|
Read This Terms of Use Agreement Before Accessing Website. Effective Date: This Terms of Use Agreement was last updated on 27 August 2007. This Terms of Use Agreement sets forth the standards of use of the BusRescue.Com Website, an Online Service for Registered Members. BusRescue.com is owned and operated by TDS Enterprises, LLC of Minnesota. By using the BusRescue.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at [Insert Name of Company/Website Address].com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 1.Description of Service BusRescue.com is providing Member with a web based application designed to help Member connect with other Member or other Service Providers through the use of the BusRescue.com application. . Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. BusRescue.com does provide limited service or information to the general public (non member), but does not does not provide full benefits of all services unless a membership is created. Member will have the option to sign up on a monthly or yearly basis, with recurring billing in effect for both. The full services available to choose from are as defined here (services page of website) 2.Disclaimer of Warranties. (a)The site is provided by BusRescue.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, BusRescue.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BusRescue.com shall have no liability for any interruptions in the use of this Website. BusRescue.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable (b)With out limitation on the foregoing: (c)BusRescue .com does not warrant that the site will operate with out error or that the site and its server are free of computer viruses or other harmful agents. BusRescue.com will not be responsible for replacing any equipment or data that is deemed necessary to replace as a result of using busrescue.com either directly or indirectly. (d)BusRescue.com makes no guarantees regarding the truthfulness, accuracy, completeness or reliability of any information listed as associated to respective members information or database entries. (e)BusRescue.com does not warrant any of the information in the main source database of providers. This data was collected from the James J Hill Library as connected to the D&B Selectory database. (f)BusRescue.com does not warrant any changes made to a members account and the impact said changes will have on the performance of the busrescue.com provider search results. (g)BusRescue.com does not warrant any results as an outcome of two members doing business together.
(h)BusRescue.com does not warrant any Yahoo geo search results or address provided by Yahoo Maps through the application. 3.Limitation of Liability BusRescue.com SHALL NOT be liable for any damages whatsoever, and in particular BusRescue.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BusRescue.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. 4.Indemnification Member agrees to indemnify and hold BusRescue.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. 5.Privacy Policy BusRescue.com does not release any information about its members in mass distribution in the form of list renting and list selling. BusRescue.com will make public to other members the information that the Members provides to us as a part of “find me” or “locate a bus” functionality. All other information will not be released to the public for any reason. While BusRescue.com will make every attempt to keep member information, not part of the “find me” or “locate me” functionality, it can not be responsible for misuse of this information through unlawful acts of third parties, including members who maliciously gather and distribute information. 6.Members Account All Members of the Service shall receive two accounts and a password for each account. The first account will be deemed an administrative account and the second a standard account. The administrative account will be able to modify all changes including billing, equipment, addresses, names and numbers. The standard account simple allows the system to be used by more than one individual simultaneously. Members are entirely responsible for any and all activities which occur under their accounts whether authorized or not authorized. Member agrees to notify BusRescue.com of any unauthorized use of Member’s accounts or any other breach of security known or should be known to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of BusRescue.com. a.Account registration. At the time of registration each Member shall be responsible for selecting the type of membership and the payment increment, either monthly or yearly. b.Account modifications/cancellations. Upon cancellation of account by Member, BusRescue will not refund a partial month of service. Once an account has been created and payment has been made, the account will be in effect for a minimum of 30 days which is the paid for period. Members who paid for a year upfront and received the two free months, the two free months are defined as months 11 and 12 of the billing year. If a member cancels an account that was paid at the yearly rate, they will be refunded for months of service not used through the first 10 months of the billing cycle. A month of service is defined as a month where any day in the month the account was active. Cancellations will be effective the following month, through the 10th month of their 12 month billing cycle. If a member upgrades their account during the middle of a billing cycle, they will be charged for the difference at the monthly rate effective the following month, however, they will immediate access to all functions at the current level. For upgrades with a yearly payment, they will be charged the difference in the upgraded yearly price, less the amount already expired to date. If a client is on a monthly plan and upgrade and chooses to go to the yearly plan, they will be charged for a full year and their new annual billing cycle will start at that point. 7.Modifications and Interruption to Service BusRescue.com reserves the right to modify or discontinue the Service with or without notice to the Member. BusRescue.com shall not be liable to Member or any third party should BusRescue.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BusRescue.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 8.Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites. 9.Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BusRescue.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. BusRescue.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. 10.Governing Jurisdiction of the Courts Minnesota Our website is operated and provided in the State of Minnesota. As such, we are subject to the laws of the State Minnesota, and such laws will govern this Terms of Use and the interpretation of this agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Minnesota. Members agree that any suite or cause of action will be commenced only in the US District court of Minnesota or in Minnesota District Court of Ramsey County. 11.Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 12.Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 BusRescue.com, with all rights reserved, or is the property of BusRescue.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BusRescue.com is strictly prohibited. BusRescue.com™ and BusRescue.com.com™ are proprietary marks of BusRescue.com.com. BusRescue.com’s trademarks may not be used in connection with any product or service that is not provided by BusRescue.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BusRescue.com. All other trademarks displayed on BusRescue.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BusRescue.com. Use of such marks s under the control of the Mark’s respective owners and is to be used only with the consent of such owner. 13.Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BusRescue.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Roger L Belfay 14.Botnets BusRescue.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BusRescue.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 15.Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BusRescue.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable]. |