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Legal Notices
/ Web Site Terms & Conditions |
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Introduction |
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Pacer
Global Logistics, Inc. welcomes you to our website. These
Website Terms and Conditions (these "Terms")
govern access to and use of the Site and all applications,
software, content and services available from the Site (collectively,
the "Services"), except
to the extent the Services are the subject of a separate agreement,
by you or the entity that you represent ("you"
or "your"). Within
these Terms, we may refer you to additional terms and conditions
regarding your access to and use of the Site and the Services,
which you should read carefully (collectively with these Terms,
this "Agreement").
Please read this Agreement carefully before using this Site.
This Site is available for your use only if you acknowledge
and agree to be bound by the terms and provisions of this
Agreement. If you do not agree to be bound by the terms and
provisions of this Agreement, do not access or use this Site.
By your affirmative act of registering, accessing or using
this Site, you acknowledge and agree that (1) you have read,
and you are bound by, the terms and provisions of this Agreement,
and (2) this Agreement constitutes a legal and binding agreement
between you and Pacer Global Logistics, Inc., an Ohio corporation
("we," "us"
or "our"). Your rights
to access or use this Site may be limited further by federal,
state, local or jurisdictional laws, rules and regulations. |
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User Eligibility |
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You
must be an individual over the age of 18 to access and use
this Site. By using this Site and in consideration of your
use, you represent that you are 18 or more years of age and
able to form a binding contract. For portions of the Site
that require you to register, you must register in your own
name and you represent and warrant that you are providing
true and current registration information and you agree to
keep this information current. You agree to receive from us
all notices regarding your registered account and the Site
electronically under the electronic notice procedures outlined
below. |
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Changes to
Our Website Terms and Conditions |
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We
reserve the right, in our sole and absolute discretion, to
amend, change, delete, modify, revise or update this Agreement
at any time without notice to you (however, we will provide
notice of any material changes to this Agreement to registered
users of Sites to the extent required by law). Any such amendments,
changes, deletions, modifications, revisions or updates will
be effective immediately upon their publication on this Site.
Accordingly, you acknowledge and agree that your continued
access to and use of this Site after any such amendments,
changes, deletions, modifications, revisions or updates will
constitute your acknowledgement and agreement to be bound
by such amendments, changes, deletions, modifications, revisions
or updates. Because of the possibility that this Agreement
could change between your visits to this Site, we recommend
that you check this Agreement each time you visit this Site. |
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Privacy Policy |
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Any
personally identifiable information that we receive from you
as a result of your use of this Site is subject to the terms
and provisions of our Privacy
Policy , which is incorporated by reference into
this Agreement. By your affirmative act of either registering,
accessing or using this Site, you acknowledge and agree that
you have read the terms and provisions of our Privacy Policy.
With respect to any individual whose personal information
is provided by you to us, you represent and warrant to us
that you have obtained all necessary consents for the processing
of such personal information contemplated by the Services
you are using and by our Privacy Policy, including the transmission
of such data in the United States or any other country whose
laws, rules and regulations may not provide the same level
of protection for the personal data as the laws, rules and
regulations of such individual’s country of origin. |
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Site Ownership;
Limited License |
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This
Site is owned by us. Any and all text, graphics, photographs,
images, software, audio and video clips, links, logos, icons
and other items and materials contained on this Site, including
all associated intellectual property rights (collectively,
the "Content") are
the exclusive property of us, our affiliates and/or other
individuals or entities. All registered and/or unregistered
trademarks, trade dress or service marks displayed on the
Site (collectively, the "Marks")
are the exclusive property of us, our affiliates and/or other
individuals or entities that have granted us a license to
use the Marks. The Content and the Marks are protected by
copyright, trade secret, trademark, trade dress, service mark,
unfair competition and other applicable laws, rules and regulations
in the United States and other jurisdictions, whether or not
such protections are expressly identified in this Agreement.
Accordingly, except to the extent expressly provided in this
Agreement, you may not amend, assign, change, communicate,
convey, copy, create derivative works from, display, distribute,
exploit, export, import, lease, loan, modify, post, publish,
redistribute, rent, reproduce, republish, retransmit, revise,
sell, transfer, transmit, update, upload or otherwise use,
in whole or in part, the Content or the Marks without our
prior express written consent.
