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Terms of Use Agreement
between AgFreight.com and the User
The Agfreight.com web site
is offered to you conditioned on your acceptance without modifications
of the terms, conditions and notices herein. Your use of the Agfreight.com
web site constitutes your agreement to all such terms conditions and notices.
Credit Card Users:
If you open a MONTHLY ACCOUNT, YOUR CREDIT CARD WILL BE BILLED AUTOMATICALLY
ON THE SAME DAY EACH MONTH until you request either by telephone (877) 438-5729 ext. 5042, email
or fax (519) 438-5729, that your account be closed.
If your request to cancel your account is received AFTER your monthly
DUE DAY, your account will be closed AT THE END of your paid subscription
and YOUR CARD WILL NOT BE CHARGED FURTHER.
YOUR MONTHLY DUE DAY IS THE DAY YOU BEGIN YOUR SUBSCRIPTION. For example,
if you subscribe to and pay for a monthly subscription on the 17th of
the month, your credit card will be billed on the 17th of each month until
you cancel.
6 MONTH AND ANNUAL ACCOUNTS will only be billed to your credit card
once. Within 30 days of the end of your paid subscription, you will receive
an invoice for the next subscription period. If payment is not received
by the due date, your account will be closed and you will not be billed
further.
Modifications Of These Terms of Use
Agfreight.com reserves the right to change the terms, conditions and
notices under which the Agfreight.com web site is offered, including but
not limited to the charges associated with the use of the Agfreight.com
web site. You are responsible for regularly reviewing these terms and
conditions.
Links To Third Party Sites
The Agfreight.com web site may contain links to other web sites ("Linked
Sites"). The Linked Sites are not under the control of Agfreight.com
and Agfreight.com is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Agfreight.com is providing these
links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Agfreight.com of the site, or any association
with its operators.
No Unlawful Or Prohibited Use
As a condition of your use of the Agfreight.com web site, you warrant
to Agfreight.com that you will not use the Agfreight.com web site for
any purpose that is unlawful or prohibited by these terms, conditions
and notices. You may not use the Agfreight.com web site in any manner
which could damage, disable, overburden, or impair the Agfreight.com web
site, or interfere with any party's use of the Agfreight.com web site.
You may not obtain, or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the Agfreight.com web site.
Use Of Communication Services
The Agfreight.com web site may contain bulletin board services, chat
areas, forums, personal or company web pages, and/or other message or
communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"),
you agree to use the communication services only to post, send and receive
messages and material that are proper and related to the particular communication
service. By way of example, and not as a limitation, you agree that when
using a communication service, you will not:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as the rights of
privacy and publicity) of others.
- Publish, post, up load,
distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
- Harvest, or otherwise collect
information about others, including e-mail addresses, without their consent.
- Violate any applicable laws
or regulations.
Agfreight.com has no obligation
to monitor the communication services. However, Agfreight.com reserves the
right to review materials posted to a communication service and to remove
any materials in its sole discretion. Agfreight.com reserves the right to
terminate your access to any or all of the communication services at any
time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information
about yourself in any communication service.
Materials Provided To, Or Posted On Agfreight.com
Agfreight.com does not claim ownership of the materials you provide
to Agfreight.com (including feedback and suggestions) or post, upload, input
or submit to Agfreight.com. However, by posting, uploading, inputting, providing
or submitting your submission, you are granting Agfreight.com permission
to use your submission in connection with the operation of their internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, reproduce, edit, translate and reformat your
submission; and to publish your name in connection with your submission.
Liability Disclaimer
THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE AGFREIGHT.COM WEB SITE MAY INCLUDE INNACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AGFREIGHT.COM
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE
AGFREIGHT.COM WEB SITE AT ANT TIME.
ADVICE RECEIVED VIA THE AGFREIGHT.COM WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
AGFREIGHT.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY TIMELINESS AND ACCURACY OF THE
INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AGFREIGHT.COM
WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AGFREIGHT.COM
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ON NO EVENT SHALL AGFREIGHT.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
AGFREIGHT.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AGFREIGHT.COM
WEB SITE, OR RELATED SERVICES, THE PROVISION OF OR THE FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE AGFREIGHT.COM WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE AGFREIGHT.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGFREIGHT.COM OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AGFREIGHT.COM WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE AGFREIGHT.COM WEB SITE.
Termination / Access Restriction
Agfreight.com reserves the right, in its sole discretion, to terminate
your access to the Agfreight.com web site and the related services or any
portion thereof at any time, without notice.
General
This agreement is governed by the laws of the state of Colorado, U.S.A..
You hereby consent to the exclusive jurisdiction and venue of the courts
of Moffat County, Colorado, U.S.A. in all disputes arising out of or relating
to the use of the Agfreight.com web site. Use of the Agfreight.com web site
is unauthorized in any jurisdiction that does not give effect to all the
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Agfreight.com as a result of
this agreement or use of the Agfreight.com web site. agfreight.com's performance
of this agreement is subject to existing laws and legal process and nothing
contained in this agreement is in derogation of Agfreight.com's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Agfreight.com web site or information provided
to or gathered by Agfreight.com with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law, including but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and Agfreight.com
with respect to the Agfreight.com web site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Agfreight.com with respect to the Agfreight.com
web site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form.
Copyright Notice:
All contents of the Agfreight.com web site are: Copyright 1999 - 2004
Agfreight.com and/or its suppliers, P.O. Box 746, Craig, Colorado 81625
U.S.A. All rights reserved.
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