PLEASE READ THESE TERMS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STAT COURIER SERVICES, INC. AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms of Use (“Terms”) constitute a legally binding agreement between you and STAT Courier Service, Inc. (“STAT Courier”) and shall govern your access to and use of STAT Courier’s websites, applications, content, and related services (collectively, the “STAT COURIER Websites”) owned, in the possession of, and/or provided by STAT Courier as described herein.
By visiting, accessing, and/or using the STAT Courier Websites, you agree to be bound by these Terms. STAT Courier reserves the right to modify or terminate the STAT Courier Websites or your access to and use of the STAT Courier Websites or any portion thereof at any time and for any reason. You further represent and warrant that you are at least 18 years of age and that you have the right, authority, and capacity to enter into and abide by these Terms. Access to and use of password protected and/or secure areas of the STAT Courier Websites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the STAT Courier Websites may be subject to prosecution.
- The STAT Courier Websites
The STAT Courier Websites include the websites, applications, content, and related services of STAT Courier and its affiliates, including the specific website or application in which these Terms are posted.
- Intellectual Property
The STAT Courier Websites may contain proprietary notices and copyright information, the terms of which must be observed and followed. Any content on the STAT Courier Websites, including but not limited to graphics, logos, text, icons, images, audio or visual clips, digital downloads, data compilations, and software is the property of STAT Courier and its affiliates, and is protected by United States and international copyright laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, or licensing creative derivative works or using any content on the STAT Courier Websites for personal, commercial, or public purposes.
- Modification of the Terms
STAT Courier may amend these Terms from time to time at its sole discretion. Amendments or changes to these Terms shall be effective upon STAT Courier’s posting of such amendments or changes. Your continued access to and/or use of the STAT Courier Websites will be subject to your acceptance of any amendments or changes to these Terms.
- Restrictions
With respect to your access to and use of the STAT Courier Websites, you may not:
- Violate any federal, state, or local law, statute, rule, permit, ordinance, or regulation;
- Use the STAT Courier Websites to stalk, threaten, or otherwise harass any person;
- Use the STAT Courier Websites to post information or interact through the STAT Courier Websites in any way that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- Remove any copyright, trademark, or other proprietary notices from any portion of the STAT Courier Websites;
- Reproduce, modify, prepare derivative works based upon, distribute, license, sell, resell, transfer, or otherwise exploit the STAT Courier Websites without STAT Courier’s express written consent;
- Decompile, reverse engineer, or disassemble the STAT Courier Websites except as may be permitted by applicable law;
- Attempt to gain unauthorized access to or impair any aspect of the STAT Courier Websites or its related systems or networks.
- Monitoring
STAT Courier monitors network traffic, web and application servers, and logs to identify unauthorized attempts to upload, change or otherwise cause damage to the STAT Courier Websites. STAT Courier reserves the right to modify or terminate your access to and use of the STAT COURIER Websites or any portion thereof at any time should STAT Courier determine, in its sole discretion, that you have violated these Terms and/or have attempted to, or have successfully changed or caused damage to the STAT Courier Websites.
- Disclaimers and Limitation of Liability
The STAT COURIER websites are provided “as is” and “as available”. STAT COURIER does not make any warranties or representations, express or implied, including without limitation, any implied warranty of merchantability, any implied warrant arising from the course of dealing, fitness for a particular purpose, and non-infringement, as to the STAT COURIER websites. STAT COURIER further disclaims all warranties and representations with respect to reliability, timeliness, quality, suitability, or availability of the STAT COURIER websites. You agree that the entire risk arising out of your use of the STAT COURIER websites remains solely with you to the maximum extent permitted under applicable law. STAT Courier may provide links to other sites as a convenience, but is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by STAT COURIER of the linked site.
In no event will STAT COURIER or its affiliates have any liability for any special, indirect incidental, exemplary, or consequential damages arising in any way from any use of the STAT COURIER websites, whether or not STAT COURIER has been advised of the possibility of these damages. STAT COURIER shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the STAT COURIER Websites, or your inability to access or use the STAT COURIER websites; (ii) ANY Services OR PRODUCTS provided by a third party; or (iii) delay or failure in performance OF THE STAT COURIER websites resulting from causes beyond STAT COURIER’s reasonable control.
- Indemnity
You shall indemnify, defend, and hold harmless STAT Courier and its affiliates and their officers, directors, employees, and agents from and against any and all claims, damages, losses, judgments, liens, penalties, interest, and expenses, including but not limited to reasonable attorneys’ fees, arising or alleged to arise or resulting from (i) your use of the STAT Courier Websites; (ii) the inaccuracy of any representations or warranties of you as stated herein; (iii) your breach of or failure to comply with these Terms; (iv) your violation of any law or the rights of a third party as a result of your own conduct and interaction with such third party; (v) any of your acts, errors or omissions in connection with the STAT Courier Websites.
- Privacy
STAT Courier is committed to the responsible handling of information and data we collect through the STAT Courier Websites. STAT Courier’s Privacy Policy with respect to the use of the STAT Courier Websites can be found at www.stat-courier.com. This policy is incorporated into these Terms by reference.
- Children
The STAT Courier Websites and STAT Courier do no knowingly solicit data from children, and we do not knowingly market to children.
- Severability
You acknowledge that these Terms are reasonable, valid, and enforceable. However, if any part of these Terms is held by a court of competent jurisdiction to be invalid, such provision shall be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable, and the remainder of the provisions of these Terms will in no way be affected or invalidated as a result.
Where any provision in these Terms is found to be unenforceable, STAT Courier shall make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision.
- Applicable Law
Your access to and use of the STAT Courier Websites is subject to all applicable federal, state, and local laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Missouri. You agree that any dispute involving these Terms or any aspect of the STAT Courier Websites provided pursuant to these Terms shall be heard only in the (i) Circuit Court of St. Charles County, Missouri or (ii) the United States District Court for the Eastern District of Missouri, and you hereby consent to the jurisdiction of those courts.
- Entire Agreement
These Terms constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and cancels any and all prior or contemporaneous representations, negotiations, conditions, communications, contracts, and/or agreements, whether oral or written, between the parties relating to the subject matter hereof, and all past course of dealing.