TOWHAUL.COM TERMS OF USE

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.

Your use of the web site towhaul.com (the "Website") is conditioned on your acceptance of these Terms of Use on behalf of yourself and your employer or any other entity you may represent (collectively, "you" or "user").

These Terms of Use constitute a legally binding agreement between you and TowHaul Corporation ("TowHaul").

THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

BY ACCESSING AND/OR USING THE WEBSITE, YOU SIGNIFY THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.

  1. Acceptance of Terms of Use and Amendments or Changes.
    You agree to read and be bound by all of the terms and conditions of these Terms of Use, any other applicable TowHaul policies, and any amendments or changes thereto. It is your responsibility to review these Terms of Use from time to time and to comply with any amendments or changes.

  2. License.
    2.1

    Use. TowHaul hereby grants you a nonexclusive, nontransferable license to access and use the Website internally in the United States via the Internet and to view and download a copy of text and/or images on the Website (the "Content") for your internal business purposes.

    You may use the Website only for the retrieval of the Content and shall comply with all applicable laws and regulations with respect to use of the Website and the Content hereunder.

    This license only grants to you the right to use the Website and Content, and you do not acquire any right of ownership or title in them.

    All right, title and interest in and to the Website and Content will at all times remain the property of TowHaul and its licensor(s) and service providers.

    Except for the right to access and use the Website as set forth above, TowHaul does not grant you any right or license to use any of TowHaul's patents, copyrights, trademarks, trade secrets or other proprietary information of any nature.

    2.2

    Linking. TowHaul hereby grants you a nonexclusive, nontransferable license to create a hyperlink to the TowHaul.com home page, on the condition that the link does not portray TowHaul or any of its products or services in a way that may be construed as derogatory or misleading.

    2.2

    Restrictions. You may not: (i) use or copy the Website or the Content except as permitted by these Terms of Use; (ii) modify, reverse engineer, decompile or disassemble any part or all of the Website or Content; or (iI) create or attempt to create derivative works based on the Website or the Content, in whole or in part.

    2.3

    Notices. Any copies and/or printouts you make of any Content must retain any copyright notices, trademark symbols and/or notices, and any other notices concerning permissions and/or proprietary rights that may appear thereon.

  3. Your Content.
    3.1

    By posting or submitting any Content, you thereby grant to TowHaul a non-exclusive, transferable, sub-licensable, royalty-free license to use, reproduce, display, perform, exhibit, publish, sell, distribute, transmit, broadcast, modify, create derivative works from, or otherwise use all or part of said Content, or authorize others to do so, in any manner or media or by any means, methods, or technologies now known or hereafter to be known throughout the world in perpetuity.

    3.2

    You represent and warrant that any Content you may post or submit will not infringe or misappropriate any copyright, patent, trademark rights of any nature, trade secrets and/or other intellectual property rights of any third party, nor will it constitute a defamation, invasion of the right of privacy or publicity, or violation of any other rights of any third party.

    3.3

    TOWHAUL DOES NOT ASSUME AND HEREBY DISCLAIMS ANY OBLIGATION TO MONITOR ANY CONTENT POSTED OR SUBMITTED BY YOU OR ANY OTHER USER, OR TO MONITOR ANY USER'S USE OF THE WEBSITE. Notwithstanding the preceding sentence, TowHaul reserves the right in its sole discretion to delete, discontinue, block access to, or modify any Content provided by you or anyone else, at any time and without notice, without incurring any liability therefor.

  4. Indemnification. You shall indemnify TowHaul, its directors, employees, agents and licensors against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable attorneys' fees), settlements, damages, judgments and the like arising from your use of the Website and/or the Content, and/or any posting or submission of Content by you.

  5. Warranties and Disclaimers of Warranties.
    5.1

    TOWHAUL AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. YOUR ACCESS TO AND USE OF THE WEBSITE, SUCH CONTENT AND OTHER INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

    5.2

    TOWHAUL AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.

