This page sets forth the "Terms and Conditions" under which you may use www.overlanvanlines.com (the "Web Site"). Please read this page carefully. If you do not accept these Terms and Conditions, you are not authorized to use the Web Site. By using the Web Site, you are indicating your agreement to be bound by these Terms and Conditions, without modification. Overland Van Lines (the "Company") may revise these Terms and Conditions at any time by revising this page. You are responsible for regularly reviewing these Terms and Conditions. If you use the Web Site after any revision Company makes to these Terms and Conditions, you agree to be bound by the Terms and Conditions as so revised.
USES OF THE WEB SITE GENERALLY.
The Web Site may be used only for lawful and proper purposes. Provided that you otherwise fully comply with the provisions of these Terms and Conditions, the Company authorizes you to view, download and print out a single copy of any material on the Web Site, solely for your personal, noncommercial use. The content of the Web Site, including but not limited to text, graphics, images, sounds, music, logos, button icons, software, individual screen displays, operational characteristics and functionalities, machine-readable code (Object Code), human-readable code (Source Code), and HTML code (collectively, the "Materials"), are protected under United States and international copyright, trademark and other laws. All Materials are the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Web Site is the exclusive property of the Company and protected under United States and international copyright laws. Unauthorized use of the Web Site and/or the Materials may violate copyright, trademark, and other laws, and is a breach of these Terms and Conditions. You may not remove or obscure any copyright, trademark, service-mark or other proprietary notice contained in any Materials on any copy you make of such Materials. Unless otherwise specified herein, you may not modify, print out, distribute, transmit, publicly display, publicly perform, communicate to the public, reproduce, publish, license, create derivative works from, transfer or sell any of the Materials. The use of any of the Materials on any other web site or in a networked computer environment for any purpose is prohibited.
THE COMPANY'S LIABILITY.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from any and all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the content or communications provided by other users, which is made available through the Web Site. By its very nature, other user's content and communications may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Web Site. The Materials may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Materials. Your use of the Web Site and the Materials is at your own risk.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
The Company does not represent or endorse the accuracy or reliability of any of the materials contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site, nor the quality of any products, information or other materials displayed purchased, or obtained by you as a result of any advertisement or other information or offer on or in connection with the Web Site (the "Products"). You hereby acknowledge that any reliance you place upon any Products shall be at your sole risk. The Company reserves the right, in its sole discretion and without any obligation, to make changes to, or correct any error or omissions in any portion of the Web Site, the Materials and/or the Products.
THE WEB SITE, THE MATERIALS AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, THE MATERIALS, THE PRODUCTS AND/OR ANY LINKS. DISCLAIMER OF CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site.
YOUR INDEMNITY.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, customers and clients from and against any claims, actions or demands, including without limitation reasonable attorney and accounting fees, resulting from or arising out of any content or communications you post or transmit through the Web Site, your use of the Web Site, the Materials or the Products, or your violation of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, action or demand and may, in Company's sole discretion, assist you, at your expense, in its defense or settlement.
GENERAL.
The Company makes no claims that the Web Site, the Materials and/or the Products may be lawfully accessed, viewed or downloaded outside of the United States. Any such use of the Web Site, the Materials and/or the Products may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time. These Terms and Conditions are governed by laws of the Commonwealth of Texas, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Addison, Texas, for any claims arising out of or relating to your use of the Web Site, the Materials, the Products, and/or these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original, and the remainder of the agreement shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License, these Terms and Conditions constitute the entire agreement between you and the Company with respect to your use of the Web Site, the Materials and/or the Products. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
