Web Site Terms of Use
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE
(THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR
ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY
ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY
ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO
REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF
USE.
1. User Eligibility
2. Scope of Terms of Use
3. Modifications
4. Privacy Policy
5. License and Ownership
6. Restrictions on Use of the Web Site
7.
Shipping Related Information
8. Links
9. Submissions
10. Termination
11. Disclaimer of Warranties
12. Limitation of Liability
13. Forward-looking Statements
14. Jurisdiction
15. General
16. Written Document
17. Complete Agreement
18. Customer Service
1. User Eligibility
The Web Site is provided by Skarda Equipment Company and available only to
entities and persons over the age of legal majority who can form legally binding
agreement(s) under applicable law. If You do not qualify, You are not permitted
to use the Web Site.
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2. Scope of Terms of Use
These Terms of Use govern Your use of the Web Site and all applications,
software, and services (collectively, "Services") available on the Web Site,
except to the extent such Services are the subject of a separate agreement.
Specific terms or agreements may apply to the use of certain Services and other
items provided to You on the Web Site ("Service Agreement(s)"). Any such Service
Agreements accompany the applicable Services or are listed in association with
or through a hyperlink associated with the applicable Services.
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3. Modifications
Skarda Equipment Company may revise and update these Terms of Use at any time.
Your continued usage of the Web Site after any changes to these Terms of Use
will mean You accept those changes. Any aspect of the Web Site may be changed,
supplemented, deleted or updated without notice at the sole discretion of Skarda
Equipment Company. Skarda Equipment Company may also change or impose fees for
products and services provided through the Web Site at any time in its sole
discretion. Skarda Equipment Company may establish or change, at any time,
general practices and limits concerning other Skarda Equipment Company products
and services in its sole discretion.
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4. Privacy Policy
The Skarda Equipment Company Privacy Policy governs the use of information
collected from or provided by You at the Web Site. With respect to any
individual whose personal information is provided by You to Skarda Equipment
Company, You represent to Skarda Equipment Company that You have obtained all
necessary consents for the processing of such personal information contemplated
by the Services You are using and by the Skarda Equipment Company Privacy
Policy, including the transfer of such data to the United States or other
countries whose laws may not provide the same level of protection for the
personal data as the laws of the country of origin of such individual.
Privacy Policy
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5.License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated
with the Web Site and its contents (the "Content") are the sole property of
Skarda Equipment Company, its affiliates or third parties. You may not copy,
reproduce, modify, lease, loan, sell, create derivative works from, upload,
transmit, or distribute the Intellectual Property of the Web Site in any way
without Skarda Equipment Company's or the appropriate third party's prior
written permission. Except as expressly provided herein, Skarda Equipment
Company does not grant to You any express or implied rights to Skarda Equipment
Company's or any third party's Intellectual Property.
Skarda Equipment Company grants You a limited, personal, nontransferable,
nonsublicensable, revocable license to (a) access and use only the Web Site,
Content and Services only in the manner presented by Skarda Equipment Company,
and (b) access and use the Skarda Equipment Company computer and network
services offered within the Web Site (the "Skarda Equipment Company Systems")
only in the manner expressly permitted by Skarda Equipment Company. Except for
this limited license, Skarda Equipment Company does not convey any interest in
or to the Skarda Equipment Company Systems, information or data available via
the Skarda Equipment Company Systems (the "Information"), Content, Services, Web
Site or any other Skarda Equipment Company property by permitting You to access
the Web Site. Except to the extent required by law or as expressly provided
herein, none of the Content and/or Information may be reverse-engineered,
modified, reproduced, republished, translated into any language or computer
language, re-transmitted in any form or by any means, resold or redistributed
without the prior written consent of Skarda Equipment Company. You may not make,
sell, offer for sale, modify, reproduce, display, publicly perform, import,
distribute, retransmit or otherwise use the Content in any way, unless expressly
permitted to do so by Skarda Equipment Company.
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6. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You agree
that:
(a) You shall not disguise the origin of information transmitted through the Web
Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or software
available via the Web Site in a manner not expressly permitted by Skarda
Equipment Company.
(d) You will not input or upload to the Web Site any information which contains
viruses, Trojan horses, worms, time bombs or other computer programming routines
that are intended to damage, interfere with, intercept or expropriate any
system, the Web Site or Information or that infringes the Intellectual Property
(defined below) rights of another.
(e) Certain areas of the Web Site are restricted to customers of Skarda
Equipment Company.
(f) You may not use or access the Web Site or the Skarda Equipment Company
Systems or Services in any way that, in Skarda Equipment Company's judgment,
adversely affects the performance or function of the Skarda Equipment Company
Systems, Services or the Web Site or interferes with the ability of authorized
parties to access the Skarda Equipment Company Systems, Services or the Web
Site.
(g) You may not frame or utilize framing techniques to enclose any portion or
aspect of the Content or the Information, without the express written consent of
Skarda Equipment Company.
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7.
Shipping Related Information
Your use and access of the Shipping Related Systems and Information are subject
to the following terms:
(a) The "Shipping Related Systems" are comprised of the Skarda Equipment Company
Systems which are used to provide tracking information
related to the shipment of packages from Skarda Equipment Company. The Shipping
Related Systems and Information gained from such systems ("Shipping
Information") are to be used by You solely in connection with packages shipped to You and for no other purpose.
