Terms of Use

Terms of Use of the LD Vans website (the “Site”).

Legal Notices

Before accessing or using the Site accessed via LD Trucking (ldvans.com) (the “Site”), please carefully review the Terms of Use (“Terms of Use”) provided below. These Terms of Use apply to and govern use of this Site and any other site accessed through or linked with the Site. By accessing or using any of the sites you acknowledge your careful review and acceptance of these Terms of Use. If you do not agree to these Terms of Use, you may not use or access this Site or any of the sites accessed through or linked with the Site or their contents.

Acceptance of Terms of Use

These Terms of Use constitute an express agreement between LD Truck Leasing Corp. (“LD”) and you for access to and use of the Site. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ ALL OF THESE TERMS OF USE, THAT YOU UNDERSTAND EACH OF THEM AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM.

Purpose

The purpose of the Site is to provide you with information about services that LD offers. You agree your access to the Site and its contents, shall be solely used for obtaining information and/or services from LD. You shall not disrupt or otherwise interfere with the normal operation of the Site, including without limitation posting or transmitting files that contain viruses, worms, Trojan horses, or any other contaminating or destructive features, or material that is harmful, offensive, threatening, abusive or hateful. You shall not access or use the Site in any manner that violates
state or federal law. You agree that violation of these Terms of Use constitutes an unlawful and unfair business practice causing irreparable harm to LD for which monetary damages would be inadequate, thus subjecting you to injunctive or equitable relief in addition to any other remedies available at law. LD cannot and does not represent or warrant that the files available for downloading through the Site will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive ties. You assume all risk and responsibility for your use of the site and the Internet.

Proprietary Information

All content on the Site, including the “look and feel,” are owned by LD unless otherwise expressly indicated. You may not copy, distribute, transmit, display, modify, perform, or create derivative works from information or material on the Site, except as expressly permitted in these Terms of Use.
Any LD trademarks, trade dress, service marks, logos or trade names that appear on the Site or are otherwise referenced on the Site are the property of LD and no license or other right to use such marks, names, logos or dress shall be deemed given without the express written permission of LD.

Confidentiality

You will treat all content on our Site as confidential. You also shall treat as confidential information or systems hardware used or supplied by LD in connection with the Site. You shall not disclose such content, information or systems hardware to any third party without LD’s prior written consent. You will not use such content, information or systems hardware for purposes other than as expressly permitted in these Terms of Use.

User Generated Content

You agree that you are solely responsible for the accuracy and content of any information, data, text, or other materials that you provide to LD via the Site and that LD is not responsible or liable for this information.

Links and Services Disclaimer

The Site may contain information provided to LD by third parties. This information is provided on the Site for your convenience only, and LD makes no warranties or representations as to the accuracy, reliability, or completeness of such information. The Site also may contain links to other third-party websites, which may offer other services, software or resources. These links are provided for your convenience only. LD has no responsibility for these third-party websites, or the content contained therein. You agree and acknowledge that LD is not responsible or liable for any content or related materials contained on any of these third-party websites. LD cannot and does not make any representations or warranties in connection with such third-party websites or the content contained thereon.

No Warranty

LD AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND ADVISORS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT THE SITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ALL WARRANTIES AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITE; AND ANY LIABILITY FOR ERRORS, INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THE SITE, AND FOR ANY DOWNTIME EXPERIENCED ON THE SITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LD SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OR A DELAY OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF LD HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You hereby agree to release and hold LD, its officers, directors, employees, agents paid advisors and representatives harmless from and defend and indemnify them against any and all third-party claims, liability, damages and/or costs (including without limitation reasonable attorneys’ fees) they may incur arising out of or related to your use of the Site and/or your violation of the Terms of Use.

Downtime

LD does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be affected by factors outside of LD’s control, for which LD shall not be liable. LD may from time to time in its sole discretion periodically schedule system downtime for system maintenance and other purposes.

Privacy

The LD Privacy Policy found here [www.LDvans.com/privacy-policy], applies to use of the Site, and its terms are made part of these Terms of Use.

Invalidity of Terms

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly expresses the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

All provisions contained herein are only enforceable to the extent permitted by law.

Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by LD.

Governing Law

THESE TERMS OF USE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. IN CONNECTION WITH ANY ACTION, SUIT OR LEGAL PROCEEDING BROUGHT TO ENFORCE ANY OF THE TERMS OF USE PROVISIONS, REPRESENTATIONS OR WARRANTIES OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, THE PARTIES CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY STATE COURT LOCATED WITHIN THE COUNTY OF NEW YORK OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND ANY SUCH ACTION OR PROCEEDING SHALL BE BROUGHT ONLY IN THE COURTS AT SUCH LOCATION. IN ANY SUCH ACTION, SUIT OR PROCEEDING, THE PARTIES WAIVE TRIAL BY JURY AND THE RIGHT TO INTERPOSE ANY COUNTERCLAIM OR OFFSET OF ANY NATURE, AND LD SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES AND EXPENSES OF LITIGATION. IN ANY SUCH ACTION, SUIT OR PROCEEDING, THE COURT SHALL APPLY SUCH RULE OF LAW OF THE STATE OF NEW YORK, INCLUDING ANY CONFLICTS OF LAW RULE, TOGETHER WITH THE LAW OF ANY SISTER STATE, WHICH SHALL HAVE THE EFFECT OF SUSTAINING THE VALIDITY OF ALL OF THE TERMS AND PROVISIONS OF THE TERMS OF USE.

Miscellaneous

LD’s failure to strictly enforce the performance of any provision of these Terms of Use shall not be deemed a waiver of its rights under such provision. LD may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Terms of Use and Site Modifications

LD has the right, at its sole discretion, to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Site at any time, without notice, with such changes effective upon posting on the Site.

Customer Service

If you have any customer service issues pertaining to this Site, please contact Customer Service at 718 493 0600 or via email at info@LDvans.com.

Last updated: July 1, 2022