SET OUT BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE SERVICES PROVIDED BY BRYANSYSTEMS.COM.

PLEASE READ THIS INFORMATION CAREFULLY. IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST ACKNOWLEDGE YOUR AGREEMENT BY CLICKING "I ACCEPT" ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT.

ONCE ACKNOWLEDGED, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN BRYAN SYSTEMS, AND YOU AND SUCH ENTITY GOVERNING ALL USE OF BRYANSYSTEMS.COM.

WHEN USED IN THIS AGREEMENT , THE NAME "BRYAN" SHALL MEAN AND INCLUDE ALL ONLINE TOOLS, INFORMATION AND INTERFACES THAT COMPRISE ONLINE BRYANSYSTEMS.COM.

PLEASE PRINT A COPY OF THIS AGREEMENT TO RETAIN WITH YOUR FILES.

Section 1. Grant.
Subject to the terms and conditions of this agreement, Bryan grants Customer a non-exclusive, royalty-free, non-assignable right to use BryanSystems.com solely to label, rate, route, record, track, prepare and invoice shipments tendered to Bryan by Customer for carriage and for no other purpose. Customer is responsible for maintaining the confidentiality of Customer's account number and its use within Customer's organization.

Section 2. Intellectual Property Rights.
Bryan holds and retains all worldwide rights, title and interests, including without limitation, copyright in and to BryanSystms.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble BryanSystems.com.

Section 3. Use.
Customer agrees to follow online instructions regarding the use of BryanSystems.com. Bryan may modify BryanSystems.com at any time for any reason. Use of BryanSystems.com to prepare shipments by or for the benefit of third-party shippers is expressly prohibited. Customer is responsible for all charges incurred under Customer's account numbers.

Section 4. Termination.
Customer use or Bryan provision of BryanSystems.com may be terminated at any time for any reason.

Section 5. Disclaimer of Warranty.
Customer expressly acknowledges and agrees that BryanSystems.com is made available for Customer's use free of charge and that Customer’s use of BryanSystems.com is at Customer’s sole risk.

Bryan expressly disclaims and excludes all warranties regarding BryanSystems.com and the functioning of the Internet, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

Bryan does not warrant that BryanSystems.com will meet all the Customer’s requirements or that its operations will be uninterrupted or error-free, or that any defect in BryanSystems.com will be corrected.

Furthermore, Bryan does not warrant nor make any representation regarding the results of Customer’s use of BryanSystems.com in terms of capability, correctness, accuracy, reliability or otherwise. No oral or written information, representation or advice given by BryanSystems.com or an authorized representation of BryanSystems.com will create a warranty.

Section 6. Limitation of Liability.
Customer acknowledges that Bryan is providing the use of BryanSystems.com free of charge. Under no circumstances, including, but not limited to negligence, shall Bryan be liable for any direct, indirect, incidental, special, consequential or other damages in tort, contract, product liability or under any other theory of law resulting from use of BryanSystems.com or the Internet, or the use, or inability to use, BryanSystems.com or the Internet, including, without limitation, damages resulting from loss of use, profits, data or business and damage to Customer’s internal computer systems even if Bryan, or an authorized representative of Bryan, has been advised of the possibility of such damages.

Section 7. Terms and Conditions of Carriage.
  1. Customer agrees that domestic and international carriage by Bryan of any shipments tendered to Bryan using BryanSystems.com shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Bill of Lading, Label, Manifest, or Pickup Record (collectively "Shipping Documentation") and, as appropriate, any transportation agreement between Customer and Bryan, covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available on request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will apply, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the Bryan subsidiary, branch, or independent contractor that originally accepts the shipment.


  2. In the event Customer uses BryanSystems.com to process shipments tendered to Bryan for delivery to locations outside the United States or country of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by Bryan from time to time (and which may be amended or modified from time to time at sole discretion of Bryan) are placed on the Shipping Documentation as may be instructed by Bryan for all such international shipments. Customer will defend, indemnify and hold harmless Bryan, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow Bryan's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.


  3. Printed Signature. Customer acknowledges that if BryanSystems.com is used to process shipments to locations outside the United States or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to Bryan using BryanSystems.com. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of Bryan’s terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation under which the shipment is accepted by Bryan or its independent contractor.


  4. Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure, and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation, the first carrier of all shipments is Bryan.


Section 8. BryanSystems.com Online Interactive Tools.
Bryan provides Customer the opportunity, via BryanSystems.com, to use BryanSystems.com online interactive tools to send a message to the recipient informing the recipient of Customer's shipment. This feature is provided free. Bryan may modify or terminate the use of these tools at any time.

Bryan does not commit to keeping Customer's message private or confidential. By using BryanSystems.com online interactive tools, Customer acknowledges that Bryan is providing the technical functionality only and that Customer is solely responsible for the content of Customer's messages. Bryan undertakes no duty to monitor any messages sent by Customer. However, Bryan, in its sole discretion, may elect, but is not obligated, to look at Customer's messages to protect itself.

Do not use BryanSystems.com online interactive tools for anything other than to communicate information about Customer's shipment. Customer may not use BryanSystems.com online interactive tools to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If Bryan sees or hears about messages sent via any BryanSystems.com online interactive tool that violate these provisions, or that may damage Bryan, it may take all actions necessary to protect itself, including disclosing any messages to the authorities. It is not necessary to use messaging functionality to ship a package via BryanSystems.com. Bryan will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to Customers.

