Effective as of November 10, 2016
A. ACCOUNT TERMS
1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide Your name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person—i.e., a single login may not be shared by multiple people—except that a machine user’s actions may be directed by multiple people. You may create separate logins for as many people as your plan allows.
5. You are responsible for maintaining the security of your account and password. Able Freight cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. It is imperative that You and all of Your users log out of the Service after using it each time. The Service will not automatically log You out after a set period of time. Able Freight shall not in any way be liable for any unauthorized usage on Your account.
6. You are responsible for all Content posted and activity that occurs under Your account (“Content”) (even when Content is posted by others who have accounts under Your account).
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright or trademark laws).
B. USAGE AND ACCESS: TERMS
1. Customers may access their Account and corresponding account data on the Service via web or mobile. Any usage and access is bound by these Terms of Service.
2. You expressly understand and agree that Able Freight shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Able Freight has been advised of the possibility of such damages), resulting from Your use of the Service.
3. Able Freight reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the Service (or any part thereof) and Your Account with or without notice.
C. MODIFICATIONS TO THE SERVICE
1. Able Freight reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Able Freight shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Service.
D. COPYRIGHT AND CONTENT OWNERSHIP
1. Able Freight does not pre-screen Content, but Able Freight and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
2. You shall defend Able Freight against any claim, demand, suit or proceeding made or brought against Able Freight by a third-party alleging that Your Content, or Your use of the Service, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Able Freight for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Able Freight in connection with any such claim, demand, suit or proceeding.
E. GENERAL CONDITIONS
1. Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
2. Support for the Service is only available in English, via email.
3. You understand that Able Freight uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Able Freight is not responsible for any such content and Your use of the same is at your own risk.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Able Freight, or any other Able Freight service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Able Freight.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Able Freight customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If Your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Able Freight) of other Able Freight customers, we reserve the right to immediately disable Your account or throttle Your file hosting until You can reduce Your bandwidth consumption.
12. Able Freight does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Able Freight shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Able Freight has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third-party on the Service; (v) or any other matter relating to the Service.
14. The failure of Able Freight to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between You and Able Freight and govern Your use of the Service, superseding any prior agreements between You and Able Freight (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law. This Agreement is deemed made, entered into and executed in Los Angeles, California. All actions arising out of this Agreement shall be filed in the State Courts of Los Angeles County, California.
© Able Freight Services Inc.