We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Sites, Services and Content signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Sites or Content will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.
Our Sites, Services and Content are not intended to be used by persons under the age of 18 years old. If you are under the age of 18, please do not use the Sites, Services, or Content offered by OD. By continuing to use our Sites, Services and Content you represent and warrant that you are 18 years of age or older. If you are submitting information on behalf of a business entity or an individual other than yourself, you represent that you have the authority to bind that business entity or individual to the Agreement. We may, at our discretion for any reason, refuse an entity or individual use of the Sites and Services, refuse to accept an entity's or individual’s information, or, at any time, revoke an entity’s or individual’s continued use of the Sites and Services.
You are permitted to use the Sites, Services and Content provided that you: (1) do not remove any proprietary notice language related to the Sites, Services or Content; (2) use the Sites, Services and Content for the purpose of conducting business with OD, and/or for informational purposes only – use of the Sites, Services and Content for other commercial purposes is strictly prohibited; (3) do not copy, post, distribute, or disseminate the Content on any website, networked computer, device, or media; and (4) do not modify the Sites, Services or Content. Any use of the Sites, Services or Content not expressly permitted by this Agreement is a breach of our Terms and Conditions and may violate copyright, trademark, and other laws.
You are hereby granted a non-exclusive license to use the Content on the Sites and Services including, where available and permitted, to email individual Content to others directly from the Sites and Services. You are also granted a limited license to print one copy of any Content posted on the Sites and Services, but only for the purpose of conducting business with OD and/or for informational purposes. Except as expressly provided above, all other rights are reserved to OD.
To request permission to use Content posted on the Sites and Services for other than conducting business with OD and/or for informational purposes, please submit your request to email@example.com. Please include a description of your proposed usage of the Content, along with a link or copy of the Content requested and your contact information.
THE UNAUTHORIZED COPYING, DISPLAYING, OR OTHER UNAUTHORIZED USE OF THE SITES AND SERVICES AND CONTENT IS A VIOLATION OF THE LAW.
When using the Sites, Services and Content, you agree to comply with all applicable laws, statutes, regulations, rules, etc., as well as this Agreement. You agree that you will not under any circumstances:
You acknowledge and agree that OD retains ownership of all intellectual property rights of any kind related to the Sites, Services and Content, including all copyrights, trademarks, and other proprietary rights. The Sites, Services and Content are protected by United States and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property, proprietary rights, and unfair competition laws. We reserve all rights that are not expressly granted to you in this Agreement. OD owns all rights, title and interest in the Sites, Services and Content, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Sites, Services and Content, as well as the compilation of the content, code, data, and materials, including all intellectual property and proprietary rights. The Content of our Sites and Services is protected under United States and other copyright laws, and is the property of the OD. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content contained in, or available through, our Sites and Services in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of OD is permitted. All words and symbols designated by ® or ™ and used on or in connection with our products or marketing materials on the Sites and Services or in the Content (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, OD or other owners that have granted OD the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content.
Any copying, distributing, transmitting, posting, linking, deep-linking or otherwise modifying the Sites, Services and Content without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. OD reserves the right to terminate your use of our Sites, Services and Content if you infringe our, or any other person’s, intellectual property rights. Other product and company names that are mentioned on the Sites and Services or contained in the Content may be intellectual property of their respective owners.
When you visit the Sites or send or accept electronic messages through the Sites, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent may prohibit you from accessing and using core functionalities of the Sites. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at firstname.lastname@example.org. You also confirm that your web browser is the current version of, or one of 2 prior versions, of Google Chrome, Firefox, and Safari.
If our system requirements change, we will post to the Sites notice of the revised requirements. Continuing to use the Sites after receiving notice of changes to the Sites is reaffirmation of your agreement to these Terms and Conditions.
By use of any of the features on our Sites containing invoice and/or payment information you certify that you represent each and every company or individual whose data is shown to you, and that you have been duly authorized by said companies to view invoice and/or payment information for each and every company or individual via the Sites. OD reserves the right to require a signed letterhead or other written authorized document from any and all companies or individuals for which you request access before allowing access to any company's or individual’s invoice and/or payment information.
