TERMS OF USE
General Information
These Terms of Use (“Terms” or “Agreement”) govern your use of the All Pro Freight Systems, Inc. (“All Pro”) website (the “Website”). Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms and by any amendments in effect at the time of your visit. If you do not agree to those terms in their entirety, you are not authorized to access or use this Website. All Pro reserves the right, at any time, to modify, update or amend these Terms, and you agree to be bound by such modifications, updates or amendments. We encourage you to review these Terms upon each visit to the Website because any changes will be binding on you.
These Terms expressly incorporate by reference and include the All Pro Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on the Website. By using this Website, you agree to the terms of the Privacy Policy.
Intellectual Property Rights
Copyright
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips and video, blog posts, and comments to blog posts are the property of All Pro or its content suppliers and are protected by U.S. and international copyright laws. Any unauthorized use, including the reproduction, modification, distribution, transmission, republication or display of the content of the Website is strictly prohibited. This Agreement does not confer any license or right under any copyright or trademark of All Pro or any third party.
Trademark
All trademarks, logos, emblems, product brand names, service marks and trade names are proprietary to All Pro or other respective owners. The unauthorized use of any trademark displayed on the Website is strictly prohibited.
Rules of Acceptable Behavior
Any functions provided on the Website that allows users to submit comments, job applications, resumes, posts, text, video content, audio content, photographs, computer code and computer applications (each a “Submission”) are provided for the Website’s users. All Submissions are not under the control of All Pro and are not information or opinions of All Pro. All Pro does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such Submissions. Use of any Submission is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections of the Website to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, recommendation or favoring by All Pro. All Pro is not responsible for and expressly disclaims all liability for, damages of any kind arising from use of, reference to, or reliance on any Submissions. All Pro makes no guarantees or warranties with respect to Submissions, including but not limited to, any express or implied warranties of merchantability or fitness for a particular use or purpose. Display of any Submission does not constitute approval or endorsement by All Pro.
You shall not upload to, distribute or otherwise publish through the Website any content that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violates any law, including but not limited to criminal, trademark, trade secret, and copyright law. You shall not post Submissions that encourage or promote illegal activity, Submissions that discuss illegal activities with the intent to commit them, or Submissions that may give rise to civil or criminal liability in any way, or that violate federal, state, or local laws. You shall not post Submissions containing spam, commercial or advertising content. You shall not post Submissions containing links to any website that violates any section of these Terms of Use. You shall not in any manner impersonate anyone else or misrepresent your true identity. You should not post any Submissions that contain private information, nor should you assume that postings are completely anonymous.
By posting Submissions, you automatically grant, or warrant that the owner of such content has expressly granted All Pro the royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, transmit, excerpt, host, index, cache, tag, encode, create derivative works from, distribute, perform and publicly display such content in an electronic environment in any form or media now known or hereinafter developed, any Submission(s) posted by you on or to the Website. This means that anything submitted by you to All Pro may be used by All Pro for any purpose, now or in the future, without any payment to, or further authorization by, you. By making a Submission, you are consenting to its display on the Website and for related online and offline promotional websites.
You are solely responsible for the content of your Submissions. You agree that All Pro has the right to edit, remove, move, modify or delete any Submissions for any reason whatsoever, or for no reason at all. All Pro reserves the right to filter from the Website all Submissions from individuals who display persistent behavior contrary to the Terms of Use governing use of the Website. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Depending on the nature of the violation, All Pro shall have the sole discretion to terminate your access to the Website. Please be advised that All Pro will fully cooperate with any law enforcement authorities or court order requesting or directing All Pro to disclose personal information (in accordance with the Privacy Policy of the Website) of anyone whose Submission(s) violates the foregoing terms.
In order to post any Submissions, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to All Pro’s Privacy Policy.
Disclaimer of Warranties
THE WEBSITE, ALL CONTENT AND PRODUCTS ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE STATED HEREIN OR OTHERWISE PROVIDED TO YOU AT TIME OF PURCHASE, ALL PRO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY SERVICES, CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SOFTWARE OBTAINED THROUGH THE WEBSITE. ALL PRO MAKES NO WARRANTY THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR-FREE, OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. ALL PRO FURTHER DISCLAIMS ANY WARRANTY THAT THE INFORMATION OR RESULTS OBTAINED THROUGH USE OF THE APPLICATIONS OR SERVICES IS ACCURATE OR TIMELY, OR THAT RESULTS OBTAINED THROUGH THE USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE WILL MEET YOUR NEEDS. USE OF ANY INFORMATION OBTAINED THROUGH USE OF THE WEBSITE AND RELIANCE UPON SUCH INFORMATION OR RESULTS OR SERVICES WILL BE AT YOUR OWN RISK.
Disclaimer of Liabilities
ALL PRO SHALL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE WEBSITE, PURCHASE OR USE ANY OF THE SERVICES, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR INFORMATION PROVIDED BY ALL PRO OR ANY THIRD PARTIES THROUGH THE WEBSITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ALL PRO HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL ALL PRO’S LIABILITY TO YOU EXCEED THE PURCHASE PRICE FOR THE PRODUCT OR SERVICES GIVING RISE TO A CLAIM OR LIABILITY.
Indemnification
You hereby agree to indemnify, defend and hold All Pro and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or otherwise arising from your Submissions and/or use of the Website, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. All Pro reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination
All Pro may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, or no reason, whatsoever.
Jurisdiction and Applicable Law
This Agreement will be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. You hereby submit to and agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Lorain County, Ohio courts and U.S. federal courts located in Northeast Ohio.
