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As used in these Terms, “BESTPASS” means the BESTPASS, Inc. a wholly owned subsidiary of the New York State Motor Truck Association (“NYSMTA”).
Information Submitted to BESTPASS
Other than as provided in the BESTPASS Online Privacy Statement, any information sent to BESTPASS through this Site will be treated as non-confidential. You grant to BESTPASS an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the information you send for any purpose whatsoever. You agree that BESTPASS is entitled to use for any purpose whatsoever any ideas, concepts, know-how or techniques that you send, without any obligation of compensation to you or any other person. Your personally identifiable information that you submit will be treated in accordance with the BESTPASS Online Privacy Statement that accompanies this Site or as more specifically described in another BESTPASS web site you may access.
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BESTPASS has the right but not the obligation to monitor and review transmissions, bulletin boards, postings and messaging activities, such as Instant Messages and chat rooms, on this Site. BESTPASS assumes no liability with respect to such activities or the content of any such locations or activities.
Third Party Web Sites
References on this Site to any names, marks, products or services of any third parties or links to third party sites are provided solely as a convenience to you and do not constitute or imply an endorsement or sponsorship by BESTPASS or an affiliation with the third party. You agree that BESTPASS will not be responsible for any damage or loss incurred in connection with the third party web sites or any products or services available from the third party.
Use of Site Content
All information, text, software, audio, video, photographs, images and other data contained on this Site (“Site Content”) are the property of BESTPASS or licensed to BESTPASS. Site Content is protected by copyright laws and other proprietary rights laws. You are authorized to access this Site for informational, non-commercial purposes (view and browse Site Content), as well as specific commercial activities as defined and described within the Site. Use of Site Content for any purpose except as provided in these Terms or as stated in the text on the Site is prohibited.
Disclaimer of Warranties
Due to the possibility of human and mechanical error, as well as other factors, BESTPASS is not responsible for any errors or omissions contained on this Site. All BESTPASS and third party information is provided “AS IS”. BESTPASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL BESTPASS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES FOR LOST PROFITS, LOST REVENUE OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING DAMAGES CAUSED BY OR RELATED TO INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUS, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND BESTPASS’ CONTROL, EVEN IF BESTPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING BESTPASS’ RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
Potential Disruption of Service
Access to the Site may from time to time be unavailable, delayed, limited or slowed due to, among other things:
• Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
• Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
• Overload of system capacities;
• Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
• Interruption (whether partial or total) of power supplies or other utility of service;
• Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
• Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of BESTPASS.
Statements on this Site that do not directly relate to historical facts may constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 and the provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended (which Sections were adopted as part of Private Securities Litigation Reform Act of 1995). Such forward-looking statements are based upon management’s current knowledge and assumptions about future events and involve risks and uncertainties that could cause actual results, performance or achievements to be materially different from anticipated results, prospects, performance or achievements expressed or implied by such forward-looking statements. Such risks and uncertainties include, but are not necessarily limited to, those discussed in BESTPASS’ most recent Form 10-K filed with the Securities and Exchange Commission. BESTPASS disclaims any intention to, and undertakes no obligation to, revise any forward-looking statement, whether as a result of new information, future event, or otherwise.
The trademarks, service marks, logos and slogans appearing on this Site (“Marks”) are the registered or common law marks of BESTPASS or designated third parties. No right or license is granted, by implication, estoppel or otherwise, to use the Marks or any other intellectual property rights of BESTPASS or any third party.
BESTPASS reserves the right in its sole discretion to terminate your access to or use of this Site for any reason, including a failure by you to comply with these Terms. BESTPASS may choose to take legal action against you for your failure to comply with these Terms.
BESTPASS may revise or withdraw all or any portion of Site Content and discontinue any products or services at any time without notice. By accessing this Site you agree to be bound by any revisions made by BESTPASS and you agree that you will visit these Terms regularly to view the then-current Terms.
This Site is controlled, operated and administered by BESTPASS from its offices within the United States of America. BESTPASS makes no representation that information available on or through this Site is appropriate, available or lawful for use at other locations outside of the U.S. Access to some information through this Site from countries and areas outside of the U.S. may be prohibited by country or local law. You are responsible for complying with country and local law in using and accessing the Site and the information provided. You may not use or access this Site or export the information available through this Site in violation of U.S. export laws and regulations.
You agree that the laws and statutes of the United States and the state of New York, USA, without regard to conflict of laws principles, will apply to all matters relating to this Site and that all litigation in connection with this Site shall be subject to the exclusive jurisdiction of the state or federal courts in New York, USA.
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Albany, NY 12203
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