Introduction
Please read these Terms of Use ("Terms") carefully. They contain the
legal terms and conditions that govern your use of services provided
to you by Transportation Training Systems, including information,
text, images, graphics, data or other materials ("Content") and
products and services provided through
www.freighttraining.com
and Transportation Training Systems (the "Service"). This Service is
operated by Vision Media. Vision Media is also referred to in these
Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these
Terms ("General Terms"), which contains provisions applicable to all
users of our Service, including visitors to the Transportation
Training Systems website (the "Site"). If you choose to use our
services or purchase products from the website, you will be asked to
check a box indicating that you have read, and agree to be bound by,
the additional terms set forth in Section II of these Terms
("Additional Terms").
Section I: General Terms
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Availability
This Service is provided by Transportation Training Systems on
an "AS IS" and "AS AVAILABLE" basis and Vision Media reserves
the right to modify, suspend or discontinue the Service, in its
sole discretion, at any time and without notice. You agree that
Vision Media is and will not be liable to you for any
modification, suspension or discontinuance of the service.
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Trademarks
All brand, product and service names used in this service which
identify Transportation Training Systems or third parties and
their products and services are proprietary marks of
Transportation Training Systems and/or the relevant third
parties. Nothing in this Service shall be deemed to confer on
any person any license or right on the part of Transportation
Training Systems or any third party with respect to any such
image, logo or name.
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Copyright
Vision Media is, unless otherwise stated, the owner of all
copyright and data rights in the service and its contents. You
may not reproduce, distribute, publicly display or perform, or
prepare derivative works based on any of the content without the
express, written consent of Vision Media.
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External Links
Transportation Training Systems may provide links to third-party
websites or resources. You acknowledge and agree that
Transportation Training Systems is not responsible or liable
for: the availability or accuracy of such websites or resources;
or the content, products, or services on or available from such
websites or resources. Links to such websites or resources do
not imply any endorsement by Transportation Training Systems of
such websites or resources or the content, products, or services
available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of
any such websites or resources.
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Third
Party Software
As a convenience, we may make third-party software available
through the service. To use the third-party software, you must
agree to the terms and conditions imposed by the third party
provider and the agreement to use such software will be solely
between you and the third party provider. By downloading third
party software, you acknowledge and agree that the software is
provided on an "AS IS" basis without warranty of any kind. In no
event shall Transportation Training Systems be liable for claims
or damages of any nature, whether direct or indirect, arising
from or related to any third-party software downloaded through
the Service.
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Conduct
You agree that you shall not interfere with or disrupt (or
attempt to interfere with or disrupt) this service or servers or
networks connected to this service, or to disobey any
requirements, procedures, policies or regulations of networks
connected to this service; or provide any information to
Transportation Training Systems that is false or misleading,
that attempts to hide your identity or that you do not have the
right to disclose. You agree to defend, indemnify, and hold
harmless Transportation Training Systems or Vision Media its
officers, directors, employees and agents, from and against any
claims, liabilities, damages, losses, and expenses, including,
without limitation, reasonable legal and expert fees, arising
out of or in any way connected with your access to or use of the
services, or your violation of these Terms.
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Disclaimer of Warranty and Limitation of Liability
VISION MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE
CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. VISION
MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE
FULLEST EXTENT PERMITTED BY LAW. VISION MEDIA MAKES NO WARRANTY
AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT VISION MEDIA IS
NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR
SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL
RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM
SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED
HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, VISION MEDIA
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE
OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, EVEN IF VISION MEDIA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS
AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES
OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL VISION MEDIA
AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO
VISION MEDIA PURSUANT TO THIS AGREEMENT.
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Amendment of the Terms
We reserve the right to amend these Terms from time to time in
our sole discretion. If you have registered as a member, we
shall notify you of any material changes to these Terms (and the
effective date of such changes) by sending an email to the
address you have provided to Transportation Training Systems for
your account. For all other users, we will post the revised
terms on the Site. If you continue to use the Service after the
effective date of the revised Terms, you will be deemed to have
accepted those changes. If you do not agree to the revised
Terms, your sole remedy shall be to discontinue using the
Service.
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General
These Terms constitute the entire agreement between
Transportation Training Systems and you with respect to your use
of the Service. Transportation Training Systems failure to
enforce any right or provision in these Terms shall not
constitute a waiver of such right or provision. If a court
should find that one or more provisions contained in these Terms
is invalid, you agree that the remainder of the Terms shall be
enforceable. Transportation Training Systems shall have the
right to assign its rights and/or delegate its obligations under
these Terms, in whole or in part, to any person or business
entity. You may not assign your rights or delegate your
obligations under these Terms without the prior written consent
of Transportation Training Systems. These Terms shall be
governed by and construed in accordance with the laws of the
State of ILLINOIS. Any disputes arising under or in connection
with these Terms shall be subject to the exclusive jurisdiction
of the state and federal courts of the State of ILLINOIS.
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Section II: Additional Terms
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Registration
To register as a member of the Service or purchase products, you
must be 18 years or lawfully permitted to enter into and form
contracts under applicable law. In no event may minors submit
content to the service. You agree that the information that you
provide to us upon registration, at the time of purchase, and at
all other times will be true, accurate, current and complete.
You also agree that you will ensure that this information is
kept accurate and up to date at all times. This is especially
important with respect to your email address, since that is the
primary way in which we will communicate with you about your
account and your orders.
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Password
When you register as a member you will be asked to provide a
password. You are responsible for safeguarding the password and
you agree not to disclose your password to any third party. You
agree that you shall be solely responsible for any activities or
actions under your password, whether or not you have authorized
such activities or actions. You shall immediately notify
Transportation Training Systems of any unauthorized use of your
password.
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Submitting Content
Chat Rooms and Forums - As a registered member of the Service,
you will be granted the privilege of participating in chat rooms
and forums on the Transportation Training Systems website as
part of the Service, which means you may post Your Content in
the form of text for display in these areas of the
Transportation Training Systems website, subject to your
compliance with the Terms.
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Conduct
You are responsible for all of your content you upload,
download, and otherwise copy, distribute and display using the
service. You must have the legal right to copy, distribute and
display all parts of any content that you upload, download and
otherwise copy, distribute and display. content provided to you
by others, or made available through websites, magazines, books
and other sources, are protected by copyright and should not be
uploaded, downloaded, or otherwise copied, distributed or
displayed without the consent of the copyright owner or as
otherwise permitted by law.
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You
agree that Transportation Training Systems may at any time, and
without notice, suspend or terminate any part of the Service, or
refuse to fulfill any order, or any part of any order or
terminate your membership and delete any Content stored on the
Transportation Training Systems, in Transportation Training
Systems sole discretion, if you fail to comply with the Terms or
applicable law.
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