Web Site Terms of Use and Privacy Policy Statements

Terms of Use

TOTEM OCEAN TRAILER EXPRESS, INC. ("TOTE") WEB SITE TERMS AND CONDITIONS Your use of the TOTE Web site (the "Site") is subject to your agreement to, and compliance with, these terms and conditions (the "Terms"), in addition to and not in limitation of the provisions of any other agreement you have, or may enter into, with TOTE (an "Agreement'). Please read the Terms carefully. YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO ALL OF THE TERMS SET FORTH HEREIN. By using the Site, you accept and agree to be bound by these Terms. If you do not agree to the Terms, you should not use this Site. TOTE may modify these Terms from time to time, effective upon posting to the Site, or such other period as required by law. Your continued access or use of the Site constitutes acceptance of such modifications of the Terms.

PRIVACY

TOTE respects the privacy of visitors to the Site. Please review our Privacy Policy below for more information. The Privacy Policy, as amended from time to time, is incorporated herein as part of these Terms.

REGISTRATION

You must register in order to receive certain services via the Site, i.e. the TOTE Web Booking System. Any information or data you provide in connection with or as a result of such registration will be subject to the privacy provisions of these Terms. You are solely responsible for (a) maintaining the confidentiality of any password, user ID or other security measure you select or which is assigned to you by TOTE, and ensuring that only authorized persons access and use the Site using such password(s)/user ID(s); and (b) ensuring that any information, data or other content you provide to TOTE is accurate, complete and does not infringe the proprietary or other rights of any party. You agree to provide TOTE with prompt, written notice of any unauthorized use of your password or ID.

OWNERSHIP

All content and software used on or in connection with the Site, or accessed through the Site (the "TOTE Content"), including without limitation text, graphics, digital downloads, and data compilations, and the overall design of the Site, the TOTE trademarks and logos used on the Site and overall "look and feel" of the Site, are the property of TOTE and protected by U.S. and international copyright, trademark and other laws. Other product and company names which appear on the Site may be subject to trademark or other rights of other parties. TOTE grants you a personal, non-transferable, non-exclusive, limited license to access and use the Site and to download and print a single copy of TOTE Content from the Site solely for your internal use and as necessary to access and use TOTE services in accordance with TOTE's instructions.

