When You visit the Website or send e-mails to Dayton Freight, You are communicating with Dayton Freight electronically. By communicating with Dayton Freight, You consent to receive communications from Dayton Freight electronically. Dayton Freight will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that Dayton Freight provides to You electronically satisfy any legal requirement that such communications be in writing. When You communicate electronically with Dayton Freight, and upload and/or download information tothe Website and/or Services, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Dayton Freight cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.
All content included on the Website or provided through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dayton Freight or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Website or provided through the Services is the exclusive property of Dayton Freight and protected by U.S. and international copyright laws. Dayton Freight does not convey to anyone, through allowing access to the Website, any ownership rights in the Website or in any content appearing or made available through the Website. All software used on, or in connection with, the Website is the property of Dayton Freight or its software suppliers and is protected by United States and international copyright laws.
DAYTON FREIGHT, DAYTONFREIGHT.COM, the DAYTON FREIGHT LOGO, the Website’s trade dress and others are registered or unregistered trademarks of Dayton Freight in the United States. The trademarks of Dayton Freight may not be used (1) without the separate prior written consent of Dayton Freight; (2) in any manner that is likely to cause confusion among consumers, or (3) in any manner that disparages or discredits Dayton Freight or Dayton Freight’s products or services. All trademarks not owned by Dayton Freight that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed, or sponsored by Dayton Freight. Dayton Freight does not have any authority to permit and does not authorize You to use, in any way, any trademarks not owned by Dayton Freight.
LICENSE AND SITE ACCESS
Subject to the Web Terms, Dayton Freight grants You a limited, revocable and nonexclusive license to access and use the Website and the Services solely for Your personal use. You may not download (other than page caching) or modify the Website or any portion of the Website except with the express written consent of Dayton Freight. You shall not, and shall not permit others to, engage in any of the following activities on the Website: (1) resell or commercially use the Website or its contents; (2) collect or use any product and/or service listings, descriptions, or prices for any purpose beyond Your personal use; (3) create derivative works of the Website or its contents; (4) download or copy account information from the Website for the benefit of a third party; or (5) data mine or use robots or similar data gathering and extraction tools on the Website. Neither the Website, nor any portion of materials on the Website or provided through the Services, may be reproduced, republished, posted, transmitted, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express separate prior written consent of Dayton Freight. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Dayton Freight without the express separate prior written consent of Dayton Freight. You may not use any meta tags or any other “hidden text” utilizing trademarks of Dayton Freight without the express separate prior written consent of Dayton Freight. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Dayton Freight, or its products and/or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dayton Freight trademark, logo or other proprietary graphic as part of the link without express separate prior written permission from Dayton Freight. Dayton Freight reserves the right to terminate any license granted herein with immediate effect at its sole and absolute discretion. In addition, any unauthorized use of the Website by You terminates any licenses or permissions granted herein by Dayton Freight.
You may choose to register and create an account to utilize the Services offered through the Website. If You create an account, You agree to provide accurate and current information about You as prompted and will maintain and promptly update all information to keep it accurate and current. You also agree that You are responsible for establishing and maintaining the confidentiality of Your account and password, restricting access to Your computer and exiting your account at the end of each visit. You further agree to accept responsibility for all activities that occur under Your account or password and to notify Dayton Freight immediately of any unauthorized use of Your account or password or any other breach of security. Dayton Freight sells products and/or services to adults who may purchase with a credit card. If You are under 18, You may use the Website only with involvement of a parent or guardian. Dayton Freight reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If You elect to use or purchase any Services through the Website, including without limitation any transportation of freight services, Your use of such Services may be subject to additional agreements (“Transportation Services Agreements”) or Dayton Freight Rules Tariff which may be accessed on the Website and are incorporated by this reference into these Web Terms. In the event of a conflict between these Web Terms and a Transportation Services Agreement or Rules Tariff, the terms of the Transportation Services Agreement or Rules Tariff shall control as to such matter, to the extent of the inconsistency.
