THIS TERMS OF USE AGREEMENT CONTAINS PLAIN TALK, SUMMARIES FOR CLARITY, NOT FOR LEGAL ADVICE NOR FOR HUMOR PERSE’. HOWEVER, IT DOES ENCOURAGE THE ACTUAL READING OF THE TERMS OF USE FOR APPLE CORE TRANS, TO AVOID MISUNDERSTANDINGS. ENJOY.
Welcome to the Apple Core Trans website, an online service designed and offered by Apple Core Transportation Solutions LLC. and its affiliates, i.e. ACTS, Apple Core Trans, especially for Ship Agents and Corporate Travel Coordinators. These Terms of Use are intended to explain our obligations as a service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
PLAIN TALK: Please read this stuff or you won’t know the rules under which we will engage with you.
If you use this website, you are agreeing to be bound by these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth in these Terms of Use, or if you breach any of the Terms of Use contained herein, your permission to use applecoretrans or access any of applecoretrans services (defined below) immediately lapses and you must destroy any materials downloaded or printed from the applecoretrans website.
Apple Core Transportation offers a number of Additional Services each with their own Terms of Service (“Specific Additional Service Terms”) i.e. App, applicable in addition to these Terms of Use. When you use an Additional Service, you will be subject to the Specific Additional Service Terms. Note that if these Terms of Use are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control.
Apple Core Transportation Solutions reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. Your use of Applecoretrans is subject to the most current Terms of Use posted on the Site at such time of use. The most current version can be reviewed by clicking “Terms of Use” hyperlink at the bottom of our Site pages.
PLAIN TALK: This is important. By using anything from Apple Core Trans, you’re agreeing to be bound by everything in lawyer-approved sections. If you won’t or can’t agree to these terms, we can’t let you use Apple Core Trans. The terms may change in the future. If the change is more than nominal, we’ll let you know and give you a chance to change your mind.
A. Definitions.
The following terms shall have the following meaning throughout the Terms of Use.
a. “Agreement” or “this agreement” refers to these Terms of Use.
b. “Applicable law” refers to the laws currently in force in the United States in the State of Georgia, which shall govern this agreement.
c. “Site” means this website, all related webpages, and all related websites operated by affiliates or divisions of Apple Core Trans, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites
are used in connection with the Services.
d. “Service” and “Services” refer to the online transportation related services and other transport business–related services and Support offered through Apple Core Trans from time to time.
e. “Subscriber” refers to any person who maintains an account with us and utilizes our Services.
f. “Support” means technical support and assistance provided to users by Apple Core trans.
g. “Apple Core Transportation Solutions LLC”, “we”, “us” and “our” shall refer to Apple Core Transportation Solutions LLC. and all its affiliates, subsidiaries and DBA’S i.e. ACTS.
h. “ACTS” means the Site and all mobile applications and other applications which provide access to the Services offered by Apple Core Transportation Solutions LLC and its affiliates from time to time.
i. “Apple Core Transportations Solutions LLC Parties” includes Apple Core Trans, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees
j. “You” and “user” shall refer to any person who visits the Site or uses ACTS and includes
a subscriber and its employees and agents.
PLAIN TALK: Now we’re defining stuff. Most of this doesn’t need a translation. We’re talking about Apple Core Trans here, not about third parties.
B. General.
Apple Core Trans grants you a non-exclusive, non-transferable limited license to use ACTS and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements. We are herein disclosing that www.applecoretrans.com does contain proprietary property of Apple Core Transportation Solutions LLC, and you are obligated not to disclose such property to any entity, if said property is inadvertently disclosed in the sites digital malfunctions.
PLAIN TALK: We’d love for you to use Apple Core Trans, but you’re just Visiting and Using it. We still own it. Don’t disclose what you walked in on Mom and Dad doing.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
PLAIN TALK: You can print this if you want to keep it, right?
