Terms of Use for TruckRealm.com
Version 1.0
Last Updated: March 16, 2000
By using this site, you signify your agreement to all
terms, conditions, and notices contained or referenced herein (the "Terms of
Use"). If you do not agree to these Terms of Use please do not use this website. We
reserve the right, at our discretion, to update or revise these Terms of Use.
Third Party Websites
This website may produce automated search results or
otherwise link you to other websites on the Internet. Some of our website functionality,
including Internet searches and web-based yellow pages information are processed by third
party websites. These websites may have materials, information, software, products, and
services ("Content") that some people may find inappropriate or offensive. We do
not endorse the Content of any third party website, nor can we warrant that they will not
contain viruses or otherwise impact your computer. These other websites are not under our
control and you acknowledge that we are not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of such websites.
Software
If you use CROSSMASTER-HD (r) or any other software that we
may provide online from time to time, your use of the software (the "Software")
constitutes your additional acceptance and agreement of the following:
You understand that we provide no assistance,
including any technical or customer support, in the use of the Software, and that your use
of the Software is at your own risk. The Software is
provided "AS IS" and "AS AVAILABLE" and no warranties are provided,
except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
We are in no way liable for any claims arising from
your use of the Software. As a condition of your use, you agree to indemnify us for all
claims relating to your downloading, use, reproduction of, and/or receipt or distribution
of content through, the Software. We reserve the right, in our sole discretion and at any
time, to modify or discontinue the Software; limit, terminate or suspend your use of the
Software; and/or make changes to this agreement.
Advertisers
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through this website, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and
such advertiser. You agree that Karmak, Inc. shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on this website.
Proprietary Rights
You acknowledge and agree that all content and materials
available on this website are protected by copyrights, trademarks, service marks, patents,
trade secrets, or other proprietary rights and laws. Except as expressly authorized by
Karmak, Inc., you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding the above, you may print or download
one copy of the materials or content on this website on any single computer for your
personal, non-commercial use, provided you keep intact all copyright and other proprietary
notices. Systematic retrieval of data or other content from this website to create or
compile, directly or indirectly, a collection, compilation, database or directory without
written permission from Karmak, Inc. is prohibited. In addition, use of the content or
materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution
for commercial purposes of any materials or design elements on this site is strictly
prohibited without the express written permission of Karmak, Inc. Permission is granted
only when certain limited criteria are met. For information on requesting such permission,
please click send correspondence to the e-mail or mailing address at the end of this
document.
User Contributions to the Website
There are many opportunities for you to contribute to
the website and to communicate with other users of the website. This "Content"
includes, among others, uploading comments, articles, links, software, or other materials
to the website. We are not liable or responsible for any Content provided by the users or
other third parties to the website or to other users of the website by email ("User
Content"). The contributions of third parties do not necessarily represent the view
or opinions of Karmak, Inc. We can not preview User Content before it appears or is sent
to another user. Users can be held liable for any illegal or prohibited User Content they
provide to the website or to other users, including among other things, infringing,
defamatory or offensive materials. However, if you discover this kind of material on the
website, please notify us at jrschien@KARMAK.COM.
We will investigate your claim and take appropriate action.
Prohibited Content
The following is a partial list of the kind of Content or
conduct which is illegal or prohibited on the website. It includes Content or conduct
that:
* Is patently offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
* Is or could be harmful to minors;
* Harasses or advocates harassment of another person;
* Involves the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
* Promotes information that you know is false, misleading, or promotes illegal activities
or conduct;
* Interferes with or disrupts the service or servers or networks connected to the service,
or disobeys any requirements, procedures, policies or regulations of networks connected to
the service;
* Is abusive, threatening, obscene, defamatory or libelous;
* Is or promotes an illegal or unauthorized copy of another person's work, such as
providing pirated computer programs or links to them, provides information to circumvent
manufacture-installed copy-protect devices;
* Contains restricted or password only access pages, or hidden pages or images (those not
linked to or from another accessible page);
* Displays pornographic material of any kind;
* Provides material that exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under 18;
* Provides instructional information about illegal activities such as making or buying
illegal weapons;
* Violates someone's privacy;
* Provides or creates computer viruses;
* Solicits passwords, personal identifying information for commercial or unlawful purposes
from other users;
* Engages in commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, pyramid schemes, etc.; and
* Involves sending unsolicited and/or unauthorized email to third parties.
User's Grant Of Limited License
By posting or submitting content to this website, you
grant Karmak, Inc. and its affiliates and licensees the right to use, reproduce, display,
perform, adapt, modify, distribute, have distributed, and promote the content in any form,
anywhere and for any purpose. You further warrant and represent that you own or otherwise
control all of the rights to the content and that public posting and use of your content
by Karmak, Inc. will not infringe or violate the rights of any third party.
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE "CONTENT") ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS
PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, AND THUS THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (v) ANY OTHER MATTER
RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS
DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Upon a request by Karmak, Inc., you agree to defend,
indemnify, and hold harmless Karmak, Inc. and its subsidiary and other affiliated
companies, and their employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from your use or misuse of
this website. Karmak, Inc. reserves the right, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will
cooperate with Karmak, Inc. in asserting any available defenses.
International Use
We make no representation that materials on this
website are appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited. Those who
choose to access this website from other locations do so on their own initiative and are
responsible for compliance with local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed
in accordance with the laws of the State of Illinois. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or relating to these Terms
of Use or your use of this site shall be filed only in the state or federal courts located
in the State of Illinois, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and Karmak, Inc. with respect to this website
and supersedes all prior or contemporaneous communications and proposals (whether oral,
written, or electronic) between you and Karmak, Inc. with respect to this website. If any
part of these Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain in full
force and effect.
Termination
We reserve the right, in our sole discretion, to terminate
your access to all or part of this website, with or without notice.
Changes to our Terms of Use
From time to time, we may change our Terms of Use. Your
continued use of this website following the posting of any changes to the Terms of Use
constitutes acceptance of those changes. You may view the most current version at: http://www.truckrealm.com/terms.html.
Contacting the Website
If you have any questions about this Terms of Use
agreement, the practices of this website, or your dealings with this website, you can
contact
Karmak, Inc.
1 Karmak Plaza
Carlinville, IL 62626
jrschien@karmak.com
(c) 2000 Karmak, Inc. All rights reserved.
