Unless otherwise stated, the contents of the Website, including, but not limited to, the text, images and video contained therein and their arrangement are the property of Agero, and Agero retains all right, title and interest in the Website, including all intellectual property rights related thereto. No license to any Agero or our Clients’ intellectual property has been granted by these Terms of Service. All trademarks, logos and service marks used or referred to in the website (collectively, “Trademarks”) are the property of their respective owners. Your use of the Trademarks displayed in the Website, or any other content in the Website, except as provided in these Terms of Service, is strictly prohibited. You are advised that Agero will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The Website and the content provided in the Website, including, but not limited to, text, images, buttons, html code, audio and video, may not be modified, copied, reproduced, reverse engineered, republished, uploaded, posted, transmitted, sold, loaned, or distributed in any way, without the prior written consent of Agero, except that you may download, display, and print one copy of the materials on any single Device solely for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed in the Website, your keeping intact all copyright, Trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Website. Notwithstanding the foregoing, any software, application and other materials that are made available for downloading, access, or other use from the Website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. You agree not to exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Except for the limited permission in the preceding paragraphs, Agero does not grant you any express or implied rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from the Website on another website or in any other media.
You are prohibited from transmitting any information or providing any content that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal. You further agree not to use the Website in any manner to harass, abuse, stalk, threaten, or otherwise infringe or violate the rights of any other party, and that Agero is not in any way responsible for any such use by you, nor for any harassing, threatening, offensive or illegal messages or transmissions that you may receive as a result of using the Website. Agero reserves the right to take any actions that we deem necessary or appropriate to minimize our liability arising from your transmissions or any content you provide, or to preserve our relationships with our Clients and service providers (including our Internet access providers). Agero will fully cooperate with any law enforcement authorities or court order requesting or directing Agero to disclose the identity of anyone posting any such information or content.
Use of the Website requires involvement of hardware, services, and applications that were not developed by Agero and that are not under the control of Agero, such as your Device, the mobile network provided by your wireless service provider, your Device’s browser, email and SMS programs, internet connection, hardware, software, computer, and other applications. Agero cannot assure you that those third party services, hardware and applications will function correctly with the Website, and must expressly deny any liability related to the involvement and interaction with these third party services, hardware and applications.
The Website makes use of a data network operated by your wireless service provider to send data, location information, pictures, video, audio and other forms of information (“Digital Content”) from your mobile Device to our servers and call centers, and to send information back to you. Depending on your data plan, you may incur charges from your wireless service provider for use of their network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services.
You are solely responsible for any and all costs you incur as a result of your usage of this Application.
The Website may contain links to and from other websites. Agero makes no representations whatsoever about any other website that you may have accessed from the Website. Agero is not responsible for the privacy practices or content of those websites and Agero denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AGERO AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGERO OR AN AGERO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE WEBSITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WITHOUT LIMITATION, AGERO MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, WE, AND NOT VENDOR, SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.
YOU MUST COMPLY WITH FEDERAL AND STATE/PROVINCIAL AND LOCAL LAWS REGARDING THE USE OF ANY DEVICES, INCLUDING, WITHOUT LIMITATION, SMARTPHONES, TABLETS AND OTHER MOBILE DEVICES, WHILE DRIVING OR PERFORMING ANY OTHER ACTIVITY THAT REQUIRES CAREFUL ATTENTION, AND AGERO SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USING THE WEBSITE WHILE DRIVING OR PERFORMING ANY OTHER ACTIVITY THAT REQUIRES CAREFUL ATTENTION.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AGERO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AGERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AGERO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Please note that Agero will periodically make changes to these Terms of Service, and other guidelines and rules posted on the Website and we reserve the right to change these Terms of Service at any time. Agero will alert you that changes have been made by indicating at the top of these Terms of Service the date they were last updated. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage you to visit these Terms of Service often. These Terms of Service take precedence over any previous terms that we have issued related to the Website and your continued use of the Website constitutes your acceptance of any amendments to and the most recent version of these Terms of Service.
These Terms of Service become effective immediately when you access and browse the Website and shall remain in effect until your use of the Website is terminated.
You may terminate your access to the Website at any time. Your failure to comply with these Terms of Service will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Agero reserves the right to terminate these Terms of Service and your right to use the Website at any time and for any purpose upon notice. Upon termination, your right to use the Website shall cease.
These Terms of Service regarding limits on liability, arbitration and voluntary submissions shall survive the termination of these Terms of Service, and shall remain in effect indefinitely.
These Terms of Service and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the Commonwealth of Massachusetts. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Website or these Terms of Service shall be in the federal or state courts of the Commonwealth of Massachusetts.
No amendment to or modification of these Terms of Service will be binding unless in writing and signed by Agero.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Service. Please see the applicable agreement or notice.
Any dispute, claim or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or relating to the Website, shall be settled by arbitration administered by the American Arbitration Association (the “arbitration association”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AGREE THAT, BY USING THE WEBSITE, YOU AND AGERO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR CONSOLIDATION WITH OTHER ARBITRATIONS. These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
The arbitration will be conducted by a single arbitrator who is knowledgeable in commercial disputes and who is selected by mutual agreement of the parties or, failing such agreement, will be selected according to the arbitration association rules. Each party shall bear its own costs and expenses, and only the prevailing party shall be entitled to an award of reasonable attorney’s fees. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Agero must be addressed to: General Counsel, Agero, One Cabot Road, Medford, MA 02155. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Agero and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Agero may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Agero or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Agero is entitled.
Should you have any questions, comments, complaints or claims relating to the Website or these Terms of Service, please contact us by mail at Agero, P.O. Box 9139, Medford, MA 02155. Please include enough information so we can contact you. Requests will be processed as soon as practical.
Cross Country Motor Club, Inc. and Cross Country Motor Club of California, Inc. are subsidiaries of Agero, Inc.
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