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* 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://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 Agreement.
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 ABCO Transportation.
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 Agreement.
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.