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TERMS OF USE AGREEMENT

Welcome to newenglandcourier.com! By using this service, you agree to abide by the Terms of Use Agreement. Please read it carefully before accessing this site.

This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions.

The Materials and Services on this Site, including - but not limited to - the compilation of all contents, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, newenglandcourier.com and its suppliers do not grant any express or implied right to you under any paternities, copyrights, trademarks, rights, trade secrets or other intellectual property rights with respect to the Materials and Services. 

Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of newenglandcourier.com.

The rights specified above to view, download and print the documents and information available on this Site, are not a right to copy design, layout, look or feel of the Site apart from the usage permitted herein. Elements of this Site are protected by trade dress or other laws and may not be copied or imitated in whole or in part.

User acknowledges and agrees that as contemplated under this Terms of Use Agreement, it is not a breach of user's right to privacy, publicity or any other right related to protection of personal data, whether in equity, law, contract or otherwise. User hereby waives any and all such claims or rights of action (whether foreseen or unforeseen).

This Site contains links to third party Web sites that are not under the controls of newenglandcourier.com. newenglandcourier.com makes no representations whatsoever about any other Web site to which you may have access through this Site.   When you access newenglandcourier.com, you do so at your own risk and newenglandcourier.com is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on this site; or for the quality of any products or services available on such site; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the contents, goods or services available on or through any such link, site or resource. newenglandcourier.com provides these links merely as a convenience and the inclusion of such links does not imply that newenglandcourier.com endorses or accepts any responsibility for the content or uses of such sites.

Except as expressly provided otherwise in a written agreement signed by authorized representatives of you and newenglandcourier.com, all materials and services on this Site are provided "as is" and "as available" without warranty of any kind (either express or implied) including - but not limited to - the applied warranties of merchant ability or fitness for a particular purpose, or the warranty of the non-infringement. Without limiting the foregoing, newenglandcourier.com makes no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure or error free, (c) the result that may be obtained from the use of the services or materials will be effective, accurate or reliable and (d) the quality of any product, services or information purchased or obtained by you from this Site will meet your expectations. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot by law be excluded are limited to ninety (90) days.

This Site could include technical or other mistakes, inaccuracies or typographical errors. newenglandcourier.com may make changes to the materials and services at this Site at any time without notice. The materials or services at this Site may be out of date, and newenglandcourier.com makes no commitment to update such materials or services.

newenglandcourier.com assumes no responsibility for errors or omissions in the materials and/or services for information, materials or services of third parties that are referenced by or linked to this Site, including those of newenglandcourier.com's associates. References to other companies, their services and products, are provided "as is" and "as available" without warranty of any kind (either express or implied).

IN NO EVENT SHALL NEWENGLANDCOURIER.COM OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT NEWENGLANDCOURIER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE REFERENCED OR LINKED TO THIS SITE, INCLUDING THOSE OF NEWENGLANDCOURIER.COM'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FROM CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No advice or information (whether oral or written) obtained by you from newenglandcourier.com or through or from the Site shall create any warranty not expressly stated in the Terms of Use.

In addition to the limitations and exclusions set forth above, in no event will newenglandcourier.com's liability for the subject matter of the Agreement exceed one thousand ($1,000.00) US dollars.

User acknowledges that the allocation of risks and limitations of liabilities contained in this Agreement are a material consideration for newenglandcourier.com entering into this Agreement.

This Agreement is effective as of the date you make use of the Site. The limitations and disclaimers of warranties, and the indemnity obligations of users, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement.

This Terms of Use Agreement constitutes the entire Agreement between you and newenglandcourier.com with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and newenglandcourier.com. This Agreement may be modified only by a signed agreement or as follows:

· newenglandcourier.com may modify this Agreement by posting the new Terms and Conditions into the same location that the previous Terms and Conditions were posted.

· If the user continues to use the Materials, Services or Site, then the user will be considered to have accepted the modifications.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and remaining provisions enforced.   Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and Web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

newenglandcourier.com will not be liable in any amount for failure to perform any obligation under this Agreement, if such failure is caused by the occurrence of cause beyond the reasonable control of newenglandcourier.com, including - but not limited to - outages of the Internet or connections thereto, communication outages, earthquakes, fires, floods, Acts of God or any other Acts of governmental bodies or authorities.

This Site (excluding links) is controlled by newenglandcourier.com from its offices within the State of Massachusetts or United States of America. By accessing this Site, you and newenglandcourier.com agree that the statutes and laws of the State of Massachusetts, without regard to the conflicts of laws principals thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and newenglandcourier.com also agree and hereby submit that the herein agreement shall be governed by United States law.   Shall any construction, validity, and/or performance matter involving the herein agreement arise, the parties agree to give exclusive jurisdiction to the courts of Boston, Massachusetts, Suffolk County, USA.  

 

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