Web Site Agreement
JANUARY 16, 2016

This routing application web site (the "Site") is an online information service provided by C2Logix under contract with the Center of Disease Control (CDC), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. CDC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

  1. Copyright, Licenses and Idea Submissions.

    The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are CDC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to CDC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to CDC by all means and in any media now known or hereafter developed. You also grant to CDC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CDC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CDC. Trademarks, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of CDC. Other product and company names mentioned in the Site may be the trademarks of their respective owners
  2. Use of the Site.

    You understand that, except for information, products or services clearly identified as being supplied by CDC, CDC does not operate, control or endorse any information, products or services on the Internet in any way. Except for CDC-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, which are not affiliated with CDC. You also understand that CDC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CDC PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND CDC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CDC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. CDC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL CDC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF CDC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CDC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CDC makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-CDC web site, please understand that it is independent from CDC, and that CDC has no control over the content on that web site. In addition, a link to a CDC web site does not mean that CDC endorses or accepts any responsibility for the content, or the use, of such web site.
  3. Use of the Site is limited to the following licensing terms:

    1. The maximum number of simultaneous vehicles optimized is 200.

    2. The data will be used to determine fleet resource and depot location requirements, for the calculation of fixed routes based on the total number of vehicles constituting a certain fleet and the standard destination points (depots) of a certain fleet, and other strategic policies. The data cannot be used for the calculation of route schedules for daily/weekly operational planning. It can be used for routing/re-routing in an emergency.

    3. Each distribution location would be limited to developing their plans up to three (3) times per year.

    4. Software is used to estimate number of trucks required and their fixed routes.

    5. Software is not used for operational planning on a day to day basis.

    6. Software provides local route for each truck, for fixed routes, not dynamically updated routes.

    7. Analysis is not based on specific real trucks. This is not for the CDC’s fleet and is to be used for planning purposes and not for daily routing.

    8. Point of Dispensing (POD) locations are limited to those used by the Strategic National Stockpile for emergency response planning (typically hospitals & schools).

    9. No commercial resale/use of the results.

  4. Indemnification.

    You agree to indemnify, defend and hold harmless CDC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
  5. Third Party Rights.

    The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of CDC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  6. Term; Termination.

    This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
  7. Applicable Law; Consent to Jurisdiction

    This routing application is controlled by CDC within the Commonwealth of Virginia, United States of America. This routing application can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Virginia, by accessing this routing application, you and CDC agree that the statutes and laws of the Commonwealth of Virginia, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of this routing application. You agree that exclusive jurisdiction for any dispute with this routing application resides in the courts of the Commonwealth of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia in connection with any dispute including any claim involving CDC or their affiliates, subsidiaries, employees, contractors, officers, directors, and telecommunication providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
  8. Miscellaneous.

    This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between CDC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CDC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CDC may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved
Adopted May 26, 2009
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