Terms of Service

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Roadside Hamzat’s use of cookies in accordance with the terms of Roadside Hazmat’s [privacy policy / cookies policy].]

Disclaimer

Roadside Hazmat cannot guarantee that the Site or its content is error free and Roadside Hazmat makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

Roadside Hazmat is offered and intended as a news,information and opinion website for USDOT, FMCSA and other federal and state laws to assist the user in compliance with those laws as they may or may not pertain to their employment and/or business. Roadside Hazmat absolutely DOES NOT intend any of the content of this website to be construed in any way as legal advice or advocation of any specific safety plan. If you have legal problems with any federal, state, county or city jurisdictions you should seek licensed professional legal help. Use of the information contained on this website is advisory in nature.

Users of this website are advised to do their own due diligence when it comes to making compliance decisions and all information, products, services that have been provided should be independently verified by your own qualified legal/safety professional. By reading this website, you agree that Roadside Hazmat and myself are not responsible for the success or failure relating to any information presented in this website and/or email. If you are unsure that this information is right for your circumstances or your situation, please consult a lawyer or qualified transportation safety professional.

THIS SITE IS PROVIDED BY Roadside Hazmat ON AN “AS IS” AND “AS AVAILABLE” BASIS. Roadside Hazmat MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Roadside Hazmat DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Roadside Hazmat MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Roadside Hazmat, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Roadside Hazmat MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

License to use website

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Roadside Hazmat, except that:

1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
2. Any copies of documents or pages from the Site must not alter the original Site content and must include the Roadside Hazmat copyright notice: © 2007 – 2014 Roadside Hazmat. All Rights Reserved.
3. You may link to this Site provided that the link does not falsely imply or suggest that Roadside Hazmat has endorsed or is affiliated with the linked Site.

Users of the Site must not:

1. Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
4. Attempt to circumvent the security systems of the Site.
5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Iron Mountain server.
6. Attempt to use the Site for any purposes other than those intended by Roadside Hazmat, as determined by Roadside Hazmat in its sole discretion.
7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Roadside Hazmat becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, Roadside Hazmat reserves the right to revoke your right to these permitted uses.

Restricted access

Access to certain areas of this website is restricted.]  Roadside Hazmat reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Roadside Hazmat’s discretion.

If Roadside Hazmat provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Roadside Hazmat may disable your user ID and password in Roadside Hazmat’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Roadside Hazmat a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Roadside Hazmat the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Roadside Hazmat or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Roadside Hazmat reserves the right to edit or remove any material submitted to this website, or stored on Roadside Hazmat’s servers, or hosted or published upon this website.

Notwithstanding Roadside Hazmat’s rights under these terms and conditions in relation to user content, Roadside Hazmat does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Proprietary Information Consent

If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are not a customer of Roadside Hazmat and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with Roadside Hazmat, send a request with your proposed use to webmaster@roadsidehazmat.com so that the webmaster may evaluate your proposed use of Roadside Hazmat’s Site Content.

If the webmaster approves your request to use Roadside Hazmat’s Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within Roadside Hazmat’s Site for the sole purposes specified in your Request form. You agree to all terms below:

1. Not to modify the documents, publications or graphics
2. Not to quote materials out of context
3. To retain and display the copyright notice of Roadside Hazmat on such Content

Roadside Hazmat shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the Iron Mountain Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of Roadside Hazmat’s Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within Roadside Hazmat’s Site which you propose to use, subject to Roadside Hazmat’s consent.

Limitations of liability

ROADSIDE HAZMAT will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ROADSIDE HAZMAT has been expressly advised of the potential loss.

Neither Roadside Hazmat, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Roadside Hazmat be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Roadside Hazmat has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Roadside Hazmat would not grant access to the Site without your agreement to this term.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Indemnity

You hereby indemnify ROADSIDE HAZMAT and undertake to keep ROADSIDE HAZMAT indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ROADSIDE HAZMAT to a third party in settlement of a claim or dispute on the advice of ROADSIDE HAZMAT legal advisers) incurred or suffered by ROADSIDE HAZMAT arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of Roadside Hazmat. Nothing posted on this Site grants a license to any Roadside Hazmat trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Breaches of these terms and conditions

Without prejudice to ROADSIDE HAZMAT other rights under these terms and conditions, if you breach these terms and conditions in any way, ROADSIDE HAZMAT may take such action as ROADSIDE HAZMAT deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ROADSIDE HAZMAT may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

ROADSIDE HAZMAT may transfer, sub-contract or otherwise deal with ROADSIDE HAZMAT rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

Third Party Trademarks

Trademarks displayed on this Site not owned by Roadside Hazmat are the property of their respective owners, who may or may not be affiliated with Roadside Hazmat. Nothing contained on this Site should be construed as granting any license or right to use any
third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.

Linked Sites

This Site may link to or be linked from other websites that are not maintained by, or related to, Roadside Hazmat. Roadside Hazmat does not endorse, and is not responsible for, the content of any of those third-party websites.

International Use

Roadside Hazmat makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Thank you for visiting our Site. Please contact us at webmaster@roadsidehazmat.com if you have any questions.

Roadside Hazmat