If you should find that you have access to company or individual data that you are not authorized to use or view, you are required to contact OD immediately to have said account(s) removed from your account list. Failure to do so may result in denial of access to the Sites.
We offer features on our Sites and Services that allow users to share information and content such as reviews, photos, text, videos, suggestions, unsolicited ideas, or the like (“User Content”). We also allow you to share User Content with us by responding to one of our usage requests, or by tagging content you post on social media with our hashtag (#ODFL).
By uploading or otherwise sharing User Content through our Sites and Services, by using any of our hashtags or by responding to a usage request made by us, you grant OD and our agents, affiliates, and related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, sub-license, import, export, modify, and make derivative works of your User Content along with your name and/or social media handle in all digital and physical channels for any purpose including all promotional, marketing, advertising and other commercial and non-commercial purposes. OD may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion without any obligation or additional permission from you. You agree to waive any right you may have to be named in the User Content, and allow us to use your User Content without any reference or attribution.
By using our Sites and Services, responding to our usage requests, or using any of our hashtags on social media, you represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any User Content you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content described in this Agreement, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the User Content, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by OD, (vi) your User Content, and OD’s use of that User Content as permitted under this Agreement, does not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (vii) your User Content does not violate any law or other regulation and is not inappropriate under the rules described below. You expressly release the OD from any claims, damages, actions, or liabilities arising from our use of your User Content as permitted herein.
If you choose to submit User Content through our Sites and Services or use any of our hashtags on social media, please use good judgment. By using our Sites and Services or using any of our hashtags on social media, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Sites and Services any of the following:
OD takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is OD liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. OD does not endorse any User Content or any opinion, recommendation or other advice expressed therein. OD is not liable for any statements, representations or User Content provided by its Users in any public forum, personal home page or other interactive area. Although OD has no obligation to screen, edit or monitor any User Content, OD reserves the right, and has absolute discretion, to remove, screen or edit without notice any User Content posted or stored on the Sites and Services at any time and for any reason. Any use of our Sites and Services, including submission of User Content, in violation of this Agreement may result in termination or suspension of your permission to use the Sites, Services and Content.
If it is determined that you retain moral rights (including rights of attribution or integrity) in User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by OD or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release OD, and its licensees, successors and assigns, from any claims that you could otherwise assert against OD by virtue of any such moral rights.
OD respects the intellectual property rights of others. OD may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others. If you believe you have a copyright infringement claim related to the Sites, Services or Content, or other social network platforms operated by OD, or that the Sites or Services contain links or other references to another online location that contains material or activity that infringes your copyright, you may notify us and request removal of the allegedly infringing materials by submitting a written notification to our copyright agent containing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).
Our agent for notice of claims of copyright infringement on or regarding the Sites can be reached by mail: Old Dominion Freight Line, Inc., 500 Old Dominion Way, Thomasville, NC 27360, Attention: DMCA Agent; by email: email@example.com; or by telephone: 1-800-235-5569.
Please provide our agent with the following information in writing (see 17 U.S.C. 512(c)(3)) for further detail):
Certain portions of our Sites, Services and Content are accessible only to users who have registered with the Sites and obtained login credentials (“Registered Users”). If you are a Registered User, you agree to accurately maintain and update any information about yourself and your account that you have provided to us. You further agree that you are responsible for all activities related to your Registered User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Sites, Services or Content by emailing us at firstname.lastname@example.org or calling us at 1-800-235-5569.
