Jack Cooper Holdings Corp.
TERMS AND CONDITIONS
Jack Cooper Holdings Corp. and its affiliated companies ("Jack Cooper", "we" or "us") offers this website and other Jack Cooper branded web pages, (collectively, the “Sites”) to you conditioned on your acceptance of the terms, conditions, and notices contained in these Terms and Conditions (the “Terms”). Jack Cooper provides certain information and online services that may be accessible at the Sites. Throughout these Terms, all such information and online services are referred to as the “Services.” If you are an individual end user accessing the Services on behalf of yourself or an entity, you understand and agree that the Services are provided to you and such entity subject to these Terms. IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR THE SERVICES. BY USING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
In addition, when using a particular Site, or when using particular features or services on any Site, your use will be subject to any guidelines or rules posted at such Sites, features and services (collectively, “Additional Terms”), all of which are incorporated herein by reference. In the event that these Terms conflict with the Additional Terms, then these Terms shall control.
MODIFICATION OF THESE TERMS
Jack Cooper reserves the right to change these Terms from time to time, and at any time, with or without notice to you, by posting such changes on the applicable Sites. You are responsible for regularly reviewing these Terms. By using a Site following any modifications to these Terms, you agree to be bound by any such modifications to these Terms.
USE OF SITES
The rights granted to you under these Terms will remain in force only for so long as these Terms remain in effect. You may only access this site with a browser operated by a person, and you may not access these Sites spiders, web crawlers, bots or any other automated program for scraping information from the site. You may not use the information on this site for anything but your own direct business needs. You may not reuse, sell, transfer or otherwise repurpose the information from the Sites for profit or for any other reason without the express written permission of Jack Cooper. You may not resell or sublicense access to the Service to any third party, even if you have paid for extended access rights. You may use the Services only pursuant to these Terms. Jack Cooper reserves the right to charge for access to this and/or other Sites. You agree not to combine or integrate the Services with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.
You agree not to use the Services to: (i) violate any local, state, national or international law; (ii) stalk, harass or harm another individual; (iii) collect or store personal data about other users; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (vi) upload or transmit information or content that is infringing, defamatory, obscene, fraudulent or otherwise illegal. Without our prior written consent, you may not (a) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (b) frame the Sites, place pop-up windows over the Sites’ pages, or otherwise affect the display of such pages. You represent and warrant that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current. Without limiting any rights or remedies that we may have available at law or in equity, including, without limitation, any right to seek monetary damages for your breach, you agree that we may seek a court order to compel you to comply with these Terms, and you understand that we may immediately terminate your access to the Sites and/or Services at any time if you violate any of these Terms, including, without limitation, the restrictions set forth above.
Jack Cooper owns all right, title and interest in and to the Sites and Services, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including but not limited to all intellectual property and proprietary rights therein. Your use of the Sites and Services does not grant to you ownership of any of the foregoing, and granting you temporary access under this agreement does not affect your future ability or permission to access this Sites. The Sites are copyrighted as a collective work under the United States and other copyright laws, and are the property of Jack Cooper. The collective work includes works that are licensed to Jack Cooper. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to Jack Cooper. Jack Cooper does not grant any license or other authorization to use the Marks.
USER ACCOUNT AND PASSWORD; SIGN UP TO RECEIVE INFORMATION
In connection with certain features on a particular Site or Sites, we may issue you, or enable you to establish, a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Jack Cooper when you desire to cancel your account for any Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
You expressly agree that we do not claim ownership of pictures that you may upload, post, or otherwise transmit via the Sites or the Services and that we shall have no obligation of any kind with respect to such content. We make no representations that your use of the Sites or the Services will comply with applicable laws. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, or reliability of any of content posted, displayed, linked to, or otherwise transmitted via the Sites or the Services by you or by others. We do not endorse any opinions expressed in or through any such content. You agree that you must evaluate and bear all risks associated with your use of the Sites or the Services and any content in connection therewith, including any reliance on the accuracy, completeness, or usefulness of any such content. You hereby grant to us the right to aggregate your content and to use it without reference to your name, handle or other identity for any reason.
PROCESS FOR SUBMITTING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act and other applicable law, we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on a Site. If you believe in good faith that content hosted by us infringes your copyright, provide our Registered Agent with the written information requested below.
- A full and complete identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material.
- Your name, address, email and telephone number.
- Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on any Site should be emailed or mailed, at your choice,
Jack Cooper Holdings Corp.
1100 Walnut Street Suite 2400
Kansas City, MO 64106
We will review and address all notices that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to any of the Sites for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
PRODUCT AND SERVICE AVAILABILITY
Prices and availability of the products and services listed on a Site are subject to change without notice. The listing, description of or reference to a particular product or service on a Site does not imply that the product or service is presently available, does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available in all countries.
THIRD PARTY LINKS AND CONTENT
The Sites may contain links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, specs and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by Jack Cooper and Jack Cooper is not responsible for any Third Party Sites accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply any approval or endorsement thereof by Jack Cooper. If you decide to leave any of the Sites and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site and any Third Party Content to which you navigate from any of the Sites or relating to any applications you use or install from any of the Sites.
MODIFICATIONS OR TERMINATION OF A SITE
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Sites, including, but not limited to, the End User License Agreement, content, services, features or hours of availability. We may also impose limits on certain features of a Site or restrict your access to part or all of a Site without notice or penalty.
If permitted or available through any feature or service on any of the Sites, you (a) upload content to any of the Sites or download content from any of the Sites via a mobile device, (b) receive and reply to messages from or on any of the Sites, or to access or make posts using text messaging, (c) browse any of the Sites from your mobile device and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which Jack Cooper makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JACK COOPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. JACK COOPER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JACK COOPER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY SITE OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JACK COOPER OR THROUGH ANY SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, JACK COOPER NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON A SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JACK COOPER, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM ANY SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.
These Terms and Conditions constitute the entire agreement between you and Jack Cooper and govern your use of the Sites. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services or third-party content. The Terms shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Georgia. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. By using this Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to any Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Jack Cooper’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Jack Cooper may assign its rights and duties under this Agreement to any party at any time without notice to you. This Site is controlled and operated in the United States of America. The Sites may not be available to individuals or companies outside of the United States. Jack Cooper makes no representation that materials on any Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access a Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. or any other jurisdiction’s export, re-export or import laws and regulations.
Updated January 25, 2018