Last Modified: 3-11-2020
You must be eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) or older and reside in the United States in order to use the Website or register for an Account.
2. Entity Users
“Including” means “including without limitation” and does not limit the preceding words or terms. The words “or” and “nor” are inclusive and include “and”. The singular shall include the plural and vice versa.
4. Registration on the Website
You must register on the Website (each an “Account”) in order to post, view or respond to Job Listings or access other features. To register an Account, you will need to provide information about yourself or the Entity. If you would like to register as an Owner, the information that you are required to provide includes but is not limited to the Owner’s full legal name, business mailing address, business phone number, valid business email address and vehicle(s) (with current photos and DOT and VIN numbers). If you would like to register as a Contractor, the information that you are required to provide includes but is not limited to the Contractor’s full legal name, business mailing address, business phone number and valid business email address. You are responsible for keeping your Account information current through the Account page on the Website; please be aware that communications sent through the Website and by us rely on your Account information and failure to keep your Account information up to date may mean that you do not receive messages, updates or important communications from us and other users. Each individual and each Entity may only have one Account. You may not assign or otherwise transfer your Account to any other individual or entity.
5. Accessing the Website and Account Security
We reserve the right to modify the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.
To access the Website or certain services on the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our Account security procedures, you must treat such information as confidential, and you must not disclose it to any other individual or entity, except you may disclose it to your Users if you are an Entity. You also agree not to provide any other individual or entity with access to the Website or portions of it using your user name, password or other security information, except your Users if you are an Entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security for your Account. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
6. Haulright Platform
The Website includes a platform where an individual or business (a “Contractor”) in need of material and dirt hauling services and earthmoving services for a commercial project (“Hauling Services”) can list the job (“Job Listing”) in order to connect with an individual or business (an “Owner”) to provide such Hauling Services with their owned vehicle(s).
Contractors must register for an Account with the Website to create a Job Listing. Owners must register for an Account to view Job Listings and further must have a subscription to the Website in order to contact Contractors about their Job Listings and book a job with a Contractor. You acknowledge and agree that the Website may only be used for commercial projects and that you shall not use the Website to list, offer, accept, seek or obtain Hauling Services for any personal, household or family projects.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT PERFORM ANY HAULING SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM HAULING SERVICES. YOU ACKNOWLEDGE AND AGREE THAT OWNERS ARE NOT AFFILIATED WITH COMPANY AND ARE NOT INDEPENDENT CONTRACTORS, EMPLOYEES, PARTNERS, AGENTS OR FRANCHISEES OF COMPANY. You acknowledge and agree that any contract for Hauling Services between an Owner and a Contractor is solely between such Owner and Contractor, and Company does not have any obligation under any such contract and further Company is not liable for any actions or omissions of an Owner or a Contractor or their employees or agents with respect to you, your activities or your property or any third party or any third party’s property. You further agree that Company is not responsible for or involved in any way with the payment for the Hauling Services and that an Owner must seek payment for Hauling Services directly from the applicable Contractor, provided however you agree to honor the payment terms set forth in a Job Listing unless otherwise agreed in writing with the Contractor or Owner, as applicable.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR ANY HAULING SERVICES. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RESPONSIBILITY OR LIABILITY FOR THE HAULING SERVICES OR ANY ACTIONS OR OMISSIONS OF AN OWNER OR A CONTRACTOR OR THEIR EMPLOYEES OR AGENTS, INCLUDING A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE ANY CONTROL OVER THE PERFORMANCE, QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE OR ANY OTHER ASPECT WHATSOEVER OF THE HAULING SERVICES OR OF ANY CONTRACTOR’S JOB OR ANY OWNERS OR CONTRACTORS OR EITHER OF THEIR EMPLOYEES OR AGENTS, NOR OF THE INTEGRITY, RESPONSIBILITY, QUALIFICATIONS OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY PARTIES.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE ANY CONTROL OVER ANY COMMUNICATIONS BY OR ON BEHALF OF CONTRACTORS OR OWNERS OR OF ANY RATINGS OR REVIEWS PROVIDED BY OR ON BEHALF OF CONTRACTORS OR OWNERS WITH RESPECT TO EACH OTHER, INCLUDING THROUGH THE WEBSITE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, SUITABILITY, SAFETY, AVAILABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE OWNERS, CONTRACTORS, JOB LISTINGS, HAULING SERVICES OR THE COMMUNICATIONS OF OR BETWEEN, OR ON BEHALF OF, CONTRACTORS AND OWNERS IDENTIFIED THROUGH THE WEBSITE, WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS OR OTHERWISE HOWSOEVER.
