Terms of Use

YOU (EITHER AN INDIVIDUAL OR ENTITY) AGREE TO READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

 

Introduction

 

These Terms of Use describe the nature of this Website and the terms on which you may use it. BY USING THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. The Association for Delivery Drivers, Inc. (referred to herein as "us" or "we") reserve the right, in our sole discretion, to change, add or remove any portion of these Terms of Use at any time by posting new Terms of Use on this Website. Please review these Terms of Use each time you use this Website. YOUR USE FOLLOWING POSTED CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY CHANGES, PLEASE DO NOT USE THIS WEBSITE.

 

1. Ownership

 

(a) This Website is owned by us. All materials, excluding user content, contained in this Website (the "Materials") are either owned by or licensed to us and are protected by intellectual property and other laws. We and our licensors retain all proprietary rights to the Materials. This Website is Copyright © 2010 Association for Delivery Drivers, Inc. All rights are reserved. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or retransmission of the Materials is strictly prohibited. Notwithstanding the foregoing, you may download the Materials for your personal non-commercial use or to share with others for their personal non-commercial use, provided you keep intact all proprietary and other notices.

 

(b) We do not claim any ownership rights in the text, files, images, video, sounds, works of authorship, or other materials that you post on or through this Website (collectively, "Content"). After posting Content on or through this Website, you continue to retain all ownership rights in such Content. By posting Content on or through this Website, you hereby grant to us a license to use, modify, publicly perform, publicly display, reproduce and distribute such Content for any purpose without compensation to you. The license to us is nonexclusive, fully paid and royalty-free, sub licensable and worldwide.

 

You represent and warrant that (i) you own or control all applicable rights or you have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the Content, (ii) you have the right to grant the license set forth in this section, and (iii) the posting of your Content on or through this Website or its use by us does not and will not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person or entity. You agree to pay for all royalties, fees or other amounts owed to any person or entity for any Content posted by you on or through this Website or our use of the Content in accordance with this license.

 

2. Information on this Website

 

This Website provides information about us and may include data regarding our services, information pertaining to (among other things) our members, industry information and third party resources and services that may be of interest to users of this Website. This Website may also include member-generated Content.

 

3. Services

 

This Website provides access to a number of professional and other services offered by us and third parties that may be available to users, including reference and educational information. This Website does not, directly or indirectly, provide advice or guidance with respect to such services, including, but not limited to, services concerning your tax and accounting matters, insurance and pension plan benefits, or legal issues. This Website makes no claim or representation regarding - and accepts no responsibility for - the quality or reliability of any services provided by third parties to you that may be made accessed through use of this Website. We are not an insurance company, nor do we make any decisions with respect to insurance policy coverage criteria, specific insurance policy terms and conditions, or premiums or other payment obligations in connection with any insurance policy, plan or program or any pension plan benefit for which you may apply through use of this Website. All such determinations shall be made solely by the applicable insurer or plan administrator. Articles, commentary and other information contained on this Website are intended to be for general academic and illustrative purposes and are not intended to guide the decisions of any individuals.

 

4. Modifications to this Website

 

We may at our sole discretion change, suspend or discontinue any aspect of this Website at any time, including the availability of any Website feature, database or content. We may also impose limits on certain features and services or restrict users' access to parts or all of this Website without notice or liability.

 

5. Monitoring

 

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any Content anywhere on this Website, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, we do not and cannot review all Content posted to this Website by users and we are not responsible for any such Content.

 

6. Privacy

 

You may provide certain information to us while using this Website. Our use of this information will be governed by our Privacy Policy.

 

7. Internet Use

 

You should be aware of the general risks of transmitting information over the Internet. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, backing up of data, and protection from "viruses," "worms," "Trojan horses" or other malicious or damaging computer software.

 

8. Prohibited Activities

 

The following activities are not permitted on this Website and are a material breach of these Terms of Use:

  1. Using this Website for any purpose in violation of local, state, national or international laws;
  2. Posting material that infringes on the intellectual property rights or privacy rights of others;
  3. Posting material that is unlawful, threatening, harassing, malicious, hateful, abusive, slanderous, defamatory, obscene, embarrassing to others or otherwise contrary to the purpose of this Website, as determined by us in our sole discretion;
  4. Posting material that restricts or inhibits other users from using or enjoying this Website;
  5. Posting material that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability;
  6. Posting material that contains a virus or other harmful component or false or misleading statements of origin or fact;
  7. Collecting information about others without their written consent; and
  8. Engaging in any other conduct that is contrary to the purpose of this Website or, as determined by us in our sole discretion, that exposes us or any other person or entity related to this Website to any liability or detriment.

 

9. No Endorsement

 

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content or other information displayed, distributed or otherwise accessible on or through this Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.

 

10. Links

 

We, our members and other users may provide links to other Websites, for your convenience. However, we do not review, endorse, approve or exercise any control over the content of linked Websites. We make no claim or representation regarding and accept no responsibility for, the quality, content, nature or reliability of Websites accessible by link from this Website, or Websites linking to this Website. The use of any such Websites is at your risk, and is subject to the Terms of Use applicable to such Websites.

 

11. DISCLAIMER OF WARRANTIES

 

WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE FUNCTIONING OF THIS WEBSITE, OR THE INFORMATION CONTAINED ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO IT IN ANY WAY. WE ASSUME NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR SERVICES OBTAINED THROUGH USE OF THIS WEBSITE. OPERATION OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED. Without any limitation of the foregoing, we do not warrant that the functions contained in this Website or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties so some of the above may not apply to you.

 

12. LIMITATION OF REMEDIES

 

WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION, FUNCTIONS OR SERVICES ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In no event shall our total liability to you for all damages, causes or causes of action (whether in contract or tort, including but not limited to negligence) arising from these Terms of Use or your use of this Website exceed the amount paid by you, if any, to use this Website.

 

13. Indemnification

 

You agree to indemnify, defend and hold us harmless from any claims, costs (including reasonable attorneys' fees), losses, expenses, settlements and judgments, arising from or related to your violation of these Terms of Use, your violation of the rights of or dispute with any other person or entity, or your use of this Website.

 

14. Copyright Infringement

 

We respect the intellectual property of others, and ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify us by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Managing Director.

 

15. Jurisdiction

 

You agree that the courts of Texas have exclusive jurisdiction over any dispute you have with us, and you expressly consent to personal jurisdiction in such courts in connection with any such dispute or a dispute involving any of our affiliates, subsidiaries, employees, agents, officers, directors and contractors. These Terms of Use are subject to the substantive laws of Texas, without respect to its conflict of laws principles.

 

16. Termination

 

These Terms of Use constitutes a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. If you become dissatisfied with this Website, in any way, your only recourse is to immediately discontinue use of this Website.

 

17. General Provisions

 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either you or us to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. Except as explicitly stated otherwise, any notices shall be given by e-mail to us at admin@a4dd.org and to you the e-mail address you provide to us. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. You agree that any cause of action arising out of or related to this Website or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use comprises the entire agreement between you and us and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions of these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.