TERMS OF USE

(Revised 3.7.12)

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. The abc-companies.com and bus-buys.com websites are a service offered by ABC Bus Companies, Inc. (“ABC”). This Terms of Use Agreement (the "Terms of Use" or "Agreement") contains the terms and conditions applicable to your access and use of the abc-companies.com and bus-buys.com websites and services (collectively, the "Website"), whether accessed via the internet, wirelessly or through any other method. By visiting the Website or accessing any content available through the Website you accept this Agreement. ABC may amend this Agreement at any time by posting the amended Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. For your convenience, the date of last revision is included at the top of this page. Further, when you use any ABC service (e.g. online ordering, financing, quote request, etc.) or purchase any products or services from ABC you will be subject to the rules, guidelines, policies, terms and conditions applicable to such. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE.

  1. ABC's Proprietary Rights and Permitted Use
  2. The Website is the sole and exclusive property of ABC and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website other than as expressly authorized by ABC in writing. Use of the Website in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.

    So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by ABC, you are permitted to view and use the Website solely for your own use; provided, however, that you may not duplicate, publish, modify, distribute or create derivative works from any content located on the Website unless expressly authorized by ABC in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website.

    You hereby acknowledge and agree that, as between ABC and you, all right, title, and interest in and to the Website, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by ABC.

    You agree not to access the Website by any means other than through the interface that is provided by ABC. You further agree that you will not collect any information from or through the Website using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it.

  3. Indemnity
  4. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ABC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (a) YOUR USE OF THE WEBSITE OR (b) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.

  5. Trademarks & Copyright
  6. The ABC name, logo and related names and logos are trademarks/service marks of ABC. Unauthorized use of any ABC trademark, service mark or logo may be a violation of federal and state trademark laws. Nothing contained herein shall be taken to grant any person a license to ABC’s Intellectual Property. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of ABC by the respective trademark owners.

    Copyright 2012 ABC Bus Companies, Inc. All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on ABC Internet sites are all subject to Copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Some Website content also contains images that are subject to the copyright rights of the Third Party Provider.

  7. Communications with Third Parties
  8. Your dealings or communications through the Website with any party other than ABC are solely between you and that third party. Under no circumstances will ABC be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

  9. Links to Other Websites and Search Results
  10. This Website may contain links to websites operated by other parties. ABC or ABC's advertisers or other third parties provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of ABC, and ABC is not responsible for the content available on these third party sites. Such links do not imply ABC's endorsement of information or material on any other site and ABC disclaims all liability with regard to your access to and use of such linked websites.

    This Website may provide search results that include third party content, including references to third party goods or services. You acknowledge and agree that such third party content belongs to ABC's advertisers or other third party, and that ABC has no control over such content or the information contained therein. References to third party goods or services do not imply ABC's endorsement of those goods or services, and ABC disclaims all liability with regard to your access to and use of such material.

  11. Modifications to Site
  12. ABC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that ABC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

  13. Suspension and/or Termination Rights
  14. ABC reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your ability to access the Website and/or to remove any content, refuse service, terminate accounts, or cancel orders for any reason, including without limitation any breach by you of this Agreement or conduct by you that ABC determines in its sole and absolute discretion to be inappropriate, harmful, or violates applicable law. You agree that ABC shall not be liable to you or any third-party for any such suspension or termination.

  15. Notice of Claims for Copyright Infringement; Copyright Policy
  16. If you are a copyright owner or agent thereof and believe that content posted on the Website by one of our users infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached by mail at: ABC Bus Companies, Inc., ATTN: GENERAL COUNSEL, 1506 30th Street NW, Faribault, MN 55021.

  17. Wireless Access
  18. You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the Website, and you agree that you are solely responsible for such fees. Similarly, by using the "Send to Phone" feature, you may cause the recipient of your message to incur SMS and/or messaging fees, and you agree that you are solely responsible for such fees.

  19. Disclaimer of Warranties
  20. THE WEBSITE AND THE INFORMATION CONTAINED THEREIN (INCLUDING BUT NOT LIMITED TO ALL MATERIAL AND INFORMATION POSTED AND ACCESSIBLE) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ABC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE, SERVICES AND MATERIAL. ABC DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE, MATERIAL OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.

    ABC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITES; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITES, SERVICES AND MATERIAL.

    NO ADVICE OR INFORMATION PROVIDED BY ABC, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.

    ABC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEBSITE, SERVICES, OR ANY THIRD PARTY SITES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION OR MATERIAL, INCLUDING BUT NOT LIMITED TO PRICING, PARTS, MANUALS, BULLETINS, SPECIFICATIONS OR OTHER VEHICLE, PARTS, OR SERVICE INFORMATION CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITES (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.

  21. Limitation of Liability
  22. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE.

  23. Exclusions and Limitations
  24. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES. OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

  25. Dispute Resolution and Governing Law
  26. Binding Arbitration. If you and ABC are unable to resolve any controversy or claim related to this Agreement (each a "Dispute"), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

    Restrictions. You and ABC agree that any arbitration shall be limited to the Dispute between ABC and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    Exceptions to Arbitration. You and ABC agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of ABC's intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt. Location. Any arbitration will take place in Minneapolis, Minnesota. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), shall be decided by a court of competent jurisdiction within Minneapolis, Minnesota, and you and ABC hereby submit to the personal jurisdiction of that court.

    Governing Law. Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of Minnesota, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

  27. Product Variations
  28. Some of the product information, illustrations and images contained on this Website may have been prepared for generic use on ABC’s websites. If you are interested in any vehicle model, paint, part, option, or accessory shown on the Website and are unsure of its availability or specification in your locality, you should contact your ABC Sales Representative for further information.

  29. Prices
  30. Prices are current at the time of publication and subject to change without notice.

  31. Pictures Disclaimer
  32. The pictures contained on this Website have been processed by an automated system. ABC makes no guarantee or representation concerning the accuracy of those pictures which are viewed by visitors of this Website. You are further advised that the vehicles or parts depicted may not longer be in ABC inventory or available for sale. Further the condition of the vehicle may have changed since the picture was posted to the Website. It is in the best interest of all Website visitors or customers of ABC to verify all conditions of any sales transaction and the equipment with your ABC Sales Representative.

  33. Miscellaneous
  34. The listing and display of ABC products or services does not constitute an offer to sell or a warranty as to ABC products, their condition, or services.

Please direct any questions you may have about the Terms of Use, or any other legal matters, to the following: ABC Bus Companies, Inc., ATTN: GENERAL COUNSEL, 1506 30th Street NW, Faribault, MN 55021.