If you are an Owner, you acknowledge and agree that if you contact a Contractor through the Website regarding a Job Listing, that your contact information and vehicle information may be shared with such Contractor. If you are a Contractor, you acknowledge and agree that any Owner who contacts you through the Website regarding your Job Listing may receive your contact information.
7. Owner Requirements
If you are an Owner, you represent, warrant and agree that you meet the following requirements and will continuously meet such requirements as long as you are offering and/or providing Hauling Services:
- To perform the Hauling Services in accordance with the terms of any Job Listing that you booked and that was confirmed by the Contractor, as set forth in such Job Listing.
- The vehicle(s) and drivers you provide for Hauling Services with respect to a Job Listing meet the specifications set forth in the Job Listing (type of dirt hauled, distance(s) traveled, etc.).
- The Hauling Services you provide will be performed with due care, skill and diligence and in a professional manner.
- All drivers who perform the Hauling Services you provide are at least 21 years old and have a valid driver’s license and meet all other licensing and certifications required to perform the Hauling Services and operate the applicable vehicle(s) under applicable laws and regulations.
- You own all vehicles that you provide for the Hauling Services.
- You and all drivers who perform the Hauling Services have all licenses, approvals and permits required to perform the Hauling Services and all vehicles used for the Hauling Services are properly registered, licensed and insured as required by applicable laws and regulations in order to provide the Hauling Services.
- You are in compliance with all applicable laws and regulations with respect to your business and its operations and the provision of the Hauling Services.
- You agree that we may update the Owner requirements from time to time, in our sole discretion, and in such event you agree to comply with any such updated Owner requirements as long as you are offering and/or providing Hauling Services.
- You agree that we may request additional information from you about you or your drivers or vehicles in order to determine whether the requirements set forth in this Section are met and that we may independently verify information that you provide to us.
- You, as an Owner, acknowledge and agree that (a), as between Owner and Company, you are solely responsible for determining how to perform the Hauling Services and for providing all necessary devices, vehicles and drivers to provide the Hauling Services at your own expense; (b) you retain the sole discretion to determine what Hauling Services you provide and whether to provide the Hauling Services; (c) you are solely responsible to Contractors or other third parties that arise from provision of the Hauling Services by you and your drivers and your other employees and agents; (d) you are solely responsible for taking such precautions as may be responsible and proper regarding actions or omissions of a Contractor or other third parties, such as obtaining proper insurance, including liability insurance and worker’s compensation; and (e) Company may provide your contact and vehicle information and insurance information to a Contractor upon such Contractor’s reasonable request.
8. Contractor Requirements
- If you are a Contractor, you represent, warrant and agree:
- To compensate an Owner for the Hauling Services in accordance with the payment terms you listed in the Job Listing that such Owner booked and which you confirmed.
- To confirm or reject bookings for your Job Listings in a timely manner.
- To perform any obligations you agreed to perform in the Job Listing that an Owner accepted.
- To not post any Job Listings for or otherwise request that any Owner provide any Hauling Services that will violate any applicable laws or regulations.
- That you have the right and authority to contract with the Owner with respect to the real and personal property and materials that are the subject of the Job Listing.
- That you are in compliance with all applicable laws and regulations with respect to your business and its operations.
- You agree that we may update the Contractor requirements from time to time, in our sole discretion, and in such event you agree to comply with any such updated Contractor requirements as long as you are seeking and/or obtaining Hauling Services.
9. Owner Subscriptions
Owners are required to have a subscription in order to contact Contractors and book jobs through the Website. This Section only applies to Owner Accounts. The price that we will charge you for a subscription will be as posted on the Website on the date you first sign-up for a subscription. The price will be per month per vehicle, unless otherwise stated on the Website. The price that we will charge you for any renewal subscription will be the then-current price as posted on the Website on the first day following the end of a subscription period. Company reserves the right to change prices for subscriptions at any time, and does not provide price protection or refunds in the event of any promotion or price decrease. You may be charged sales tax or other similar taxes if applicable and you agree to be responsible for all such taxes. The receipt of a request to register and subscribe to the Website does not constitute the acceptance by Company. We reserve the right, at our sole discretion, to refuse or cancel any request for any reason.