(b) Any use in connection with the Shipping Related Systems of automated inquiry
devices, robots, or repetitive data gathering and extraction tools, routines,
scripts or other mechanisms with similar functionality is expressly prohibited.
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8. Links
Outbound Links. The Web Site may contain links to third-party Web Sites and
resources (collectively, "Linked Sites"). These Linked Sites are provided solely
as a convenience to You and not as an endorsement by Skarda Equipment Company of
the content on such Linked Sites. Skarda Equipment Company makes no
representations or warranties regarding the correctness, accuracy, performance
or quality of any content, software, service or application found at any Linked
Site. Skarda Equipment Company is not responsible for the availability of the
Linked Sites or the content or activities of such sites. If You decide to access
Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites
is subject to any applicable policies and terms and conditions of use, including
but not limited to, the Linked Site's privacy policy.
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9. Submissions
Skarda Equipment Company does not accept ideas, concepts, or techniques for new
services or products through the Web Site ("Comments"). If such Comments are
received, You acknowledge that (a) they will not be considered confidential or
proprietary, (b) Skarda Equipment Company and its affiliates are under no
obligation to keep such information confidential, and (c) Skarda Equipment
Company will have an unrestricted, irrevocable, world-wide, royalty-free right
to use, communicate, reproduce, publish, display, distribute, and exploit such
Comments in any manner it chooses.
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10. Termination
You agree that Skarda Equipment Company, in its sole discretion, may terminate
or suspend Your use of the Web Site, the Skarda Equipment Company Systems,
Information, Services and Content at any time and for any or no reason in its
sole discretion, even if access and use continues to be allowed to others. Upon
such suspension or termination, You must immediately (a) discontinue use of the
Web Site, and (b) destroy any copies You have made of any portion of the
Content. Accessing the Web Site, the Skarda Equipment Company Systems,
Information or Services after such termination, suspension or discontinuation
shall constitute an act of trespass. Further, You agree that Skarda Equipment
Company shall not be liable to You or any third party for any termination or
suspension of Your access to the Web Site, the Skarda Equipment Company Systems,
Information and/or the Services.
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11. Disclaimer of Warranties
Skarda Equipment Company MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE
OBTAINED FROM USING THE WEB SITE, THE Skarda Equipment Company SYSTEMS, THE
SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEB SITE, THE Skarda Equipment Company SYSTEMS, THE INFORMATION, THE
SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. Skarda Equipment
Company, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
Skarda Equipment Company AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR
TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE
USE OF THE WEB SITE OR THE Skarda Equipment Company SYSTEMS. NO INFORMATION
OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
BY Skarda Equipment Company IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE
LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE
DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE
NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS
AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR
AND REASONABLE.
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12. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT Skarda
Equipment Company IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, Skarda
Equipment Company IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL Skarda Equipment Company, ITS AFFILIATES,
ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE
LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE
Skarda Equipment Company SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER
BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT Skarda Equipment Company IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE
TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN
THESE TERMS OF USE.
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13. Forward-looking Statements
Except for historical information contained herein, the statements made in this
Web Site constitute forward-looking statements within the meaning of Section 27A
of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of
1934. Such forward-looking statements involve certain risks and uncertainties,
including statements regarding the intent, belief or current expectations of
Skarda Equipment Company and its management regarding the company's strategic
directions, prospects and future results. Certain factors may cause actual
results to differ materially from those contained in the forward-looking
statements, including economic and other conditions in the markets in which we
operate, our competitive environment, long-term regulatory, economic and other
effects from the events of September 11, 2001, strikes, work stoppages and
slowdowns, governmental regulation, increases in aviation and motor fuel prices,
cyclical and seasonal fluctuations in our operating results, and other risks
discussed in the company's filings with the Securities and Exchange Commission,
which discussions are incorporated herein by reference.
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14. Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY
PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE Skarda
Equipment Company SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED
IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF Douglas, NE, UNITED STATES
OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR
HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH
PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
RELATED TO YOUR USE OF THE WEB SITE, THE Skarda Equipment Company SYSTEMS,
INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER
SUCH CLAIM OR CAUSE OF ACTION AROSE.
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15. General
You may not assign these Terms of Use or any of Your interests, rights or
obligations under these Terms of Use. If any provision of these Terms of Use is
found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of
these Terms of Use, which shall remain in full force and effect. No waiver of
any of these Terms of Use shall be deemed a further or continuing waiver of such
term or condition or any other term or condition.
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16. Written Document
You may preserve these Terms of Use in written form by printing them for Your
records, and You waive any other requirement that these Terms of Use be
evidenced by a written document.
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17. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN
AGREEMENT BETWEEN YOU AND Skarda Equipment Company OR IN THE APPLICABLE Skarda
Equipment Company RATE AND SERVICE GUIDE OR Skarda Equipment Company TARIFF,
THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND Skarda
Equipment Company WITH RESPECT TO THE USE OF THE WEB SITE, THE Skarda Equipment
Company SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED
THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND
AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
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18. Customer Service
Questions or comments regarding the Web Site may be submitted to Skarda
Equipment Company Customer Service.