Terms of Usage

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.