Terms of Use

1. Welcome to our Website.

Welcome to the website identified by the domain name www.avalontrans.com (“Website”), and the content and services available at the Website (the Website and such content and services are, collectively, the “Service”). The Service is provided by Avalon Transportation, LLC and its affiliates (“we,” “us,” “our” or “Avalon”) in accordance with these Terms of Use. The “Service” refers to your use of the Website and does not refer to the transportation services we provide to you. Our policies regarding the transportation services we provide to you are set forth in the Transportation Service Policies. [Insert link to Transportation Service Policies.]

2. These Terms of Use Form a Contract.

A. By using the Service, you electronically agree that the following terms govern your use of the Service (the “Terms of Use”). You should not use the Service if you do not agree to these Terms of Use. Please review these Terms of Use carefully since it constitutes a legally binding contract between you and us.

B. By using the Service, you consent to receive notices and updated terms from us electronically, you consent to the terms of our Privacy Policy which are published on the Website, and you consent to resolve any disputes with us in Los Angeles, California. You agree that all content offered through the Service (the “Content”) is licensed, not sold, and subject to copyright and trademark protection. We grant you permission to use the Service and such Content only in accordance with these Terms of Use and the usage rules that accompany the Content.

3. Usage Rules

A. Your use of the Service is limited to your personal, non-commercial use. You may not copy or download any part of the Service. Your use of these features is limited to your personal, non-commercial use, and you may not otherwise copy or distribute the Content or otherwise use the Content for any other purposes.

B. You will not attempt to alter or modify any part of the Website or use the Website for any purpose other than its intended purpose, and subject to these Terms of Use.

C. In order to access certain portions or features of the Service, we may require that you register with us and establish an account. As part of the process of establishing an account, you will be required to complete an Online Credit Card Authorization [Insert link to Credit Card Authorization page]. These Terms of Use also apply to the Credit Card Authorization form. You will not use the account of another person without permission. When you create an account, you agree to provide accurate and complete information. You are solely responsible for any activity on your account and for maintaining security of your password. You will notify us immediately after you become aware of any unauthorized use of your account. We will have no responsibility for any loss or expense you incur by reason of the use of your account, whether authorized or unauthorized, and you agree to hold us harmless for any expenses or losses we may incur by reason of the use of your account.

D. You will not attempt to collect or harvest any personally identifiable information, including account names of your other users of the Service. You will not solicit any users of the Service for any commercial purposes. You will not use the Service to communicate with other users or for any commercial purpose.

E. You will not use the Service in any way that may damage, disable, overburden, or impair our servers or networks or interferes with any other party’s use and enjoyment of the Service. You will not try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.

F. You also understand and agree that the Service may include certain communications from us, such as service announcements and administrative messages, and that these communications are considered part of your account with us and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including any new Service, shall be subject to these Terms of Use.

4. Ownership of the Content and the Website

A. The Content and the Website are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. We, our vendors, licensors and suppliers who provide the Content on the Service own the property rights to the Content. All rights in such Content are reserved with the owners of such Content. You may only use the Service subject to the terms of these Terms of Use and the Usage Rules that apply to the Content.

B. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) 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;

(3) 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 the service provider to locate the material;

(4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(5) A statement 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; and

(6) A statement that the information in the notification 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.

Our designated Copyright Agent to receive DCMA notices (notifications of claimed copyright infringement) is: email:CopyrightAgent@avalontrans.com, telephone: 310-437-0190, fax: 425-928-6957. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through: email: Customerservice@avalontrans.com; telephone: 718-247-7610; fax: 718-504-4767. You agree that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

5. License

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Content and Service subject to the terms of these Terms of Use and the Usage Rules that apply to such Content. You may not use the Service in a manner that exceeds the rights granted for your use of the Service and its Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may access, transfer or use the Service on such software, personal computers and/or devices as authorized by us and verified by us or our content delivery providers. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or the Service. Your license terminates immediately upon cancellation or termination of your Service or if we believe you are in violation of these Terms of Use.

6. Equipment, Software and Internet Access.

A. You must provide at your own expense the software, equipment and Internet connections that you will need to access and use the Service. If you access the Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Service through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you.

B. WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SERVICE THAT WE PROVIDE TO YOU, THAT ANY DEVICE USING THE SERVICE WILL FUNCTION IN ALL PLAYERS, OR THAT THE SERVICE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU. You may need certain download management software to enable the downloading of Content or to transfer video to portable devices. We may modify the system requirements for the Service at any time.

7. Your Dealings with Third Parties.

Your correspondence or business dealings with parties other than Avalon, including, without limitation, our affiliates and third party service providers (such as the third party transportation companies in cities in which we do not have operations to whom we refer you), are solely between you and such other party. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings or the acts or omissions of any such other parties.

8. Amendments.

We may make changes to these Terms of Use at any time without notice to you. You can review the most current version of our Terms of Use here. If you disagree with the changes to these Terms of Use, you should cancel your Service. Your ongoing use of any Service after the changes take effect signifies your agreement to the new terms. We may waive any of our rights, but such waiver shall apply only in the specific instance to which the waiver relates and will not constitute a permanent waiver or a course of dealing.

9. Remedies; Termination of Service.

A. We may take any legal and technical remedies to prevent the violation of and to enforce these Terms of Use, including without limitation, immediate termination of your account or access to the Service, if we believe in our discretion you are violating these Terms of Use.

B. We may cancel or suspend access to the Service at any time, without cause and/or without notice. Your right to use the Service will end once the Service is cancelled or terminated, and any data you have stored on the Service may be unavailable later.

10. Disclaimers and Limitations.

A. We provide the Service “as is”, “with all faults” and “as available.” We, our content providers and other suppliers (“Service Providers”) make no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, WE AND THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NEITHER WE NOR THE SERVICE PROVIDERS GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR TASTES, OR MEET YOUR REQUIREMENTS. NEITHER WE NOR THE SERVICE PROVIDERS GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Service at your own risk.

B. NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AND IF FOR ANY REASON CALIFORNIA LAW IS NOT APPLICABLE, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Indemnification.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, owners and other affiliates, and our and their employees, licensees, Service Providers, and our and their respective owners, representatives, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Electronic Contracting And Notices.

Your affirmative act of using or registering for our Service constitutes your electronic signature to these Terms of Use and your consent to enter into Terms of Use with us electronically. We may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Service (collectively, “Notices”). We may send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with a Service, or (3) by posting the Notice on the applicable Service. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Use link on the home page of www.avalontrans.com. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

13. Entire Contract.

These Terms of Use, the Credit Card Authorization and any Usage Rules, policies, rules and guidelines posted on the Website constitute the entire contract between you and us regarding the Service and supersede all previous written or oral contracts. If any part of these Terms of Use is held invalid or unenforceable, that portion 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 portions shall remain in full force and effect.

14. Choice Of Law And Location For Resolving Disputes.

The law of the State of California governs this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules, and the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Los Angeles, California. You irrevocably consent to the venue and jurisdiction of such courts.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN LOS ANGELES, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS

15. Assignments; Third Party Beneficiaries.

A. We may assign this contract at any time without notice to you. You may not assign this contract to any one else.

B. Our Service Providers are express third party beneficiaries of these Terms of Use and may (subject to our agreements with them) enforce our rights with respect to any infringement by you of the rights of our Service Providers without joining us in any suit.

 
 

Copyright © 2015 Avalon. All Rights Reserved

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