Legal notice

Overview

GTD Solution Inc. and IBM (together the “TradeLens Collaboration”) jointly own and develop the TradeLens solution.  The TradeLens Collaboration is not an entity, references herein to the TradeLens Collaboration shall be deemed to mean each of GTD Solution Inc. and IBM in both their individual and joint capacities. The following are the terms of an agreement between you and the members of the TradeLens Collaboration. By accessing, or using this Website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Website.

The TradeLens Collaboration may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Website. The TradeLens Collaboration may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

Your use of TradeLens solution products or services are provided by GTD Solution Inc. or IBM pursuant to a separate agreement. Those additional terms become part of your agreement with the TradeLens Collaboration.

General

This Website contains proprietary notices and copyright information, the terms of which must be observed and followed.

The TradeLens Collaboration grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a customer or potential customer of The TradeLens Collaboration provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and The TradeLens Collaboration may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Website.) All other use of this site is prohibited.

Except for the limited permission in the preceding paragraph, The TradeLens Collaboration does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

You can find our Digital Millennium Copyright Act Notices below.

Please do not use the Website in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Website or any features on the Website (including any technological measures we employ to enforce these Terms of Use).

If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down any content, terminate your account, prohibit you from using the Website, and take appropriate legal actions.

Using our Website does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Website unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

When you use our Website or send communications to us through the Website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Terms. Please see our “Privacy Terms” for information regarding the TradeLens Collaboration’s privacy policies.

Disclaimer

From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.

If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.

Confidential information

The TradeLens Collaboration does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to The TradeLens Collaboration will be deemed NOT to be confidential. By sending The TradeLens Collaboration any information or material, you grant The TradeLens Collaboration an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that The TradeLens Collaboration is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to The TradeLens Collaboration for the purpose of receiving products or services will be handled in accordance with our Privacy Terms.

Global availability

Information The TradeLens Collaboration publishes on the Internet may contain references or cross references to TradeLens solution products, programs and services that are not announced or available in your country. Such references do not imply that The TradeLens Collaboration intends to announce or make available such products, programs, or services in your country. Please consult your local GTD Solution Inc. or IBM business contact for information regarding the products, programs, and services that may be available to you.

Business relationships

This Website may provide links or references to non-The TradeLens Collaboration Websites and resources. The TradeLens Collaboration makes no representations, warranties, or other commitments or endorsements whatsoever about any non-The TradeLens Collaboration Websites or third-party resources (including any Lenovo Website) that may be referenced, accessible from, or linked to any TradeLens Collaboration site. In addition, The TradeLens Collaboration is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a TradeLens Collaboration site. When you access a non-TradeLens Website, even one that may contain the TradeLens-logo, please understand that it is independent from The TradeLens Collaboration, and that The TradeLens Collaboration does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

Linking to this site

The TradeLens Collaboration consents only to links to this Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with The TradeLens Collaboration; (c) imply that The TradeLens Collaboration approves or endorses you, your Website, or your service or product offerings; and (d) present false or misleading impressions about The TradeLens Collaboration, the TradeLens solution or otherwise damage the goodwill associated with the TradeLens name or trademarks. As a further condition to being permitted to link to this site, you agree that The TradeLens Collaboration may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of TradeLens trademarks.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE TRADELENS COLLABORATION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE TRADELENS COLLABORATION MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TRADELENS COLLABORATION BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE TRADELENS COLLABORATION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

These Terms of Use are governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use resides in the courts located in the State of New York, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms of Use is not enforceable, that will not affect any other provision.

Digital Millennium Copyright Act Notices

It is the policy of The TradeLens Collaboration to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for The TradeLens Collaboration or where (ii) The TradeLens Collaboration, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material.

If you are alleging that copyrighted material may have been or is being infringed, then you may notify The TradeLens Collaboration, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The TradeLens Collaboration to locate the material;
4. Information reasonably sufficient to permit The TradeLens Collaboration to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notices

If material that you have posted to a system or network controlled or operated by or for The TradeLens Collaboration has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which IBM may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

DESIGNATED AGENT FOR ALL TRADELENS COLLABORATION NOTICES, INCLUDING COUNTER NOTICES

All written notices should be sent to our DMCA Agent at the following address:

Address:

185 Hudson Street, Suite 2910

Jersey City, New Jersey 07311

Email address: legal@tradelens.com