* End-User License Agreement
* Important, read the entire document to the bottom of this page!
* By accessing, browsing and/or using this Site, you acknowledge that you have read,
understood and agree to be bound by the terms of this end-user license agreement
("Agreement") and to comply with all applicable local, state and federal laws and
regulations. If you do not agree to all of the terms and conditions of this Agreement,
click the button indicating nonacceptance or do not use this site.
Definitions "ABCO Transportation" shall mean ABCO Transportation, all parent, sibling,
subsidiary or affiliated entities, its shareholders, officers, directors, agents,
employees, and assigns. "Site" shall mean the Internet site located at http://www.driveabco.com.
"User" shall mean any person or entity that accesses or uses the Site in any manner.
Conditions of Use
The information, text, graphics provided in this Site are offered solely as a convenience
to our customers and home page visitors. Although ABCO Transportation believes it
has made reasonable efforts to include accurate, complete and current information
on this Site, this Site may contain technical inaccuracies or typographical errors
and changes are made to this Site and to the products and services of ABCO Transportation
from time to time. ABCO Transportation makes no warranties or representations regarding
the accuracy or completeness of the information. It is your responsibility to verify
the information before relying on it. ABCO Transportation reserves the right to make
changes to the content of this web site without prior notice.
User is granted a nonexclusive, nontransferable limited license to view, copy, print,
and distribute all or any part of this Web site for internal, informational and
non-commercial purposes within your organization, provided that each copy of material
contains copyright notice. No other use of any of the content of this Site is permitted
without the express written consent of ABCO Transportation. The trademarks and service
marks used or displayed on this site are registered and unregistered trademarks
of ABCO Transportation. Nothing contained herein shall be construed as granting, by
implication, estoppel or otherwise, to User a license under any copyright, trademark,
patent or other intellectual property right of ABCO Transportation without the express
written permission of ABCO Transportation. ABCO Transportation expressly reserves all
intellectual property rights it may possess in products, processes or technology
that appear on this Site or any other ABCO Transportation. Web site. Further ABCO
Transportation reserves all other rights not expressly granted or addressed in this
Disclaimer of Warranty
The information, software or other material on or accessible from this site is provided
on an "as is" and "as available" basis without warranty of any kind, express or
implied, including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, or arising from a course of dealing, usage or trade practice,
expectation of privacy and noninfringement or any warrany that this site will be
provided uninterrupted or error-free, that defects will be corrected or that this
site or the server that maikes it available will be free from computer viruses or
other harmful components.
Limitation of Liability
In no event shall ABCO Transportation be liable for any direct, indirect, incidental,
consequential, special or punitive damages or any other damages of any kind or nature
arising out of user's access, use or inability to use this website, whether based
upon breach of contract, negligence or other wrongful conduct or any other legal
theory, even if ABCO Transportationhas been informed of the possibility thereof.
As part of the normal operation of this Site, ABCO Transportationreceives names, e-mail
addresses or other personal or business information submitted by Users. This information
is not gathered by ABCO Transportation without the knowing, active permission and
participation of User. In addition, in order to safeguard the Site as well as you
the User, ABCO Transportation tracks the IP addresses of Users. Some of this information
may be disclosed to third parties or used by ABCO Transportationor third parties.ABCO
Transportationwill not intentionally release this information to third parties unless
we believe release is appropriate to comply with law; to enforce or apply this Agreement
or other agreements; or to protect the rights, property, or safety of ABCO Transportation,
our Users, or others. Any information sent to ABCO Transportation through or as a
result of this Site is provided without restriction or obligation on ABCO Transportation.ABCO
Transportationassumes no obligation to protect such information from disclosure.ABCO
Transportation may use this information and any ideas, concepts, know-how or techniques
contained in the information that User sends us for any purpose whatsoever, including
but not limited to, developing, manufacturing and marketing products and services
incorporating such information. However, ABCO Transportation has no intention to release
such information to any third-party for commercial purposes and will undertake to
protect such information from unintentional disclosure.
