PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE. BY
USING THIS SITE, YOU AGREE TO THESE TERMS OF USAGE. IF YOU DO NOT AGREE
TO THESE TERMS OF USAGE, YOU MAY END THIS AGREEMENT AT ANY TIME BY
DISCONTINUING USE OF THIS SITE AND DELETING ALL MATERIAL RETRIEVED FROM IT.
General
This site is owned and operated by theFreightBoard (TFB).
TFB has the right at any time to change or discontinue any
aspect or feature of this site, including, without limitation, the content,
hours of availability, and equipment needed for access or use of this site.
Equipment
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to
and use of this site and all charges related thereto.
Restrictions on Use
You shall use this site for lawful purposes only. You shall not post or
transmit through this site any material which:
Violates or infringes in any way upon the rights of others;
Is unlawful;
Is threatening;
Is abusive;
Is defamatory;
Is invasive of privacy or publicity rights;
Infringes upon copyright rights;
Is vulgar;
Is obscene;
Is profane, harassing or constitutes stalking;
Which encourages conduct that would constitute a criminal offense;
Which gives rise to civil liability or otherwise violates any law.
At the present time, advertising placed through the "classified" section
of TFB is provided free of charge to non-commercial advertisers.
TFB retains the right, at any time and with reasonable notice to
the advertiser, to charge a rate deemed suitable by TFB for
advertisements placed in the "classified" section. If there is notice given
to you of a rate change, and you decide that you do not wish to continue to
advertise, then you will have no further obligation and no other actions
need be taken by you. If after notice of a rate change you do not agree to
pay the rate, then TFB will remove your ad from the "classified"
section at no cost or charge. You also agree that any advertisements you
post in the "classified" section will not violate any of the terms set out
in the paragraphs above. Any conduct by you that in TFB's
discretion restricts or inhibits any other user from using or enjoying
this site will not be permitted. TFB retains the right to
withdraw advertising from the "classified" section of TFB at
any time without notice. Whether placed free of charge or at cost, you
shall not post or transmit through this site any material which contains
advertising for, or solicitation of, users to become subscribers of some
other on line information service which is competitive with this site.
No postings shall be displayed on this site (free or otherwise) by
competitors of TFB without prior written permission of the
management of TFB. This site contains copyrighted material
and other proprietary information, including, without limitation, text,
software, photos, video, graphics, and the contents of this site are
copyrighted under the United States copyright laws. You may not modify,
publish, transmit, display, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or
in part. You may download one copy of any copyrighted material for your
personal, non-commercial home use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express written permission of TFB and
the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of
author attribution or copyright notice shall be made. You acknowledge
that you do not acquire any ownership rights by downloading copyrighted
material. You shall not upload, post or otherwise make available on the
site any material protected by copyright or other proprietary right
without the express permission of the owner of the copyright or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with you. You shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting material
to any public area of this site, you automatically grant, or warrant that
the owner of such material has expressly granted TFB the
royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, display, translate and
distribute such material (in whole or in part) and/or to incorporate it
in other works in any form media or technology now known or hereafter
developed. You also permit any other user of this site to access, view,
store or reproduce the material for that user's personal use. You grant
TFB the right to edit, copy, display, publish and distribute
any material made available on this site by you. The foregoing provisions
are for the benefit of TFB, its affiliated partners and its
third party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty - Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER
TFB, ITS AFFILIATED PARTNERS NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT
THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR
MERCHANDISE PROVIDED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES
AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE. THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR
(INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TFB IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. IN NO EVENT WILL TFB, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE
CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL
OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE
OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE
SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TFB'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnification
You agree that for any information that you place with TFB
including but not limited to advertising, that TFB is not
responsible to indemnify you, defend you or hold you harmless for any
liability arising out of the advertising or advertising content supplied
by you. You specifically agree to indemnify, defend and hold harmless
TFB against all claims or demands by anyone for any loss,
liability, action, claims, demands, injury, damage and/or expense arising
out of or resulting from the publication, production, broadcast or any
other transmission of your advertisement or content of your advertisement
of whatever kind or nature, including but not limited to claims for
copyright infringement, trade-mark infringement, libel, slander or any
other claim that in any way arises out of the publication, production,
broadcast or any other transmission of the advertisement or advertising
content. You agree that this indemnity agreement will apply regardless of
whether the claim or demand being made is based on the negligence or
gross negligence of TFB and regardless of whether the
negligence is the sole, joint or concurrent negligence of TFB's
monitoring. TFB shall have the right, but not the obligation
or duty, to monitor the content of this site [including chat rooms and
forums], to determine compliance with these conditions of use and any
operating rules established by TFB and to satisfy any law,
regulation or authorized government request. TFB 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, TFB shall have the right to remove any material
that TFB, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
Miscellaneous
These terms of use constitute the entire agreement of the parties with
respect to the subject matter hereof and supersede all previous written or
oral agreements between the parties with respect to such subject matter.
These terms of use shall be construed in accordance with the laws of the
State of Indiana, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be
given any legal import.