Madix, Inc. Terms and Conditions for Use of Website

Welcome to the website of Madix, Inc. ("Madix") at http://www.madixinc.com (the "website"). Your use of the website is governed by and is subject to these Terms and Conditions, so please take the time to review them fully. When you access, view or use the website or information and materials available through the website, you agree, personally and on behalf of any company, entity or organization on whose behalf you actually or allegedly act, that you have read and understood the Terms and Conditions, that you agree to them and intend to be legally bound by them. If you do not agree to the Terms and Conditions, you are not authorized to enter the website and must exit it immediately.

Madix may change the Terms and Conditions at any time. If you use the website after the Terms and Conditions have been changed, you agree to be bound by the changed Terms and Conditions.

Please review our Privacy Notice, which also governs your use of the website.

All works of authorship, information, content, and functional components appearing on the website are protected by law, including U.S. copyright law. Unless otherwise specifically stated herein, all names, trademarks, service marks, symbols, slogans and logos used on the website are the property of Madix and may not be used by you without written permission from Madix.

We collect certain aggregate and non-personal information when you visit this website. Aggregate and non-personal information does not relate to a single identifiable visitor. It tells us such things as how many users visited our site and the pages they accessed. By collecting this information, we learn how to best tailor our website to our visitors.

Madix hereby grants you a limited, non-exclusive, non-transferrable license to access the website and to view and copy information on the website relating to your commercial dealings with Madix, including account information. You do not have permission to access, view or copy any information or data relating to Madix's dealings with third parties, and you expressly agree not to access or attempt to access such information.

This limited license does not allow you to re-sell any content from the website, to collect or use information from the website that is not related to you, or any entity for whom you are acting. Nor may you decompile, reverse engineer, disassemble, rent, lease, loan, sell, or create derivative works from the website and any portion of the website. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit the website or any part of the website for any purpose other than to obtain information about your dealings with Madix.

This site is controlled and operated by Madix from its offices within the United States of America. Madix makes no representation that materials in the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is subject to U.S. export controls. No software from this website may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Madix makes no representation whatsoever regarding the content of any other websites which you may access from this website. When you access a non-Madix website, please understand that it is independent from Madix and that Madix has no control over the content on that website. A link to a non-Madix website does not mean that Madix endorses or accepts any responsibility for the content or use of such website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY MADIX ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MADIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MADIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MADIX DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MADIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MADIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting the website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Madix.

Terms and Conditions Specific to Madix Website Use by Freight Forwarders

The following additional Terms and Conditions apply to freight forwarders (the "Forwarders") who utilize Madix's web-based tools to track orders made by customers of Madix ("Customers") which whom the Forwarders have agreements to track Customer shipments via this website.

Information

Definition. "Information" is defined as any information provided to you via the website or any links or emails arising therefrom. We act as a conduit for the online distribution and publication of the Information.

Restricted Activities. Concurrent with your access of the website, you shall not engage in any activity which may: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other supplier. Forwarders using this website are additionally hereby prohibited from (a) accessing or viewing any Customer information with whom they do not have express consent to and responsibility for shipments to be viewed by the Forwarder; (b) the use of any of the information on the website for purposes of soliciting Customers; and (c) viewing or otherwise using the information contained on the website to view shipments with which they have no commercial obligation as a Forwarder.

Confidential Information. You agree to not disclose any passwords issued by us or generated by you for access to the website to any person other than those authorized by you to access the website. In addition, you agree to maintain in strict confidence any information on the website (the "Confidential Information") and covenant not to breach the confidentiality of all Confidential Information. Confidential Information includes personally-identifying or sensitive information regarding Madix's employees, customers (actual or prospective), vendors, contractors or other third parties and their shipping or freight information, including, without limitation, Customer order amounts, costs, and shipment details. Customer acknowledges that the Confidential Information contains valuable and confidential information that is proprietary to Madix. Furthermore, any technical, financial, experience or data concerning Madix's business, including, without limitation, its services, plans, programs, plants, processes, products, costs, pricing, equipment, operations, trade secrets, formulae, operations or customers, which may come within knowledge of Customer, its officers or employees in the performance of these Terms and Conditions shall be treated as confidential property of Madix and not disclosed to others, including governmental agencies, other authorities, or any third party during or subsequent to the term of these Terms and Conditions without in each instance securing the prior written consent of Madix.

Breach. Without limiting other remedies, we may immediately revoke your user access, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if: (a) you breach these Term and Conditions or the documents it incorporates by reference; (b) you breach any of the terms regarding the use of Confidential Information; or (c) we believe that your actions may cause financial loss or legal liability for you, our other users or us.

Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporates by reference, your violation of the terms of use of Confidential Information, or your violation of any law or the rights of a third party.

Legal Compliance. All parties to these Terms and Conditions shall comply with applicable domestic and international laws, statutes, ordinances and regulations regarding your use and our provision of the services described herein.

Last Updated: 04/05/2018