(a) This Website is owned by us. All materials, excluding user content, contained in this Website (the “Materials”) are either owned by or licensed to us and are protected by intellectual property and other laws. We and our licensors retain all proprietary rights to the Materials. This Website is Copyright © 2010 Association for Delivery Drivers, Inc. All rights are reserved. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or retransmission of the Materials is strictly prohibited. Notwithstanding the foregoing, you may download the Materials for your personal non-commercial use or to share with others for their personal non-commercial use, provided you keep intact all proprietary and other notices.
(b) We do not claim any ownership rights in the text, files, images, video, sounds, works of authorship, or other materials that you post on or through this Website (collectively, “Content”). After posting Content on or through this Website, you continue to retain all ownership rights in such Content. By posting Content on or through this Website, you hereby grant to us a license to use, modify, publicly perform, publicly display, reproduce and distribute such Content for any purpose without compensation to you. The license to us is nonexclusive, fully paid and royalty-free, sub licensable and worldwide.
You represent and warrant that (i) you own or control all applicable rights or you have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the Content, (ii) you have the right to grant the license set forth in this section, and (iii) the posting of your Content on or through this Website or its use by us does not and will not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person or entity. You agree to pay for all royalties, fees or other amounts owed to any person or entity for any Content posted by you on or through this Website or our use of the Content in accordance with this license.
2. Information on this Website
This Website provides information about us and may include data regarding our services, information pertaining to (among other things) our members, industry information and third party resources and services that may be of interest to users of this Website. This Website may also include member-generated Content.
This Website provides access to a number of professional and other services offered by us and third parties that may be available to users, including reference and educational information. This Website does not, directly or indirectly, provide advice or guidance with respect to such services, including, but not limited to, services concerning your tax and accounting matters, insurance and pension plan benefits, or legal issues. This Website makes no claim or representation regarding – and accepts no responsibility for – the quality or reliability of any services provided by third parties to you that may be made accessed through use of this Website. We are not an insurance company, nor do we make any decisions with respect to insurance policy coverage criteria, specific insurance policy terms and conditions, or premiums or other payment obligations in connection with any insurance policy, plan or program or any pension plan benefit for which you may apply through use of this Website. All such determinations shall be made solely by the applicable insurer or plan administrator. Articles, commentary and other information contained on this Website are intended to be for general academic and illustrative purposes and are not intended to guide the decisions of any individuals.
4. Modifications to this Website
We may at our sole discretion change, suspend or discontinue any aspect of this Website at any time, including the availability of any Website feature, database or content. We may also impose limits on certain features and services or restrict users’ access to parts or all of this Website without notice or liability.
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any Content anywhere on this Website, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, we do not and cannot review all Content posted to this Website by users and we are not responsible for any such Content.
7. Internet Use
You should be aware of the general risks of transmitting information over the Internet. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, backing up of data, and protection from “viruses,” “worms,” “Trojan horses” or other malicious or damaging computer software.
8. Prohibited Activities
9. No Endorsement
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content or other information displayed, distributed or otherwise accessible on or through this Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.
11. Disclaimer Of Warranties
WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE FUNCTIONING OF THIS WEBSITE, OR THE INFORMATION CONTAINED ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO IT IN ANY WAY. WE ASSUME NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR SERVICES OBTAINED THROUGH USE OF THIS WEBSITE. OPERATION OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED. Without any limitation of the foregoing, we do not warrant that the functions contained in this Website or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties so some of the above may not apply to you.
12. Limitation Of Remedies
14. Copyright Infringement
We respect the intellectual property of others, and ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify us by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Managing Director.