CONDITIONS OF USE

Welcome to Daviscartage.com. Davis Cartage Company, LLC. and its subsidiaries (“Davis Cartage”) provide website features to you subject to the following conditions. If you visit or shop at Daviscartage.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Davis Cartage service or business, you will be subject to both this Conditions of Use agreement and the guidelines and conditions applicable to such service or business. Davis Cartage reserves the right, at its sole discretion, to change, modify and/or add to these Conditions of Use or the Privacy Policy, in whole or in part, at any time, without notice. You agree to review the Conditions of Use and Privacy Policy periodically to become aware of any changes.

PRIVACY

Please review our Privacy Policy, which also governs your visit to Daviscartage.com, to fully understand our practices. Our Privacy Policy is hereby incorporated into the Conditions of Use by this reference.

ELECTRONIC COMMUNICATIONS

When you visit Daviscartage.com or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Davis Cartage or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Davis Cartage and protected by U.S. and international copyright laws. All software used on, or in connection with, this site is the property of Davis Cartage or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

DAVIS CARTAGE, DAVISCARTAGE.COM and other graphics, logos, page headers, button icons, scripts, and service names are trademarks (including trade dress) of Davis Cartage in the United States and other countries, regardless of whether the marks are registered. The trademarks of Davis Cartage may not be used in connection with any product and/or service that is not of Davis Cartage, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits Davis Cartage. All trademarks not owned by Davis Cartage that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed, or sponsored by Davis Cartage. Davis Cartage does not have any authority to permit you to use, in any way, any trademarks not owned by Davis Cartage.

LICENSE AND SITE ACCESS

Davis Cartage grants you a limited, revocable and nonexclusive license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it except with express written consent of Davis Cartage. This license does not include (among other things): any resale or commercial use of this site or its contents; any collection and use of any product and/or service listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Neither this site nor any portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Davis Cartage. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Davis Cartage without the express written consent of Davis Cartage. You may not use any meta tags or any other “hidden text” utilizing trademarks of Davis Cartage without the express written consent of Davis Cartage. Any unauthorized use terminates the permission or license granted by Davis Cartage. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Daviscartage.com so long as the link does not portray Davis Cartage, or its products and/or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Davis Cartage trademark, logo or other proprietary graphic as part of the link without express written permission from Davis Cartage.

YOUR ACCOUNT

If you use this site, you agree that you are responsible for maintaining the confidentiality of any account and password belonging to you and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Davis Cartage sells products and/or services to adults who can purchase with a credit card. If you are under 18, you may use Daviscartage.com only with involvement of a parent or guardian. Davis Cartage reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors to Daviscartage.com may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of content. Davis Cartage reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you post content or submit material, unless we indicate otherwise, you grant Davis Cartage a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant to Davis Cartage the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Davis Cartage for all claims resulting from content you supply. Davis Cartage has the right but not the obligation to monitor and edit or remove any activity or content. Davis Cartage takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT AND/OR SERVICE DESCRIPTIONS

Davis Cartage attempts to be as accurate as possible. However, Davis Cartage makes no warranties that the product and/or service descriptions and any other content of this site are accurate, complete, reliable, current, or error-free.

THIRD-PARTY SITES

Daviscartage.com may link to and/or contain advertisements about non-Davis Cartage Squarespace owned or controlled websites or other Internet resources. Davis Cartage neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that Davis Cartage does not endorse or sponsor such other third-party websites or other Internet resources and Davis Cartage expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party website or other internet resources.

Your participation, correspondence or business dealings with any third party found on or through Daviscartage.com, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Davis Cartage shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site and all information, content, materials, products, and services included on or otherwise made available to you through this site are provided by Davis Cartage on an “as is” and “as available” basis, unless otherwise specified in writing. Davis Cartage makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, or services included on or otherwise made available to you through this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Davis Cartage disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Davis Cartage does not warrant that this site, its servers or e-mail sent from Daviscartage.com are free of viruses or other harmful components. Davis Cartage will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

You understand that to the extent permitted under applicable laws, in no event will Davis Cartage or any of its subsidiaries or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use (or the use of anyone using an account registered to you) of the site or any parts thereof.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW

By visiting Daviscartage.com, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Davis Cartage involving these Conditions of Use. Any such dispute will be brought only in the courts of the State of Michigan or the United States District Court for the Northern District of Michigan, and you hereby agree to submit to the personal jurisdiction of those courts.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to Daviscartage.com. We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.