Subject to the terms and provisions contained in this Agreement,
we hereby grant you a limited, non-exclusive, non-sublicensable,
non-transferable, personal and revocable license to access
and use this Site, the Services and the Content solely to
view the Site and its Content and to receive any Services
offered from this Site. No other license to access or use
this Site, the Services or the Content is granted or implied.
You understand and agree that you may not remove, alter or
cover any copyright or other proprietary notices placed on
our Site or the associated Content.
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Restrictions
on the Use of this Site |
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You
are responsible for all activity related to your access or
use of the Site and the Services. You also are responsible
for all activities under your password or registered account
if you or if you allow others to use the relevant information
to access and use the Site. In addition to the other restrictions
contained in this Agreement, you acknowledge and agree that
you will not, directly or indirectly, without our prior express
written consent, (1) disguise the origin of information transmitted
to or through this Site, (2) access or use this Site, the
Services or the Content for any purpose or in any manner inconsistent
with the terms and provisions of this Agreement, (3) violate
any federal, state, local or jurisdictional law, rule or regulation
while accessing or using this Site, the Services or the Content,
(4) infringe upon or violate the intellectual property rights,
privacy rights, moral rights, rights of attribution or any
other similar rights of any individual or entity while accessing
or using this Site, the Services or the Content or posting
any content or information on the Site, (5) post, publish
or transmit any information on this Site that is abusive,
defamatory, false, harassing, inaccurate, inappropriate, libelous,
misleading, offensive, obscene, sexually explicit, threatening,
unlawful, vulgar or otherwise objectionable, (6) post or publish
any information on this Site that is intended to advertise
or solicit business, including any multi-level marketing scheme,
or that is a chain letter or part of a pyramid scheme, (7)
harvest or collect information from the Site (including any
user information) for the purpose of sending unsolicited bulk
e-mail or other forms of unsolicited bulk communications,
(8) install, upload or otherwise introduce any material to
this Site that contains any time bombs, trojan horses, viruses,
worms or other computer programming routines that could alter
damage, expropriate, intercept or interfere with this Site,
the Services or the Content, (9) frame or utilize framing
techniques to enclose any portion or aspect of the Content,
(10) corrupt, hack, modify or otherwise tamper with this Site,
the Services or the Content, (11) impersonate any individual
or misrepresent your affiliation with any individual or entity,
(12) access or use this Site in any manner that reflects negatively
on our reputation or goodwill, or (13) post content or information
in areas of the Site not expressly designated and approved
by us for posting.
We are under no obligation to monitor this Site. However,
you acknowledge and agree that we may monitor this Site to
(1) comply with any necessary laws, rules and regulations,
(2) operate this Site properly, or (3) protect you, us or
our affiliates. |
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Links |
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As
a courtesy to you, this Site may contain links to websites
and resources owned by other individuals and entities (collectively,
the " Third Party Sites").
If you utilize the links to the Third Party Sites, you will
leave this Site. If you decide to visit the Third Party Sites,
you acknowledge and agree that (1) you do so at your own risk,
(2) it is your responsibility to guard against time bombs,
trojan horses, viruses, worms or other computer programming
routines that could alter damage, expropriate, intercept or
interfere with your computer system, (3) we are not endorsing,
nor are we responsible for, the information, advertising or
the content contained on the Third Party Sites, or the products
or services promoted, offered by or sold on the Third Party
Sites (including anything that could be abusive, defamatory,
false, harassing, inaccurate, inappropriate, libelous, misleading,
offensive, obscene, sexually explicit, threatening, unlawful,
vulgar or otherwise objectionable, or that could be in violation
of any federal, state, local or jurisdictional law, rule or
regulation), (4) your access to and use of the Third Party
Sites is subject to the Third Party Sites’ terms and
conditions of use (including their respective privacy polices),
(5) we are not responsible for the availability of the Third
Party Sites, and (6) we are not making any representations
or warranties regarding the accuracy, appropriateness, availability,
completeness, freedom from viruses, performance, quality,
security or timeliness of the Third Party Sites or their contents
(including the text, graphics, images, software, audio and
video clips, links, logos, icons and other items and materials
contained on the Third Party Sites).
