Last Updated July, 2018
IMPORTANT. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. READ THE ENTIRE DOCUMENT TO THE BOTTOM OF THIS PAGE!
THIS SITE IS INTENDED FOR PERSONS LOCATED IN NORTH AND SOUTH AMERICA (“PERMITTED JURISDICTION”), AND IS NOT INTENDED FOR PERSONS LOCATED IN THE EUROPEAN ECONOMIC AREA. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE FROM A PERMITTED JURISDICTION.
This END-USER LICENSE AGREEMENT (“Agreement”) is entered into by and between you and ABCO. This Agreement, together with any documents expressly incorporated by reference, govern your access to and use of this Site, including any content, functionality, and services delivered through this Site. By accessing, browsing and/or using this Site, registering with this Site, or by clicking to accept or agree to this Agreement when this option is made available to you, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement and ABCO’S Privacy Notice (“Privacy Notice”), which can be found at /privacy-policy/ and is incorporated herein by reference, 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 and the Privacy Notice, please do not use this Site.
“ABCO” shall mean ABCO TRANSPORTATION, INC., all parent, sibling, subsidiary or affiliated entities, its shareholders, officers, directors, agents, employees, and assigns.
“User” shall mean any person or entity that accesses or uses the Site in any manner.
This Site is offered and available to Users who are 18 years of age or older.
YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THIS AGREEMENT, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
IF YOU USE THE SITE OR OBTAIN SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THIS AGREEMENT.
BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT USE OR ACCESS THE SITE.
The information, text, graphics provided on this Site are offered solely as a convenience to ABCO’S customers and Site visitors. Although ABCO 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 from time to time. ABCO 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. Any reliance you place on such information is strictly at your own risk. ABCO disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. ABCO reserves the right to make changes to the content of this Site without prior notice.
User is granted a nonexclusive, nontransferable limited license to view, copy, print, and distribute all or any part of this 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. The trademarks and service marks used or displayed on this site are registered and unregistered trademarks of ABCO. 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 without the express written permission of ABCO. ABCO expressly reserves all intellectual property rights it may possess in products, processes or technology that appear on this Site or any other ABCO website. Further ABCO reserves all other rights not expressly granted or addressed in this Agreement.
ABCO accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), ABCO reserves the right to terminate your use of the Site or the information and content contained on the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
You agree to use the Site only for lawful purposes and in accordance with this Agreement. Specifically, you agree:
This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by ABCO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion ABCO TRANSPORTATION, INC. ABCO is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage ABCO’S reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on ABCO’S part without its express written consent.
This Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by ABCO and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
You agree to cooperate with ABCO in causing any unauthorized framing or linking immediately to cease. ABCO reserves the right to withdraw linking permission without notice.
ABCO may disable all or any social media features and any links at any time without notice in its discretion.
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 WARRANTY THAT THIS SITE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL ABCO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS 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 THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, EVEN IF ABCO HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All information ABCO collects on this Site is subject to our Privacy Notice. By accessing or using the Site, you consent to all actions we take with respect to your information consistent with our Privacy Notice.
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 reserves the right to refuse service or terminate accounts in its sole discretion. You agree to immediately notify ABCO 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 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.
ABCO 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.
ABCO 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. ABCO will provide notice by, at a minimum, updating this posting. You are expected to carefully review this Agreement from time to time so you are aware of any changes. However, if ABCO make material changes to this Agreement, ABCO will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective. Any changes to this Agreement will be in effect as of the “Last Updated” date referenced in this Agreement. The continued use by User of the Site will be deemed User’s express agreement to the amended or changed terms and conditions.
ABCO may, but shall have no obligation to, add new functions or features to the Site or make new services available to User. ABCO 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, INC. 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 or in any publicity release, advertising or otherwise without the prior written approval of ABCO. This provision shall survive the termination of this Agreement.
User agrees that it will indemnify, defend and hold harmless ABCO, 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.
Assignment. This Agreement may not be assigned by User without first obtaining the written approval of ABCO.
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, 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 is the prevailing party in any such litigation it shall be entitled to recover its reasonable costs, including attorney fees, incurred in such litigation.
Divisibility. 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.
No Waiver. 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.
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 and User shall survive the termination or expiration of this Agreement.
Headings. 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.
Notices. ABCO may provide any notice to you under this Agreement by: (i) sending a message to the e-mail address you provide, or (ii) by posting to the Site. Notices sent by e-mail will be effective when ABCO sends the e-mail and notices ABCO provides by posting will be effective upon posting.
To give ABCO notice under this Agreement, you must contact ABCO as follows: (i) by sending a message to info; or (ii) by personal delivery, overnight courier, or registered or certified mail to ABCO at 600 Gillam Road, Wilmington, Ohio 45177. ABCO may update the e-mail address or mailing address for notices to it by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to ABCO at info.