (or its agent or affiliate) seeks return of payments previously made
to SmartBOL when SmartBOL believes you are liable for the charge, or in the
event that you default on your payment obligations to SmartBOL. Such rights
are in addition to and not in lieu of any other legal rights or remedies
available to SmartBOL.
12. Disclaimer of Warranty. THE SmartBOL SERVICES, WEB SITE
AND ITS CONTENT ARE PROVIDED "AS IS". SmartBOL AND ITS LICENSORS DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR
INABILITY TO USE THE SmartBOL SERVICES, WEB SITE AND ITS CONTENT. SmartBOL
MAKES NO WARRANTY THAT (i) THE SmartBOL SERVICES OR WEB SITE WILL MEET YOUR
REQUIREMENTS, (ii) USE OF THE SmartBOL SERVICES OR WEB SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR-FREE, (iii) YOU WILL
BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING,
OR THAT The SmartBOL SERVICES OR WEB SITE WILL HAVE ADEQUATE CAPACITY FOR THE
SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA (iV) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SmartBOL SERVICES OR WEB SITE WILL BE
ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SmartBOL SERVICES
OR WEB SITE WILL MEET YOUR EXPECTATIONS, OR (vi) ANY ERRORS IN THE SERVICES
WILL BE CORRECTED.
13. Limitation of Liability: USE OF THE SmartBOL SERVICES,
WEB SITE AND / OR CONTENT IS AT YOUR SOLE RISK. SmartBOL WILL IN NO EVENT BE
LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW
FOR (i) ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE SmartBOL WEB SITE
AND ITS CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA OR (iii) ANY OTHER MATTER RELATING TO THE SmartBOL WEB
SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA,
OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED SmartBOL OF THE
POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF SmartBOL AND ITS
LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE
USE OF THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER
OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICES
IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $50.00.
YOU HEREBY RELEASE SmartBOL AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS
FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS
LIMITATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES OR JURISDICTIONS, ADI´S AND ADI'S LICENSORS', AFFILIATES´,
EMPLOYEES', OFFICERS', MEMBERS', MANAGERS', ATTORNEYS', ADVISORS', PARTNERS',
INVESTORS', LENDERS' OR DIRECTORS' LIABILITY SHALL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
14. Indemnity: You hereby release, and agree to indemnify
and hold harmless SmartBOL, its parent, affiliates and subsidiaries and their
respective officers, directors, employees and agents from any and all claims,
demands, causes of actions, liabilities, damages, costs and expenses,
including reasonable attorneys' fees, arising out of your use or viewing of
the Site and its Content.
15. Links to other web sites: There may, from time to time,
be links on the SmartBOL Web Site that allow you to visit the sites of third
parties. SmartBOL controls neither the third-party sites nor the companies to
whom they belong. SmartBOL makes no representations concerning the
information provided or made available on such third-party sites nor the
quality or acceptability of the products or services offered by any persons
or entities referenced in any such sites. SmartBOL has not tested and makes
no representations regarding the correctness, performance or quality of any
software found at any such sites. You should research and assess the risks
that may be involved in accessing and using any software on the Internet
before using it.
16. Export: You assume all responsibility for compliance
with all laws and regulations of the United States and any other country from
which you may access the SmartBOL Web Site regarding access, use, export,
re-export and import of any Content appearing on or available through the
Site.
17. Jurisdiction: The laws of the State of New Jersey shall
govern this Agreement. User expressly agrees that any and all dispute
relating to or arising out of this Agreement shall be subject to the
exclusive jurisdiction of the appropriate courts of the State of New Jersey.
User hereby expressly consents to the exercise of personal jurisdiction by
the courts of the State of New Jersey.
18. Trademarks: SmartBOL(R) is a registered trade mark of
ADi Data International Inc. All other company and product names on the
SmartBOL web site may be trademarks of the respective companies with which
they are associated.
