Terms of Use

Last Modified: 04/18/2017

ACCEPTANCE OF THE TERMS OF USE
These TERMS OF USE are entered into and are a binding agreement by and between You and ARS Holdco Corp. and its subsidiaries (“Company”, “we” or “us”). The following terms and conditions (these “TERMS OF USE”) govern your access to and use of www.apprailcar.com including any content, functionality and services offered on or through www.apprailcar.com (the “WEBSITE”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. By clicking, “I Agree” when the option is made available to you, you accept and agree to be bound and abide by these TERMS OF USE and our PRIVACY POLICY, found at this link, incorporated herein by reference. If you do not want to agree to these TERMS OF USE or the PRIVACY POLICY, you must not access or use this WEBSITE.

This WEBSITE is offered and available to users who are 18 years of age or older. By using this WEBSITE, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not use or access this WEBSITE. If you do not reside in the United States or in any of its territories or possessions, you warrant that you will only use the WEBSITE in a manner that complies with all laws and regulations applicable to you.” If you are agreeing to these TERMS OF USE on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these TERMS OF USE on that organization or entity’s behalf and bind them to the TERMS OF USE (in which case, the references to “you” and “your” in these TERMS OF USE, except for in this sentence, refer to that organization or entity).

CHANGES TO THE TERMS OF USE
From time to time, we may modify these TERMS OF USE in our sole discretion by posting the revised version on this Site. All posted changes are effective immediately and apply to all access to and use of the WEBSITE thereafter. Your continued use of the WEBSITE following the posting of revised TERMS OF USE means that you accept and agree to the changes. You are expected to check this page each time you visit the WEBSITE so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE
We reserve the right to withdraw or amend the WEBSITE, and any service or material we provide on the WEBSITE, in our sole discretion without notice. We will not be liable if for any reason all or any part of the WEBSITE is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the WEBSITE, or the entire WEBSITE to users.

CHANGES TO THE WEBSITE
We may update the content of the WEBSITE from time to time, buts its content is not necessarily complete or up-to-date. Any of the material on the WEBSITE may be out of date at any given time, and we are under no obligation to update such material.

INTELLECTUAL PROPERTY RIGHTS
The WEBSITE and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Unites States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

TRADEMARK NOTICE
The Company name, [list of trademarks] are the logos, trademarks, and service marks of the Company. You must not use such marks without the prior written permission of the Company. All other trademarks, service marks and logos used in the WEBSITE are the trademarks, service marks or logos of their respective owners.

PERMITTED USE
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our WEBSITE, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to you accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the WEBSITE for your own personal or legitimate business use and not for further reproduction, publication or distribution.

PROHIBITED USE
You may use the WEBSITE only for lawful purposes and in accordance with these TERMS OF USE. You agree not to use the WEBSITE:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including without limitation by using e-mail addresses or screen names associated with any of the forgoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the WEBSITE, or which, as determined by us, may harm the Company or users of the WEBSITE or expose them to liability.

Additionally, you agree not to:
• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Use the WEBSITE in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the WEBSITE, including their ability to engage in real time activities through the WEBSITE.
• Use any robot, spider or other automatic device, process or means to access the WEBSITE for any purpose, including monitoring or copying any of the material on the WEBSITE.
• Use any manual process to monitor or copy any of the material on the WEBSITE or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the WEBSITE.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the WEBSITE, the server on which the WEBSITE is stored, or any server, computer or database connected to the WEBSITE.
• Attack the WEBSITE via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the WEBSITE.

ENFORCEMENT AND TERMINATION
We have the right to:
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the WEBSITE.
• Terminate or suspend your access to all or part of the WEBSITE for any or no reason, including without limitation, any violation of these TERMS OF USE, Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the WEBSITE. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

RELIANCE ON INFORMATION POSTED
The information presented on or through the WEBSITE is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the WEBSITE, or by anyone who may be informed of any of its contents.

The WEBSITE may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this WEBSITE is subject to our PRIVACY POLICY [insert link to PRIVACY POLICY].

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. This WEBSITE is offered and available to users who are 18 years of age or older. If you are not 18 years of age or older, you must not use or access this WEBSITE. We do not knowingly collect or solicit personally identifiable information from children under 13. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [contact information]. By using the WEBSITE, you consent to all actions taken by us with respect to your information in compliance with the PRIVACY POLICY.

LINKING TO THE WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You may not deep link to any page other than the WEBSITE’s homepage. You may not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice, and we may disable all or any links at any time without notice in our sole discretion.

LINKS FROM THE WEBSITE
If the WEBSITE contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this WEBSITE, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the WEBSITE will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these TERMS OF USE or your use of the WEBSITE, including, but not limited to any use of the WEBSITE’s content, services, and products other than as expressly authorized in these TERMS OF USE or your use of any information obtained from the WEBSITE.

CHOICE OF LAW AND VENUE (1)
1 NTD: We have chosen WV as the choice of law and venue. Given that the headquarters and all records related to
the Company are located in WV, we believe that WV is the most appropriate jurisdiction. Please let us know if you
feel otherwise.

These TERMS OF USE are entered into in the State of West Virginia and shall be governed by and construed in accordance with the laws of the State of West Virginia, exclusive of its choice of law rules. Each party to these TERMS OF USE submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Putnam in the State of West Virginia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

In any action to enforce these TERMS OF USE, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the TERMS OF USE are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that the TERMS OF USE shall otherwise remain
in full force and effect.

LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these TERMS OF USE shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these TERMS OF USE shall constitute a waiver of such right or provision.

If any provision of these TERMS OF USE is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TERMS OF USE will continue in full force and effect.

HEADINGS
Section titles in the TERMS OF USE are for convenience and do not define, limit, or extend any provision of the TERMS OF USE.

ENTIRE AGREEMENT
These TERMS OF USE and our PRIVACY POLICY constitute the sole and entire agreement between You and the Company pertaining to the WEBSITE and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the WEBSITE.