IMPORTANT! PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE ACCESSING THE SUMIT© SUITE OF THE INTERNET APPLICATIONS OR USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USAGE, DO NOT ACCEPT AND/OR DO NOT USE THIS SITE.
Schneider National, Inc. and its subsidiaries and affiliates ("Schneider") provides this website (the "Site") and the SUMIT© suite of Internet applications available through this Site ("SUMIT©"), as a service to Schneider customers, subject to the terms and conditions of this User Agreement (the "Agreement"). By using SUMIT© or accessing this Site, you and Your family (together referred to as "You" or "Your") agree to be bound by the terms and conditions of this Agreement and/or any other software and/or technology provided by Schneider, whether directly or via a third party license (hereinafter "SLI technology"). Continued use of the Site and/or SUMIT© constitutes notice and acceptance of the most current version of this Agreement, which is available for viewing within the Site and SUMIT©.
Ownership - SUMIT© and the Site are owned, operated, and maintained by Schneider. The Site and SUMIT© and all components thereof, including, without limitation, text, images, video and audio, code, scripts, programming, and controls are the intellectual property of Schneider and are protected by patent, copyright, trademark and other intellectual property laws of the United States and/or foreign countries. Except as expressly permitted by this Agreement, You may not use any of such materials for any purpose without the express prior written consent of Schneider.
Limited License - Schneider grants to You a limited, revocable, non-exclusive right and license to use SUMIT© and this Site solely for Your internal business purposes. Schneider may revoke this license at any time, without notice to You. Also, You understand, unless otherwise notified by Schneider in writing, that Schneider uses Rand McNally-TDM, Inc.’s ("TDM") MileMaker to calculate carrier’s rates and charges that are based on miles. You acknowledge that the mileage data generated through Schneider’s use of MileMaker are Confidential and proprietary to TDM and you will only use the mileage data that Schneider provides in Your management of its transaction logistics systems. You further understand and acknowledge that TDM may rely on the foregoing acknowledgements of You and that TDM may enforce its rights directly against you, including seeking injunctive relief for Your wrongful misappropriation of TDM’s confidential and proprietary information.
Restrictions on Use - Except as part of an Internet service provider’s incidental caching of pages, You may not copy, reproduce, republish, post, distribute, transmit or modify in any way any part of SUMIT© or this Site without the express prior written consent of Schneider. You further agree not to (i) reverse engineer, hack, "spam", block, disrupt, or otherwise change or alter the Site or SUMIT©, (ii) remove any product identification or proprietary rights notices; (iii) lease, lend, use SUMIT© for timesharing or service bureau purposes; (iv) except with Schneider’s prior written permission, publish any performance or benchmark tests or analysis relating to the SUMIT©; or (v) otherwise use or copy SUMIT© or the Site except as expressly provided herein Your doing so, or attempts to do so, may subject You to legal liability. Schneider will, in its sole discretion, take all appropriate legal action and recourse for violations hereof. You further agree not to share User ID's or passwords, which is expressly prohibited, unless allowed by specific written authorization from Schneider. You are solely responsible for the security of Your password and all use of SUMIT© and this Site in connection with Your User ID and password and the family user name and password.
DISCLAIMER OF WARRANTIES - SCHNEIDER MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, CONFIDENTIALITY, SECURITY OR COMPLETENESS OF THIS SITE OR SUMIT© OR THE CONTENT THEREOF, AND, TO THE FULL EXTENT PERMISSIBLE BY LAW, SCHNEIDER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. FURTHER, SCHNEIDER DOES NOT WARRANT OR REPRESENT THAT THIS SITE, SUMIT©, OR THE SERVER THAT MAKES THEM AVAILABLE, IS ERROR-FREE OR THAT THE SITE AND/OR SUMIT© WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
LIMITATION OF LIABILITY - SCHNEIDER SHALL NOT BE LIABLE TO YOU, YOUR FAMILY, OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES, THAT MAY ARISE OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, SUMIT© AND/OR THIS SITE OR YOUR USE OF OR RELIANCE UPON SUMIT© AND/OR THIS SITE OR THE CONTENT THEREOF.
