TERMS AND CONDITIONS OF USE
The content and services offered to you by BDJ Trucking and its affiliates on this website are subject to the following terms and conditions. Please take the time to read through these terms and conditions before you use this site. If you will proceed to use this site you will have accepted these terms and conditions and, any changes thereto, that may be posted from time to time, and you will be bound by them. If you don’t agree to the terms and conditions set out herein, do not use the website.
All content on the BDJ Trucking site, including graphics, text, logos, icons, images, data compilations, audio clips, downloads and software, is owned or controlled by BDJ Trucking and BDJ Trucking holds all rights, including copyright, in such content. You are authorized, on a non-exclusive basis, to use and, where required, download content from this site, solely for your own personal, or internal business purposes. You are not permitted to make any external commercial use or redistribution of any of the site’s content, including resale of data, downloading onto your own website, downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data-gathering and extraction tools. The BDJ Trucking site, or any part of it, may not be reproduced, duplicated, copied, sold, resold, accessed or otherwise exploited for an external commercial purpose without the express written consent of BDJ Trucking.
3. Trade Marks
BDJ Trucking, BDJ Trucking & Design are trade marks owned by BDJ Trucking or its affiliates. You may not use BDJ Trucking’s trade marks or the trade dress incorporated onto its website in association with any product and/or service, nor in any other manner, including, any use that might have the effect of tarnishing or depreciating the value and goodwill attached to its trade marks and BDJ Trucking’s business.
Any third party marks displayed on BDJ Trucking’s site are owned by such third parties. BDJ Trucking disclaims any rights in such trade marks and any affiliation with the owners or licensees of these third party trade marks.
4. Links and Meta tagging
(a) You are granted a non-exclusive and revocable right to create a hyperlink to BDJ Trucking’s homepage only, provided this hyperlink, or its use, does not portray BDJ Trucking, its affiliates and/or their services in a detrimental, false, misleading or otherwise negative manner. You are not permitted to (a) use any trade mark, logo, icon, or graphic owned by BDJ Trucking as part of a link or (b) use any framing or similar technology to create a link between your website and that of BDJ Trucking or (c) create a link to any portion of BDJ Trucking’s website, other than its homepage, without the prior written consent of BDJ Trucking.
(b) You are also not permitted to use any meta tags or other “hidden text” which include BDJ Trucking’s trade marks or trade name, without the prior written consent of BDJ Trucking.
(c) Any third party links displayed on BDJ Trucking’s website are provided solely for your convenience and interest. BDJ Trucking expressly disclaims any affiliation with, or sponsorship of, such third parties or their websites and does not warrant, nor will BDJ Trucking be liable for, the accuracy, availability or efficiency of such third party websites and/or their content. When using these links, you are advised to review the terms and conditions of use attaching to these third party sites.
5. Receipt of Electronic Communications
You agree to receive communications from us electronically. We will communicate with you by email or by posting notices on the BDJ Trucking site. You agree that all agreements, notices, disclosures information, schedules and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(a) Although BDJ Trucking takes all reasonable and prudent steps to safeguard the confidentiality of the information and data you provide to this website, you acknowledge that the Internet is not a completely secure medium. BDJ Trucking will not be liable for any misuse or interception of information you post on this website. It is your obligation to maintain the confidentiality of your account and password as well as restricting access to your computer. You, furthermore, agree to take responsibility for any activities that occur under your account or password.
(c) You agree that any information or other material you post will not be unlawful, including material that is obscene, threatening, defamatory, invades another’s privacy or infringes any intellectual property rights. You will also not engage in any activity that consists of, or contains software viruses, commercial solicitations, chain letters, mass mailings or any other form of “spam”. You may not use false information, such as email addresses, impersonate another person or entity, or otherwise mislead BDJ Trucking as to the origin of any information provided. BDJ Trucking retains the right, but not the obligation, to delete or modify any content on its site, for any reason.
(d) You represent and warrant that you own, or otherwise control, any rights in materials you post on this site, and that, to the best of your knowledge, such material is accurate and its use by BDJ Trucking will not violate any third party rights or cause injury to any person or entity. You will indemnify BDJ Trucking, and/or its affiliates, for any claims resulting from use of the material you supply. BDJ Trucking takes no responsibility and assumes no liability for any content posted by you or any other third party.
8. Risk of Loss
Any material shipped through BDJ Trucking’s services is done pursuant to a separate shipping contract, and the terms and conditions set out in that contract shall govern the commercial aspects of that transaction.
9. Warranties and Limitation of Liability
THE BDJ Trucking SITE IS PROVIDED BY BDJ Trucking ON AN “AS IS” AND “AS AVAILABLE” BASIS. BDJ Trucking MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY OF THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY SCHEDULING OR TRACKING INFORMATION PROVIDED. YOU EXPRESSLY AGREE THAT ANY USE OF THIS SITE IS AT YOUR OWN SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAWS, BDJ Trucking DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BDJ Trucking DOES NOT WARRANT THAT THE SITE, OR SERVERS, OR EMAIL SENT FROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BDJ Trucking WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
IN THE EVENT THAT THE LAW OF ANY JURISDICTION DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AS SET OUT ABOVE, WHERE SUCH LAWS WOULD APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. Applicable Law
By using this site, you agree that this Agreement is governed by the laws of the State of Illinois and United States, without regard to principles of conflicts of laws. Any dispute arising from the use of this site between you and BDJ Trucking or its affiliates shall be interpreted and resolved under the laws of these jurisdictions.