Terms of Use

AcuoSerra LLC Online Community Terms of Use

Welcome to the AcuoSerra LLC ("AcuoSerra", "us" "our") Online Community. These Terms of Use and any web pages that display a direct link to these Terms of Use (collectively the "Site"), provide information and services to you and are available to all registered individuals and entities, (collectively "Users").

General. AcuoSerra reserves the right, in its sole discretion, to modify the Terms at any time effective upon posting of the modified Terms on the Site, without notice to you. Your initial acceptance and continued use of the Site or any materials or services accessible through it, including submission of documents, after such posting or notification means you accept the modifications. "Use or Using" means, but is not limited to, any text, links, images, content, communications, opinions, software, data, and any other content any person provides on the Site, including, but not limited to message boards. AcuoSerra also reserves the right to waive or modify any of these Terms as they apply to a specific user without affecting the application of these Terms to all other users.

AcuoSerra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). AcuoSerra shall not be liable to any User or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

As described below, Users who violate the Terms may be banned permanently from using, posting or otherwise participating within or accessing the Site.

Copyrights and Trademarks. Unless otherwise noted, all materials including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by AcuoSerra, one of its affiliates or by third parties who have licensed their materials to AcuoSerra and are protected by U.S. Copyright laws. The compilation of all content (exclusive of content provided via links to third party websites -- see "Use of Links" herein) on this Site is the exclusive property of AcuoSerra and is also protected by copyright laws.

AcuoSerra expressly reserves all intellectual property rights and all text, programs, products, processes, technology, content and other material which appears on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone, any license under any of AcuoSerra or any third parties intellectual property rights.
AcuoSerra name and logo(s) and all related product and service names, design marks and slogans are the trademarks or service marks of AcuoSerra, other marks are property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize you to use any name, logo or mark in any manner.

Use of Site. If you elect to download or copy the contents of this Site, no right, title or interest to any of the material is transferred to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way the contents of this Site or any related software. All software used in the operation or creation of this Site is the property of AcuoSerra and is protected by U.S. Copyright law.

You are entirely responsible for maintaining the confidentiality of your username and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AcuoSerra immediately of any unauthorized use of your account or any other breach of security. AcuoSerra will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AcuoSerra or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.
Your email address, last name, and zip code on your registration will remain confidential. Additional information provided in your registration such as Products and Services used and Industry may be used by the Site to provide you with content unique and personalized to you and other registered Users with similar profiles. For more information regarding our privacy policy, please click on the Privacy link at the bottom of the Site.

Users must maintain and promptly update registration data as necessary to keep it true, accurate, current and complete. If, after investigation, AcuoSerra has reasonable grounds to suspect that any Registered User's information is untrue, inaccurate, not current or incomplete, AcuoSerra may suspend or terminate that Registered User's account and prohibit any and all current or future use of the Site (or any portion thereof) by that Registered User other than as expressly provided herein. Carrier and Equipment Owner Users guarantee to maintain and abide by the terms and rules implied and/or published by Loading Facility locations that they request access for their equipment.

Use of Links. The Site may provide links to other Web sites or resources over which AcuoSerra does not have control ("External Web Sites"). Such links do not constitute an endorsement by AcuoSerra of those External Web Sites. You acknowledge that AcuoSerra is providing these links to you only as a convenience, and further agree that AcuoSerra is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

Confidentiality and Non-Disclosure. Users may have access to and be made aware of trade secrets and confidential information of AcuoSerra related to information processing, pricing information, processes, systems computer software, research and development and intellectual property or any confidential knowledge related to our services (collectively, “Confidential Information”). The parties acknowledge that these trade secrets, confidential business information, special skills, and know-how which AcuoSerra possesses are valuable commercial assets of AcuoSerra, that AcuoSerra would suffer irreparable harm and damage if used by User in competition with AcuoSerra, and that the restrictions set forth in this Agreement are reasonable and necessary to protect against such unfair competition by User.

Noncompetition. User including principals of user's company agrees that it will not, during the tenure of any business relationship in which it engages with AcuoSerra, and for a period of one (1) year thereafter (or for one (1) year after the date of this Agreement if the parties do not enter into a business relationship), directly or indirectly, individually or as an agent, consultant, shareholder, partner or otherwise: (i) induce or attempt to induce any customer, supplier, licensee or other business relationship of AcuoSerra to cease doing business with AcuoSerra, or in any way interfere with the relationship between any such customer, supplier, licensee or business relation and AcuoSerra (including, without limitation, making any negative statements or communications concerning AcuoSerra), and/or (ii) establish, engage in, or become interested in, directly or indirectly, any business, trade, or occupation which competes with the information processing, pricing information, processes, systems computer software, research and development and intellectual property or any confidential knowledge related to services carried on by AcuoSerra anywhere in the geographical area in which AcuoSerra is then engaged or to such other geographical area as a court shall find reasonably necessary to protect the goodwill and business of AcuoSerra.

