Terms and Conditions
conditions of use of the SAIA website, www.saia.com ("Website") and the services
offered via the Website by Saia ("Services") and is a legally binding agreement
between you, personally, and any entity on whose behalf you are using this website
(collectively "You" and/or "Your") and Saia, Inc. ("Saia"). If You do not agree
to the terms and conditions of this TOU, You should immediately cease all usage of
the Website and any Services. Saia reserves the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being posted on the Website.
Your continued use of the Website after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended.
Use of Website
This Website and its Services may be used by, and membership for any online
accounts, is limited to individuals who can form legally binding contracts
under applicable law. Saia is providing You with interactive features of
the Website and the Services for the sole purpose of interacting with Saia
You must provide (1) all equipment necessary for Your own Internet connection,
including computer and modem, and (2) provide for Your access to the Internet.
Subject to the terms and conditions mentioned herein, You are hereby granted a
limited, non-exclusive right to use the content and materials on the Website.
You have no right to use, copy, display, perform or create derivative works from,
distribute, have distributed, rent, lease, transmit or sublicense any of the material
or content available on the Website. Any software provided by Saia on the Website is
provided only on a non-exclusive, non-transferable, restricted license, for the limited
purpose of using the software solely for the services defined. No other right, title or
interest is granted in, and to such software, and the use of such software is subject to
any other terms and conditions accompanying the software. You shall not modify the software,
except as may be authorized, nor adapt, translate, reverse engineer, decompile, disassemble,
and/or otherwise attempt to discover the source code of the software, nor take any other
steps to discover the confidential information and/or trade secrets contained in the software.
You may not: (i) in connection with, in relation to, or in any way associated with your use
of the Website or Services infringe any patent, trademark, trade secret, copyright, right of
publicity or other right of any third party; (ii) defame, abuse, harass, stalk any individual,
or disrupt or interfere with the security or use of the Services, the Website or any websites
linked to the Website; (iii) interfere with or damage the Website or Services, including, without
limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing or electronic mail address
information or similar methods or technology; (iv) attempt to use another user's account,
impersonate another person or entity, misrepresent your affiliation with a person or entity,
including (without limitation) Saia or create or use a false identity; (v) attempt to obtain
unauthorized access to the Website or portions of the Website that are restricted from general
access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk
mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic
process, information about other users without their express consent or other information relating
to the Website or the Services; (viii) use any meta tags or any other "hidden text" utilizing Saia's
name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services,
except as expressly permitted by Saia; (x) engage in any activity that interferes with any third
party's ability to use or enjoy the Website or Services; (xi) "deep link" to or "frame" any portion
of the Website or (xii) assist any third party in engaging in any activity prohibited by this TOU.
Copyright and Trademark Information
All content included or available on the Website, including site design, text, graphics, interfaces,
and the selection and arrangements thereof is ©2007 Saia.com, with all rights reserved, or is the
property of Saia, Inc. and/or third parties protected by intellectual property rights. Any use
of materials on the website, including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized officer of
Saia is strictly prohibited. You agree that you will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content contained therein without
prior written permission of an authorized officer of Saia.
Saia ™, saia.com™ and saiasecure.com™ are proprietary marks of Saia, Inc. Saia's trademarks may
not be used in connection with any product or service that is not provided by Saia in any manner
that is likely to cause confusion among customers, or in any manner that disparages or discredits Saia.
All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. If You use such trademarks or logos, you must
include appropriate attribution. You may not use such trademarks or logos without express permission.
In addition, such use of trademarks or links to the websites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have any affiliation with Saia.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act,
Saia.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Saia, Inc. Marketing Department
11465 Johns Creek Parkway, Suite 400, Duluth, GA 30097
By Telephone: 800-765-7242
By Email: email@example.com
Representations and Warranties
You represent and warrant to Saia that: (i) You have the full power and authority to enter into and perform your obligations
under this TOU; (ii) Your assent to and performance of Your obligations under this TOU does not constitute a breach of or conflict
with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) all information
provided by You on Your account is accurate and current and will be updated by You to remain current; (iv) this TOU constitutes legal,
valid and binding obligations on You, enforceable in accordance with its terms and conditions; (v) You will not infringe the patent,
copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your
use of the Website and Services; (vi) You will comply with all applicable laws, rules and regulations in Your use of the Website and Services,
as well as the agreed upon terms of this TOU; and (vii) You understand and acknowledge that Saia may terminate this TOU at any time in its sole discretion.
Disclaimer of Warranties
The Website is provided by Saia on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Saia, Inc.
makes no representations or warranties of any kind, express or implied, that the Website or Services or their use (i) will be free from defects,
inaccuracies or errors, (ii) will be uninterrupted or secure (iii) will meet Your requirements or (iv) will operate in the configuration or with
the other software You use. Saia disclaims all warranties with regard to the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties therefore the
above-referenced exclusion is inapplicable.
Limitation of Liability
SAIA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SAIA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, SERVICES, OR THEIR
USE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SAIA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF SAIA ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU, THE WEBSITE
OR THE SERVICES EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Saia, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable
attorneys' fees and costs, made by any third party due to or arising out of Your use of the Services, the violation of this Agreement, or infringement
by You, or other user of the Services using Your computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Services
Saia reserves the right to modify or discontinue the Services with or without notice to You. Saia shall not be liable to You or any third party should
Saia exercise its right to modify or discontinue the Services. You acknowledge and accept that Saia does not guarantee continuous, uninterrupted or secure
access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Saia's control.
You may become a member ("Member") by registering for an online password protected account to certain Services offered on the Website. Registration provides
Members with access to saiasecure.com for advanced interactive features. As a Member, You are responsible for completing registration form, maintaining the
accuracy of the data supplied, and maintaining the confidentiality of the user id. Saia reserves the right to cancel or terminate any unauthorized user from
saiasecure.com without prior notice and without any liability to You or any third party.
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Saia
is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster
for those third-party sites if You have any concerns regarding such links or the content located on such sites. Your's use of those third-party sites is subject
Governing Jurisdiction and Applicable Law
Saia is headquartered in Duluth, GA. The Website is operated and provided in the State of Georgia. As such, Saia is subject to the laws of the State of Georgia, and in order
to obtain consistent enforcement of this TOU throughout the country, the laws of the State of Georgia will govern this TOU, without regard to any provision governing conflicts
of law. Any dispute arising with regard to this TOU, the Website or the Services shall be brought before the federal or state courts located in the State of Georgia. Saia makes
no representation that the Website or other Services are appropriate, legal or available for use in other locations. Accordingly, if You choose to access or use the Website, You
expressly agree to do so subject to the internal laws of the State of Georgia.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You shall not use or access the Website or the Services in any way that violates
applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
If any provision of this TOU shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby
and shall remain valid and enforceable to the maximum possible extent. You agree that this TOU and any other agreements referenced herein may be assigned by Saia, in its sole discretion,
to a third party in the event of a merger or acquisition. This TOU shall apply in addition to, and shall not be superseded by, any other written agreement between You and Saia.
Saia is concerned about more than just shipping. Saia does not share information collected about You with other organizations. Saia will take all reasonable measures to safeguard
Your privacy while visiting the Website. That is just an extension of the Xtreme Performance and service that Saia strives to deliver to every customer. You agree that by accepting