By using the Site, you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. You must agree to this Agreement in order to access or use the Site.
This Agreement contains the following provisions:
- Your Acceptance of this Agreement
This is an agreement between you and Comcar and governs your use of the Site, its contents and services. Each time you visit, browse, order goods through, purchase goods through, advertise goods through, access or otherwise use the Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for the purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using the Site, and to comply with all applicable laws and regulations.
By accessing this Site, you represent and warrant that you are at least eighteen (18) years old and that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
If you do not have the legal authority to agree to and accept this Agreement, or if you are not authorized to agree to and accept this Agreement, or if you do not agree with the terms of this Agreement, then you may not use the Site.
- Scope of this Agreement
Comcar is based in the state of Florida in the United States. Comcar provides this Site for use primarily by persons located in the United States and the Site is not intended to be used by persons located outside of the United States. Comcar makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and you accept full responsibility for ensuring compliance with local laws.
We may modify, suspend or terminate the operation of the Site, as well as its content and offerings, in whole and/or in part, in our sole discretion, at any time and for any reason.
- Site Ownership; Trademarks
Comcar, its affiliates, subsidiaries and/or their licensors own the Site, its content, features, functionality and systems, including the copyright and other intellectual property rights therein. All rights not expressly granted or licensed herein are reserved to Comcar, its affiliates and licensors.
- Your Use of Site Content; Monitoring
No other license or rights in the Site are granted by Comcar and all licenses and rights granted may be terminated or revoked by Comcar at any time at Comcar’s sole discretion. From time to time Comcar may, without notice, monitor your use of the Site, although Comcar is not obligated to do so.
- Comcar Confidential Information
- Third-Party Products and Services
From time to time, the Site may contain information about third party products and services. For example, Comcar may arrange for discounts to be provided on certain third party products and services, and third party products and services may be advertised on the Site. Further, Comcar may provide a section on the Site where users may post information about their property, such as trucks, trailers and other trucking-related equipment, or services they want to sell or provide (a “For Sale By Owner Service”). With respect to all such third party products and services, you should be aware that they are not being provided by Comcar and Comcar is not responsible for such goods or services or the terms on which they may be purchased or sold. If you choose to purchase such goods or services, you should carefully evaluate them and the terms upon which you are purchasing them.
- Request Mechanisms
Comcar makes available on the Site mechanisms for you to request or inquire about transportation, logistics and other non-Site-related services from Comcar or its affiliates. None of these mechanisms create a binding obligation between you and Comcar or its affiliates, and in order for you to engage Comcar or its affiliates to provide any such services, you and Comcar or the affiliate must execute separate written contracts setting forth the terms and conditions under which such services are to be provided.
- Information you provide to Comcar on the Site
Users may also from time to time submit suggestions and ideas (“Suggestions”) to Comcar via email or through User Posted Content about ways in which Comcar may improve or expand its or its affiliates’ business (such as ideas for new or improved products, services or Site features).
You are responsible for any User Posted Content and Suggestions that you provide to Comcar or post to the Site. Comcar is not responsible for any User Posted Content or Suggestions, including, without limitation, User Posted Content or Suggestions from other Site users that you may encounter in your use of the Site.
Comcar expressly reserves the right, without obligation or notice, to pre-screen, remove, modify, refuse to post, delete, block, take down, and/or edit all User Posted Content and Suggestions, for any reason, in its sole discretion.
- Acceptable Use; Prohibited Use
In addition, you agree not to provide to Comcar, post on the Site, or transmit through the Site information, materials, User Posted Content or Suggestions that:
(a) are inaccurate, false, misleading, deceptive, tortious, injurious, unlawful, threatening, abusive, defamatory, obscene, lewd, lascivious, violent, harassing, offensive, pornographic, profane or indecent, or that would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate applicable laws, rules and/or regulations;
(b) violate the proprietary rights of others, including, without limitation, the copyright, trademark, trade dress, patent, trade secret, or moral rights of others, or information or material that violates another’s rights of privacy, publicity or confidentiality;
(c) you do not have the right to provide, post or transmit; and/or
In addition, you agree not to engage in activities on or through use of the Site or using information gathered from the Site, so as to:
(b) engage in fraudulent activity;
(d) damage, delete or modify or make derivative versions of any information or material on the Site (except for deleting or modifying your own User Posted Content where the Site makes that function possible);
(e) modify any copyright or other proprietary notices or legends on the Site or information or material printed or downloaded from the Site;
(f) impersonate or misrepresent your affiliation with Comcar or frame our Site;
(g) use any robot, scraper or other automated process not provided by us to gather information or extract data from the Site;
(h) reverse engineer or copy or disassemble any programming components of the Site or otherwise endeavour to discover source code from the Site;
(i) bypass or circumvent or endeavour to bypass or circumvent measures employed to prevent or limit access to areas, code, or content of the Site;
(k) use the Site systems to send unsolicited emails;
(l) disrupt, impair, overburden or damage the Site or others’ use thereof, such as through viruses, denial of service attacks, spamming, flooding or other disruptive components or acts; and/or
(m) endanger or threaten the safety or security of or cause harm to any person or property.