By providing your credit or debit card information (or other payment method allowed by Company from time to time) when you sign up, and as updated from time to time by accessing your Account (your “Payment Method”), you authorize Company and/or our third-party payment processor to charge your Payment Method the then-current price as posted on the Website for your subscription during the subscription period. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your Account and ability to book jobs during the affected period of the subscription. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Website.
You may cancel your monthly subscription through the Account page on the Website and following the instructions therein or by emailing [firstname.lastname@example.org] prior to the end of the current month. YOUR SUBSCRIPTION WILL CONTINUE ON A MONTH-TO-MONTH BASIS UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE CURRENT MONTH, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER MONTH AT THE THEN-CURRENT PRICE.
WE MAY, IN OUR SOLE DISCRETION, TERMINATE YOUR SUBSCRIPTION AT ANY TIME WITHOUT NOTICE. IF WE DO SO, YOU WILL ONLY BE CHARGED FOR THE PRO-RATA PORTION OF THE CURRENT SUBSCRIPTION MONTH ALREADY COMPLETED AT SUCH TIME.
10. Information Collected
Company may from time to time and in our sole discretion offer contests, promotions and referral opportunities (“Promotions”). All such Promotions and their related terms and conditions will be at the sole discretion of Company, and can be activated, modified or removed at any time by Company without notice to you and without liability to Company. You acknowledge and agree that such Promotions may have additional terms and conditions that apply to your participation and that if you participate you agree to such additional terms and conditions.
12. Intellectual Property Rights
a. Website Content
The Website and its entire contents, features and functionality (including all information, software, source code, object code, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own use with respect to Job Listings and Hauling Services and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use with respect to Job Listings and Hauling Services, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- Reverse engineer, disassemble, decompile or decode the Website or any part thereof or otherwise attempt to derive or gain access to the source code of the Website or any part thereof.
- Link to, mirror or frame any portion of the Website.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Website.
- Use the Website in any unlawful manner whatsoever.
- Otherwise use the Website except as expressly authorized herein.
Except as expressly allowed herein to list jobs and offer Hauling Services, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this Section, please address your request to: [email@example.com].
The Company name, the term “Haulright”, the Company logo, domain name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product, and service names, designs, and slogans on the Website are the trademarks of their respective owners.
13. Copyright Policy
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing a Notice of Alleged Infringement (containing the contents described below) and delivering it to Company’s agent identified below in this Section. Upon receipt of the Notice of Alleged Infringement, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Website.
In accordance with 17 U.S.C. Section 512 (“DMCA”), the Notice of Alleged Infringement should include: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s full legal name and contact information, such as mailing address, telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf (or authorized to act under an exclusive right under copyright).
A Notice of Alleged Infringement should be submitted to the Company’s agent: [Name of Agent], in one of the following manners: By e-mail to [e-mail address]; by mail to [physical address]; or by phone to [phone number]. [DLG Note: This will need to be setup online.]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice of Alleged Infringement may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
14. Access to the Website; Electronic Transaction and Communications
You are solely responsible for obtaining any devices and data access required to use the Website, and we do not guarantee that the Website will work with or on any particular device. You acknowledge that your mobile network’s data and messaging rates and fees may apply if you access or use the Website from your device and that you are solely responsible for such charges.
You acknowledge and agree that other users of the Website, including any Owners or Contractors, may contact you using the phone number or email address you provide to the Website, and you consent to receive such communications. You agree that you are solely responsible for any related charges from your cell phone carrier, wireless carrier, internet service provider or other applicable service provider. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY EMAIL, TEXT, PHONE CALLS OR OTHER COMMUNICATIONS SENT BY OR RECEIVED BY ANOTHER USER OF THE WEBSITE, INCLUDING ANY OWNER OR CONTRACTOR OR THEIR EMPLOYEES OR AGENTS.
