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Posted 01/31/07
TERMS AND CONDITIONS FOR SITE USE - SOARR .COM
- Acceptance of Terms through Use of Site.
In consideration of your use of the
www.soarr.com web site (the Site) of Interstate
Online Software, Inc. (IOS), you agree to all of
the terms, conditions, and notices contained or
referenced in the Site (the Terms and
Conditions). If you do not agree to these Terms
and Conditions, do not use the Site or any
service provided therein. IOS reserves the right
to amend, update, or revise these Terms and
Conditions. The Terms and Conditions are
effective from the time they are posted on the
Site. Your continued use of the Site following
the posting of any changes to the Terms and
Conditions constitutes acceptance of those
changes.
- Prohibited Conduct. You agree (i) not
to use the Site to upload or distribute in any
way files that contain viruses, corrupted files,
or any similar software or programs that may
damage the operation of another's computer; (ii)
not to interfere or disrupt the Site or any
networks connected to the Site; (iii) not to use
any device or software or attempt to interfere
with the proper functioning of the Site or any
transactions being offered at the Site; (iv) not
to use the Site to collect or harvest personal
information, including, without limitation,
financial information, about other participants
at the Site; and (vi) not to impersonate any
person or entity or falsely state or otherwise
misrepresent your affiliation with a person or
entity. You agree not to use the services,
products, or downloads available at the Site for
illegal purposes, and to comply with all
regulations, policies, and procedures of
networks connected to the Site.
- Copyright. The content of the Site is
protected by copyright. You may not copy,
distribute, or create derivative works from any
part of the Site (including its graphics,
pictorial matter, and text) without the prior
written consent of IOS, unless expressly
permitted by the Site. You further acknowledge
and agree that information presented to you
through the Site, including text, graphics,
logos, icons, images and software, and the
arrangement and compilation of such content, are
the property of IOS or its content suppliers and
is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and
laws. IOS does not grant any license or
authorization to any user of its copyrightable
material or other intellectual property, by
placing them on the Site. Furthermore, except as
stated herein, none of the material may be
copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in
any form or by any means, including, but not
limited to, electronic, mechanical,
photocopying, recording, or otherwise, without
the prior written permission of IOS or the
copyright owner. However, you may print a copy
of the information on the Site for your
personal, non-commercial internal use or
records. In so doing, you may not modify the
materials and you agree to retain all copyright
and other proprietary notices contained in the
materials. This permission does not give you any
ownership rights in the information and
terminates automatically if you breach any of
these terms or conditions. If you make any other
use of the Site, except as otherwise provided
herein, you may violate copyright and other laws
of the United States, other countries, as well
as applicable state laws and may be subject to
penalties.
- Trademarks. Names, logos, designs,
titles, words, or phrases within the Site,
including but not limited to SOARRTM, SOARR SOLD
ON ARRIVALTM and INTERSTATE ONLINE SOFTWARETM
are trademarks, service marks, or tradenames of
IOS and may not be used without the prior
written permission of IOS. IOS claims no
interest in marks owned by other entities not
affiliated with IOS which may appear on the
Site. IOS prohibits use of any of the forgoing
names or marks as a metatag or as a hot link to
any IOS site unless establishment of such a link
is approved in advance by IOS in writing. If you
have any questions regarding any trademarks on
the Site, please contact IOS.
- No Confidentiality/Grant of License.
You agree and understand that any information
submitted through the I Need a Truck! link will
be shared with any or all third party truck
dealers, and that IOS bears absolutely no
responsibility for, and makes no warranties,
representations, or guarantees with respect to,
how that information is used, distributed, or
held by such third parties. Other content you
submit through the Site, including information,
feedback, data, questions, comments, suggestions
or the like shall be deemed not to be
confidential, and you grant IOS a worldwide,
royalty-free, and non-exclusive license(s) to
edit, reproduce, use, disclose, and distribute
the response to others without limitation or
compensation, including for use in developing,
manufacturing, and marketing products and
services incorporating any of the ideas,
concepts, or techniques referred to in the
response, communication, or submission.
- No Links; No Endorsement. No
hyperlinks to the Site are permitted without
IOS's prior written consent, and IOS does not
endorse, sponsor, or recommend any ideas,
products, or services by a third party who has
linked to the Site. Any links to third party web
sites are not an endorsement, sponsorship, or
recommendation of the third parties or the third
parties ideas, products, or services. Similarly,
any references in the Site to third parties and
their products or services do not constitute an
endorsement, sponsorship, or recommendation. Any
references or hyperlinks to third party web
sites contained in stories or other materials
submitted through the Site are subject to
removal.
- No Guaranty of International Service or
Compliance. The Site was designed for and is
operated in the United States. The Site may be
viewed internationally and may refer to IOS
products, services, and programs that are not
available in your country or state. These
references do not imply that IOS intends to
provide those products, services, or programs in
your country or state. You are responsible for
compliance with all laws applicable to the
location from which the Site is accessed and
viewed.
