PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. From time to time, Dick Lavy Trucking, Inc. may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Dick Lavy Trucking, Inc. and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service (“TOS”) for this site. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the service (as defined herein) in accordance with the TOS, (b) not to use the service for illegal purposes, and (c) not to interfere or disrupt networks connected to the service.
2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the “service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the service.
3. Restrictions on Use. You may not use the service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the service in any manner that could compete with the business of Dick Lavy Trucking, Inc. You acknowledge that the service has been developed, compiled, prepared, revised, selected and arranged by Dick Lavy Trucking, Inc. and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Dick Lavy Trucking, Inc. and such others. You agree to protect the proprietary rights of Dick Lavy Trucking, Inc. and all others having rights in the service during and after the term of this agreement and to comply with all reasonable written requests made by Dick Lavy Trucking, Inc. or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the service. You agree to notify Dick Lavy Trucking, Inc. in writing promptly upon becoming aware of any unauthorized access or use of the service by any party or of any claim that the service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT DICK LAVY TRUCKING, INC.’ S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE’S CONTENT WOULD BE A VIOLATION OF DICK LAVY TRUCKING, INC.’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF Dick Lavy Trucking, INC. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF Dick Lavy Trucking, INC.’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH DICK LAVY TRUCKING, INC.’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF DICK LAVY TRUCKING, INC.’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.
5. License. You acquire absolutely no rights or licenses in or to the service and materials contained within the service other than the limited right to utilize the service in accordance with the TOS. Should you choose to download content from the service, you must do so in accordance with the TOS. Such download is licensed to you by Dick Lavy Trucking, Inc. ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the service (the “Intellectual Property Rights”) shall, as between you and Dick Lavy Trucking, Inc., at all times be and remain the sole and exclusive property of Dick Lavy Trucking, Inc. All present and future rights in and title to the service (including the right to exploit the service and any portions of the service over any present or future technology) are reserved to Dick Lavy Trucking, Inc. for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the service or any portion thereof. Except as specifically permitted herein, you shall not use Dick Lavy Trucking, Inc.’s Intellectual Property Rights or the service, or the names of any individual participant in, or contributor to, the service, or any variations or derivatives thereof, for any purpose, without Dick Lavy Trucking, Inc.’s prior written approval.
7. Fees and Payments. Dick Lavy Trucking, Inc. reserves the right at any time to charge fees for access to portions of the service or the service as a whole. If at any time Dick Lavy Trucking, Inc. requires a fee for portions of the service or the service as a whole, Dick Lavy Trucking, Inc. will require you to register and create an account. In no event will you be charged for access to portions of the service or to the service unless Dick Lavy Trucking, Inc. obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Dick Lavy Trucking, Inc. or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the service through your account, and the purchase of any other products or services. Certain portions of the service or the service as a whole may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the service or the service as a whole if a Prepaid Fee is required unless Dick Lavy Trucking, Inc. receives all fees and charges payable by you, including the Prepaid Fee.
8. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to portions of the service that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Dick Lavy Trucking, Inc. with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that Dick Lavy Trucking, Inc., in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Dick Lavy Trucking, Inc. at ops@tishdlgs.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Dick Lavy Trucking, Inc. account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Dick Lavy Trucking, Inc.’s sole discretion, and Dick Lavy Trucking, Inc. may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to ops@tisholdings.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges incurred up to the time the account is terminated.
9. Disclaimer and Limitation of Liability. You agree that your use of the service is at your sole risk and acknowledge that the service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and that Dick Lavy Trucking, Inc. makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Dick Lavy Trucking, Inc. does not warrant that the service is compatible with your equipment or that the service is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features. You agree that Dick Lavy Trucking, Inc., its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Dick Lavy Trucking, Inc., its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Dick Lavy Trucking, Inc. by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the service caused by your computer equipment or arising from your use of the service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the service is not maintained or controlled by Dick Lavy Trucking, Inc. Dick Lavy Trucking, Inc. is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the service. Dick Lavy Trucking, Inc. does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the service. Dick Lavy Trucking, Inc. is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the service. You understand that Dick Lavy Trucking, Inc. and/or third-party contributors to the service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
10. Further Disclaimer and Limitation of Liability. You acknowledge that (i) the service is provided for information purposes only and is not intended for trading purposes, (ii) the serviceincludes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources, (iii) Dick Lavy Trucking, Inc. does not guarantee the sequence, accuracy, completeness or timeliness of the service and (iv) the provision of certain parts of the service is subject to the terms and conditions of other agreements to which Dick Lavy Trucking, Inc. is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Dick Lavy Trucking, Inc., its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i)inaccuracies or errors in or omissions from the service including, but not limited to, quotes and financial data; (ii)delays, errors or interruptions in the transmission or delivery of the service; or (iii)loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DICK LAVY TRUCKING, INC., ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A DICK LAVY TRUCKING, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Dick Lavy Trucking, Inc.’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
12. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the service only as set forth in the TOS.
13. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Dick Lavy Trucking, Inc. and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Dick Lavy Trucking, Inc., its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Dick Lavy Trucking, Inc., its employees, representatives, Suppliers and agents is based on or arises in connection with the service, , or any links on the service, including, but not limited to: (i) your use or someone using your computer’s use of the service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
14. Termination. Either you or Dick Lavy Trucking, Inc. may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the service and destroying all materials obtained from the service. These TOS will terminate immediately without notice from Dick Lavy Trucking, Inc. if you, in Dick Lavy Trucking, Inc.’s sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by Dick Lavy Trucking, Inc., you must destroy promptly all materials obtained from the service and any copies thereof. Sections two through thirteen (2-13) and fifteen through twenty-two (15-22) shall survive any termination of the TOS.
15. Governing Law. These TOS shall be governed and construed in accordance with the laws of the United States and the State of Ohio, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Montgomery County in the State of Ohio with respect to any legal proceedings that may arise in connection with the service or from a dispute as to the interpretation or breach of the TOS.
16. Access Outside the United States. Dick Lavy Trucking, Inc. does not represent that materials in the service are appropriate or available for use in countries outside the United States. If you choose to access the service from outside the United States, you are responsible for compliance with foreign and local laws. Software from the service is further subject to United States export controls and may not be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department’s Table of Deny Orders. By using the service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.
17. Miscellaneous. You accept that Dick Lavy Trucking, Inc. has the right to change the content or technical specifications of any aspect of the service at any time at Dick Lavy Trucking, Inc.’s sole discretion. You further accept that such changes may result in your being unable to access the service.
18. Headings. The section titles in the TOS are used solely for the convenience of you and Dick Lavy Trucking, Inc. and have no legal or contractual significance.
19. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.
20. Entire Agreement. The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Dick Lavy Trucking, Inc. and govern your use of the service.
21. Monitoring. Dick Lavy Trucking, Inc. shall have the right, but not the obligation, to monitor the content of this site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Dick Lavy Trucking, Inc. and to satisfy any law, regulation or authorized government request. Dick Lavy Trucking, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this site. Without limiting the foregoing, Dick Lavy Trucking, Inc. shall have the right to remove any material that Dick Lavy Trucking, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