Section 9. Alternate Locations, Consignee and Product Databases.
Subject to the terms listed below, personal database information, such as alternate locations and consignee or product databases, will remain as long as Customer uses BryanSystems.com. If Customer does not use BryanSystems.com for 6 months, Bryan may delete Customer addresses and deactivate, but not delete, Customer's BryanSystems.com account.

If Customer has any concerns, please email Bryan at it@bryansystems.com. BryanSystems.com database storage is a feature Bryan provides free. Bryan will not be responsible for the loss of addresses or other information contained in BryanSystems.com databases. Bryan may modify or terminate this feature at any time for any reason.

Section 10. Courtesy Rate Quote.
The courtesy rate reflected on BryanSystems.com, if shown, may be different from the actual charges for Customer's shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable Bryan Rules and Conditions or Bryan Rate Sheets for details on how shipping charges are calculated.

Section 11. Registration and Security Terms and Conditions.
By registering for a BryanSystems.com User ID, Customer agrees to provide accurate, complete and updated registration information. Failure to do so may result in shipment problems, for which Bryan shall have no liability or responsibility. Customer may not select or use a screen name of another person or one that BryanSystems.com deems offensive. Customer is solely responsible for all charges incurred under Customer's User ID, BryanSystems.com account number and credit card number. Customer may not authorize any third party to process shipments through BryanSystems.com, using Customer's User ID. Customer should notify Bryan of any known or suspected unauthorized use of Customer's BryanSystems.com account number, or credit card number, and any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Customer's BryanSystems.com account number or credit card information.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Customer's BryanSystems.com account and BryanSystems.com User ID, at the sole discretion of Bryan.

Use of BryanSystems.com is subject to all the terms and conditions located throughout this site.

If Customer elects this option, a cookie will remain on Customer's hard drive until the year 2020, or until Customer deletes it. Because Customer's sign-on information could be viewed by anyone having access to Customer's computer, Customer should not choose quick login unless Customer's computer is in a secure area because Customer is responsible for all activity occurring under Customer's User ID. By selecting the quick login option, Customer assumes all risk of and is responsible for all activity occurring under Customer's BryanSystems.com User ID.

Section 12. Controlling Law and Severability.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Ohio without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall remain in full force and effect. Any cause of action with respect to BryanSystems.com or Bryan must be instituted within one year after the claim or cause of action has arisen or be barred in a court of competent jurisdiction in Williams County, Ohio.

Section 13. Complete Agreement.
This Agreement constitutes the entire agreement between Customer and Bryan with respect to BryanSystems.com, and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral, regarding BryanSystems.com. No amendment to or modification of this Agreement will be binding on Bryan without Bryan's written consent. The provisions of Sections 2, 5, 6, 7, 12, and 13 will survive the termination of this Agreement. Bryan may modify this Agreement at any time for any reason.



Bryan Systems, BryanSystems.com PROGRAM AGREEMENT

PLEASE PRINT A COPY OF THIS AGREEMENT TO RETAIN IT WITH YOUR FILES

Section 1. Agreement.
I acknowledge that clicking the "I Accept" button constitutes my signature and my acceptance of and Agreement to the terms and conditions of the Bryan BryanSystems.com Program as set out in this Agreement on my behalf and that of the company with which I am employed or represent if any.

I further acknowledge that clicking the "I Accept" button does not automatically render me eligible for the BryanSystems.com program, and that my eligibility to participate in it will be determined solely by Bryan based on my compliance with the eligibility requirements provided in this agreement and my response to the eligibility questions posed by Bryan on bryanSystems.com or otherwise.

I acknowledge that to determine my eligibility to participate, I must apply at BryanSystems.com and will receive notice from Bryan regarding whether I am eligible to participate. I acknowledge that once deemed eligible for the BryanSystems.com program, this Agreement with BryanSystems.com governs my participation, and that I will be allowed to participate in the BryanSystems.com program only as provided in this Agreement.

Section 2. Program.
I acknowledge that I must apply on BryanSystems.com to be considered for eligibility to participate in any current or future BryanSystems.com programs.

Section 3. Restrictions.
I acknowledge that I must provide a valid email address during the application process. During registration in the BryanSystems.com program, I have reviewed the communication options that use an email address to communicate with me. Not choosing to opt out of the communication options during registration constitutes my permission for BryanSystems.com to use my email address to communicate with me. I understand that I may always change these options by updating my personal BryanSystems.com program profile or by contacting the Bryan IT department.

Section 4. Term of Program.
Bryan reserves the right to (a) modify the application for the program; (b) alter or modify the program or this Agreement; and, (c) suspend or terminate the program or this agreement, each at any time for any reason through a notice posted by Bryan on BryanSystems.com or as otherwise provided by Bryan.

In the event a participant is later determined not to be eligible for the program after being notified that participant was eligible, participant's participation in the program will be terminated.

Decisions regarding eligibility to participate in the program are solely within the discretion of Bryan.

Section 5. Shipments.
The terms and conditions of carriage in the applicable Bryan Rules and Conditions in effect on the day of any shipment made by participant under the program shall apply to any such shipments. If there is a conflict between the Bryan Rules and Conditions and the BryanSystems.com program, the Bryan Rules and Conditions will apply.

Section 6. Controlling Law and Severability.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Ohio without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this agreement shall remain in full force and effect. Any cause of action brought by a participant arising under this agreement must be instituted within one year after the claim or cause of action has arisen in a court of competent jurisdiction in Williams County, Ohio, or be barred.

Section 7. Complete Agreement.
This Agreement constitutes the entire agreement with respect to the program and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral. No amendment to, modification of, or waiver of any provision of this Agreement will be binding on Bryan without written consent of Bryan.

Revised February 1, 2008