Terms of Service

Last updated: December 7, 2013

Agero, Inc. and its subsidiaries (collectively, ”Agero”) have been providing quality services, benefits and programs to our clients, their customers, and our customers for over 40 years. We value the trust that our clients, their customers and our customers place in us. The terms "we," "our," and "us" in these Terms of Service refer to Agero. These Terms of Service provided on behalf of Agero (including Cross Country Motor Club, Inc. and Cross Country Motor Club of California, Inc.) and apply to all website users, except for members of the network of independent service providers. Separate terms of service are set forth on the Argosi.net website for the members of the network of independent service providers. By accessing and browsing this website you acknowledge that you have read, understood, and agree to be bound by, without limitation or qualification, these Terms of Service and the Privacy Policy (collectively, “Terms of Service”) and shall comply with all applicable laws and regulations. If you do not agree to these Terms of Service, please do not use this website.

The information provided on this website is free of charge and for informational purposes only, and does not create a business relationship between you and Agero.

Intellectual Property Rights
Unless otherwise stated, the contents of this website including, but not limited to, the text, images and video contained herein and their arrangement are the property of Agero. All trademarks, logos and service marks used or referred to in this website (collectively, “Trademarks”) are the property of their respective owners.

This website and the content provided in this website, including, but not limited to, text, images, buttons, html code, audio and video, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Agero, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed on this website, your keeping intact all copyright, Trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this website. Notwithstanding the foregoing, any software, application and other materials that are made available for downloading, access, or other use from this website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Except for the limited permission in the preceding paragraph, Agero does not grant you any express or implied rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this website on another website or in any other media.

Your use of the Trademarks displayed on this website, or any other content on this website, except as provided in these Terms of Service, is strictly prohibited. You are also advised that Agero will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Use of this Website
You are prohibited from transmitting any information or providing any content that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal. Subject to the foregoing, Agero believes that users should decide what information to transmit and what content to provide, and Agero does not generally make editorial determinations about your transmissions or any content you provide. However, Agero reserves the right to take any actions that it deems necessary or appropriate to minimize its liability arising from your transmissions or any content you provide, or to preserve its relationships with its service providers (including its Internet access providers). Agero will fully cooperate with any law enforcement authorities or court order requesting or directing Agero to disclose the identity of anyone posting any such information or content.

Use by U.S. Government
This website and all materials, software and applications on this website are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of this website and all materials, software and applications on this website by the U.S. Government constitutes acknowledgment of Agero’s proprietary rights in them.

Linking to this Website
All links to this website must be approved in writing by Agero, except that Agero consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Agero; (c) imply that Agero approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about or otherwise damage the goodwill associated with the Agero name or trademarks. As a further condition to being permitted to link to this website, you agree that Agero may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Agero trademark.

Links and External Websites
This website may contain links to and from websites. Agero makes no representations whatsoever about any other website that you may have accessed from our website. Agero is not responsible for the privacy practices, content or availability of those websites and Agero denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.

Disclaimer of Warranties; Limitation on Liability
USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AGERO HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON THIS WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGERO OR AN AGERO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION, AGERO MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGERO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF AGERO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Some jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you. In no event shall Agero’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Changes to these Terms of Service
Please note that we will periodically make changes to these Terms of Service and we reserve the right to change these Terms of Service at any time. We will alert you that changes have been made by indicating at the top of these Terms of Service the date it was last updated. It is your responsibility to review these Terms of Service frequently and remain informed about any changes to it, so we encourage you to visit this page often. These Terms of Service take precedence over any previous terms of service that we have issued related to our website and your continued use of our website constitutes your acceptance of any amendments to and the most recent version of these Terms of Service.

Agero may also make improvements or changes in the products, services, or programs described in this website at any time without notice.

Term and Termination
You may terminate your access to this website at any time. Your failure to comply with the terms, conditions, and notices on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.

The terms regarding limits on liability, and voluntary submissions shall survive the termination of these Terms of Service, and shall remain in effect indefinitely.

Miscellaneous
These Terms of Service and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the Commonwealth of Massachusetts. The exclusive jurisdiction and venue of any action with respect to the subject matter of this website or these Terms of Service shall be in the state courts of the Commonwealth of Massachusetts.

No amendment to or modification of these Terms of Service will be binding unless in writing and signed by Agero.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Service. Please see the applicable agreement or notice.

Designated Agent
For purpose of the Digital Millennium Copyright Act, you may contact Agero’s agent for receipt of notice of claims at: General Counsel, Agero, One Cabot Road, Medford, MA 02155.

© 2013 Agero, Inc. All rights reserved.