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Ashley Truck & Auto
Ashley Truck & Auto Online
Terms and Conditions
PLEASE
READ THESE ONLINE TERMS AND CONDITIONS (THE "AGREEMENT") CAREFULLY. BY
ACCESSING, USING, OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT,
AND ARE NOT AUTHORIZED, TO ACCESS OR USE THIS WEBSITE.
Ashley
Truck & Auto. and its related companies ("Company") is the owner of this
Website (the "Website"). This Website contains information, including
without limitation all text, graphics, photographs, graphs, sounds, data,
images, audio, page headers, software (including HTML and other scripts),
buttons, video, and other icons, and the arrangement and compilation of this
information (collectively, the "Information") that is either owned or
licensed by Company. Portions of this Website are made available only to
persons who have registered and who have been issued a user id and/or
password or other positive identifiers by Company ("Registered Users"). Only
Registered Users are authorized to access the restricted portions of this
Website. Your use of this Website and access to the Information is expressly
conditioned upon your agreement that all such access and use shall be
governed by all of the terms and conditions set forth in this Agreement. In
addition, access to certain areas of the Website may also be governed by
other terms and conditions. In the event of a conflict between the terms and
conditions set forth below and those necessary to access restricted portions
of the Website, the ones governing the restricted portions of the Website
will govern your access to such areas and any transactions conducted while
in such restricted areas, and these terms and conditions will apply where
there is not a conflicting provision. In addition, you hereby acknowledge
and agree as follows:
1. License Grant. Company grants
you a limited, non-exclusive, and non-transferable license to use this
Website. You may download, view, copy, and print the Information
incorporated into this Website solely for your personal and non-commercial
use. The Information may not be transferred, shared with or disseminated
with anyone for any purpose which is inconsistent with the purpose of the
Website, to facilitate unfair competition with the Website, or for any
purpose which is inappropriate or unlawful under applicable US and
international laws.
2. Use Restrictions. Notwithstanding
the foregoing license grant, you may not resell, redistribute, broadcast or
transfer the Information or use the Information in a searchable,
machine-readable database or file except through the authorized access to
the Website. Unless separately and specifically authorized in writing by
Company, you may not rent, lease, sublicense, distribute, transfer, copy,
reproduce, publicly display, publish, adapt, modify, create derivative
works, store or time-share the Website, any part thereof, or any of the
Information received or accessed there from to or through any other person
or entity. You may not “frame” any material contained on this Website unless
authorized in writing by Company. Access or use of the Website (or any
portions thereof) except as expressly provided in this Agreement is strictly
prohibited. You agree to use the Website and Information for lawful purposes
only. You agree not to post or transmit any information through the Website
which (a) infringes the rights of others or violates their privacy or
publicity rights, (b) is unlawful, threatening, abusive, defamatory,
libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (c)
is protected by copyright, trademark or other proprietary right without the
express written permission of the owner of such right, (d) which is used to
unlawfully collude against another person in restraint of trade and
competition or (e) contains unauthorized or malicious software such as
viruses. You shall be solely liable for any damages resulting from any
infringement of copyright, trademark or other proprietary right, or any
other harm resulting from your use of the Website or Information.
3. Submissions. You hereby grant
to Company and its affiliates a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works based on, distribute,
perform and display any message posted on the Website, including any chat
rooms therein, or any e-mail or other materials or Information sent by you
to the Company and to incorporate it (in whole or in part) in other works in
any form, media or technology now known or later developed.
4. Linking. You may not use any
of Company's proprietary logos, marks, or other distinctive graphics, video,
or audio material in your links, without the Company’s express written
permission, which the Company may withhold in its discretion. You may not
link in any manner reasonably likely to a) imply affiliation with or
endorsement or sponsorship by the Company; b) cause confusion, mistake, or
deception; c) dilute Company's trademarks or service marks; or d) otherwise
violate state or federal law. In addition, you may only link to the home
page of the Website, unless otherwise authorized in writing by Company. This
Website may contain links to other Websites. These links are provided for
informational purposes only, and the Company does not sponsor, nor is it
affiliated with any linked content or related entity unless expressly stated
to the contrary. The Company makes no representations and assumes no
responsibility for your use of links provided on the Website.
5. Modification. Company reserves
the right to modify the terms and conditions of this Agreement. Such
modifications may include, without limitation, implementation of user
priorities, implementation of rules for use by you, and discontinuance of
functional aspects of the Website. Company may also add, withdraw or modify
Information within the Website or services provided through the Website at
any time in its sole discretion. All such modifications shall be displayed
online, and such display shall constitute effective notice under this
Agreement on the day the Company places them on the Website. You agree to
review the terms and conditions of this Agreement periodically to be aware
of such revisions.
