WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.
1. General.
This site is owned and operated by The America On the Move Foundation, Inc. ("AOMF"). AOMF has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
2. Restrictions on Use.
A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Any conduct by you that in AOMF's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. Without AOMF's express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site.
B. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws and international 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 as an informational resource for your personal, non-commercial 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 AOMF and the copyright owner. In the event of any permitted copying (including the single copy download described above), redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright notice or other proprietary notice shall be made, and all such attributions, legends and notices shall be included. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
C. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark 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 the site, you automatically grant, or warrant that the owner of such material has expressly granted AOMF 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 the site to access, view, store or reproduce the material for that user's personal use. You grant AOMF the right to edit, copy, display, publish and distribute any material made available on the site by you.
D. The foregoing provisions of Section 2 are for the benefit of AOMF, its subsidiaries, affiliates 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.
3. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER AOMF, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE 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 THE SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, MISTAKE, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DISCLOSURE OF COMMUNICATIONS, 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 AOMF 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.
D. IN NO EVENT WILL AOMF, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE 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 DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF AOMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 AOMF'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 OR ON YOUR BEHALF BY YOUR EMPLOYER, IF ANY, FOR ACCESSING THIS SITE.
4. Monitoring.
AOMF may make available to users of this site e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication by means of the Site (collectively, the "Forums"). AOMF cannot review all communications made on or through the site. However, AOMF shall have the right, but not the obligation, to monitor the Forums, to determine compliance with these conditions of use, any other agreements regarding use of AOMF's services, and any operating rules established by AOMF and to satisfy any law, regulation or authorized government request. AOMF shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, AOMF shall have the right to remove any material that AOMF, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
5. Unsolicited Email.
You agree not to use the Forums or any other area of the site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the site or any equipment owned or operated by AOMF or on behalf of AOMF in connection with the site. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
6. Indemnification.
You agree to defend, indemnify and hold harmless AOMF and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
7. Trademarks.
AMERICA ON THE MOVE®, ON THE MOVE® and their corresponding logos used on the site are service marks of AOMF. All rights are reserved. All other trademarks appearing on the site are the property of their respective owners. You agree not to use any trademarks, service marks, names, logos, or other identifiers of AOMF without the prior written permission of AOMF. In addition, you may not use such trademarks (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of AOMF; (c) in a manner likely to cause confusion; or (d) in a manner that implies inaccurately that AOMF sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
8. Third Party Content.
AOMF is a distributor (and not a publisher) of content supplied by third parties and users of the site and, therefore, AOMF has no more editorial control over such content than does a public library or bookstore. Any opinions, advice, statements, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of AOMF. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. AOMF neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized AOMF spokespersons acting in their official capacities.
9. Links.
This site may provide links to other Internet sites. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or with the products and services of AOMF. AOMF is not responsible for the availability of such other sites and is not responsible or liable for any content, products or other materials available on such other sites. Further, AOMF reserves the right to terminate any link or linking program at any time. AOMF does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that AOMF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
10. Viruses.
AOMF assumes no responsibility and shall not be liable for any damage to your computer equipment or other property on account of Disabling Devices (as defined below), your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. "Disabling Device" is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, timebomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
11. Modifications.
AOMF has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
13. Privacy.
AOMF's Privacy Policy, as amended from time to time, is hereby incorporated by reference.
14. Miscellaneous.
AOMF maintains and operates this site from its offices in the state of Massachusetts, United States. These terms of use shall be construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Massachusetts, acknowledge that venue is proper in any state or Federal court in the State of Massachusetts, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Massachusetts, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. 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. 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.
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