Terms & Conditions

Last updated: July 28, 2018

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Gross Transportation Consulting (“Company”, “we” or “us”), and govern your access to and use of transportfutures.net, including any content, functionality and services offered on or through transportfutures.net (the “Website”).

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are 13 years of age or older. If you are not, you must not access or use the Website.

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website
We reserve the right to withdraw or amend any or all of this Website at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

Intellectual Property Rights
The Website and its entire contents, features and functionality are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not modify copies of any materials from this site, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in a manner that violates applicable law, to harm others, or to impersonate the Company or its agents. Additionally, you agree not to inhibit anyone’s use or enjoyment of the Website.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy (see below). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Links to the Website
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Geographic Restrictions
We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or your use of any information obtained from the Website.

Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts with geographical jurisdiction encompassing Durango, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Comments and Concerns
This website is operated by:
Gross Transportation Consulting
769 Hermosa Meadows Road
Durango, CO 81301

All other feedback, comments, requests for technical support and other communications relating to the Website please contact us.

These Terms of Service cover use of all Gross Transportation Consulting products and services. Customers who use any Gross Transportation Consulting services or products are bound by these Terms of Service, unless explicitly modified through written agreement. These terms are designed to protect both the interests of Gross Transportation Consulting and its customers.

Data Accuracy
Gross Transportation Consulting strives to protect the accuracy of all data it supplies. Although the availability of timely, detailed data is increasing rapidly, this market, by its nature, is plagued by incomplete and strongly biased data. Gross Transportation Consulting has an enviable reputation for managing these problems and drawing meaningful conclusions where others cannot. While Gross Transportation Consulting is confident in the usefulness of these processes, no analytical supplier, including Gross Transportation Consulting, can guarantee the comprehensive accuracy of its data. As a result, all Gross Transportation Consulting’ customers must bear the risks associated with data supplied by Gross Transportation Consulting, as they must in using any data in this difficult-to-quantify marketplace.

Forecast Accuracy
Customers must recognize that some aspects of any market future are unknown and others subject to considerable risk. Again, as a result, all Gross Transportation Consulting’ customers must bear the risks associated with forecasts and recommendations supplied by Gross Transportation Consulting, as they must in using any forecasts. That said, Gross Transportation Consulting is the rare forecast suppliers who openly reveals the risks in its forecasts and strives to help its customers manage such risks.

Confidentiality
Gross Transportation Consulting will keep confidential any proprietary data acquired from its customers, except as permitted by written agreements. It will also protect the confidentiality of any company-specific recommendations it provides although it reserves the right to give similar advice to other customers.

Intellectual Property
All branded Gross Transportation Consulting products are protected by Copyright. Branded services or products purchased from Gross Transportation Consulting may be used and reproduced for any internal use by its customers. Customers may not redistribute Gross Transportation Consulting materials outside their own companies without written permission from Gross Transportation Consulting. Data, tools and general market conclusions developed as part of commissioned services will be the joint property of Gross Transportation Consulting and the customer and may be used for any purpose by either party without limitation, unless specified by written agreement. Data acquired by Gross Transportation Consulting from customers and partners, or by customers or partners from Gross Transportation Consulting, may be used indefinitely by either party for internal analysis, subject to the confidentiality restrictions detailed above.

Competition
Gross Transportation Consulting reserves the right to serve any customer or compete with any analytical supplier unless specifically prohibited by written agreement.

Payment for Services and Products
All published material and subscriptions will be paid for at the time of purchase by credit card on this website. Subscriptions will automatically renew and the credit card charged, unless cancelled by the customer on this website. Gross Transportation Consulting will provide refunds automatically to all customers in the case of its inability to provide service or its decision to discontinue service. Such refunds will contain no penalties. Payments for commissioned services will be specified at the time of commissioning, as part of a memorandum of understanding. In general, charges will be a flat fee payable at the time of project completion. Additional service beyond that specified in the initial memorandum of understanding will be charged on an as-needed basis. For large projects, partial payments may be specified in the memorandum of understanding. Accounts with payments more than two months overdue, will be charged a 5% service fee. All travel and external data required as part of commissioned services will be charged to the customer. Expenses due to travel delays caused by factors outside of Gross Transportation Consulting’ control will be charged to the customer. Gross Transportation Consulting accepts payment only in United States currency.

Personal Data
Gross Transportation Consulting will keep confidential all personal information acquired in the course of our relationships with customers. Gross Transportation Consulting stores such information in protected locations but cannot guarantee protection from determined hacking.

Exceptions
Exceptions to these policies may be negotiated but must be documented in the applicable memorandum of understanding.