19. Force Majeure. SmartBOL shall not be liable for
non-performance or delay in performance of its obligations should a force
majeure event arise, that is, should there occur events beyond SmartBOL’ s
control such as to render the performance of its obligations impossible,
dangerous or disproportionately onerous. Force majeure events include without
limitation, catastrophic incidents, vandalism, lightning, power failure,
fire, flood, earthquake, acts of nature, emergency, acts of any governmental
body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots,
curfew, strike or other labor disturbance, industrial disputes, interruption
of or delay in transportation, unavailability of or interruption or delay in
telecommunications or third-party services, virus attacks, worms, Trojans,
spyware, adware or other malware, failure of third-party software (including,
without limitation, e-commerce software, payment gateways, chat, statistics,
or free scripts) or inability to obtain raw materials, supplies, or power
used in or equipment needed.
20. Service Level Agreement (“SLA”). By using the Service,
you hereby agree to the following SLA. SmartBOL’s guarantee is that the
Service will be available to registered users 95% of each calendar month. In
order to request a SLA credit, you must contact SmartBOL within seven (7)
days after the last day of the calendar month in which the downtime occurred.
E-mail notifications that are not sent within the first seven (7) days of the
month immediately following the downtime will not be eligible for SLA
credits.
The amount of the SLA credits are determined by the following table, based on
the amount of uptime the Service has provided for the month in which a credit
is requested.
Network Uptime for the Month Percentage of Monthly Fee Credited*
95 - 100% 0% credit
85 – 94.9% 10% credit
75 – 84.9% 25% credit
65 -74.49% 50% credit
55.0 – 64.49% 75% credit
50% and below 100% credit
* Upon proper request.
SmartBOL will apply any applicable credit to your account within two billing
cycles after SmartBOL receives the credit request. SmartBOL shall not be
liable to reimburse in any form for failure to meet any of the guaranteed
service level where such failure arises from any one or more of the
following: (i) scheduled downtime, maintenance, or upgrades, (ii) emergency
maintenance or upgrades, where such maintenance or upgrades are required by
the occurrence of any events outside of SmartBOL's control; (iii) failure of
access to the Service, unless such failure is caused solely by SmartBOL,
including failures due to third-party software, your abuse or
over-utilization of resources, any acts or omissions of any person for whom
SmartBOL is not responsible, or any causes whether similar or otherwise
outside SmartBOL's control. Credits are exclusive of any applicable taxes
charged to you or collected by SmartBOL and are your sole and exclusive
remedy with respect to any failure or deficiency in service or in the
availability of the Service. This SLA does not relieve you from the
obligation to pay your balance in full when it is due. SLA credits are always
applied within two billing cycles after the month in which the downtime
eligible for SLA credit occurs.
21. Obligations of SmartBOL Partners. For purposes of this
Agreement, “Partner” shall mean a SmartBOL Services user who integrates the
Site and/or the Services into a separate web site with the intent that the
Partner will offer SmartBOL’s Services to its customers. SmartBOL will
provide the Services although the Services shall not be branded as a SmartBOL
product. SmartBOL will co-operate with the Partner to design and create the
Partner Pages, which upon completion shall be hosted within the Website.
SmartBOL Partners shall host and provide back-up administration and support
services for the Website; and create and host the non-SmartBOL branded web
site pages (“Partner Pages”).
22. Development Charges. Partners requiring chargeable development services
will be advised and required to approve the development cost. Partner
acknowledges that all intellectual property rights in and to the custom
development services provided by SmartBOL shall belong to SmartBOL and that
following termination of this Agreement that Partner will not have any right,
title or interest to any of the SmartBOL custom work.
23. Web Site and Partner’s Pages. Partner acknowledges that
the look and feel and content of the Site is owned by or licensed by SmartBOL
and that the Partner has no rights therein. The Partner agrees that the
copyright in any material (other than Partner's material) commissioned by the
Partner for inclusion in the Partner Pages or the Web Site shall if created
by SmartBOL belong to SmartBOL and if created by others be licensed to
Partners. The Partner grants to SmartBOL a non-exclusive, perpetual,
worldwide, royalty-free license to use the Partner materials during the term
for the purpose of promoting the Partner Pages and performing the Services.
24. Partner’s Material. The Partner warrants that any
Partner's material supplied by it or incorporated by it into the Partner
Pages or Site is its own original creation; or not protected by third party
trademark, copyright or similar protection; or if so protected is licensed
for use by SmartBOL Partners; and not offensive, defamatory, unlawful or
contrary to any regulatory regime. The Partner acknowledges SmartBOL's rights
to block, remove or amend any part of the Partner Pages or the Website if
subject to or in SmartBOL's opinion likely to be subject to third party
complaint.
