THE FOLLOWING TERMS OF USE SHOULD BE READ CAREFULLY BEFORE USING THIS WEBSITE, AND SHALL APPLY TO ALL USES OF THIS WEBSITE.
Ownership. The websites broadwayservices.com and broadwaytransport.com (collectively, this “Site”), and all associated webpages, domain names, infrastructure, and intellectual property rights currently or hereafter comprising this Site, are owned exclusively by Broadway Services, Inc. (“Company”). Company reserves the right to assign its rights or delegate one or more of its obligations under these Terms of Use to any third party at any time without advance notice.
Use. Use of this Site shall be lawful at all times and subject to the following terms and conditions (this “Agreement”) and Company’s posted privacy policy (the “Privacy Policy”). This Agreement does not alter the terms or conditions of any other agreement between you and Company. In the event you disagree with any term or condition of this Agreement or the Privacy Policy, you should immediately discontinue use of this Site. Should you use this Site other than to review this Agreement and the Privacy Policy, such use shall be deemed acceptance of this Agreement and your promise to comply with its terms. It is your responsibility to periodically review this Site to ensure your awareness of Company’s then current terms and conditions concerning the use of this Site or the Content (defined below). Your use of this Site is made at your own discretion and risk.
Access. Access to or use of this Site or any of the Content may be conditioned, limited, suspended, or terminated in whole or in part by Company at any time without advance notice and for any reason whatsoever. Company may also condition, limit, suspend, or terminate any component, content, or functionality of this Site at any time without advance notice and for any reason whatsoever.
Content. All content, code, forms, processes, and information posted to and comprising this Site, including, but not limited to, all graphics, images, photographs, videos, audio, digital downloads, data compilations, and text, and the “look and feel” of this Site (e.g., color combinations, button shapes, layout, and all other graphical and navigational elements used in this Site) (collectively, the “Content”), are the exclusive property of Company.
Prohibited Conduct. You may not directly or indirectly (i) disassemble, decompile, reverse engineer, or create derivative works of the Content, this Site, or any of its components, (ii) reproduce, make derivative works from, publicly display, publish, or distribute any part of the Content (except, however, you may download and save a copy of this Agreement and the Privacy Policy strictly for the purpose of informing yourself of their terms), (iii) remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend applicable to the Content or this Site, (iv) exploit for any purpose this Site, any component thereof, or the Content, in whole or in part, without the express written consent of Company, (v) systematically track any visitor or user of this Site, or extract, collect, or harvest through electronic means or otherwise (e.g., without limitation, robots and spiders) any data or data fields from this Site, (vi) place into HTML documents or web pages a hypertext link to this Site without the express written permission of Company, or (vii) use this Site, any component thereof, or any of the Content for any purpose that infringes the rights of Company or others, threatens, harasses, deceives, or is abusive or defamatory of Company or others, causes or introduces one or more viruses or malware to this Site, or violates the terms of this Agreement or applicable law.
Links to Other Sites. This Site may contain one or more hypertext links to third-party websites. These links are provided solely as a convenience and do not constitute an endorsement of the content or availability of such third-party websites or the product or services of the third party. You acknowledge and agree that the third-party website may not comply with the Privacy Policy and may violate your intellectual property rights, privacy rights, or publicity rights or those of third parties. You further acknowledge and agree that Company has no control over third-party websites or their content, products or services, and you shall not hold Company responsible for any injury or damage resulting from them. You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Choice of Law; Jurisdiction. This Agreement and the Privacy Policy, and your use of this Site and Content, shall be governed by the laws of the State of Maryland without regard to its conflict of laws principles. By using this Site, to the extent permitted by applicable law, you hereby irrevocably consent to the personal and subject matter jurisdiction of the courts located in Baltimore City, Maryland for any action arising out of or relating to this Agreement and the Privacy Policy, or your use of this Site or any of the Content. You hereby recognize that it is impractical, if not impossible, for Company to have knowledge of all laws applicable to the Site and therefore agree that the foregoing choice of law and jurisdiction provision is reasonable and shall not be later challenged. If your use of this Site or any of the Content violates the laws of the place where they are accessed by you, or where you reside, you should immediately cease and desist all such use and inform Company. You shall be solely responsible for informing yourself of all laws applicable to your use of this Site and the Content.
Arbitration. At Company’s election, any dispute arising from this Agreement or your use of this Site or any of the Content may be resolved by final and binding arbitration under the rules of the American Arbitration Association, to be held in Baltimore, Maryland, at any time before suit is filed with a court of competent jurisdiction.
Indemnification. By using this Site you agree to indemnify and hold harmless Company and its affiliates, and their respective directors, employees, agents, and representatives, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from your use of this Site, the platform and software comprising the Site, or any of the Content or from your breach of this Agreement. If you cause a technical disruption of this Site or the systems transmitting this Site, you hereby agree that you will be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, expert fees, and court costs, incurred by Company or any third party and arising out of or resulting from that disruption. Company reserves the right to assume exclusive defense and control of any matter subject to this indemnification provision and you shall cooperate with Company in the defense of such matter.
Warranty; Limitation of Liability. THIS SITE, EACH COMPONENT THEREOF, AND ALL CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, ERROR-FREE OPERATION, ACCURACY, CORRECTNESS, OR RELIABILITY, FREEDOM FROM MALWARE, COMPATABILITY WITH ANY HARDWARE OR APPLICATION, OR THAT THE QUALITY OF ANY PRODUCT, SERVICE, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, SHALL BE LIABLE FOR ANY INJURY OR DAMAGE INCURRRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM OR IS RELATED TO ANY USE OF THIS SITE OR CONTENT, OR ANY LINK TO OR USE OF ANY THIRD-PARTY WEBSITE OR PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST REVENUE, PROFITS, OR BUSINESS, OR PUNITIVE OR SPECIAL DAMAGES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY, OR THE EXCLUSION OF WARRANTIES SET FORTH ABOVE, IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN YOU HEREBY EXPRESSLY AGREE THAT THE MAXIMUM LIABILITY THAT COMPANY SHALL HAVE FOR ANY AND ALL INJURIES INCURRED BY YOU, INCLUSIVE OF COSTS AND EXPENSES, SHALL NOT EXCEED A TOTAL AMOUNT OF THE GREATER OF ONE HUNDRED DOLLARS (U.S. $100.00) IN THE AGGREGATE.
Amendments. Company reserves the right to amend and/or restate this Agreement and the Privacy Policy at any time, without advance notice, and for any reason whatsoever. All amendments or restatements of the foregoing shall become effective immediately upon their posting to this Site unless otherwise expressly noted. Should you use this Site following the posting of any amendments or restatements, such use shall be deemed conclusive evidence of your acceptance of all posted amendments and restatements.
Miscellaneous. This Agreement constitutes a contract between you and Company. Should any provision in this Agreement or the Privacy Policy be found invalid or unenforceable for any reason by a court of competent jurisdiction (or arbitrator, if arbitration is elected by Company), that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provision. Any claim or dispute by you arising out of or related to this Agreement or the use of this Site or the Content must be filed within one year after it arises or it shall be permanently barred. Your rights and obligations under this Agreement may not be assigned or delegated, in whole or in part, without Company’s written consent. The English language version of this Agreement and the Privacy Policy shall be deemed the only official version of each of them.
How to Contact Company:
By telephone: 410.539.6900
By mail: Broadway Services, Inc. | 3709 East Monument Street | Baltimore, Maryland 21205