Subject to the terms hereunder, you may link to this Site
from your website through the placement of a plain textual
link to http://www.pacerretail.com/privacy.html.
Linking to any other page of this Site (including through
deep links or framed links) is prohibited in the absence of
a separate written agreement with us. Unless we otherwise
provide our express written consent, any website or other
device that links to http://www.pacerretail.com/privacy.html
or any page available in this Site is prohibited from (1)
replicating the Content, (2) using a browser or border environment
around the Content, (3) implying in any fashion that we or
any of our affiliates are endorsing it or its products or
services, (4) stating any fact, or failing to state any fact,
that is misleading or that otherwise implies that we or any
of our affiliates are endorsing it or any of its products
or services or that we or any of our affiliates has any relationship
with it, (5) presenting false information about us or our
products or services, and (6) using any of the Content or,
except as otherwise provided above with respect to the plain
textual link, the Marks.
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User Information |
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We
do not want you to, and you should not, post, publish or transmit
any of your confidential or proprietary information on, through
or to this Site. In the event you choose to post, publish
or transmit any information on, through or to this Site, whether
in the form of answers, comments, concepts, e-mails, feedback,
ideas, inputted data, inventions, know-how, messages, plans,
questions, suggestions, techniques, uploaded files or otherwise
(collectively, the " User Information"),
you acknowledge and agree that (1) such User Information will
not be treated as confidential or proprietary, (2) you are
responsible for the accuracy and correctness of such User
Information, (3) you are granting us an irrevocable, royalty-free,
unlimited and worldwide license to assign, communicate, convey,
copy, create derivative works from, display, distribute, exploit,
export, lease, loan, post, publish, redistribute, rent, reproduce,
republish, retransmit, sell, transfer, transmit or otherwise
use such User Information for any purpose whatsoever, (4)
you waive any and all claims against us and our affiliates
regarding the use of the User Information, including any claims
regarding infringement of intellectual property rights, and
(5) we reserve the right, in our sole and absolute discretion,
to amend, change, delete, modify, reject, revise or update
any of the User Information at any time without notice to
you. Please see our Privacy
Policy for other terms and provisions regarding
the User Information. |
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Site Connection |
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You
acknowledge and agree that you are responsible for (1) providing
all personal computer and communications equipment necessary
to access and use this Site, (2) paying all charges related
to connecting to this Site, and (3) obtaining or providing
all telephone access lines, telephone and computer equipment
(including modems), or other access devices that are necessary
to access and use this Site. Your carrier or Internet service
provider may charge service fees for web browsing, entering
text and other services that require the use of airtime and
wireless data services. Check with your carrier to verify
the fees that may apply to you. Any dispute or problem regarding
internet connections is between you and your local phone company
or internet service provider. |
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Changes to
the Sites |
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We
may in our sole discretion change or discontinue any or all
aspects of the Site, without notice, including access to support
services, Content, and other products or Services ancillary
to the Site, or to charge subscription fees for certain services
on the Sites |
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Site Location;
International Users |
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This
Site originates from Concord, CA and is served and housed
in Dublin, Ohio. We make no representations or warranties
that this Site, the Services or the Content is appropriate
or that users will be able to access or use the Sites at times
or locations of their choosing, including any location outside
of the United States. The United States and certain other
jurisdictions control the export of products, services and
information. You acknowledge and agree that you will comply
with all of the United States’ and other applicable
jurisdictions’ laws, rules and regulations regarding
