Table of Contents/Links
II. Terms and Conditions
Welcome to SMC3.com (the “Web Site”), a web site accessible free of charge to the general public with Internet access. The Web Site and its contents and related services are owned and administered by Southern Motor Carriers Rate Conference, Inc. (“SMC³”).
By accessing and using the Web Site, or otherwise availing Yourself of the services and information offered through the Web Site, You – the “User” – agree to be bound by these Terms of Service And Purchases (hereinafter “Terms Of Service” or “Agreement”) in effect at the time of each such access or other use of the Web Site.
You also acknowledge that SMC³ may, from time to time, in its sole discretion and without notification to You, modify these Terms of Service. It is Your responsibility to apprise Yourself of any such revision or modifications each time You visit or use the Web Site. If You do not so agree, You are not authorized to access or use the Web Site in any manner, and You must exit the Web Site immediately.
II. Terms and Conditions
SMC³ is the leading provider of transportation data software and services nationwide. SMC³ presently serves more than 3,000 customers throughout the United States and Canada, helping shippers, carriers and logistics companies conduct business seamlessly through the maze of local, regional and national transportation networks. To better equip its customers in the high tech marketplace, SMC³ has developed a suite of transportation software tools as well as a host of data software modules. SMC³ has created the Web Site as a means of providing via the Internet access to information about the various products offered by SMC³, as well as the means for Authorized Purchasers to purchase certain of these products online. The features and information that a User may avail himself of via the Web Site are collectively referred to herein as the “Services.” The various SMC³ products that, at any given time, are featured and/or may be purchased via the Web Site are collectively referred to herein as the “Products.”
In order to access the Web Site and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You must be eighteen years old or older to purchase any Product via the Web Site.
SMC³ makes no guarantees regarding the availability of the Web Site or the Services (including the availability of any given Products). Furthermore, SMC³ reserves the right, within its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality. You agree that SMC³ will not be liable to You for any such discontinuance or modification of the Web Site or the Services.
SMC³ grants You a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by these Terms Of Service. Other than page caching, You are not authorized to download or modify the Web Site or any portion of it, except with express written consent of SMC³. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore, You may not post or transmit through the Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with the letter and intent of these Terms of Service.
Any unauthorized use terminates the permission or license granted by SMC³ in relation to the Web Site.
You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless SMC³, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and SMC³. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject matter hereof, shall be construed under and governed by the law of the State of Georgia.
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject matter hereof, shall be brought or commenced, if at all, only in the Superior Court of Fayette County, State of Georgia, or, if and only if that Court lacks subject matter jurisdiction to hear such claim, the United States District Court for the Northern District of Georgia. By accessing and using the Web Site, You submit to personal jurisdiction in Georgia in any action by SMC³ against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
The SMC³ Web Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the SMC³ Web Site are copyrighted as a collective work under the United States copyright laws. SMC³ owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SMC³ and the copyright owner, if other than SMC³. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Web Site.
SMC³ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing (via certified mail, return receipt requested, or via overnight delivery service) at the contact address set forth below.
Please direct all inquiries and other communications relating to the Web Site and/or the Services to:
SMC³ Web Site Information
653 Lexington Circle
Peachtree City, GA 30269
or by email to: info@SMC3.com
You warrant and agree that Your access to and use of the Web Site is in compliance with the laws governing such access, use, and related conduct in Your geographic region.
SMC³ may make changes to the information in this web site, or to the services described herein, at any time without notice. SMC³ makes no commitment to update this information. It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities, and must not be relied upon in connection with any investment decision. SMC³ is not a publicly-traded company.
Use of this Web Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, SMC³ may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Web Site if You: (1) breach this Agreement; and/or (2) take actions that SMC³ believes may result in legal liability for You, for SMC³, or for other Web Site users.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE IN ANY WAY. YOU MUST EXIT THE WEB SITE IMMEDIATELY.
Otherwise, enjoy smc3.com.