LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT WILL TRITON OR MDI BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS ARISING OUT OF THE USE OF OR INABILITY TO USE MDI’S TARIFF QUOTE SYSTEM, EVEN IF TRITON, MDI OR THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRITON’S AND MDI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRITON FOR ACCESS TO THE MDI TARIFF QUOTE SYSTEM.

TRITON DISCLAIMS ALL LIABILITY REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR          USERS (INCLUDING UNAUTHORIZED USERS OR “HACKERS”) OF THE MDI TARIFF QUOTE SYSTEM.

WARNING - PLEASE READ THIS: It is possible that other Customers or users (including unauthorized users or Hackers) may post or transmit offensive obscene material on the MDI Tariff Quote System and that you may be involuntarily exposed to such offensive and obscene material. It’s also possible for others to obtain personal information about you due to your use of the MDI Tariff Quote System, and use such information to harass or injure you. TRITON and MDI are not responsible for the use of any personal information that you may choose to disclose on the MDI Tariff Quote System. Please carefully select the type of information that you post on the MDI Tariff Quote System or release to others and use at your own risk.

INFORMATION SUPPLIED BY YOU. TRITON will keep confidential all information supplied by you, posted by you or provided in the MDI Tariff Quote System, as well as credit card number(s) and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

PROPRIETARY RIGHTS. The MDI Tariff Quote System contains notice of its copyrighted material, trademarks and other proprietary information that may contain provisions for use that must be complied with by you.

COMPLAINTS. Please contact TRITON Customer Support at info@tritonovs.com or (281) 227-0318 if you have any questions about the MDI Tariff Quote System. Of course, Triton does not undertake to resolve any complaints or issues with MDI that you may have but, as a courtesy to you, Triton will attempt to answer questions and trouble shoot for you to assist your usage of the MDI Tariff Quote System.

DISCLAIMER OF WARRANTY. TRITON PROVIDES THE MDI TARIFF QUOTE SYSTEM AS A CUSTOMER COURTESY, ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH TRITON OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE MDI TARIFF QUOTE SYSTEM. TRITON FULLY AND FINALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRITON does not warrant that your use of the MDI Tariff Quote System will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the MDI Tariff Quote System will be corrected. TRITON DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE MDI TARIFF QUOTE SYSTEM.

TRITON reserves the right, but has no obligation, to reject any transportation service order that does not comply with these prohibitions. You are solely responsible for your interactions with the MDI Tariff Quote System.

INDEMNITY. By accessing the MDI Tariff Quote System through Triton’s website, you hereby agree that you will defend, indemnify and hold harmless TRITON and MDI, including their officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the MDI Tariff Quote System, including any breach by you of the terms of this Agreement.

ONLINE CONTENT. Opinions, advice, statements, offers or other information or content made available through the MDI Tariff Quote System are those of their respective authors and not of TRITON, and should not necessarily be relied upon. Such authors are solely responsible for such content. TRITON DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE MDI TARIFF QUOTE SYSTEM AND NEITHER ADOPTS NOR ENDORSES, NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, TARIFF QUOTE OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL TRITON OR MDI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE MDI TARIFF QUOTE SYSTEM.

TRITON RESERVES THE RIGHTS, BUT HAS NO OBLIGATION TO MONITOR THE MATERIALS POSTED ON THE MDI TARIFF QUOTE SYSTEM. TRITON SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.

STATE BY STATE VARIATIONS. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

GOVERNING LAW. You acknowledge that this Agreement has been made in Texas and agree that it shall be construed pursuant to the laws of the State of Texas and that venue is proper in a court of competent jurisdiction in Harris County, Texas.

MISCELLANEOUS. You understand and agree that Triton is an independent company and shall not be considered to be the agent of MDI for any purpose whatsoever. Triton is not granted any right or authority to assume or create any obligation or liability, express or implied, in MDI’s behalf or to bind MDI in any matter or thing whatsoever.