THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF GARSITE.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. GARSITE/PROGRESS LLC MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF GARSITE.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT GARSITE.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH GARSITE.COM.
Section 1. Changes to garsite.com.
Garsite.com and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated without notice.
Section 2. Term.
Garsite/Progress LLC may discontinue, suspend or modify garsite.com at any time without notice.
Section 3. Ownership.
Garsite.com and its Content are protected by United States and international copyright, trademark and other laws. © 2005 Garsite/Progress LLC. All rights reserved. Specifically, Garsite/Progress LLC does not convey to anyone, through allowing access to garsite.com, any ownership rights in garsite.com or in any Content appearing on or made available through garsite.com.
The following are marks owned by Garsite/Progress LLC, L.P: ArticLite®, AutoRailer®, AutoVan®, ChassisRailer®, CouplerMate®, D2D®, DuraPlate®, DuraPlate Door®, DuraPlate Container®, EZ-7®, ElectroShield®, FreightPro™, ReeferRailer®, RoadRailer®, Signature Series®, Smart Trailer®, SolarGuard®, TempBolt®, Trust Lock®, Garsite/Progress LLC®.
Section 4. Disclaimer of Warranty.
GARSITE.COM AND ITS CONTENT ARE PROVIDED “AS IS”. GARSITE/PROGRESS LLC AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE GARSITE.COM AND ITS CONTENT.
Section 5. Limitation of Liability.
USE OF GARSITE.COM AND ITS CONTENT IS AT YOUR SOLE RISK. GARSITE/PROGRESS LLC WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE GARSITE.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED GARSITE/PROGRESS LLC OF THE POSSIBILITY OF SUCH DAMAGES.
Section 6. Indemnity.
You hereby release, and agree to indemnify and hold harmless Garsite/Progress LLC and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of Your use or viewing of garsite.com and its Content.
Section 7. Links to other web sites.
There are links on garsite.com site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Garsite/Progress LLC. Garsite/Progress LLC makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Garsite/Progress LLC has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 9. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access garsite.com regarding access, use, export, reexport and import of any Content appearing on or available through garsite.com. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.