You may not (a) delete or modify any copyright or other proprietary notices contained in the TOTE Content; (b) copy, use, distribute, transmit or modify the TOTE Content or any other property of TOTE, whether in electronic or hard copy form; or (c) frame any TOTE Content, without TOTE's express, written consent. TOTE reserves all rights in the TOTE Content and any other property of TOTE which are not expressly granted in these Terms. TOTE welcomes suggestions for improving our current products and services, and for new products or services. By submitting a suggestion, you acknowledge and agree that (a) TOTE may, but has no obligation to, use it without payment or other compensation to you of any kind and that TOTE will own all rights in the suggestion and any results thereof; and (b) you waive any rights you may have in such suggestion, and agree not to permit or prosecute any action or lawsuit on the ground that our use of the suggestion constitutes an infringement of your rights. COPYRIGHT INFRINGEMENT If you believe any TOTE Content infringes any person's copyright interest, please provide the following information, in writing and signed by you, to TOTE Copyright Agent at the address listed below: A description of the allegedly infringing content, and of the copyrighted work which you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner. Your address, telephone number and e-mail address. Your statement that all information you have provided is accurate and that you have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law. TOTE Copyright Agent Davelle Mack Public Relations Coordinator Totem Ocean Trailer Express, Inc. 32001 32nd Ave S., Suite 200 Federal Way, WA 98001 (253)449-8138 Email: dmack@totemocean.com YOUR USE OF THE SITE You are solely responsible for obtaining and maintaining all telephone, hardware, software and other equipment necessary to access and use the Site, including all related expenses. You agree not to use the Site in any manner so as to (a) adversely affect the Site's resources or the availability of the Site to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which you reside; or (c) delete or revise any content on the Site. You further agree not to use the Site or the Services to harass any other person or to collect or store personal or business information about other visitors. LINKS As a service to you, TOTE may provide links on the Site to other Web sites or resources over which TOTE has no control. TOTE has no responsibility or liability whatsoever for the content, advertising, products or any other material or information accessed through such links, or the privacy policies of such sites, and inclusion of such links on the Site does not imply an endorsement of any content, product, service or information available thereby. TERMINATION These Terms remain in effect until terminated by either you or TOTE. If you or TOTE terminate these Terms for any reason, you must immediately discontinue all access and use of the Site, and destroy all TOTE Content, and any copies and installations thereof. TOTE reserves the right to suspend or terminate your access to the Site or any portion of the Site, and your limited right to use TOTE Content under these terms, with or without notice, if you breach these Terms, or if TOTE has reasonable grounds to believe you have committed such breach. TOTE may, in its sole discretion, discontinue providing the Site, in whole or in part, and with or without notice to you. TOTE shall have no liability to you or any third party for any termination of the Site or access to the Site. NO WARRANTY TOTE DOES NOT WARRANT THAT (a) ANY TOTE CONTENT, OR ANY INFORMATION OR DATA ACCESSED THROUGH OR DOWNLOADED FROM THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT ERROR-FREE, OR FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS; (b) THAT THE SITE WILL MEET YOUR REQUIREMENTS; OR (c) THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES TOTE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. THE SITE, TOTE CONTENT, AND ALL DATA AND INFORMATION PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE. LIMITATION OF LIABILITY TOTE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARENTS AND SUBSIDIARIES, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON OR DOWNLOADED OR ACCESSED THROUGH, THE SITE, OR ANY DELAY OR INABILITY TO USE OR ACCESS THE SITE, OR ANY INFORMATION, DATE OR OTHER CONTENT PROVIDED ON OR THROUGH THE SITE, OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE MATERIALS, DATA OR CONTENT PROVIDED ON OR THROUGH THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF TOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES., AND WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TOTE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TOTE'S LIABILITY EXCEED THE GREATER OF $50.00 OR THE AMOUNT ACTUALLY RECEIVED BY TOTE FROM YOU IN THE SIX MONTH PERIOD PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. INDEMNITY You agree that you are personally responsible for your use of the Site, and further agree to indemnify, defend and hold harmless TOTE, its officers, directors, employees, agents and third party information providers from and against any loss, damage, or expense of any kind (including attorneys' fees and costs) resulting from your violation of any the Terms or your use of or access to the Site, or your violation of the rights of any third party. MISCELLANEOUS This Site is controlled and operated by TOTE from its headquarters in Federal Way, Washington, USA. TOTE makes no representation that any TOTE Content or any other material or information accessed on or through the Site are appropriate or available for use in other locations. If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all laws of your jurisdiction. These Terms, and any dispute that may arise between you and TOTE shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. The Terms, as they may be amended from time to time, set forth the entire understanding of you and TOTE as to the subject matter of the Terms. You irrevocably consent to the exclusive jurisdiction and venue in the courts of King County, Washington, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Site. If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of TOTE. TOTE may assign its rights and duties under the Terms to any party, at any time, and without notice to you. You may not assign your rights or obligations under these Terms without TOTE's prior written consent, and any such purported assignment shall be void. These Terms constitute a written agreement between you and TOTE, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in any judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form. Questions about these Terms or the Site? Please contact: Curt Stoner 2511 Tidewater Anchorage, AK 99501 1(800)234-8683 ext. 215 Email: webmaster@totemocean.com Privacy Policy The following provisions apply to information TOTE learns about or obtains from you when you visit the Site. You should check this Privacy Policy frequently for any changes, but in any case your continued access or use of the Site shall constitute acceptance of any modifications. You may see information collected about you via the Site, and delete or modify any personally identifiable information, such as your name, e-mail address or home address or telephone number ("Personal Information") by following our Correct/Update Procedure below. [link] Controller of Personal Information. Any personal information provided to, or collected by, TOTE is controlled by Totem Ocean Trailer Express, Inc., 32001 32nd Avenue South, Suite #200, Federal Way, WA 98001. Information We Collect. TOTE may ask you to provide certain information, including personally identifiable information such as your name and e-mail address, so that we can identify you and provide better service to you on this and future visits. Additionally, in