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Before
accessing, browsing, and/or using this web site
produced by YES Logistics Marine Transport Corp.,
and its subsidiaries or affiliate companies(hereinafter
collectively referred to as “ YES Logistics
”), you shall expressly acknowledge that you
have read, understood, and agreed to the terms
thereinafter. All information presented in the
web site is considered for information purposes
only and does not constitute any legal contract
between YES Logistics and yourself unless otherwise
specified. The information provided in the web
site is believed to be accurate- however YES
Logistics cannot guarantee the accuracy or correctness
of any information included in the web site.
YES Logistics may from time to time revise these
terms, and you are bound by such revisions and
should therefore periodically visit the web
site to review the updated Terms. |
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You understand that,
all of the site's contents, including but not
limiting to the information, products and services
contained or referred to in this web site are
subject to change or update at any time without
prior notice. While YES Logistics has made every
attempt to ensure that the information contained
in the web site is accurate and up-to-date, under
no circumstances shall YES Logistics or any of
its affiliates, respective partners, officers,
directors, employees, subsidiaries, agents or
representatives of any kind be responsible for
or liable to any person or entity for any damage,
error, omission, inaccuracy, misuse, or conversion,
whatsoever direct, indirect, consequential, incidental,
including, without limitation, lost revenues or
lost profits arising from or in connection with
the use in reliance on, or performance of any
data or information provided in or delivered from
the web site. YOU SHALL ASSUME TOTAL AND SOLE
RESPONSIBILITY FOR ANY RISKS EITHER EXPRESSED
OR IMPLIED IN YOUR USE OF THE WEB SITE. The service
is provided on an "AS IS" and "AS
AVAILABLE" basis without presentation or
warranty of any kind whatsoever. In case of any
conflict between any YES Logistics service information
in this web site and the service information contained
in the applicable YES Logistics internet documentation
agreement, the internet agreement shall prevail.
While the booking functionality of the web site
is used, the booking and carriage shall be governed
by and construed according to the terms of YES
Logistics Combined Transport Bill of Lading, including
the governing law and jurisdiction clauses. |
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Intellectual
Property Rights--Copyright Status |
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Unless otherwise specified
herein, YES Logistics will retain any/all title(s),
right(s), profit(s) and interest(s) of the web
site's contents, including but not limited to
text, photographs, images, domain, sub-domains,
trademarks, logos, or any other intellectual property
rights, moral rights and similar benefits of any
type in connection with the web site and the services
offered. You may print and download portions of
the materials solely for your personal, non-commercial
use. Unless it is strictly provided or permitted
in the Terms, any act in respect of the reproduction
of any data or content from YES Logistics web
site, including copying, redistribution, publication
or retransmission of any portion of the material
of the web site without express written permission
or consent of YES Logistics is forbidden. YES
Logistics web site may contain other proprietary
notices and copyright information, the terms of
which have to be obeyed and followed. YES Logistics
makes no warranties or representations that your
use of the services or materials displayed on
the web site will not infringe rights of third
parties not owned by or affiliated with YES Logistics.
All comments sent to YES Logistics web site become
the property of YES Logistics and may be used
without limitation. Received comments will not
be treated as confidential. |
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Exclusion
and Limitation of Liability |
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Under no circumstances,
including, but not limiting to, breach of contract,
tort, negligence, or strict liability, will YES
Logistics and its related parties be liable for
any direct, indirect, incidental, consequential,
special, punitive or other loss, damages or claims
of whatsoever. Neither YES Logistics nor any of
the related parties assume or accept any responsibility
whatsoever and bear any liability for any damage
or viruses or other items of destructive nature
that may infect your computer, any other software,
hardware or other IT systems or other property
on account of your accessing, using and/or browsing
this web site and any of its service or downloading
of any material, data, text, image and whatsoever
from this web site. Furthermore, YES Logistics
assumes no responsibility, and shall not be liable
for any loss, damages or whatsoever due to the
third party's unjustified access to the web site
or to passwords data or information on the YES
Logistics web site. |
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Hyperlinked-Links
to Third Party Sites |
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The links in the web
site will allow access to other sites. Such linked
sites are not under the control of YES Logistics,
and YES Logistics bears no liability to the contents
of these sites. YES Logistics makes no warranty
or representation whatsoever pertaining to any
other web sites which you may access through YES
Logistics web site or which you may use or access
such web site and any of its services. When you
access a non-YES Logistics web site, please understand
that it is independent from YES Logistics. YES
Logistics provides links only as a convenience,
and such inclusion of any link does not imply
endorsement by YES Logistics. It is up to you
to take precautions to ensure that whatsoever
you select for you use is free of viruses and
other items of destructive nature. |
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6.1
Information Collected on the Site
YES Logistics does not request or require any information
from anonymous visitors to the Site. YES Logistics
collects information only from those users who
wish to conduct business transactions (i.e. buying
or selling products or services) on the Site and
who have registered on the Site ("Registered
Users"). When you become a Registered User
of HomePort, you provide your name, address, telephone
and fax numbers, e-mail address and a unique User
id. You are responsible for maintaining the confidentiality
of any User id as well as any account number,
account name, or passwords, if applicable, for
the services you utilize through the Site.
6.2
Use of Cookies and Log Files
The Site does not use persistent or stored cookies;
however, it does use temporary or per-session
cookies. Temporary or per-session cookies act
as a randomly generated session ID; they last
only while the Registered User is logged onto
the Web site, and are cancelled at the end of
the session (i.e., the Registered User logs
out of the Site or closes their Web browser
program). The Site uses temporary cookies for
security purposes. Each time a Registered User
logs onto the Site, the Site server generates
a temporary session ID, which associates with
the user's login name, password and computer
during that particular session. This allows
the Registered User to move from page to page
in the Site during a specific session, without
having to re-enter the user login name and/or
password. The temporary cookie allows the Site
server to continuously verify that the user
is a permitted user as the user moves from page
to page during a specific session. When the
Registered User logs out of the Site the temporary
session ID is cancelled, and is removed from
the temporary memory of the user's computer;
and the association in the Site server between
the temporary session ID and the specific user
login name and password is also terminated.
YES Logistics also uses log files for anonymous
site usage analysis. A "log file"
is a data file that records a Registered User's
activity while using the Site.
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You
agree to indemnify, defend and hold YES Logistics
and its affiliates, and their respective officers,
directors, owners, agents, information providers
and licensors (collectively, the "YES Logistics
Parties") harmless from and against any
and all claims, liability, losses, costs and
expenses (including reasonable attorneys' fees)
incurred to any YES Logistics Party in connection
with any violation of this Terms or any improper
use of the Service under your account and password.
YES Logistics reserves the right, at its own
expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you, and in such a case, you agree to cooperate
with YES Logistics's defense of such claim. |
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YES Logistics reserves the
right, in its sole discretion, to restrict,
suspend or terminate your access to all or any
part of the Service, at any time for any reason
without prior notice or liability. YES Logistics
may change, suspend or discontinue all or any
aspect of the Service at any time, including
the availability of any feature, database, or
content, without prior notice or liability. |
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YES Logistics web site as well
as the Terms herein shall be subject to the
laws of Taiwan, the Republic of China. You agree
that any claim or cause of action arising out
of the use of the service in the web site or
related to the Terms herein, must be filed within
one (1) year after such a claim or cause of
action arose or be forever barred. You expressly
waive any right you may otherwise have under
any statute or law. Any dispute, claim, argument,
and any other controversy arising from or in
any way related to the web site, including the
Terms, shall be submitted to the exclusive jurisdiction
of Taipei District Court of Taiwan. |
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