While this site is not directed to or expected to be used by children, parents should know that there is a significant amount of information available to them and a variety of commercially available products and services that can assist them in implementing controls to block minors’ access to adult, violent or other content that the parent prefers to block. The Federal Trade Commission maintains a website at www.onguardonline.gov that contains information about protecting kids using the Internet.
- Copyright Infringement
Comcar respects the intellectual property rights of others, and requires that all users of this Site do the same. Comcar will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site access and termination of other privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, posted or copied on the Site in a way that constitutes copyright infringement, please notify the Comcar Copyright Agent (at the address set forth below) in writing with the following information:
(a) Your real name and your current valid working email address and telephone number with which we can contact you;
(b) Identification of the work protected by copyright that you claim has been infringed or, if multiple works have been infringed, a representative list of such works;
(c) A description of where the work that you claim infringes your work is being used or appears on the Site;
(d) A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
(f) Your electronic or physical signature.
Comcar’s Copyright Agent is: Comcar Copyright Agent, c/o Comcar Industries, 502 E. Bridgers Avenue, Auburndale, Florida 33823.
- Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
Comcar strives to make your use of the Site a useful experience. Nevertheless, neither Comcar nor any Comcar affiliate or subsidiary on whose behalf Comcar is operating this Site (the “Comcar Affiliate”), accepts any liability for your use of the Site. For that reason, the following provisions apply to your use of the Site:
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND COMCAR’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
NEITHER COMCAR NOR THE COMCAR AFFILIATE IS UNDER ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE. HOWEVER, YOU PROMISE NOT TO ALLOW ANYONE TO USE THE SITE POSING AS YOU.
THROUGH OR BECAUSE OF YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH PERSONS OTHER THAN COMCAR OR THE COMCAR AFFILIATE. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. NEITHER COMCAR NOR THE COMCAR AFFILIATE IS A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS. COMCAR AND THE COMCAR AFFILIATE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO SUCH TRANSACTIONS, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH COMCAR AND THE COMCAR AFFILIATE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMCAR AND THE COMCAR AFFILIATE MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
- THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
- THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
- PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE SITE;
- THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
- THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
COMCAR AND THE COMCAR AFFILIATE DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SITE ITSELF AND ARE INCORPORATED HEREIN BY REFERENCE.
NEITHER COMCAR NOR THE COMCAR AFFILIATE WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY COMCAR, ANY COMCAR AFFILIATE, OR ANY PERSON FOR WHOM COMCAR IS RESPONSIBLE, AND NOTWITHSTANDING THAT COMCAR OR ANY COMCAR AFFILIATE OR PERSON FOR WHOM COMCAR IS RESPONSIBLE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING DUE TO NEGLIGENCE, WILL COMCAR OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF USE OF THE SITE, SITE OPERATIONS, OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE, EVEN IF COMCAR OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF COMCAR AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THIS SITE IS LIMITED TO THE LESSER OF THE DOLLAR AMOUNT YOU PAID COMCAR TO USE THIS SITE OR $100.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF COMCAR, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF COMCAR, ITS AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE, THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, THE USE OF THE SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY COMCAR AND THE INDEMNIFIED PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE.
ADVICE AND INFORMATION PROVIDED BY COMCAR, ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR THEIR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATIONS OF CERTAIN LIABILITIES MAY BE PROHIBITED BY CERTAIN LEGISLATION AND LAWS IN SOME JURISDICTIONS AND THUS MAY NOT APPLY TO YOU.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
This Site may contain links to or from sites controlled by third parties. Comcar and the Comcar Affiliate make no representations or warranties regarding linked sites or their content or goods or services you may encounter or obtain thereon. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Comcar has no control over the contents of those sites or resources, and neither Comcar nor the Comcar Affiliate accepts responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Termination of Your Access to the Site
Comcar, in its sole and absolute discretion, may terminate, suspend, and/or limit your access to the Site, without notice or liability, at any time. Further, Comcar will investigate notices of copyright infringement and take appropriate action, including termination of access to the Site, against anyone who repeatedly infringes upon the copyright rights of others.
- Electronic Communications
By using this Site, you are consenting to receive communications from Comcar electronically with respect to your use of this Site and its contents, and you are agreeing that Comcar may communicate with you with respect to your use of this Site and its contents via email, by posting notices on the Site, and by other means of communication, including but not limited to postal mail.
- Third Party Rights
- Governing Law and Venue
- Waiver; Severability
- Assignment; Entire Agreement
- Questions or Concerns