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Longhauler-USA Terms of Use
Agreement
Read This Terms of Use Agreement Before
Accessing Website.
Effective Date: This Terms of Use Agreement was
last updated on August 18, 2006.
This Terms of Use Agreement sets forth the
standards of use of the Longhauler-USA Online Service. By using the
Longhauler-USA/Longhauler-USA.com/LonghaulerUSA.com website you (the
“Member”) agree to these terms and conditions. If you do not agree to
the terms and conditions of this agreement, you should immediately cease
all usage of this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without
prior notice. Modifications shall become
effective immediately upon being posted at Longhauler-USA/Longhauler-USA.com/LonghaulerUSA.com
website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
1.
Description of Service
Longhauler-USA is
providing Member with online services such as an information resource
center. Member must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate with such
connection.
2.
Disclaimer of Warranties.
The site is provided by
Longhauler-USA on an “as is” and on an “as available” basis. To the
fullest extent permitted by applicable law, Longhauler-USA makes no
representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Longhauler-USA shall have no
liability for any interruptions in the use of this Website.
Longhauler-USA disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
3.
Limitation of Liability
Longhauler-USA SHALL NOT
be liable for any damages
whatsoever, and in particular longhauler-USA shall not be liable for any
special, indirect, consequential, or incidental damages, or damages for
lost profits, loss of revenue, or loss of use, arising out of or related
to this web site or the information contained in it, whether such
damages arise in contract, negligence, tort, under statute, in equity,
at law, or otherwise, even if longhauler-usa has been advised of the
possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and hold Longhauler-USA,
its affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs, made by any
third party due to or arising out of Member’s use of the Service, the
violation of this Agreement, or infringement by Member, or other user of
the Service using Member’s computer, of any intellectual property or any
other right of any person or entity.
5.
Modifications and Interruption to Service
Longhauler-USA reserves the right to modify or
discontinue the Service with or without notice to the Member. Longhauler-USA
shall not be liable to Member or any third party should Longhauler-USA
exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that Longhauler-USA does not guarantee
continuous, uninterrupted or secure access to our website and operation
of our website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
6.
Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online merchants and other third
parties. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any third-party
site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the
content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we
are not responsible therein. We encourage all Members to review said
privacy policies of third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have
either been provided by the Vendors or collected from publicly available
sources. While Longhauler-USA makes every effort to ensure that the
information on this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any information
provided on this website.
Longhauler-USA makes no warranties or
representations whatsoever with regard to any product provided or
offered by any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall be at your
own risk.
8.
Governing Jurisdiction of the Courts [Michigan]
Our website is operated and provided in the State
of Michigan. As such, we are subject to the laws of Michigan, and
such laws will govern this Terms of Use, without giving effect to any
choice of law rules. We make no representation that our website or
other services are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site you agree to
do so subject to the internal laws of the State of Michigan.
9.
Compliance with Laws.
Member assumes all knowledge of applicable law and
is responsible for compliance with any such laws. Member may not use
the Service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements. Member
further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or
international law or regulation.
10.
Copyright and Trademark Information
All content included or available on this site,
including site design, text, graphics, interfaces, and the selection and
arrangements thereof is (c) 2006 Longhauler-USA.com, will all rights
reserved, or is the property of Longhauler-USA and/or third parties
protected by intellectual property rights. Any use of materials on the
website, including reproduction for purposes other than those noted
above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind,
without prior written permission of an authorized officer of Longhauler-USA
is strictly prohibited. Members agree that they will not use any robot,
spider, or other automatic device, or manual process to monitor or copy
our web pages or the content contained therein without prior written
permission of an authorized officer of Longhauler-USA.
Longhauler-USA, Longhauler-USA.com, and
LonghaulerUSA.com are proprietary marks of Longhauler-USA.com.
Longhauler-USA’s trademarks may not be used in connection with any
product or service that is not provided by Longhauler-USA, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits Longhauler-USA.
All other trademarks displayed on Longhauler-USA’s
website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors is
not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Longhauler-USA.
11.
Notification of Claimed Copyright Infringement
Notifications of claimed
copyright infringement can be sent to:
By Mail:
Attention: Julie Kuiper
Terms of Use
Personnel
1256 Katrina Drive, SE
Kentwood, MI 49508-6139
By Email:
admin@longhauler-usa.com
12.
Botnets
Longhauler-USA retains the right, at our sole
discretion, to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control points for
botnets, Longhauler-USA reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
13.
Other Terms
If any provision of this Terms of Use Agreement
shall be unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall not be
affected thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by Longhauler-USA, in
our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information and other
practices described in our Privacy Policy
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