Posted 01/31/07

TERMS AND CONDITIONS FOR SITE USE – SOARR .COM

  1. Acceptance of Terms through Use of Site. In consideration of your use of the www.soarr.com web site (the Site) of Interstate Online Software, Inc. (IOS), you agree to all of the terms, conditions, and notices contained or referenced in the Site (the Terms and Conditions). If you do not agree to these Terms and Conditions, do not use the Site or any service provided therein. IOS reserves the right to amend, update, or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Site. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
  2. Prohibited Conduct. You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, corrupted files, or any similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device or software or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; (iv) not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other participants at the Site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the services, products, or downloads available at the Site for illegal purposes, and to comply with all regulations, policies, and procedures of networks connected to the Site.
  3. Copyright. The content of the Site is protected by copyright. You may not copy, distribute, or create derivative works from any part of the Site (including its graphics, pictorial matter, and text) without the prior written consent of IOS, unless expressly permitted by the Site. You further acknowledge and agree that information presented to you through the Site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of IOS or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. IOS does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on the Site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of IOS or the copyright owner. However, you may print a copy of the information on the Site for your personal, non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
  4. Trademarks. Names, logos, designs, titles, words, or phrases within the Site, including but not limited to SOARRTM, SOARR SOLD ON ARRIVALTM and INTERSTATE ONLINE SOFTWARETM are trademarks, service marks, or tradenames of IOS and may not be used without the prior written permission of IOS. IOS claims no interest in marks owned by other entities not affiliated with IOS which may appear on the Site. IOS prohibits use of any of the forgoing names or marks as a metatag or as a hot link to any IOS site unless establishment of such a link is approved in advance by IOS in writing. If you have any questions regarding any trademarks on the Site, please contact IOS.
  5. No Confidentiality/Grant of License. You agree and understand that any information submitted through the I Need a Truck! link will be shared with any or all third party truck dealers, and that IOS bears absolutely no responsibility for, and makes no warranties, representations, or guarantees with respect to, how that information is used, distributed, or held by such third parties. Other content you submit through the Site, including information, feedback, data, questions, comments, suggestions or the like shall be deemed not to be confidential, and you grant IOS a worldwide, royalty-free, and non-exclusive license(s) to edit, reproduce, use, disclose, and distribute the response to others without limitation or compensation, including for use in developing, manufacturing, and marketing products and services incorporating any of the ideas, concepts, or techniques referred to in the response, communication, or submission.
  6. No Links; No Endorsement. No hyperlinks to the Site are permitted without IOS’s prior written consent, and IOS does not endorse, sponsor, or recommend any ideas, products, or services by a third party who has linked to the Site. Any links to third party web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties ideas, products, or services. Similarly, any references in the Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation. Any references or hyperlinks to third party web sites contained in stories or other materials submitted through the Site are subject to removal.
  7. No Guaranty of International Service or Compliance. The Site was designed for and is operated in the United States. The Site may be viewed internationally and may refer to IOS products, services, and programs that are not available in your country or state. These references do not imply that IOS intends to provide those products, services, or programs in your country or state. You are responsible for compliance with all laws applicable to the location from which the Site is accessed and viewed.
  8. DISCLAIMER OF WARRANTIES. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE MATERIAL IN THIS WEB SITE AND THE SERVICE PROVIDED THROUGH THIS WEBSITE IS PROVIDED AS IS AND ON AN AS IS AVAILABLE BASIS WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY IOS OR ITS SUBSIDIARIES, AFFILIATES, COMPANIES, OR RELATED ENTITIES. WARRANTIES, IF ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN PURCHASED BY A CUSTOMER. IOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    IOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE AND THE SERVICES OFFERED THEREIN WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, MESSAGE BOARDS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES THEREIN IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IOS OR THROUGH OR FROM THE SITE OR SERVICES THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
  9. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THE SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THE SITE. IN NO EVENT WILL IOS BE LIABLE FOR ANY DAMAGES CAUSED BY OR IN CONNECTION WITH USE OF THE SITE OR USE OF ANY SITE LINKED TO THE SITE. UNDER NO CIRCUMSTANCES SHALL IOS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF IOS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE. IN NO EVENT WILL IOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE EDITING, REPRODUCTION, USE, DISCLOSURE, AND DISTRIBUTION OF CONTENT SUBMITTED TO AND/OR THROUGH THE SITE.
  10. INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD IOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
  11. Jurisdiction and Venue. You and IOS agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of the Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and IOS also agree and hereby submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Licking County, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.
  12. Waiver and Severability of Terms. The failure of IOS to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions 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 provisions shall remain in full force and effect.
  13. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. IOS respects the intellectual property of others, and we ask our users to do the same. IOS may, in appropriate circumstances and at its discretion, refuse service. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IOS’s Copyright Agent the following information:
     
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
    • 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;
    • 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 IOS to locate the material;
    • your address, telephone number, email address or other information reasonably sufficient to permit IOS to contact you;
    • a statement by you 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;
    • a statement by you that the information in your Notice 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.

    Please report any claims of copyright or other intellectual property infringement or any violations of the Terms and Conditions to IOS’s designated Copyright Agent:

    Melinda Wilson, Corporate Attorney
    Interstate Online Software, Inc.
    P.O. Box 2303
    Heath, Ohio 43056
    By phone: (740) 587-1695
    By fax: (740) 587-1697
    By email: melinda@soarr.com

  14. Separate License Agreement(s). You may acquire software and/or content from IOS by download from the Site, or otherwise directly from IOS. You agree that your use of such software and/or content shall be strictly in accordance with the Software License and Online Service Agreement.
  15. Registration Data and Privacy. Registration may be required for you to download from the Site, or for your participation in certain services offered at the Site. You must provide certain current, complete, and accurate information about you as prompted to do so by the registration form (“Registration Data”), and maintain and update such registration information as required to keep such information current, complete, and accurate. You warrant that your Registration Data is accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current, or incomplete, IOS retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about you is subject to our Privacy Policy. Solely to enable IOS to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to IOS a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by IOS’s computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by IOS, in each case by any method or means or in any medium whether now known or hereafter devised.