25. Freight Quotes and Freight Service: DISLCLAIMER. FREIGHT QUOTES
- YOU ACKNOWLEGE THAT FREIGHT QUOTES MAY CONTAIN ERRORS, INCORRECT DATA OR
OTHER ERROS, OMISSIONS AND INACCURACIES. YOU AGREE NOT TO HOLD SmartBOL, ITS
AFFILIATES, REPRESENTATIVES, MANAGERS OR AGENTS LIABLE FOR ANY POSSIBLE
CLAIMS ARISING FROM YOUR USE OF, OR ANY DECISION YOU MAKE BASED ON,
INFORMATION MADE AVAILABLE TO YOU THROUGH THE FREIGHT QUOTES. WITHOUT
LIMITING THE FOREGOING, YOU AGREE THAT SmartBOL, ITS AFFILIATES,
REPRESENTATIVES, MANAGERS AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR
INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF, OR RELIANCE ON, THE
FREIGHT QUOTES, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF SmartBOL. YOU FURTHER AGREE THAT IN NO EVENT SHALL SmartBOL BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE FREIGHT QUOTES,
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. YOU ARE
ENTIRELY RESPONSIBLE FOR YOUR ACTIVITIES CONDUCTED IN CONNECTION WITH YOUR
USE OF THE FREIGHT QUOTES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, SmartBOL's AND SmartBOL's
LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', MEMBERS', MANAGERS',
ATTORNEYS', ADVISORS', PARTNERS', INVESTORS', LENDERS' OR DIRECTORS'
LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE
A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
FREIGHT SERVICES- YOU ACKNOWLEGE THAT FREIGHT SERVICES ARE PROVIDED BY
THIRD-PARTIES AND ARE NOT PROVIDED BY SmartBOL, ITS AFFILIATES,
REPRESENTATIVES, MANAGERS OR AGENTS. YOU AGREE NOT TO HOLD SmartBOL, ITS
AFFILIATES, REPRESENTATIVES, MANAGERS OR AGENTS LIABLE FOR ANY POSSIBLE
CLAIMS ARISING FROM YOUR USE OF, OR ANY DECISION YOU MAKE BASED ON, FREIGHT
SERVICES MADE AVAILABLE TO YOU THROUGH THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING, YOU AGREE THAT SmartBOL, ITS AFFILIATES, REPRESENTATIVES, MANAGERS
AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR
INDIRECTLY FROM YOUR USE OF, OR RELIANCE ON, THE FREIGHT SERVICES, WHETHER OR
NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF SmartBOL. YOU FURTHER
AGREE THAT IN NO EVENT SHALL SmartBOL BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH YOUR USE OF THE FREIGHT SERVICES, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. YOU ARE ENTIRELY RESPONSIBLE
FOR YOUR ACTIVITIES CONDUCTED IN CONNECTION WITH YOUR USE OF THE FREIGHT
SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, SmartBOL's AND SmartBOL's LICENSORS', AFFILIATES',
EMPLOYEES', OFFICERS', MEMBERS', MANAGERS', ATTORNEYS', ADVISORS', PARTNERS',
INVESTORS', LENDERS' OR DIRECTORS' LIABILITY SHALL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
26. Complete Agreement. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE,
SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND SmartBOL, THIS AGREEMENT
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND SmartBOL WITH RESPECT TO THE
USE OF THE WEB SITE, AND THE SERVICES, INFORMATION AND CONTENT CONTAINED
THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND
AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
27. Independent Contractors. SmartBOL is an independent contractor and
nothing in this Agreement is intended to or will create any form of
partnership, joint venture, agency, franchise, sales representative or
employment relationship between the parties. You will have no authority to
make or accept any offers or representations on SmartBOL’s behalf and you
will not make any statement, whether on your own website or otherwise, to the
contrary.
28. Assignment. You shall not assign, transfer, charge or deal in any other
manner with this Agreement or any of its rights under it or purport to do any
of the same without the prior written consent of SmartBOL.