(1) the import, export and re-export of the Services and the
Content to individuals or entities located outside of the
United States, (2) content posted, published and/or transmitted
over the Internet, and (3) the posting, publishing and/or
transmission of technical data imported, exported or re-exported
from the United States or the country in which you physically
reside. You consent to the housing of any registration or
personally identifiable information and User Information on
our servers in the United States. |
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Termination |
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You
acknowledge and agree that we, in our sole and absolute discretion,
may discontinue, limit, suspend or terminate your access to
and/or use of the Site, the Services and/or the Content at
any time, and for any reason (including your lack of use of
the Site or your breach of this Agreement), without notice
to you (even if other individuals and entities continue to
have access to and use of the Site, the Services and/or the
Content). If we discontinue, suspend or terminate your access
to or use of the Site, the Services or the Content, you acknowledge
and agree that you will (1) discontinue your access to and
use of the Site, the Services and/or the Content, as applicable,
immediately, and (2) destroy any copies of the Content in
your possession immediately. Your access or use of the Site,
the Services or the Content after any discontinuation, suspension
or termination will constitute an act of trespass. |
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Indemnification |
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You
agree to indemnify and defend us, and our successors, assigns,
partners, members, owners, shareholders, trustees, directors,
officers, affiliates, licensors, licensees, agents and representatives
(collectively the "Indemnified Parties"), with respect
to, and hold the Indemnified Parties harmless from, any claims,
damages, expenses (including reasonable attorneys’ fees)
and other losses that the Indemnified Parties, or any of them,
may directly or indirectly incur or suffer by reason of, or
which results from, arises out of or is based upon (1) your
access to or use of the Site, the Services, the Content, the
Third Party Sites or the Internet, (2) your posting, publishing
or transmitting of the User Information on, through or to
this Site or the Third Party Sites, (3) any discontinuation,
suspension or termination of the Site, the Services or the
Content, and (4) your violations of any of the terms or provisions
of this Agreement. |
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Limitation
of Liability |
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TO
THE FULLEST EXTENT ALLOWED BY LAW, WE, ON BEHALF OF OURSELVES
AND THE REMAINING INDEMNIFIED PARTIES, EXPRESSLY DISCLAIM
ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL,
INDIRECT, PUNITIVE, SPECIAL OR OTHER CLAIMS, DAMAGES, EXPENSES
(INCLUDING REASONABLE ATTORNEYS’ FEES) OR LOSSES, INCLUDING
DAMAGES FOR LOSS OF USE OF THE SERVICES OR THE CONTENT, LOST
ACCESS TO THIS SITE, LOST GOODWILL OR PROFITS, OR OTHER INTANGIBLE
LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF
LIABILITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO (1)
YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, THE CONTENT,
THE THIRD PARTY SITES OR THE INTERNET, (2) YOUR POSTING, PUBLISHING
OR TRANSMITTING OF THE USER INFORMATION ON, THROUGH OR TO
THIS SITE OR THE THIRD PARTY SITES, (3) ANY DISCONTINUATION,
SUSPENSION OR TERMINATION OF THE SITE, THE SERVICES OR THE
CONTENT, (4) ANY THIRD PARTY STATEMENTS OR CONDUCT ON THE
SITE OR THROUGH THE SERVICES, INCLUDING ANY UNLAWFUL, HARASSING,
DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OFFENSIVE,
OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT,
SPEECH OR COMMUNICATION, (5) ANY COST OF SUBSTITUTE GOODS
AND SERVICES (INCLUDING PROCUREMENT) RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH
OR VIA THE SERVICES, (6) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, (7) THE ACCURACY, ADEQUACY,
RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY,
USEFULNESS OR APPLICABILITY OF ANY CONTENT, PRODUCT OR SERVICE
AVAILABLE THROUGH THE SITE, OR (8) YOUR VIOLATION OF ANY OF
THE TERMS OR PROVISIONS OF THIS AGREEMENT, EVEN IF WE WERE
ADVISED OF SUCH POSSIBILITY, OR IF SUCH CLAIM, DAMAGE, EXPENSE
OR LOSS WAS FORESEEABLE IN ANY WAY.
IN THE EVENT ANY INDEMNIFIED PARTY IS FOUND TO BE RESPONSIBLE
TO YOU FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, SUCH INDEMNIFIED
PARTY SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES
OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES
CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE.