- DISCLAIMER OF WARRANTIES. YOUR ACCESS
TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE
MATERIAL IN THIS WEB SITE AND THE SERVICE
PROVIDED THROUGH THIS WEBSITE IS PROVIDED AS IS
AND ON AN AS IS AVAILABLE BASIS WITHOUT ANY KIND
OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS
NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE
PROVIDED BY IOS OR ITS SUBSIDIARIES, AFFILIATES,
COMPANIES, OR RELATED ENTITIES. WARRANTIES, IF
ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN
PURCHASED BY A CUSTOMER. IOS AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
IOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO WARRANTY THAT (i) THE SITE AND THE SERVICES
OFFERED THEREIN WILL MEET YOUR REQUIREMENTS;
(ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR
SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, MESSAGE BOARDS,
INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE AND SERVICES THEREIN
IS ACCESSED AT YOUR OWN DISCRETION AND 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM IOS OR THROUGH OR
FROM THE SITE OR SERVICES THEREIN SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
AND CONDITIONS.
- LIMITATION OF LIABILITY. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT IOS AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR
OMISSIONS IN THE SITE OR ANY SITES THAT ARE
LINKED TO, OR REFERRED TO BY, THE SITE. IN NO
EVENT WILL IOS BE LIABLE FOR ANY DAMAGES CAUSED
BY OR IN CONNECTION WITH USE OF THE SITE OR USE
OF ANY SITE LINKED TO THE SITE. UNDER NO
CIRCUMSTANCES SHALL IOS BE LIABLE FOR ANY
DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THE SITE WHETHER BASED ON
ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF IOS HAS BEEN
ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH
DAMAGE. IN NO EVENT WILL IOS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE EDITING,
REPRODUCTION, USE, DISCLOSURE, AND DISTRIBUTION
OF CONTENT SUBMITTED TO AND/OR THROUGH THE SITE.
- INDEMNITY. YOU AGREE TO INDEMNIFY AND
HOLD IOS AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND
LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND,
INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY
THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF
THE SITE, YOUR VIOLATION OF THE TERMS AND
CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF
ANOTHER.
- Jurisdiction and Venue. You and IOS
agree that the laws of the State of Ohio will
apply to all matters arising from or relating to
use of the Site, whether for claims in contract,
tort, or otherwise, without regard to conflicts
of laws principles. You and IOS also agree and
hereby submit to the exclusive personal
jurisdiction and venue of the Common Pleas Court
of Licking County, Ohio and the United States
District Court for the Southern District of Ohio
with respect to such matters.
- Waiver and Severability of Terms. The
failure of IOS to exercise or enforce any right
or provision of the Terms and Conditions shall
not constitute a waiver of such right or
provision. If any provision(s) of these Terms
and Conditions are held invalid or
unenforceable, those provisions 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 provisions shall remain in full force
and effect.
- Notice and Procedure for Making Claims of
Copyright or Intellectual Property Infringement.
IOS respects the intellectual property of
others, and we ask our users to do the same. IOS
may, in appropriate circumstances and at its
discretion, refuse service. If you believe that
your work has been copied in a way that
constitutes copyright infringement, or your
intellectual property rights have been otherwise
violated, please provide IOS's Copyright Agent
the following information:
- an electronic or physical signature of
the person authorized to act on behalf of
the owner of the exclusive right that is
allegedly infringed;
- identification of the copyrighted work
claimed to have been infringed, or, if
multiple copyrighted works at a single
online site are covered by a single
notification, a representative list of such
works at that site;
- identification of the material that is
claimed to be infringing or to be the
subject of infringing activity and that is
to be removed or access to which is to be
disabled, and information reasonably
sufficient to permit IOS to locate the
material;
- your address, telephone number, email
address or other information reasonably
sufficient to permit IOS to contact you;
- a statement by you that you have a good
faith belief that use of the material in the
manner complained of is not authorized by
the copyright owner, its agent, or the law;
- a statement by you that the information
in your Notice is accurate and, under
penalty of perjury, that you are authorized
to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Please report any claims of copyright or
other intellectual property infringement or any
violations of the Terms and Conditions to IOS's
designated Copyright Agent:
Melinda Wilson, Corporate Attorney
Interstate Online Software, Inc.
P.O. Box 2303
Heath, Ohio 43056
By phone: (740) 587-1695
By fax: (740) 587-1697
By email: melinda@soarr.com
- Separate License Agreement(s). You may
acquire software and/or content from IOS by
download from the Site, or otherwise directly
from IOS. You agree that your use of such
software and/or content shall be strictly in
accordance with the Software License and Online
Service Agreement.
- Registration Data and Privacy. Registration
may be required for you to download from the
Site, or for your participation in certain
services offered at the Site. You must provide
certain current, complete, and accurate
information about you as prompted to do so by
the registration form ("Registration Data"), and
maintain and update such registration
information as required to keep such information
current, complete, and accurate. You warrant
that your Registration Data is accurate and
current, and that you are authorized to provide
such Registration Data. You authorize us to
verify your Registration Data at any time. If
any Registration Data that you provide is
untrue, inaccurate, not current, or incomplete,
IOS retains the right, in its sole discretion,
to suspend or terminate rights to use the
services. Registration Data and certain other
information about you is subject to our Privacy
Policy. Solely to enable IOS to use information
you supply us internally, so that we are not
violating any rights you might have in that
information, you grant to IOS a nonexclusive
license to (i) convert such information into
digital format such that it can be read,
utilized and displayed by IOS's computers or any
other technology currently in existence or
hereafter developed capable of utilizing digital
information, and (ii) combine the information
with other content provided by IOS, in each case
by any method or means or in any medium whether
now known or hereafter devised.
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