Family Users - Drivers who use the Site and/or SUMIT© are responsible for their family as users of this Site and/or SUMIT©, and are specifically responsible and liable for any and all damages created thereby, and for disabling the drivers said family authorization to use SUMIT© and this Site. Drivers are also responsible and liable to pay for all goods and services purchased by their users through use of this Site and SUMIT©.
Updates, Links - Schneider has no duty to update this Site, SUMIT©, or the content thereof and Schneider shall not be liable for any failure to update such information. Further, Schneider is neither responsible, nor liable for, Your use of other web sites which You may access via certain links within this Site and/or SUMIT©. Those links and other "resources" referenced on this Site and SUMIT© are provided merely as a service to users of the World Wide Web, and inclusion in Schneider's Site and SUMIT© does not constitute an endorsement by, nor affiliation with, Schneider.
Reservation of Rights - Schneider, in its sole discretion, reserves the right to take all action or inaction as allowed by law, which includes, but is not limited to: (1) changing the terms of this Agreement, (2) monitoring and removing postings on this Site, and/or (3) discontinuing this Site and/or SUMIT© availability at any time, with or without notice to You or any other users.
Use of Ideas and Feedback - Schneider welcomes Your comments, questions and other feedback about this Site, SUMIT©, our services and our company, but Schneider, in its sole discretion, reserves the right to use, or not use, any ideas, materials or suggestions, which if submitted, become the property of Schneider and may be used in whole or in part at Schneider's sole discretion. If You submit any ideas, materials, or suggestions, You will not be compensated and doing so does not create a contract in any manner.
Disclosure and Use of Your Communications - Except to the extent of a written agreement between Schneider and certain of its specifically identified users, postings to this Site, SUMIT©, and electronic mail (including SUMIT© User ID's) delivered to Schneider are not confidential and Schneider shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions, or materials) You send to this Site, SUMIT©, or to Schneider by electronic mail, or otherwise, are, and shall remain, the sole and exclusive property of Schneider and may be used by Schneider for any proper purpose whatsoever, commercial or otherwise, without compensation to You. While Schneider has taken certain actions to protect this Site and SUMIT©, Schneider in no manner guarantees or represents the security or confidentiality of data and items transmitted via the Internet. You also agree to be solely responsible for providing accurate, current, and complete information about You as prompted by any of the on-line forms, including, without limitation, the SUMIT© registration form, and maintaining and promptly updating the information to keep it accurate, current and complete.
Jurisdiction - The services and information in this Site and SUMIT© are available in the United States and may not be available in Your country. This Site and SUMIT© are controlled and operated by Schneider from the State of Wisconsin, United States of America, and Schneider makes no representation, guarantee or warranty of any kind that SUMIT©, this Site or the information and materials therein, including, without limitation, the information and other materials promoting the services identified herein, are appropriate or available for use in other locations. Those who choose to access SUMIT© or the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The availability of SUMIT© and the Site is not intended to subject Schneider to the laws or jurisdiction of any state, country or territory other than the State of Wisconsin and the United States of America.
Export Controls - The SUMIT© software and other software available from this Site may be subject to export controls imposed by the United States government and may not be downloaded, accessed or otherwise exported, or re-exported, into (or to a national or resident of) any country to which the United States has placed an embargo and/or restriction. If You download, access or use any materials or software, You represent and warrant that You are not located in, a national of, nor under the control of, any such country on any such embargo or restricted list.
UCITA - The parties exclude application to this Agreement or any use of SUMIT© or the Site of any state’s enactment of the Uniform Computer Information Transactions Act ("UCITA") and hereby waive any protections and rights that may be granted thereunder.
Severability - If any term, condition, or provision of this Agreement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby.
Entire Agreement - The Agreement represents the entire agreement between the parties regarding the use of and access to SUMIT© and the Site, and expressly supersedes and cancels any prior or contemporaneous oral or written agreements on the subjects herein. You acknowledge that You not entering into the Agreement on the basis of any representations not expressly contained herein.