Before seeking legal recourse for any claim, cost, damage,
expense or claim that you believe you have suffered as a result
of your access to or use of the Site, the Services or the
Content, you acknowledge and agree that you WILL GIVE us at
least thirty (30) days’ written notice prior to initiating
any legal action, which notice SHALL SPECIFY such claim, cost,
damage, expense or claim.
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Disclaimer
of Warranties |
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THIS
SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS
IS", "WITH ALL FAULTS" AND "AS AVAILABLE"
BASIS. YOUR ACCESS TO THIS SITE AND YOUR USE OF THE SERVICES,
THE CONTENT AND THE INTERNET, ARE AT YOUR SOLE RISK. YOU SOLELY
ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
FOR ANY LOSS OF DATA RESULTING FROM YOUR ACCESS TO OR USE
OF THIS SITE, THE SERVICES, THE CONTENT OR THE INTERNET.
NEITHER WE, NOR ANY OF THE REMAINING INDEMNIFIED PARTIES,
MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY
KIND REGARDING (1) THIS SITE, THE SERVICES, THE CONTENT, ANY
THIRD PARTY SITES OR THE INTERNET, INCLUDING WITH RESPECT
TO THE ACCURACY, APPROPRIATENESS, AVAILABILITY, COMPLETENESS,
FREEDOM FROM VIRUSES, INTERRUPTION OR ERRORS, PERFORMANCE,
QUALITY, USEFULNESS, RELIABILITY, SECURITY OR TIMELINESS OF
THIS SITE, THE SERVICES, THE CONTENT OR THE INTERNET, THE
THIRD PARTY SITES, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE
THROUGH THE SITE OR THE THIRD PARTY SITES AND (2) THAT WE
WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN
ANY SPECIFIC GEOGRAPHIC AREA OR THAT USERS WILL BE ABLE TO
ACCESS OR USE THE SITE AND SERVICES AT TIMES OR LOCATIONS
OF THEIR CHOOSING. NO ADVICE OR INFORMATION PROVIDED ON THIS
SITE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED
BY US IN THIS AGREEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE, TOGETHER WITH OUR
AFFILIATES AND LICENSORS, EXPRESSLY DISCLAIM ALL EXPRESS,
IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES AND ENDORSEMENTS
OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, REGARDING THIS SITE, THE SERVICES,
THE CONTENT OR THE INTERNET. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE LIMITATIONS CONTAINED
IN THIS SECTION OF THIS AGREEMENT MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT THE TERMS AND PROVISIONS CONTAINED
IN THIS AGREEMENT ARE FAIR AND REASONABLE. |
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Procedure
for Making Claims of Copyright Infringement |
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In
accordance with the Digital Millennium Copyright Act (17 U.S.C.
§ 512), we are registered with the United States Copyright
Office as a Service Provider. Any notifications of claimed
copyright infringement must be sent to our Copyright Agent:
Pacer Global Logistics, Inc.
6805 Perimeter Drive
Dublin, Ohio 43016
Attention: Site Manager
Telephone: (614) 923-1400
Email: #sitemanager@pacerglobal.com
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Safe Harbor
Provisions |
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This
Site may contain projections or other forward-looking statements
within the meaning of the Private Securities Litigation Reform
Act of 1995, as amended. Forward-looking statements include,
among other things, the information concerning our possible
future results of operations, business and growth strategies,
financing plans, our competitive position and the effects
of competition, the projected growth of the markets in which
we operate, and the benefits and synergies to be obtained
from our completed and any future acquisitions. Forward-looking
statements include all statements that are not historical
facts. In some cases you can identify these statements by
forward-looking words such as "anticipate", "believe",
"could", "estimate", "expect",
"intend", "plan", "may", "should",
"will", "would" and similar expressions.