Injunctive Relief. User agrees that no adequate remedy at law exists in order to compensate AcuoSerra for User’s breach of any of the covenants contained in this Agreement. User further agrees that in the event it violates any of said covenants, AcuoSerra shall, in addition to any other rights and remedies available, at law or otherwise, be entitled to an injunction to be issued by a court of competent jurisdiction enjoining and restraining User from committing any violation of said covenants.

Use of Confidential Information. User shall not at any time utilize any confidential information made available to it pursuant to this agreement except for the purpose set forth in this agreement nor shall User directly or indirectly disclose such confidential information or permit such confidential information to be disclosed to any person or concern except to those of its employees who have a need to know for the purposes contemplated by this agreement. Users shall not use the confidential information to engage directly or indirectly in or with any individual, firm, Corporation, partnership, association, or other entity or enterprise in business in competition with AcuoSerra.

Submission of Information. Information submitted to AcuoSerra via this Site and related services shall become the property of AcuoSerra. AcuoSerra may use the information submitted in its business operations including but not limited to any ideas, concepts or suggestions. Such disclosure, submission or offer of any information to AcuoSerra shall constitute an assignment of all rights, titles in interest and all copyrights and other intellectual properties in the information. AcuoSerra is not and shall not be required to maintain confidentiality for such information, to pay the user or submitter of such information compensation for the information, or respond to any information submitted. You agree that you will not submit any information to the Site which will or could violate any copyright, trademark, privacy or other protected information of a third party. You agree that you will not submit information to the Site constituting libelous, harassing, degrading, abusive, obscene or otherwise illegal material. You will be held solely responsible for the content of any information submitted. For these reasons, we ask that you not send any information you do not wish to have assigned to AcuoSerra including any confidential information or any original creative materials such as stories, ideas, computer code or original artwork.

Agent or Agent Status. AcuoSerra will work as an agent for User to perform services on User’s behalf using information from information submitted, including the possible image or likeness of signature fields. AcuoSerra cannot provide legal or regulatory advice and can only provide self-help services at the User’s specific direction.

DISCLAIMER. THIS SITE IS PROVIDED BY ACUOSERRA ON A “AS-IS” AND “AS AVAILABLE” BASIS. ACUOSERRA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ACUOSERRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCESSIBLE CONTENT OF THIS SITE. FURTHERMORE, DELIVERY OF INFORMATION AT THE DIRECTION OF THIS SITE IS NOT WARRANTIED AGAINST EQUIPMENT, ELECTRONIC, INTERNET OR PHONE LINE FAILURES INCLUDING THOSE DEEMED AS ACTS OF GOD.

NO LIABILITY. YOU AGREE THAT IN YOUR USE OF THIS SITE YOU WILL NOT HOLD ACUOSERRA, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, AFFILIATES AND/OR BUSINESS PARTNERS LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION. 


Modification of Site. AcuoSerra reserves the right to alter, change, modify and correct the material available on this Site, including the Terms and Conditions of Use at any time without prior notice. Said changes shall supersede the previous Terms and Conditions of Use or other material without the user’s consent. AcuoSerra may terminate your use of the Site at any time without notice.

Viruses. AcuoSerra cannot and does not guarantee or warrant that files available for downloading from this Site are free of viruses, worms, trojan horses or other codes that may have contaminating or destructive properties. It is the user’s responsibility to review and scan any and all downloaded materials from this Site or any links provided by this Site. AcuoSerra will not be responsible or liable for any damage caused by your use of this Site.

Inaccuracies, Omissions, or Errors. The descriptions, pictures, representations of products or other information available on this Site may contain inaccuracies, omissions, and/or errors. While every effort is made to eliminate errors or omissions, AcuoSerra does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on this Site may change without notice to you at any time in AcuoSerra's sole discretion. AcuoSerra shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.

Indemnification. You agree to defend, indemnify and hold harmless AcuoSerra its affiliates, subsidiaries and their employees, officers, directors, contractors, agents and business partners from any and all liabilities, claims and expenses, including attorneys fees, that may arise from or be related to your use or misuse of this Site or breach of these Terms and Conditions of Use. AcuoSerra reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AcuoSerra in asserting any available defense.

Termination of Membership. Your privilege to use or access the Site may be terminated by AcuoSerra immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re- register or otherwise make use of the Site. Furthermore, you acknowledge that AcuoSerra reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that AcuoSerra may exercise this right in its sole discretion.