Electronic Delivery By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:
a. agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;
b. annual disclosures;
c. transaction receipts or confirmations;
d. communication in relation to delinquent accounts (which may also be by phone, and may be made by ACTS or by anyone on its behalf, including a third party collection agent);
e. Account statements and history; and
f. federal and state tax statements.
PLAIN TALK: We’re going to communicate electronically with you. Take a look in the other section for some examples of what might be included.
We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.
PLAIN TALK: I hope this doesn’t come as too much of a shock, but when we say communicate electronically, we mean email.
By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
PLAIN TALK: It’s your responsibility to ensure you can communicate by email.
How to Withdraw Your Consent You may withdraw your consent to receive ommunications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications lectronically, ACTS may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies.
PLAIN TALK: If you decide that we can no longer communicate by email, let us know and we’ll stop. If that happens, we might not be able to work together anymore.
CHANGES ACTS may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. ACTS may also limit the geographic locations or jurisdictions where certain Services may be available.
PLAIN TALK: Sometimes things change, including ACTS. Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of ACTS or the Services whatsoever is to discontinue using ACTS and the Services.
PLAIN TALK: If the service we provide is less than awesome, your recourse is to stop using ACTS.
You bare the responsibility of any information you upload, input, or post; and the storage or use of any information, data, documents or materials in the Service by us does not constitute our endorsement, nor warranty as to the resulting service accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
PLAIN TALK: This site contains new experimental software that Crunches data from a Travelers Cell Phone sitting on a Jet flying 550 miles per hour over one Ocean, while tracking that Jets signal matching it to a Ships location sailing on another Ocean, to determine when they will all meet; so you can get an email about that meeting time, while home having dinner and relaxing. Please forgive us if it doesn’t work sometime.
Especially if you entered the wrong cell phone number, ship name or flight number.
Other Information You Provide Us While using the Services, we may also collect information from you about your employees. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in this policy.
ACTS may ask you to update their information, and you agree to do so.
PLAIN TALK: You might give us some information about employees or customers while using ACTS. We’ll treat that information the same way we treat yours, as outlined in this policy. You’re stating you’ve got the necessary consent to do so.
C. Conditions of Usage.
You agree to use ACTS and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
PLAIN TALK: ACTS is what it is. Don’t use it for something it’s not.
If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of ACTS. Your registration for any of ACTS constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied.
You also will select a username and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of ACTS confidential and up to date. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us we may be required to provide access to the ACTS account. You agree to hold harmless and release the ACTS Parties from any liability if we do so.
PLAIN TALK: When you register, don’t lie about who you are.
By registering, you’re also agreeing to our Privacy Policy. Keep track of your login details, and keep them safe. If you’re creating an account on behalf of a business which you do not
own, you must a) have permission, and b) share the login credentials with the Supervisor.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the ACTS Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the ACTS Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account.
PLAIN TALK: You’re responsible for what happens in your account.
We are responsible for the security of Cardholder Data that is collected by us, transmitted, stored, or processed by Us on Your behalf. However, when we use third party vendors for financial transactions we are not liable for their handling of Cardholder data.“Cardholder Data” is defined as being the cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. ACTS has developed strict security features to protect Cardholder Data, and as such it is required that this data only be used in anticipated ways and stored in propriate places.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN ACTS, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where ACTS explicitly requests such data be entered into such fields or external sites to pay an invoice).
Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store cardholder data in fields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, you must never enter CVV2 data into any fields in ACTS. You assume all responsibility for any cardholder data entered into ACTS in violation of this Agreement.
PLAIN TALK: There are a bunch of rules for handling credit card information known as the Payment Card Industry Data Security Standard (PCI-DSS). To help us follow these rules and
to protect your company’s data, we need you to use the apps as they were intended.
You agree not to enter your cardholder data in any form where such data isn’t explicitly requested by ACTS or it’s affiliates. We are not responsible for people doing unexpected things with their data.