Your Account, Password and Security
If you use this Site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, account or
password, and you agree to accept responsibility for all activities that occur under
your account or password.ABCO Transportationreserves the right to refuse service or
terminate accounts in its sole discretion. You agree to immediately notify ABCO
Transportation of any unauthorized use of your password or account or any other breach
of security, and ensure that you exit from your account at the end of each session.
ABCO Transportation is not liable for any loss or damage arising from User's failure
to comply with this section or any other provision of this Agreement.
Relationship of the Parties
ABCO Transportation and User are independent contractors. Nothing in this Agreement
shall be construed to create any agency, partnership, joint venture, employer-employee
or franchisor-franchisee relationship unless explicitly agreed to in writing by
Changes or Modifications
ABCO Transportation reserves the right, at its sole discretion, to change, modify,
add, remove or amend the existing terms and conditions of this Agreement in whole
or in part at any time. Any such changes or amendments shall be effectively immediately
upon being posted on the Site. The continued use by User of the Site will be deemed
User's express agreement to the amended or changed terms and conditions.
ABCO Transportation may, but shall have no obligation to, add new functions or features
to the Site or make new services available to User. ABCO Transportation may terminate,
change, suspend or discontinue any aspect of the Site, including the availability
of or any features of the Site, at any time.
ABCO Transportation may, in its sole discretion, terminate this Agreement at any time
or upon a breach of this Agreement by User. Upon such termination, User shall immediately
destroy any materials obtained from this Site and all copies thereof, whether made
pursuant to the terms of this Agreement or otherwise.
User shall keep in confidence and shall not disclose to any third parties any non-public
information that may be disclosed to User in connection with the use of the Site
under this Agreement or otherwise. User shall not use the name of ABCO Transportation
or in any publicity release, advertising or otherwise without the prior written
approval of ABCO Transportation. This provision shall survive the termination of this
User agrees that it will indemnify, defend and hold harmless ABCO Transportation,
from and against any and all liabilities, damages, losses, costs, and expenses,
including reasonable attorney fees, arising out of, resulting from or in any way
related to use by User of the Site or User's breach of this Agreement.
Entirety of Agreement. This Agreement represents the entire understanding of the
parties and cannot be amended except in writing signed by both parties. All prior
discussions, understandings, negotiations, or agreements are merged herein. All
prior oral or written agreements between the parties are hereby canceled.
This Agreement may not be assigned by User without first obtaining the written approval
of ABCO Transportation.
Choice of Law and Venue
The laws of the State of Ohio will govern the interpretation, validity and effect
of this Agreement as such laws are applied to agreements entered into and to be
performed entirely within the State of Ohio. Unless otherwise agreed in writing
by ABCO Transportation, User agrees that any legal action resulting from a dispute
over this Agreement shall be heard before the Court of Common Pleas, Clinton County,
Ohio, or, if applicable, the United States District Court for the Southern District
of Ohio. In the event ABCO Transportation is the prevailing party in any such litigation
it shall be entitled to recover its reasonable costs, including attorney fees, incurred
in such litigation.
If any provision of this Agreement is held by any court or arbitrator to be null
and void or unenforceable for any reason, such determination shall not affect the
remaining portions of this Agreement, which shall remain in full force and effect
in accordance with its terms and conditions.
Any waiver of any provision, term or condition of this Agreement shall not be construed
or deemed to be a waiver of any other such provision, term or condition of this
Agreement, nor a waiver of a subsequent breach or the same provision or condition,
unless such waiver is expressed in writing by ABCO Transportation.
Survival of Covenants
The covenants and agreements contained in this Agreement are and shall be binding
on, and shall inure to the benefit of, the Parties hereto and their officers, directors,
shareholders, employees, successors and assigns. Further, all obligations arising
prior to the termination or expiration of the Agreement allocating responsibility
or liability between ABCO Transportation and User shall survive the termination or
expiration of this Agreement.
The paragraph headings set forth herein are for reference only and not to be considered
a part of or a term or condition of this Agreement.