We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of the Sites, Services, Content, and your account, including, without limitation, terminating your account, disabling your access to your account and requiring a reset, or requesting information to authorize transactions on your account. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and any unauthorized access to your account. To protect yourself from unauthorized access to your account information, OD highly recommends that you change your password frequently and do not share your password with anyone.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OD OR ANY OF THEIR EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES, SERVICES AND CONTENT, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED IN THE SITES, SERVICES OR IN THESE TERMS AND CONDITIONS, THE PRODUCTS OR SERVICES PROVIDED THROUGH OUR SITES, OR YOUR ACCESS TO OR INABILITY TO ACCESS THE SITES, SERVICES AND CONTENT, OR ANY CONTENT OBTAINED FROM THE SITES, EVEN IF OD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OD SITES, SERVICES AND CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THEM, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITES, SERVICES AND CONTENT, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITES OR CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE OD SITES, SERVICES AND CONTENT IS AT YOUR SOLE RISK AND THAT OD IS NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITES, SERVICES OR CONTENT, OR ANY PRODUCTS AND SERVICES SOLD THROUGH THEM. YOU FURTHER AGREE TO ASSUME THE ENTIRE COST OF ANY AND ALL DAMAGE, SERVICING, REPAIR, OR CORRECTION TO YOUR DEVICE, COMPUTER SYSTEM, OR OTHER EQUIPMENT DUE TO YOUR USE OF THE SITES, SERVICES AND CONTENT, OR ANY PRODUCTS AND SERVICES SOLD THROUGH THEM. NEITHER OD NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITES, SERVICES AND CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, SERVICES AND CONTENT, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITES AND SERVICES, (C) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR INFORMATION OFFERED THROUGH THE SITES AND SERVICES, OR (D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE SITES, SERVICES AND CONTENT, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.
The above disclaimer applies to any liability, damages, or injury caused by any error, omission, interruption, deletion, defect, failure of performance, etc., related to operation of the Sites, Services or Content, whether for breach of contract, tort, negligence, or any other cause of action.
OD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of the Sites, Services and Content; (2) to suspend or terminate your access to the Sites, Services and Content; (3) to modify or change the Sites, Services and Content as well as this Agreement; and (4) to suspend or interrupt the operation of the Sites, Services and Content, or any portion of the Sites, Services and Content, as required to perform routine or non-routine maintenance, system updates, or other modifications.
You agree to indemnify, defend, and hold harmless OD, its respective directors, officers, agents, partners, investors, shareholders, employees, successors and assigns from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of the Sites, Services and Content, your breach or alleged breach of this Agreement (including but not limited to the warranties related to your User Content), or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of OD or third parties.
You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge OD and each of its directors, officers, agents, partners, investors, shareholders, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys' fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Sites, Services and Content.
You agree that OD, in its sole discretion, may terminate or suspend your use of or access to the Sites, Services and Content at any time for any reason without prior notification even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Sites, Services and Content, and (b) destroy any copies you have made of any portion of the Sites, Services and Content, including User Content. Any use of, attempted use of, or attempted access to the Sites, Services or Content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that OD shall not be liable to you or any third party for any termination or suspension of your access to the Sites, Services and Content.
Our Sites, Services and Content may contain links to third party sites, services and content. Such third party sites, services and content are not under our control and we are not responsible for the operation, policies, practices, terms, etc. of such sites or content. OD provides links to third party sites, services and content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party sites, services or content. If you decide to access any third party site, services or content linked to our Sites or Content, you do so entirely at your own risk. Third party sites, services and content are subject to their own terms and policies, including privacy and information gathering practices. OD MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY THIRD PARTY SITE, SERVICES OR CONTENT LINKED TO OUR SITES OR CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY.
You agree to use the Sites, Services and Content in strict compliance with all applicable laws, rules, rulings, and regulations and in a fashion that does not, in the sole judgment of OD, negatively reflect on the goodwill or reputation of OD and shall take no actions that would cause OD to be in violation of any laws, rules, rulings or regulations applicable to OD.
OD and our Sites, Services and Content are based in the United States. The Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of North Carolina, or the courts of the United States located in Guilford County, North Carolina and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of, or relating to, your use of the Sites, Services and Content. Any and all claims under this Agreement must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. Use of the Sites, Services and Content is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in full force and effect.
If you have any questions or comments about this Agreement, or your use of our Sites, Services and Content, please contact us:
Old Dominion Freight Line, Inc.
500 Old Dominion Way,
Thomasville, NC 27360,
Attention: Privacy Inquiries
By telephone: 1-800-235- 5569
By email: email@example.com