Terms of Service
By using this website, users confirm that they have read the agreement below and agree to the terms and conditions below (“the Terms of Use”). These Terms of Use are a legal agreement between you and Priority-1, Inc. d/b/a CabotageTMS™ (hereinafter referred to as “Website Owner”), the owner and developer of CabotageTMS.com. By using this website and/or registering for any service provided on CabotageTMS.com you agree to be bound by all of the Terms of Use set forth below as long as you remain a user. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY CabotageTMS™ SERVICE OR USE THE CABOTAGETMS.COM WEBSITE. The Terms are subject to change at any time, effective upon notice to you.
1. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on CabotageTMS.com.
2. User Accounts. Certain functions and services through CabotageTMS.com require the user to be approved for an account with CabotageTMS™ (“Account Access”). Approval for Account Access requires execution of a CabotageTMS™ Software as a Service Agreement (“SaaS Agreement”), which includes acceptance of the Terms.
3. Limitations of Liability and Indemnification. By using any services provided by CabotageTMS.com, you agree that in no event will CabotageTMS.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by CabotageTMS.com or Website Owner shall be a return of any fees paid to CabotageTMS.com or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless CabotageTMS.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of CabotageTMS.com, including any breach by you of the Terms contained in this Agreement.
4. Opinions, advice, statements or other comments that may appear on CabotageTMS.com should not necessarily be relied upon and are not to be construed as professional advice from CabotageTMS.com or Website Owner.
5. Ownership, Copyrights, Trademarks, Licenses.com and Website Owner own and retain all proprietary rights to the CabotageTMS™ service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of CabotageTMS.com and Website Owner. By posting information to CabotageTMS.com and Website Owner you represent that you have the right to grant permission for use by CabotageTMS.com and Website Owner.
6. No Warranties. Website Owner provides the CabotageTMS.com services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, CabotageTMS.com and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
7. Jurisdiction and Venue. Interpretation of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. Users and Website Owner agree that the exclusive venue to hear disputes arising out of these Terms of Use or the use of the CabotageTMS.com website shall be the Circuit Court of Pulaski County, Arkansas, or the United States District Court for the Eastern District of Arkansas.
8. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
9. Entire Agreement. Absent an agreement in writing signed by an authorized representative of the Website Owner, the Terms of Use constitutes your entire agreement with CabotageTMS.com and Website Owner with respect to any services.
10. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.