Terms of Service

Welcome to the Kuehne + Nagel Inc. Internet web page ("Service"). To utilize the Service you must read and agree to these Terms of Service ("TOS"). It is important that you understand the TOS because it identifies important limitations on the Service and states the legal terms under which Kuehne + Nagel provides you with the Service.

1. Operation: This site is owned and operated by Kuehne + Nagel Inc. d/b/a Kuehne + Nagel ("Kuehne + Nagel"). Material from these pages may NOT be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that one copy of the materials may be downloaded on any single computer for personal, non-commercial home use only. The use of any such material on any other web site or networked computer environment is prohibited.

2. Changes in Service Functionality. The functionality of the Service may be changed or enhanced from time to time. In any event, these TOS (as amended by Kuehne + Nagel from time to time in its sole discretion) shall always control the use of the Service.

3. Current Information: Readers should not assume that information contained on this site has been updated or otherwise contains current information. Information contained in past postings may not remain accurate. Kuehne + Nagel does not review past postings to determine if information has been superseded. Postings are made at the discretion of Kuehne + Nagel .

4. Privacy and Confidentiality. Kuehne + Nagel may disclose information obtained in connection with your use of the Service as it deems reasonably necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the interests, rights or property of Kuehne + Nagel; (3) enforce the TOS; or (4) act to protect the interests of its customers or others. Kuehne + Nagel reserves the right to provide certain user information to third parties, including its advertisers. Your Internet Protocol address is transmitted with each message sent from your account. Some personal information you provide to Kuehne + Nagel may be stored outside of the country in which you reside. You agree that Kuehne + Nagel may access your account, including its contents, as stated above or to respond to service or technical issues. Kuehne + Nagel has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Kuehne + Nagel reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

5. Conduct. As a condition of your use of the Service, you warrant to Kuehne + Nagel that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided for authorized business use only. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
• Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
• Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
• Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
• Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
• Kuehne + Nagel has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Kuehne + Nagel reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

6. Links to Third Party Sites. The links included within the service may let you leave the Service web sites ("linked sites"). The linked sites are not under the control of Kuehne + Nagel and Kuehne + Nagel is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Kuehne + Nagel is not responsible for webcasting or any other form of transmission received from any linked site. Kuehne + Nagel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kuehne + Nagel of the site or any association with their operators.

7. DISCLAIMERS/LIMITATION OF LIABILITY. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Kuehne + Nagel and/or its respective suppliers may make improvements and/or changes in the Service at any time. Kuehne + Nagel does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Kuehne + Nagel does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Kuehne + Nagel shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Kuehne + Nagel is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Kuehne + Nagel is not responsible for any content sent using and/or included in the Service by any third party. Kuehne + Nagel AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Kuehne + Nagel AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Kuehne + Nagel AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Kuehne + Nagel OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

8. Indemnification. You agree to indemnify and hold Kuehne + Nagel, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

9. Termination. Kuehne + Nagel may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Kuehne + Nagel may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by Kuehne + Nagel The amount of time that Kuehne + Nagel currently views as an "extended" period of time is a first log-on 10 days or later after registration and after an initial log-on, 90 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. Kuehne + Nagel shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

10. Proprietary Rights. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Kuehne + Nagel, or Kuehne + Nagel's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software. The code and software utilized by the Service are proprietary products of Kuehne + Nagel and its suppliers and is protected under copyright law. All right, title, and interest in and to the code and software, including associated intellectual property rights, are and shall remain with Kuehne + Nagel and its suppliers. You shall not reverse engineer, decompile, disassemble or otherwise translate the code and software. This Agreement does not convey to you any interest in or to the code and software.

11. Modification to Terms of Service and Member Policies. Kuehne + Nagel reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes, whether or not notice of the change(s) is issued.

12. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Connecticut and the United States of America as it applies to a contract made and performed in such state, excluding its principles of conflict of laws. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. User consents to jurisdiction and venue in the state and federal courts sitting in the State of Connecticut of the United States of America.

13. General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kuehne + Nagel as a result of this agreement or use of the Service. Kuehne + Nagel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kuehne + Nagel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Kuehne + Nagel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kuehne + Nagel with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kuehne + Nagel with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Kuehne + Nagel agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

14. Language. It is the express will of the parties that this agreement and all related documents have been drawn up and will be interpreted soley in the English language.

COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright (c) 2004 Kuehne + Nagel Inc. d/b/a Kuehne + Nagel, its subsidiaries, affiliates and/or Kuehne + Nagel’s suppliers, c/o Kuehne + Nagel, 22 Spencer Street, Naugatuck, Connecticut 06770 U.S.A. All rights reserved.

TRADEMARKS. Kuehne + Nagel, Easy2Mail and/or other Kuehne + Nagel products and services referenced herein are either trademarks or registered trademarks of Kuehne + Nagel Inc. d/b/a Kuehne + Nagel, its subsidiaries and/or affiliates.. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.