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.