6. Password Disclosure. If, at
any time, you are issued a user id and/or password or other positive
identifier issued and authorized by Company, and you learn or suspect that
such identifiers have been disclosed or otherwise made known to any person
other than yourself, you agree to immediately notify Company and to confirm
such notice in writing within seventy-two (72) hours. Upon receiving such
notice, Company will assign a new user id and/or password to you within a
reasonable period of time.
7. Delays in Services. Neither
Company nor any of its licensors (including its and their partners, members,
managers, officers, directors, employees, affiliates, agents,
representatives or subcontractors) shall be liable for any loss or liability
resulting, directly or indirectly, from delays or interruptions due to
electronic or mechanical equipment failures, telephone interconnect
problems, defects, weather, strikes, walkouts, fire, acts of God, riots,
armed conflicts, acts of war, or other like causes beyond the reasonable
control of Company. Company shall have no responsibility to provide you
access to the Website while interruption of the Website due to any such
cause shall continue.
8. Termination. Termination or
cancellation of this Agreement shall not affect any right or relief to which
Company may be entitled, at law or in equity. Upon termination of this
Agreement, all rights granted to you will terminate and revert to Company.
This Agreement and the license rights granted hereunder shall remain in full
force and effect unless terminated or canceled for any of the following
reasons; a) upon thirty (30) days written notice by either party of its
intent to terminate this Agreement; b) immediately by Company for any
unauthorized access or use by you, including, without limitation: (i)
concurrent access of the restricted portion of the Website with identical
user ids; (ii) permitting another person or entity other than the person to
whom the user id or password was assigned by Company to use your user id or
password to access the Website; or (iii) any other access or use of the
Website except as expressly provided in this Agreement; c) immediately by
Company if you assign or transfer (or attempt the same) any rights granted
to you under this Agreement; d) immediately, if you fail to abide by the
rules and regulations relating to the use of, or tamper with or alter any of
the Information contained in, or accessed through, the Website; e)
immediately, if you transmit or receive any Information using the Website
(or cause the same) in violation of this Agreement (Company, at its sole
discretion, shall determine whether any information transmitted or received
violates this provision); or f) immediately, if you violate any of the other
terms and conditions of this Agreement.
9. Monitoring. You acknowledge
that Company reserves the right to, and may from time to time, monitor any
and all Information transmitted or received through the Website. Company, at
its sole discretion and without further notice to you, may (but is not
obligated to) review, censor or prohibit the transmission or receipt of any
Information which Company deems inappropriate or that violates any term or
condition of this Agreement. During monitoring, Information may be examined,
recorded, copied, and used for authorized purposes. Use of the Website,
authorized or unauthorized, constitutes consent to such monitoring.
10. Limited Warranty. You
acknowledge that the Information and links provided through the Website are
compiled from sources which are beyond the control of Company. Though such
Information is recognized by the parties to be generally reliable, the
parties acknowledge that inaccuracies may occur, and that Company and its
licensors do not warrant the accuracy or suitability of the Information. FOR
THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE AND INFORMATION ARE PROVIDED
TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. COMPANY AND ITS LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES
ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED
WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, COMPANY AND ITS LICENSORS
DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR INFORMATION WILL MEET YOUR
REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under
this Agreement, you assume all risk of errors and/or omissions in the
Website and Information, including the transmission or translation of
Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD COMPANY
HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR
DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
11. Limitation of Liability. You
assume full responsibility for implementing sufficient procedures and checks
to satisfy your requirements for the accuracy and suitability of the Website
and Information, and for maintaining any means that you may require for the
reconstruction of lost data or subsequent manipulations or analyses of the
Information provided under this Agreement. YOU
AGREE THAT COMPANY AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS)
SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE
AND INFORMATION FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF
LIABILITY SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH
LIABILITY IS AND SHALL BE LIMITED TO $10.00 AS LIQUIDATED DAMAGES AND NOT AS
A PENALTY EVEN IF COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE.
THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
12. Indemnification. YOU SHALL
RELEASE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS LICENSORS
AND THEIR AFFILIATES, PARTNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "COMPANY PARTIES") FROM AND
AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES,
FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER, OR NATURE
BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR
ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE
WEBSITE OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT,
SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER
FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT
LIMITED TO THE COMPANY PARTIES.
13. Privacy. The Company Website
does not collect any personally identifying information about you except
when you expressly provide it. You agree that Company can use your personal
identifying information as stated in our Privacy Policy. [This should be
linked to the Privacy Policy] Company may place a "cookie" in the browser
files of your computer. Such cookie does not contain any personally
identifying information. Please see our Privacy Policy [This should be
linked to the Privacy Policy] for more details.