General Information
These Terms of Use (“Terms” or “Agreement”) govern your use of the All Pro Freight Systems, Inc. (“All Pro”) website (the “Website”). Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms and by any amendments in effect at the time of your visit. If you do not agree to those terms in their entirety, you are not authorized to access or use this Website. All Pro reserves the right, at any time, to modify, update or amend these Terms, and you agree to be bound by such modifications, updates or amendments. We encourage you to review these Terms upon each visit to the Website because any changes will be binding on you.
These Terms expressly incorporate by reference and include the All Pro Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on the Website. By using this Website, you agree to the terms of the Privacy Policy.
Intellectual Property Rights
Copyright
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips and video, blog posts, and comments to blog posts are the property of All Pro or its content suppliers and are protected by U.S. and international copyright laws. Any unauthorized use, including the reproduction, modification, distribution, transmission, republication or display of the content of the Website is strictly prohibited. This Agreement does not confer any license or right under any copyright or trademark of All Pro or any third party.
Trademark
All trademarks, logos, emblems, product brand names, service marks and trade names are proprietary to All Pro or other respective owners. The unauthorized use of any trademark displayed on the Website is strictly prohibited.
Rules of Acceptable Behavior
Any functions provided on the Website that allows users to submit comments, job applications, resumes, posts, text, video content, audio content, photographs, computer code and computer applications (each a “Submission”) are provided for the Website’s users. All Submissions are not under the control of All Pro and are not information or opinions of All Pro. All Pro does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such Submissions. Use of any Submission is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections of the Website to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, recommendation or favoring by All Pro. All Pro is not responsible for and expressly disclaims all liability for, damages of any kind arising from use of, reference to, or reliance on any Submissions. All Pro makes no guarantees or warranties with respect to Submissions, including but not limited to, any express or implied warranties of merchantability or fitness for a particular use or purpose. Display of any Submission does not constitute approval or endorsement by All Pro.
You shall not upload to, distribute or otherwise publish through the Website any content that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violates any law, including but not limited to criminal, trademark, trade secret, and copyright law. You shall not post Submissions that encourage or promote illegal activity, Submissions that discuss illegal activities with the intent to commit them, or Submissions that may give rise to civil or criminal liability in any way, or that violate federal, state, or local laws. You shall not post Submissions containing spam, commercial or advertising content. You shall not post Submissions containing links to any website that violates any section of these Terms of Use. You shall not in any manner impersonate anyone else or misrepresent your true identity. You should not post any Submissions that contain private information, nor should you assume that postings are completely anonymous.
By posting Submissions, you automatically grant, or warrant that the owner of such content has expressly granted All Pro the royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, transmit, excerpt, host, index, cache, tag, encode, create derivative works from, distribute, perform and publicly display such content in an electronic environment in any form or media now known or hereinafter developed, any Submission(s) posted by you on or to the Website. This means that anything submitted by you to All Pro may be used by All Pro for any purpose, now or in the future, without any payment to, or further authorization by, you. By making a Submission, you are consenting to its display on the Website and for related online and offline promotional websites.
You are solely responsible for the content of your Submissions. You agree that All Pro has the right to edit, remove, move, modify or delete any Submissions for any reason whatsoever, or for no reason at all. All Pro reserves the right to filter from the Website all Submissions from individuals who display persistent behavior contrary to the Terms of Use governing use of the Website. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Depending on the nature of the violation, All Pro shall have the sole discretion to terminate your access to the Website. Please be advised that All Pro will fully cooperate with any law enforcement authorities or court order requesting or directing All Pro to disclose personal information (in accordance with the Privacy Policy of the Website) of anyone whose Submission(s) violates the foregoing terms.
In order to post any Submissions, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to All Pro’s Privacy Policy.
Disclaimer of Warranties
THE WEBSITE, ALL CONTENT AND PRODUCTS ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE STATED HEREIN OR OTHERWISE PROVIDED TO YOU AT TIME OF PURCHASE, ALL PRO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY SERVICES, CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SOFTWARE OBTAINED THROUGH THE WEBSITE. ALL PRO MAKES NO WARRANTY THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR-FREE, OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. ALL PRO FURTHER DISCLAIMS ANY WARRANTY THAT THE INFORMATION OR RESULTS OBTAINED THROUGH USE OF THE APPLICATIONS OR SERVICES IS ACCURATE OR TIMELY, OR THAT RESULTS OBTAINED THROUGH THE USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE WILL MEET YOUR NEEDS. USE OF ANY INFORMATION OBTAINED THROUGH USE OF THE WEBSITE AND RELIANCE UPON SUCH INFORMATION OR RESULTS OR SERVICES WILL BE AT YOUR OWN RISK.
Disclaimer of Liabilities
ALL PRO SHALL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE WEBSITE, PURCHASE OR USE ANY OF THE SERVICES, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR INFORMATION PROVIDED BY ALL PRO OR ANY THIRD PARTIES THROUGH THE WEBSITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ALL PRO HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL ALL PRO’S LIABILITY TO YOU EXCEED THE PURCHASE PRICE FOR THE PRODUCT OR SERVICES GIVING RISE TO A CLAIM OR LIABILITY.
Indemnification
You hereby agree to indemnify, defend and hold All Pro and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or otherwise arising from your Submissions and/or use of the Website, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. All Pro reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination
All Pro may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, or no reason, whatsoever.
Jurisdiction and Applicable Law
This Agreement will be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. You hereby submit to and agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Lorain County, Ohio courts and U.S. federal courts located in Northeast Ohio.