THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF PROGRESSTANKS.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. WABASH NATIONAL MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF WABASHNATIONAL.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT PROGRESSTANKS.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH WABASHNATIONAL.COM.
Section 1. Changes to wabashnational.com.
ProgressTanks.com and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.
Section 2. Term.
Wabash National may discontinue, suspend or modify wabashnational.com at any time without notice.
Section 3. Ownership.
ProgressTanks.com and its Content are protected by United States and international copyright, trademark and other laws. © 2005 Wabash National. All rights reserved. Specifically, Wabash National does not convey to anyone, through allowing access to wabashnational.com, any ownership rights in wabashnational.com or in any Content appearing on or made available through wabashnational.com.
The following are marks owned by Wabash National, L.P: ArticLite®, AutoRailer®, AutoVan®, ChassisRailer®, CouplerMate®, D2D®, DuraPlate®, DuraPlate Door®, DuraPlate Container®, EZ-7®, ElectroShield®, FreightPro™, ReeferRailer®, RoadRailer®, Signature Series®, Smart Trailer®, SolarGuard®, TempBolt®, Trust Lock®, Wabash®, Wabash National®.
Section 4. Disclaimer of Warranty.
PROGRESSTANKS.COM AND ITS CONTENT ARE PROVIDED "AS IS". WABASH NATIONAL AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE PROGRESSTANKS.COM AND ITS CONTENT.
Section 5. Limitation of Liability.
USE OF PROGRESSTANKS.COM AND ITS CONTENT IS AT YOUR SOLE RISK. WABASH NATIONAL WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE WABASHNATIONAL.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED WABASH NATIONAL OF THE POSSIBILITY OF SUCH DAMAGES.
Section 6. Indemnity.
You hereby release, and agree to indemnify and hold harmless Wabash National Corporation and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of wabashnational.com and its Content.
Section 7. Links to other web sites.
There are links on ProgressTanks.com site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Wabash National. Wabash National makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Wabash National has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 9. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access wabashnational.com regarding access, use, export, reexport and import of any Content appearing on or available through ProgressTanks.com. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.