PAYMENT AND TAXES
Invoices & Payment. If You order any Services through the Website, the fees for such Services will be due at the time You place Your order, or at Dayton Freight’s option, will be invoiced to You. All fees that are invoiced shall be due and payable within thirty (30) days of the invoice date. You will provide Dayton Freight with complete and accurate billing contact information, including a valid email address. Dayton Freight reserves the right to request that payments be made via electronic bank transfer. If you fail to make timely payment for a Service, Dayton Freight may suspend providing any Services to you until such amounts are paid in full.
Taxes. Fees invoiced pursuant to these Web Terms do not include, and may not be reduced to account for, any taxes, which may include local, state, provincial, federal or foreign taxes, withholding taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value-added taxes, excise, use, goods and services taxes, consumption taxes or similar taxes (collectively “Taxes”). You are responsible for paying all Taxes imposed on any Services. If Dayton Freight has a legal obligation to pay or collect Taxes for which You are responsible under these Web Terms, the appropriate amount shall be computed based on the address You provided to Dayton Freight when Your account was created, unless You provide Dayton Freight with a valid tax exemption certificate authorized by the appropriate taxing authority.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
During Your use of the Website, You may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties, or otherwise reasonably objectionable. Any User Content You post may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the User Content.
If You post or submit any User Content, unless Dayton Freight indicates otherwise, You grant Dayton Freight a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, publish, broadcast, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the universe in any media now known or hereafter devised for any lawful purpose whatsoever. You grant to Dayton Freight the right to use the name that You submit in connection with such User Content. You represent and warrant that (1) You have developed, own or otherwise control all of the rights to the User Content, (2) that the User Content is accurate, (2) that Your submission of the User Content in no way violates or infringes on the copyright, registered trademark or intellectual property rights of any third party, and (3) that the User Content will not cause injury to any person or entity. Dayton Freight reserves the right (but not the obligation) to monitor, remove or edit any User Content at its sole and absolute discretion. Dayton Freight takes no responsibility and assumes no liability for any User Content or any content posted by a third party.
The Website may link to and/or contain advertisements about websites or other Internet resources that are not owned or controlled by Dayton Freight. Dayton Freight neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that Dayton Freight does not endorse or sponsor such other third-party websites or other Internet resources, and Dayton Freight expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.
Your participation, correspondence or business dealings with any third party found on or through the Website, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that Dayton Freight shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY DAYTON FREIGHT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILTIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING BY DAYTON FREIGHT. DAYTON FREIGHT DOES NOT WARRANT THAT (1) THE WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS ON THE WEBSITE OR IN THE SERVICES WILL BE CORRECTED; AND (3) THE WEBSITE, THE SERVER THAT MAKES THE WEBSITE AVAILABLE, OR E-MAIL SENT FROM DAYTONFREIGHT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE, OR THE RESULT OF ANY USE, OF ANY WEBSITE CONTENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OF ANY PRODUCT AND/OR SERVICE DESCRIPTIONS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOUR USE AND THE OPERATION OF THE WEBSITE, ITS CONTENT, MATERIALS, PRODUCTS, OR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DAYTON FREIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL DAYTON FREIGHT OR ANY OF ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.
By visiting or using the Website, You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern the interpretation and enforcement of the Web Terms or any dispute of any sort that might arise between You and Dayton Freight involving these Web Terms. Any such dispute will be brought only in either the Federal Court or the courts of the State of Ohio, located in Montgomery County, Ohio and You hereby agree to submit to the personal jurisdiction of those courts. If You and Dayton Freight have entered into a Transportation Services Agreement and such Transportation Services Agreement expressly contemplates the use of the Website, absent any conflict between these Web Terms and the Transportation Services Agreement, these Web Terms are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Dayton Freight. In the event of a conflict between these Web Terms and any Transportation Services Agreement, the Transportation Services Agreement will control.
You agree to defend, indemnify and hold harmless Dayton Freight, its officers, directors, employees, agents and representatives from and against any and all claims arising out of Your breach of any of the Web Terms and any of Your activities on the Website.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review Dayton Freight’s other policies posted on the Website. These policies also govern Your visit to the Website. Dayton Freight reserves the right to make changes to the Website, policies and these Web Terms at any time. If any provision in the Web Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision or condition.