Terms & Conditions

Terms and Conditions

Thank you for visiting the website of ABA CARGO (“ABA CARGO”, “we” or “us”).

These Terms and Conditions of Website Use (“Terms and Conditions”) set forth the legally binding terms and conditions that govern your access to and use of this website (www.aba-cargo.com (the “Site”)) and its contents. By using the Site, you accept these Terms and Conditions. If you do not agree to these Terms and Conditions for any reason, do not use the Site.

We may update these Terms and Conditions at any time. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.

ACCEPTABLE USE POLICY.

You agree to and will comply in all material respects with any and all laws, statutes, ordinances, and regulations applicable to your use of the Site. You agree not to use the Site to collect, upload, transmit, display, or distribute any information, data, and other content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; or (g) introduce software or automated agents or scripts to the Site so as to generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site.

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive site; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

ABA CARGO has the right, but not the obligation, to monitor this Site for any conduct that violates ABA CARGO’s Acceptable Use Policy or any other provision of the Terms and Conditions and to take all appropriate actions in response, without notice to you. We reserve the right to change or supplement our policies as to acceptable and prohibited uses at any time to the fullest extent permitted by applicable law.

All content on our Site is the intellectual property of ABA CARGO or other parties and is protected by copyright and other intellectual property law. All trademarks, logos and service marks (“Marks”) displayed on the Site are ABA CARGO property or the property of other third parties. You are not permitted to use these Marks without ABA CARGO’s prior written consent or the consent of such third party which may own the Marks. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site are owned by ABA CARGO or ABA CARGO’s licensors. ABA CARGO’s provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

LINKS TO THIRD-PARTY CONTENT.

This Site contains links to third party websites, services, and advertisements for third parties not (collectively, “Third-Party Content”). Such Third-Party Content is not under the control of ABA CARGO and ABA CARGO is not responsible for any Third-Party Content. ABA CARGO provides links to Third-Party Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content s. ABA CARGO makes no judgment or warranty with respect to the accuracy, timeliness, or suitability of any Third-Party Content, including information contained in such Third-Party Content regarding ABA CARGO, and ABA CARGO takes no responsibility thereof. You access and use all Third-Party Content at your own risk. When you access Third-Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Content

FEEDBACK, SUBMISSIONS.

If you provide ABA CARGO any feedback, suggestions, bug reports, system errors, and other information or ideas regarding the Site (“Feedback”), you hereby assign to ABA CARGO all rights in the Feedback and agree that ABA CARGO shall have the right to use such Feedback and related information in any manner it deems appropriate. Unless otherwise required under these Terms and Conditions, ABA CARGO has no obligation to review, respond to, resolve complaints or issues identified in, or otherwise address any Feedback you provide. ABA CARGO will treat any Feedback you provide to ABA CARGO as non-confidential and non-proprietary. You agree that you will not submit to ABA CARGO any information or ideas that you consider to be confidential or proprietary.

DISCLAIMERS, RELEASE, AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND ABA CARGO EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ABA CARGO MAKES NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABA CARGO OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED THEREON SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ABA CARGO RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE OR ANY PART THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT ABA CARGO WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITE OR ANY PART THEREOF.

YOU HEREBY WAIVE AND RELEASE ABA CARGO (AND ABA CARGO’S SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE ARISING FROM YOUR USE OF THE SITE, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES.

IN NO EVENT SHALL ABA CARGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR BUSINESS INTERRUPTION, EVEN IF ABA CARGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ABA CARGO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIS SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU TO US FOR USE OF THE SITE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH WE PAY ANY SUCH CLAIM.

INDEMNITY

AS CONSIDERATION FOR ACCESS TO THE SITE, YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS ABA CARGO FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR BREACH OF THESE TERMS AND CONDITIONS.

INTERNATIONAL USE

Access to the Site from countries or territories where such access is illegal is prohibited. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. Our databases are located in the United States. By sending us your data, you consent to its transfer to and storage within the United States.

DISPUTE RESOLUTION

These Terms and Conditions shall be deemed to have been drawn in accordance with and will be governed by the laws of the United States and of Illinois, without regard to the choice-of-law rules of that or any other jurisdiction. In the event of any disagreement or dispute arising from or in connection with these Terms and Conditions, such disagreements or disputes shall be brought exclusively in the state court of proper jurisdiction in the state or federal courts serving San Diego, California. The parties hereby agree to the exclusive jurisdiction such courts and waive any defenses to venue in or personal jurisdiction of such courts. Notwithstanding the foregoing, the parties may mutually agree in writing to submit any such disagreement or dispute to binding arbitration.

COMPLETE AGREEMENT

In the event of inconsistency or discrepancy between these Terms and Conditions and any other agreement you have entered into with ABA CARGO, the other agreement shall prevail and govern. To the extent you access the Site without having entered into a separate set of Terms and Conditions of Use, these Term and Conditions of Website Use shall constitute the entire agreement of the parties with reference to the subject matters herein.

SEVERABILITY, WAIVER

If, for any reason, a court of competent jurisdiction finds any provision in this Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions and the remainder shall continue in full force and effect. The failure of ABA CARGO to exercise any right or privilege arising under these Terms and Conditions shall not be deemed a waiver of any of ABA CARGO’s rights or privileges herein.

ACKNOWLEDGEMENT

BY ACCESSING OR USING THE SITE, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.