    5.3

    SPECIFICALLY, TOWHAUL AND ITS LICENSORS DO NOT WARRANT THAT:

    1. THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE;

    2. THE WEBSITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS;

    3. THE WEBSITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION THE WEBSITE'S OPERATION, WILL BE ERROR-FREE; OR THAT ALL DEFECTS WILL BE CORRECTED;

    4. THE WEBSITE AND THE CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT; AND/OR

    5. THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

  6. Limitation of Remedies and Limitation of Liabilities.
    6.1

    YOUR SOLE AND EXCLUSIVE REMEDY FROM YOUR INABILITY TO USE OR ACCESS THE WEBSITE OR THE CONTENT, DEFECTS IN THE WEBSITE, OR ANY OTHER MATTER ARISING FROM YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE.

    6.2

    IN NO EVENT SHALL TOWHAUL OR ITS LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL, OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF TOWHAUL OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    6.3

    THE OBLIGATIONS OF TOWHAUL AND YOUR RIGHTS AND REMEDIES SET FORTH IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE GIVEN IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF TOWHAUL.

  7. Limitation of Remedies and Limitation of Liabilities. TowHaul may suspend or terminate your access to the Website at any time and for any reason in TowHaul's sole discretion. All rights and obligations that should by their nature survive will survive any termination of these Terms of Use, including the terms of Sections 3-6. Upon termination, you will make no further use of the Website.

  8. Notification of Copyright Infringement.
    It is TowHaul's policy to fully comply with the Digital Millennium Copyright Act (the "DMCA") and applicable regulations. Although TowHaul assumes no obligation to police the Website for the presence of materials that may be infringing or are otherwise inappropriate, TowHaul reserves the right in its sole discretion to remove or disable access to any content, and TowHaul will terminate the account of a repeat infringer in appropriate circumstances. You may report alleged copyright infringement by sending a notice that complies with the DMCA to TowHaul's designated agent to receive notification of claimed infringement (the "Designated Agent") at the following address:

    Copyright Agent
    TowHaul Corporation
    340 Andrea Drive

    Belgrade, MT 59714
    Telephone: 406-388-3424
    Fax: 406-388-1925 or 406-388-4747
    This email address is being protected from spambots. You need JavaScript enabled to view it.

    TowHaul reserves the right to change its Designated Agent without prior notice, subject to the applicable requirements of the DMCA and any applicable regulations.

    All notices of alleged copyright infringement should include substantially the following:

    • A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    • A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TowHaul to locate the material.
    • Information reasonably sufficient to permit TowHaul to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the owner's agent, or by law.
    • A statement, signed by physical or electronic signature, that the information in the notification is accurate, and, under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
    TowHaul's Designated Agent may request additional information from you.

    • PURSUANT TO THE DMCA, 17 U.S.C. ยง 512(f), ANY PERSON WHO KNOWINGLY MAKES A MATERIAL MISREPRESENTATION THAT MATERIAL IS INFRINGING, OR THAT MATERIAL WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, MAY BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES, INCURRED BY A SERVICE PROVIDER WHO IS INJURED BY SUCH MISREPRESENTATION, OR BY THE COPYRIGHT OWNER OR LICENSEE, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO SUCH MATERIAL, OR IN REPLACING OR CEASING TO DISABLE ACCESS TO THE MATERIAL.
    • For a full description of your rights under the DMCA and the procedures that must be followed, please see the full text of the DMCA, which may be found at www.copyright.gov. Nothing in these policies and terms of use is intended to supplant the requirements of the DMCA. In the event of any conflict between any provision of these policies and terms of use and the DMCA, the applicable provision of the DMCA shall control.
  9. General.
    9.1

    Assignment, Successors. No right or license under these Terms of Use may be assigned or transferred by you nor may any duty be delegated by you without TowHaul's prior written consent. Any assignment, transfer or delegation in contradiction of this provision shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the successors and assigns of you and TowHaul.

    9.2

    Waiver, Severability, Amendment. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect. These Terms of Use may be amended only in a document signed by authorized representatives of you and TowHaul.

    9.3

    Governing Law. These Terms of Use shall be governed by Montana law excluding its conflicts of laws principles. The exclusive venue for any action between the parties shall be Gallatin County, Montana (state court) or District of Montana, Butte Division (federal court).

    9.4

    Entire Agreement. These Terms of Use are the complete and exclusive agreement between the parties and supersede all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.