14. No Conflicting Terms. If
there is any conflict between this Agreement and any help text, manuals, or
other documents contained on the Website, this Agreement shall govern,
whether such other documents are prior to or subsequent to this Agreement,
or are signed or acknowledged by any member of the Company Parties.
15. Attorney's Fees. If Company
takes action (by itself or through its representatives) to enforce any of
the provisions of this Agreement, including collection of any amounts due
hereunder, Company shall be entitled to recover from you (and you agree to
pay), in addition to all sums to which it is entitled or any other relief,
at law or in equity, reasonable and necessary attorney's fees and any costs
of any litigation.
16. Governing Law; Limitations; Venue. This
Agreement shall be governed by the laws of the State of Texas, excluding any
rule or principle that would refer to and apply the substantive law of
another state or jurisdiction. To the extent allowed by applicable law, any
claims or causes of action arising from or relating to your access and use
of the Website or Information contemplated by this Agreement must be
instituted within two (2) years from the date upon which such claim or cause
arose or was accrued. Further, any such claim or cause of action shall be
brought exclusively in the state or federal courts located in Dallas, Dallas
County, Texas, and you agree to submit to the exclusive personal
jurisdiction of such courts and hereby appoint the Secretary of State of
Texas as your agent for service of process. You agree to waive any objection
that the state or federal courts of Dallas County, Texas, are an
inconvenient forum.
17. Severability. Whenever
possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited or invalid under applicable
law, such provision shall be ineffective to the extent of such prohibition
or invalidity without invalidating the remainder of such provision or the
remaining provisions of this Agreement. Any unenforceable provision will be
replaced by a mutually acceptable provision which comes closest to the
intention of the parties at the time the original provision was agreed upon.
18. U.S. Government Restricted Rights. The
Information on this Website is provided with “RESTRICTED RIGHTS.” Use,
duplication or disclosure by the Government is subject to restrictions as
set forth in applicable laws and regulations. Use of the materials by the
Government constitutes acknowledgement of Company’s proprietary rights in
them.
19. Copyright, Patent and Trademark Notice. Copyright
2005 Texas Auto Shipping, L.P. All rights reserved. The Website and
Information constitutes the valuable, exclusive property of the Company or
its licensors and nothing in this Agreement shall be construed as
transferring or assigning any such ownership rights to you or any other
person or entity. The Information is protected by contract law and various
intellectual property laws, including domestic and international copyright
laws. Except as permitted in this Agreement, you may not copy, adapt,
distribute, commercially exploit, or publicly display the Information or any
portion thereof in any manner whatsoever without Company's prior written
consent. You may not remove, alter or obscure any copyright, legal or
proprietary notices in or on any portions of the Information. Company, and
its associated logos, and all page headers, custom graphics, buttons, and
other icons are service marks, trademarks, registered service marks, or
registered trademarks of Texas Auto Shipping, L.P. or its affiliates. All
other product names and company logos mentioned on the Website or
Information are trademarks of their respective owners.
20. Assignments. You may not
assign any of your rights, obligations, privileges, or performance hereunder
without the prior written consent of Company. Any assignment by you other
than as provided for in this Section 20 shall be null and void for all
purposes.
21. Notice and Procedure for Copyright Infringement Claim. The
Company, pursuant to 17 U.S.C. Section 512 as amended by Title II of the
Digital Millennium Copyright Act (the “Act”), reserves the right, but not
the obligation, to terminate your license to use the Website or Information
if it determines in its sole and absolute discretion that you are involved
in infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. Company accommodates and does not interfere
with standard technical measures used by copyright owners to protect their
materials. In addition, pursuant to 17 U.S.C. Section 512(c), Company has
implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the Act.
Company’s designated agent to receive notification of claimed infringement
is:
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary
right, should be sent to the Company designated agent, listed above, and
must include the following information:
• A
physical or electronic signature of a person authorized to act on behalf of
(a) the owner of an exclusive right that is allegedly infringed or (b) the
person defamed.
• Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site.
Similarly for other types of infringing materials, a list of such materials.
• Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as
your address, telephone number, and/or electronic mail address.
• A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
• A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed or on behalf of the
person defamed.
22. Entire Agreement. THIS
AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY ACCESSING
OR USING THE WEBSITE OR INFORMATION. THIS AGREEMENT CONSTITUTES THE ENTIRE
AGREEMENT BETWEEN YOU AND THE COMPANY RELATING TO THE MATTERS SET FORTH
HEREIN, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND
COMPANY RELATING TO THE MATTERS SET FORTH HEREIN.
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