WHEN YOU CONTACT COMPANY OR THIRD PARTIES BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO COMPANY OR THIRD PARTIES VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM COMPANY OR THIRD PARTIES THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
15. Prohibited Uses
- While driving or operating any vehicle or equipment.
- In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation through any means.
- To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- To cause any personal injury or property damage.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
16. User Contributions
The Website allows Contractors to post Job Listings, supports communication between Owners and Contractors related to Job Listings and Hauling Services and contains other features that allow you to post messages or reviews, give ratings, request support or participate in Promotions, among other possible features, (collectively, “Interactive Services”) that allow users to post, send, text, message, submit, upload, publish, display or transmit to other users or other persons or entities (collectively, “post”) content or materials (collectively, “User Contributions”) on or through the Website. Company may modify, add or remove Interactive Services from time to time in its sole discretion.
All User Contributions must comply with the Content Standards set out below.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), royalty-free and fully paid up license to use, reproduce, modify, create derivative works of, perform, display, distribute, disclose to third parties, and otherwise exploit in any manner any such User Contribution for any purpose, in all formats and distribution channels now known or unknown, now existing or not, and without further notice to or consent from you. No payment to you or any other person or entity shall be required by us for the foregoing license.
You represent and warrant that:
- You own or control all rights in and to your User Contributions and have the right to grant the license granted above.
- All of your User Contributions, and the posting of your User Contributions on or through the Website, and the use of your User Contributions as permitted herein do not and will not infringe, misappropriate or violate a third party’s intellectual property, proprietary, publicity or privacy rights.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
17. Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion at any time without notice to you.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY THIRD PARTY DURING OR AS A RESULT OF SUCH COOPERATION.
We generally do not review User Contributions before they are posted on the Website, and cannot ensure prompt removal of an objectionable User Contribution after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
18. Content Standards
These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except as expressly allowed herein.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Contain any names or other personal information, except your own such information.
19. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy above for instructions on sending us a Notice of Alleged Infringement. It is the policy of the Company to terminate the user accounts of repeat copyright infringers.
20. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
21. Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
22. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
23. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
24. Geographic Restrictions
The owner of the Website is based in the state of Montana in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
25. Disclaimer of Warranties; Limitation of Liability; Indemnification
a. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT: (I) COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (II) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR CONFIRMING THAT THE SERVICES OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY FOR, OR RELATING TO, THE INTEGRITY, LOSS, CORRUPTION, PRIVACY, SECURITY, CONFIDENTIALITY OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED USING THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH EVENT, TO THE FULLEST EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.
b. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES OR EITHER OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS (“COMPANY PARTIES” AND EACH A “COMPANY PARTY”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR OR YOUR USERS’ USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE, OR SUCH OTHER WEBSITES, (II) JOB LISTINGS OR HAULING SERVICES, OR (III) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OWNER OR CONTRACTOR OR ANY OF THEIR EMPLOYEES OR AGENTS, INCLUDING IN ANY OF THE FOREGOING CASES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
d. Limitation on Time to File Claims
“Confidential Information” means any and all of Company’s trade secrets, confidential and proprietary information and all other information and data that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure, including information consisting of or relating to Company’s services, technology, trade secrets, know-how, business operations, plans, strategies, users, Owners, and Contractors, in each case whether or not marked, designated, or otherwise identified as “confidential” or other words of similar import.
27. Equitable Relief
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under Section 12 or Section 26 would cause Company irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
a. Governing Law; Jurisdiction
If Section 28.b on binding arbitration is not applicable or is otherwise found to be invalid or unenforceable with respect to a given Claim (as defined below), then any and all proceedings to resolve such Claim shall be instituted exclusively in the federal courts of the United States or the courts of the State of Montana in each case located in the City of Helena. To the fullest extent permitted by law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding anything herein to the contrary, we retain the right to bring any suit, action or proceeding against you in any court or other appropriate tribunal located in your State or country of residence or any other relevant country.
b. Binding Arbitration
c. Waiver; Severability; Survival
d. Force Majeure; Assignment; No Third Party Beneficiaries
We will not be liable or responsible for any failure or delay in our performance of any obligation hereunder if caused by an event outside of our reasonable control.
e. Entire Agreement
f. Comments and Concerns; Notices
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