These forward-looking statements are based on information
currently available to us and are subject to a number of risks,
uncertainties and other factors that could cause our actual
results, performance, prospects or opportunities to differ
materially from those expressed in, or implied by, the forward-looking
statements we make in connection with this Site. These factors
include those set forth in our various filings with the Securities
and Exchange Commission, including our most recent annual
report on Form 10-K and our most recent prospectus. Should
any of these risks or uncertainties materialize, or should
underlying assumptions or estimates prove incorrect, actual
results may vary materially from those described herein as
anticipated, believed, expected or intended. You are cautioned
not to place undue reliance on those projections forward-looking
statements because they speak only as of the date on which
they were made. Except as otherwise required by federal securities
laws, we undertake no obligation to update publicly or revise
any projections or forward-looking statements. |
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Electronic
Notice Procedures |
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By
affirmatively registering for any Site, you consent to receive
all communications, including notices, agreements, legally
required disclosures or other information in connection with
any Site electronically from us (collectively, "Notices").
You agree that we generally may send you electronic Notices
by (i) e-mail to an e-mail address you provided to us at registration,
(ii) "pop up notice" on a Site or (iii) posting
the Notices on a main page or channel page of the relevant
Service. You agree that certain supplemental or enhanced Services
made available by us may have its own Notice procedures.
You must have a computer equipped with at least a 128-bit
encrypted enabled browser, Internet access, and either a printer,
a drive, or other storage device in order to view and retain
a copy of this Agreement and any Notice that we may provide
to you. You may withdraw your consent to receive Notices electronically
by contacting Customer Service at the number listed below;
however, if you choose to withdraw consent, we may terminate
your registered access (and any subscription) to any Site.
All registrations, agreements, and terms made available through
the Site will be completed electronically and will be deemed
for all legal purposes to be in writing and legally enforceable
as a signed writing.
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Survival
of Certain Provisions |
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The
termination or expiration of these Terms for any reason will
not terminate the obligations or liabilities of the parties
under these Terms, including those regarding warranties, liabilities,
proprietary rights and any others that by their sense and
context are intended to survive the execution, delivery, performance,
termination and expiration of these Terms. |
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Governing
Law, Waiver of Jury Trial and Venue |
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THIS
AGREEMENT AND ANY OTHER AGREEMENT GRANTING YOU ACCESS TO PORTIONS
OF THE SITE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE DOMESTIC LAWS OF THE STATE OF OHIO, WITHOUT GIVING
EFFECT TO ANY CHOICE OF LAW OR CONFLICTING PROVISION OR RULE
(WHETHER OF THE STATE OF OHIO, OR ANY OTHER JURISDICTION)
THAT WOULD CAUSE THE LAWS OF ANY JURISDICTION OTHER THAN THE
STATE OF OHIO TO BE APPLIED. THE PARTIES HERETO WAIVE ALL
RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT
TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THIS AGREEMENT
OR ANY DOCUMENTS RELATED HERETO. THE PARTIES HERETO AGREE
THAT ALL DISPUTES AMONG THEM ARISING OUT OF, CONNECTED WITH,
RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED
AMONG THEM IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED
EXCLUSIVELY BY STATE OR FEDERAL COURTS LOCATED IN THE FRANKLIN
COUNTY, OHIO, AND ANY APPELLATE COURT FROM ANY THEREOF. YOU
HEREBY WAIVE ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE
TO THE LAYING OF VENUE OR TO THE JURISDICTION OF ANY SUCH
ACTION, SUIT OR PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT
ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU AGAINST US OR
ANY OF OUR AFFILIATES MUST BE FILED WITHIN ONE (1) YEAR AFTER
SUCH CLAIM OR CAUSE OF ACTION AROSE. |
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Miscellaneous
Terms |
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Except
to the extent expressly provided in another written agreement
between you and us, this Agreement constitutes the entire
agreement between you and us with respect to the subject matter
hereof, and it supersedes any prior agreements between you
and us with respect to the subject matter hereof. If any term
or provision under this Agreement is found to be invalid or
unenforceable by any court having competent jurisdiction,
such invalidity or unenforceability shall not affect the validity
or enforceability of the remaining terms and provisions of
this Agreement, which shall remain in full force and effect.
No waiver of any term or provision of this Agreement shall
be deemed to be a further or continuing waiver of such term
or provision, or of any other term or provision. We may assign
our rights and obligations under this Agreement to any individual
or entity at any time and without notice to you. The section
headings used in this Agreement are for convenience only and
have no legal effect. |
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Customer
Service |
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