D. Online Access to Financial Institutions, ACTS may use.
Certain online services (including online payments, online invoicing, digitization, storage of receipts, are used by ACTS for online services related to the use of the Site. You agree to hold harmless and release the ACTS Parties from any liability relating to your misuse of such online services, including ACTS services. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third party provider. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials, which we may require to access any third party services or accounts in connection with the Services.
E. Software Notice.
In the event that a user or employee of users company is required to download or use software in connection with the Services, he or she shall be unable to hold ACTS responsible for 3rd party software.
F. Copyrights, Trademarks and Intellectual Property.
ACTS and its affiliates own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using ACTS and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within ACTS constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using ACTS by a user or otherwise provided for accessing ACTS on the user’s behalf shall at all material times remain the property of the user.
PLAIN TALK: You own all your data. We own everything we’ve created. You give us permission to do things like crunch data for you.
Materials on and relating to ACTS, including the content of ACTS and any software or data downloaded from ACTS, are protected by copyright, trade-mark and other intellectual property laws.
Subject to your ownership of your user content and data, ACTS reserves all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of ACTS or any content therefrom without Wave ACTS express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to ACTS.
PLAIN TALK: Another way of saying that you own all your data, and ACTS owns everything we’ve created. You agree not to try to duplicate, copy or steal anything we’ve created.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:
a. No screenshot may be used from any beta version of ACTS unless it has been commercially released to the public;
b. the use is for illustrative purposes;
c. the use may not imply any endorsement or affiliation by or with ACTS;
d. the screenshot does not contain any commentary which may appear to have been attributable to us;
e. the screenshot does not contain any third party content; and
f. the use does not infringe on any of these terms of use.
ACTS has rights to several trade-marks which it uses in connection with the operation of Apple core trans. ACTS does not grant the users any right or license to use the ACTS trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
PLAIN TALK: You can take screenshots as long as:
a. you’re just trying to illustrate something;
b. the screenshot doesn’t suggest a relationship that doesn’t exist;
c. the screenshot doesn’t suggest we said or meant something that we didn’t say or mean;
d. the screenshot doesn’t contain something that ACTS can’t give permission for; and
e. it doesn’t break any other rules.
PLAIN TALK: Permission to use ACTS is not equal to permission to use our trademarks.
G. Prohibited Use.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
PLAIN TALK: You’re not allowed to use ACTS to do or help anything illegal or bad.
H. Termination of Service.
ACTS may terminate this agreement and your use of ACTS at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Subscribers may use ACTS on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related agreement. You may also terminate this agreement by following electing to close the account in the Help section of the site.
PLAIN TALK: If you break the rules, we can close your ACTS account(s). You can also unsubscribe easily anytime you want.
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. ACTS Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.
If we’re required by law to divulge your info, or in any cases outlined above, we’ll do our best to let you know ASAP and allow you to have your say about it. Privacy Policy Link
I. Force Majeure.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused.
J. Severance.
All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
PLAIN TALK: One bad apple doesn’t spoil the whole bunch. If you find an error in these terms, the rest of the terms are still in effect.
K. Governing Law and Dispute Resolution.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know upfront where it can be resolved and what laws will apply. For any claim, cause of action , or dispute you have against us that
arises out of or related to these terms or the Apple Core Trans products or services (“claim”), you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of Georgia, or a State Court Located in Chatham County Georgia. You also agree to submit to the personal Jurisdiction of either of those courts for the purpose of litigating any such claim, and that the Laws of the State of Georgia will govern these terms and any claim, without regard to conflict of law provisions.
AS a precursor to such above stated actions, You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
PLAIN TALK: If we get in a dispute, we’ll resolve it without juries or class action suits, and you will have to come to our home town.
Our drivers are rigorously screened and trained in providing courteous shuttles, TWIC services, professional CBP office services (I95, 408), Boarding Pass services and Courier services, for our clients.