the event you request information, apply for credit, or purchase products or services from TOTE, you may need to disclose personal or financial information. TOTE may also collect aggregate information which does not indicate the identity of any particular visitor, but describes the habits, usage patterns and/or demographics of users as a group. You do not have to provide this information; however failure to provide the information may affect TOTE's ability to provide you with services, or your ability to access certain portions of the site or download material or data from the site. TOTE may, but is not obligated to, retain the content of any e-mails you send TOTE, or information or data you provide by other means, including your e-mail address and other personally identifiable information, so that TOTE may respond to your requests for information or questions, and comply with any legal requirements. TOTE may use such information for a variety of purposes, including analysis of use of the Site, development and marketing of products and services, improving site content and usability, and future e-mails, calls, mailings or other communications regarding site updates, payments due, new products and services, and upcoming events which may be of interest to you. In addition to information you provide, TOTE may use "cookies" (see definition below) or other passive means to collect the name of the domain and host from which you access the Internet; the IP address of the computer you are using; and the browser and operating system you are using; the date and time you access the site; and the Internet address of the Web site from which you linked to the site. TOTE uses cookies so that you won't have to reenter information each time you visit the site. A cookie is a small text or image file that the Site sends to your computer to collect information about your activities on the site, or to make it possible for you to purchase products or services from the site and to track such purchases. The cookie transmits this information back to the site each time your browser requests a page from the site, and the information is stored to help facilitate your use of the site the next time you visit. If you do not want to receive cookies from the site, you can set your browser to not accept cookies, or to notify you when a cookie set. If you choose to reject all cookies, you may be unable to use certain portions of the Site. If you want to see personally-identifiable information we have collected about you, or to update or correct such information or ask that it be removed from our database, please see the Correct/Update and Contact provisions below. This does not apply to information collected by cookies and used internally to recognize you and/or facilitate your visits to the site. How TOTE Uses and/or Discloses Information. TOTE uses the information you provide and we collect to: Administer the Site and diagnose problems with our server; Verify your identity; If you have given us permission, we may use your email and other personally-identifiable information to provide you with information about the Site and TOTE and our products and services; Measure the number of visitors to the site and how the site is used, in order to make the site as useful as possible to our visitors; As necessary for performance of TOTE's obligations, and enforcement of TOTE's rights, under these Terms and any Agreement; As required under applicable law, statute or regulation; and As you may otherwise agree. TOTE may disclose the information you provide and we collect to our parent and/or subsidiaries or affiliates, and as described below: Other companies and individuals who perform services and other functions on TOTE's behalf, including providing ocean and ground transport and delivery services, analyzing TOTE data, processing credit requests and payments and providing customer service; In the event TOTE transfers some or all of its business assets to another entity, or TOTE itself is acquired by a third party, information will likely be one of the transferred assets, but should remain subject to existing privacy terms as required by applicable laws, statutes and regulations; As TOTE may decide is necessary to comply with applicable law, enforce these Terms or protect the rights of TOTE or third parties, including for purposes of fraud protection and reduction of credit risk; and As you may otherwise agree. You may correct, change or delete your personal information by following the steps below. Personally identifiable information collected and transferred to back-up or archival storage may, however, be retained indefinitely. TOTE will also retain information regarding transactions as necessary for TOTE business records, and as required under applicable law. Opt In. Before TOTE uses your email address or other personal information to send you information or otherwise communicate with you, we ask that you indicate you wish to receive such communications by "opting in" to inclusion on our mailing lists. You can "opt in" at the time you provide the information, or by sending an email to Email: generalinfo@totemocean.com Updates/Corrections. You can correct or change your personal information, or remove your information from our mailing list, by sending an email to Email: generalinfo@totemocean.com , or by mail to Sales Totem Ocean Trailer Express 32001 32nd Ave. S. ste 200 Federal Way, WA 98001. TOTE reserves the right to verify the identity of all persons making such requests; provided that TOTE shall have no liability whatsoever resulting from false or erroneous requests. Changes in Policy. In the event TOTE decides to modify this Privacy Policy, or is required to do so under applicable law, TOTE will attempt to provide advance notice by posting such changes to the Site at least 30 days prior to implementation, or such shorter period as is necessary in accordance with applicable law and/or business conditions. Unless otherwise stated, the current Privacy Policy applies to all information TOTE has collected or you have provided at any time. Links. The Site may contain links to other sites. These links are for the convenience of visitors to the Site only, and TOTE makes no representations whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such sites. TOTE is not responsible for the privacy policies or procedures or the content of any other site. Security. The Site has reasonable security measures in place to protect against the loss, misuse or alteration of information under TOTE's control. While TOTE strives to protect your personal information, TOTE cannot ensure, and does not warrant, the security of any information. Communication via the Internet is not failsafe, and there is always a possibility that data may be lost, or intercepted by unauthorized parties during such transmission or after receipt by TOTE. You agree that TOTE shall have no liability whatsoever in connection with such lost or intercepted data. Subpoenas. TOTE does not disclose the identities of visitors or users of the Site unless legally required to do so. TOTE will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to you. Unless prohibited by law or by a valid court order, TOTE will notify you of any subpoena received from any other party (i.e., for civil litigation) which requires TOTE to disclose your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena. Conditions of Use. Your access and use of the Site is subject to this Privacy Policy and TOTE's Web Site Terms and Conditions [link to top of document, including limitations on damages and the applicability of the law of the State of Washington. Contacting TOTE. If you have questions about this Privacy Policy, the Website Terms and Conditions, or any other questions concerning the Site, please contact: Curt Stoner 2511 Tidewater Anchorage, AK 99501 1(800)234-8683 ext. 215 Email: webmaster@totemocean.com