Please read the Web Terms carefully. Dayton Freight reserves the right, at its sole discretion, to change, modify and/or add to these Web Terms, in whole or in part, at any time, without notice. You agree to review the Web Terms periodically to become aware of any changes. Further, by accessing and using the Website and/or Services, You represent and warrant that You: (i) are 18 years of age or older and of legal age to enter into a binding agreement; and (ii) will use the Website and/or Services in a manner consistent with any and all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE WEB TERMS, DO NOT USE THE WEBSITE OR THE SERVICES.
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 to the 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. You agree that you will not take any actions inconsistent with Dayton Freight’s ownership of the Website and content.
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. You agree that you will not take any actions inconsistent with Dayton Freight’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Website and/or Services.
LICENSE AND SITE ACCESS
Subject to the Web Terms, Dayton Freight grants You a limited, revocable, nontransferable, and nonexclusive license (without the right to sublicense) to access and use the Website and the Services solely for Your personal use. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
You may not download (other than page caching) or modify the Website or Services or any portion of the Website or Services 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 or through the Services: (1) resell or commercially use the Website or Services, or their 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; (5) data mine or use robots or similar data gathering and extraction tools on the Website; (6) reverse engineer, decompile, disassemble, or otherwise obtain the source code of the Website; (7) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website; or (8) use reports, content, electronic documentation, or other materials available on the Website or Services to feed any downstream product, application, or 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. Dayton Freight further reserves the right to refuse service, to block or prevent future access to and use of the Website and/or Service, to terminate any user’s account, and to alter or delete any material submitted to the Website and/or Service through the user’s account, 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. Following termination of this license, these Web Terms shall apply to the extent practicable.
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. You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). Dayton Freight reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
By creating an account, you consent to receive communications from us electronically via the e-mail address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to e-mail you informational communications about your account or administrative notices regarding the Website and/or Services, as permitted under the CAN-SPAM Act.
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 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 and our affiliates and service providers 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, display, and otherwise disclose to third parties such User Content throughout the universe in any media now known or hereafter devised for any lawful purpose whatsoever. Therefore, we request that you not provide us User Content in which you do not wish to grant us, our affiliates, or our service providers such rights. You grant to Dayton Freight and our affiliates and service providers 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. We shall not be liable for any alteration or deletion of any User Content. You acknowledge, consent, and agree that we may access, preserve, and disclose any inappropriate conduct, your account information, and any User Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Web Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Dayton Freight, its affiliates, personnel, other users, and the public.
Dayton Freight takes no responsibility and assumes no liability for any User Content or any content posted by a third party or otherwise made available via the Website or Services. The opinions expressed in postings or other User Content may not represent the views or opinions of Dayton Freight or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content. Any User Content is provided “as is.” You understand that by using the Website or Services, you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website or Services. You should be aware that your use of and reliance on User Content is at your own risk.
CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON SERVICES
The information on the Website and Services may contain typographical errors or inaccuracies, and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. We also reserve the right to limit the scope of services (including after you have submitted your request). Dayton Freight apologizes for any inconvenience this may cause you.
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
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.
THE WEBSITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY DAYTON FREIGHT FROM ITS OFFICES WITHIN THE UNITED STATES. DAYTON FREIGHT MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE WEBSITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.
LIMITATIONS OF LIABILITY
NEITHER dayton freight NOR ANY OF dayton freight’s employees, subsidiaries, affiliates, agents, representatives, distributors, or licensors WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE webSITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) Personal Injury, property damage, cost of substitute goods or services, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (2) attorneys’ fees; or (3) any other INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF dayton freight HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, dayton freight WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, or inability to use, THE website or services, OR FROM YOUR DOWNLOADING OF ANY content or MATERIALS FROM THE website or services, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON dayton freight’s COMPUTERS AND/OR SERVERS. dayton freight WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF dayton freight’s WEBSITE and associated SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF dayton freight, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR SERVICES EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY TO ACCESS THE WEBSITE WITHIN THE PRECEDING THREE (3) MONTHS.
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 LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY 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. You further agree to file any cause of action with respect to these Web Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
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.
If any provision of these Web Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Web Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Web Terms. Dayton Freight’s failure to act with respect to a breach of these Web Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Web Terms. Notwithstanding any provision of these Web Terms, Dayton Freight has available all remedies at law or equity to enforce these Web Terms. Dayton Freight shall have the right to assign these Web Terms and to sublicense any and all of its rights under these Web Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Web Terms reflect a fair and reasonable allocation of risk between you and Dayton Freight, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
You agree to indemnify, defend, and hold harmless Dayton Freight and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Website or Services; (b) Content you post or submit to the Website or Services; or (c) your breach of any provision of these Web Terms or any warranty provided hereunder.
SITE POLICIES, MODIFICATION AND SEVERABILITY
If you have any questions about these Web Terms, the practices of the Website or Services, or your dealings with Dayton Freight, please contact us at:
Attn: Joseph Schuh
Dayton Freight Lines, Inc.
6450 Poe Avenue, Suite 311
Dayton, OH 45414