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Terms and Conditions
PLEASE REVIEW BEFORE USING THIS SITE
S. Abraham and Sons, Inc provides the SASINC.com Web site (the "Site") as a service to its
customers, suppliers and carriers and other interested parties. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE. S. Abraham and Sons may change these Terms of Use from time to time, at S. Abraham and Sons sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.
S. Abraham and Sons also operates other Web sites, which may be subject to their own terms. Please review those Web sites for their applicable terms of use.
GENERAL PROVISIONS
USE OF INFORMATION AVAILABLE ON THE SITE
You acknowledge that S. Abraham and Sons reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
All information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of S. Abraham and Sons and/or its licensors.
Unless otherwise noted in a particular document, S. Abraham and Sons hereby authorizes you to electronically copy or print in hard copy any document published by S. Abraham and Sons on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that any such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by S. Abraham and Sons without prior written approval from S. Abraham and Sons or the appropriate supplier or licensor is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of S. Abraham and Sons, its suppliers or licensors, or any other third party.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK LAWS.
LIMITATION
ON LIABILITY
Participation in the Equipment Exchange does not give rise
to any relationship between S. Abraham and Sons and the
Buyer or the Seller. S. Abraham and Sons neither warrants or
represents the accuracy of information provided by the
Seller including, but not limited to, statements regarding
product features, specifications, capabilities, condition or
quantity available. Any dispute that arises in connection
with the purchase or sale of products through the Equipment
Exchange is solely between the Buyer and Seller. S. Abraham
and Sons will not mediate any such dispute between Buyer and
Seller, and cannot be held liable for any claim of loss,
damages or wrongdoing on behalf of either the Buyer or
Seller. S. Abraham and Sons reserves the right to make any
changes they see necessary to a sellers equipment
description.
DESIGN AND LAYOUT
The design of the Site is the property of S. Abraham and Sons. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, trademark and other laws, and may not be copied or imitated, unless specifically indicated.
LINKS TO THIRD PARTY SITES
ANY LINKS TO THIRD PARTY SITES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE. SUCH SITES ARE NOT UNDER THE CONTROL OF S. ABRAHAM AND SONS, AND S. ABRAHAM AND SONS IS NOT RESPONSIBLE FOR (I) THEIR CONTENT, (II) ANY CHANGES OR UPDATES TO THEM, (III) THE COLLECTION OF ANY PERSONAL DATA OR INFORMATION BY THE OPERATORS OF SUCH SITES OR (IV) YOUR USE OF SUCH SITES, INCLUDING TRANSACTIONS WHICH MAY BE PROCESSED ON SUCH SITES.
SUPPLIER/CARRIER INFORMATION AND IMPROPER TRANSMISSIONS
If you transmit to or otherwise provide to S. Abraham and Sons any information or data or materials (" Information "), such Information shall be deemed to be non-confidential and non-proprietary. S. Abraham and Sons shall have no obligation of any kind with respect to such Information and shall be free to reproduce, use, disclose, modify, display and distribute the Information to others without limitation. By transmitting such Information to S. Abraham and Sons, you are deemed to grant to S. Abraham and Sons a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such Information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Information.
PROTECTION OF SITE
S. Abraham and Sons also reserves the right to take any actions it deems necessary or appropriate to protect the Site and its content. You are permitted to view the Site only in its full presentation and form and are prohibited from "framing" the Site.
VIOLATION OF TERMS OF USE
You acknowledge that S. Abraham and Sons has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of S. Abraham and Sons, interfere with any other user's access or use of the Site, or if S. Abraham and Sons decides that your use is otherwise detrimental to S. Abraham and Sons, the Site, or S. Abraham and Sons suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact S. Abraham and Sons at Client Services and S. Abraham and Sons may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. S. Abraham and Sons does not have any obligation or liability to you for the performance or nonperformance of those activities.
GENERAL
These Terms of Use are governed by the laws of the State of Michigan, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Michigan in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of S. Abraham and Sons to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
For avoidance of doubt, please note that the term "Site" as used in this section encompasses all content of this Site whatsoever.
DISCLAIMERS
THE SITE IS PROVIDED BY S. ABRAHAM AND SONS "AS IS" AND WITH ALL FAULTS. S. ABRAHAM AND SONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS OR ITS OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, S. ABRAHAM AND SONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, S. ABRAHAM AND SONS SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. S. ABRAHAM AND SONS DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL S. ABRAHAM AND SONS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE EVEN IF S. ABRAHAM AND SONS OR ITS LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF S. ABRAHAM AND SONS, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend S. Abraham and Sons and its licensors, suppliers, officers, directors, employees, agents, parents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site or any breach or violation of these Terms of Use by you. You shall not settle any matter without the consent of the applicable Indemnified Party. Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder; provided that you will reimburse the Indemnified Party in full for all damages, settlements, judgments, costs and expenses (including attorneys' fees) incurred by it in connection with such action. You agree to fully cooperate as reasonably required by an Indemnified Party(ies).
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