Updated May 15, 2014
Please read these terms and conditions of use carefully before using this site.
- Introduction and Agreement to be Bound. This website is operated by NEW PENN. Certain parts of this website are not available to you without a user name and password (“Subscriber Areas”). Other areas (the “General Website”) are available to the general public, and we welcome you to visit the General Website, providing that you agree to these General Website Terms and Conditions of Use (“General Terms”). The General Terms govern the General Website, and you agree to the General Terms by using the General Website. If you are affiliated with a subscriber and have access to Subscriber Areas, your access to and use of a Subscriber Area is governed by separate terms and conditions that are available for your review at login.
- Modification of Terms. Please review these General Terms periodically in the event that they are modified.
- License. NEW PENN grants you a limited, revocable, non-exclusive license
- to access the General Website, and
- while accessing the General Website, to view Materials displayed on the General Website for your personal or internal business use and for no other purpose. You may not use any functionality that requires use of an identification, tracking, access or other code where you have not been authorized to use such a code. You are also granted a limited, non-exclusive license to print a copy of any part of the contents of the General Website for your personal use and no other purpose. Before making copies of downloadable items, you must destroy existing copies of such items in your possession or control. For purposes of these User Terms, “Materials” means any text, data compilations, photographs, software, data instruction packets, graphics, illustrations, artwork, video, music, sound and any other contents of the General Website.
Intellectual Property. NEW PENN retains all right, title and interest on behalf of itself and (where applicable) its third-party suppliers to Materials. You acknowledge and agree that ownership of Materials resides in NEW PENN, and agree not to challenge, directly or indirectly, NEW PENN’s ownership in and to the Materials. You agree to indemnify and hold NEW PENN harmless from any unauthorized use of the Materials by you or caused by you. The Materials are protected by copyright and/or other laws in the United States and elsewhere.
- Prohibited Conduct. Except as permitted under the General Terms or where a prohibition is contrary to applicable law, copying, storing, displaying, reproducing, distributing, marketing, selling, licensing, sublicensing, publishing or creating derivative works of any Materials is expressly prohibited without prior written permission from NEW PENN or the copyright holder identified in the individual contents copyright notice. You agree that the Materials may not be reverse-engineered, disassembled, decompiled or retransmitted in any way through any medium or otherwise translated into any language or computer language. You will not use the Materials or newpenn.com in any manner that violates the law or the rights of any other person. You agree that you will not use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from this General Website or otherwise monitor or copy the Materials. You are expressly prohibited from framing or linking or otherwise using or displaying the General Website in such a manner so that it appears to be part of your own or someone else’s website. You shall not deep link to any page on the Company Website or otherwise link in a manner that bypasses the Company Website home page. You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the General Website. By doing so, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the content of such communication in any manner whatsoever.
- Disclaimer. THE GENERAL WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEW PENN AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS. NEW PENN AND ITS SUPPLIERS MAKE NO WARRANTIES TO YOU ABOUT OR FOR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GENERAL WEBSITE OR THE MATERIALS OR ABOUT OR FOR THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE GENERAL WEBSITE OR THE MATERIALS, OR ABOUT OR FOR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. NEW PENN DOES NOT WARRANT TO YOU THAT THE GENERAL WEBSITE OR THE MATERIALS WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE MATERIALS OR THE GENERAL WEBSITE SERVERS ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE GENERAL WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEW PENN IS NOT RESPONSIBLE FOR THOSE COSTS.
- Limitation of Liability. YOUR USE OF THE GENERAL WEBSITE AND THE MATERIALS IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, SHALL NEW PENN AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGES FOR WORK STOPPAGE OR INTERRUPTION, FOR LIABILITY OR INJURY TO THIRD PERSONS, OR FOR ECONOMIC, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR ANY LOSS OF BUSINESS, DATA, GOODWILL, PROFITS, SAVINGS OR SOFTWARE) RESULTING IN ANY WAY FROM YOUR OR ANY OTHER PERSON’S USE OR INABILITY TO USE THE GENERAL WEBSITE OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEW PENN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Third-Party Sites. THE GENERAL WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, BUT SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. NEW PENN IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY SITES AND DOES NOT ENDORSE, SUPPORT, OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY WEBSITES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
- Forward-Looking Statements. IN ACCORDANCE WITH THE SAFE HARBOR PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, NEW PENN NOTES THAT THIS SITE MAY CONTAIN “FORWARD-LOOKING” STATEMENTS WITHIN THE MEANING OF THAT ACT. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THE RESULTS CONTEMPLATED BY THE FORWARD-LOOKING STATEMENTS CONTAINED HEREIN BASED ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO GENERAL ECONOMIC CONDITIONS AND SPECIFIC CONDITIONS IN THE MARKETS IN WHICH NEW PENN OPERATES (WHICH CAN AFFECT DEMAND FOR SERVICES), THE COSTS AND DIFFICULTIES IN EXECUTION OF CERTAIN OF NEW PENN’S SALES, MARKETING AND INFORMATION TECHNOLOGY FUNCTIONS, COMPETITION FROM OTHER TRANSPORTATION AND LOGISTICS PROVIDERS, NEW PENN’S ABILITY TO ADAPT TO TECHNOLOGICAL CHANGE AND TO COMPETE WITH NEW OR IMPROVED SERVICES OFFERED BY COMPETITORS, INCREASES IN MOTOR FUEL PRICES, WORK STOPPAGES, STRIKES OR SLOWDOWNS BY EMPLOYEES, CHANGES IN GOVERNMENT REGULATIONS, EFFECTS OF WEATHER, AVAILABILITY OF FINANCING ON TERMS ACCEPTABLE TO NEW PENN, OTHER UNCERTAINTIES DETAILED FROM TIME TO TIME IN NEW PENN’S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, PRESS RELEASES OF NEW PENN AND ITS SUBSIDIARIES AND ELSWEWHERE. NEW PENN UNDERTAKES NO OBLIGATION TO UPDATE OR REVISE ANY SUCH FORWARD-LOOKING STATEMENTS, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE EXCEPT AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS.
- Indemnification. You agree to defend, indemnify, and hold harmless NEW PENN, its parents, affiliates and subsidiaries and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your negligence or from your breach of the General Terms.
- Dispute Resolution. The General Terms shall be governed by and construed in accordance with the internal laws of the State of Illinois without regard to the conflicts of laws or principles thereof. In the event of litigation, the parties agree to submit irrevocably to the state and federal courts in Cook County, Illinois, and to raise no objections to the venue of such courts. The parties agree that in the event of any suit or proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable attorney’s fees.
- Severability. If any provision of the General Terms is found to be invalid by any court or tribunal having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the General Terms, which shall remain in full force and effect.
- Waiver. No waiver of any term of the General Terms shall be deemed a further or continuing waiver of such term or any other term.
- Assignment. NEW PENN may assign its rights and duties under the General Terms to any party at any time without notice to you. Your rights and duties under the General Terms are not assignable by you without the consent of NEW PENN.
- Termination. NEW PENN may terminate your use or rights to access to any or all portions of the General Terms and the Materials for any reason or no reason at all. Paragraphs 4–16 and any section which by its terms and nature are meant to survive termination of the General Terms, shall survive its termination.