If you are an individual end user accessing the Sites or Services on behalf of yourself or an entity, you understand and agree that the Sites and Services are provided to you and such entity subject to these Terms. Please review these Terms carefully before using the Site or the Services. By using the Sites or the Services, you acknowledge and represent that you have read and understand these Terms and agree to be bound by them. Your continued use of the Sites or Services will be deemed acceptance of any changes made hereto. If you do not agree to the Terms, you must not access the Sites or Services.
In addition, when using a particular Site, or when using the Services on any Site, your use will be subject to any guidelines or rules posted at such Sites or Services (collectively, “Additional Terms”), all of which are incorporated herein by reference. If these Terms conflict with the Additional Terms, then these Terms shall supersede any contradictory terms.
By using the Sites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Sites.
MODIFICATION OF THESE TERMS
We reserve the right to change these Terms from time to time, and at any time, with or without notice, 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.
ACCESSING THE SITES
The Company reserves the right to withdraw or otherwise amend the Sites and any Service or material provided by, on, or through the Sites in our sole discretion at any time without notice.
You hereby agree that the Company shall not be responsible or otherwise liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entirety of a Site, to users.
In connection with your use of the Sites and Services, you are responsible for:
Making all arrangements necessary for you to have access to the Sites and Services; and
Ensuring that all persons who access the Sites or Services through your internet connection are aware of and comply with these Terms.
In connection with certain features on a particular Site or Sites, the Company may issue you, or enable you to establish, a username and password. If account credentials are issued to you, you are responsible for maintaining the strict confidentiality of them and you are responsible for any activity under your account and password. You should also exercise due care 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.
If you suspect unauthorized use of your account credentials or any other security breach, you agree to (a) immediately notify the Company of any unauthorized use of your account or credentials 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, use, and access of your account and credentials and notify the Company when you desire to cancel your account for any Site. The Company shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with these Terms.
The Company reserves the right to disable any account credentials or other identifier, whether chosen by you or provided by us, at any time in our sole discretion without notice.
USE OF SITES AND SERVICES
You may only use the Sites and Services for lawful purposes and in accordance with these Terms. The rights granted to you under these Terms will remain in force for as long as these Terms remain in effect.
You may not use the Sites or Services for anything but your own informational purposes or direct business needs. You represent and warrant that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and current.
You may not reuse, sell, transfer, or otherwise repurpose the Sites or Services for profit or for any other reason without the express written permission of the Company. You may not resell or sublicense access to the Sites or Services to any third party with the express written permission of the Company.
You may only access the Sites and Services with a browser operated by a person. You may not access the Sites or Services using a web crawler, internet bot, or any other automated program for scraping information or web indexing any Site or Service. You agree not to combine or integrate the Sites or Services with any hardware, software, or other technology or materials not provided by us. You may not modify or create any derivative product based on the Sites or Services. You may not decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the Sites or 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 Sites or Services to: (i) violate any applicable local, state, federal, or international law or regulation; (ii) defame, abuse, harass, stalk, threaten, or otherwise violate or infringe on the legal rights of another individual; (iii) publish, post, advertise, distribute, disseminate, upload, or transmit any defamatory, infringing, fraudulent, obscene, indecent, or otherwise unlawful material or information; (iv) store, download, or otherwise collect any material or information published, posted, distributed, disseminated, or uploaded by another user; (v) distribute or disseminate any material or information published, posted, distributed, disseminated, or uploaded by another user without express written consent of the user; (vi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, including the Company or Company employee; (vii) modify, disrupt, or otherwise interfere with the Sites or Services, or servers or networks connected to the Sites or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites or Services; (viii) use the Sites or Services in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites; (ix) upload any content to the Sites or Services that contains software, content, or other material protected by intellectual property laws or by rights of privacy or publicity unless you own or control all necessary rights to the contents or have received all necessary consents; (x) upload content that contains malware, viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of the Sites, Services, or another’s computer; (xi) use any robot, spider, or other similar automatic device, process, or means to access the Sites or Services for any purpose, including monitoring or copying any of the content on the Sites; (xii) use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent from the Company; (xiii) introduce any viruses, trojan horses, worms, logic bombs, or other similar material to the Sites or Services which is malicious or technologically harmful; (xiv) delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded; (xv) falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded; (xvi) transmit, procure the sending of, or use the Sites or Services to conduct or forward any advertising or promotional material, including surveys, junk mail, chain letters, spam, contests, or any other similar solicitations; (xvii) access or attempt to access the Company’s information technology systems, environments, networks, files, data, or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access; (xviii) attempt to circumvent or subvert the Company’s system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Sites or Services; (xix) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites or Services, or which, as determined by us, may harm the Company or users or expose either to liability; (xx) otherwise attempt to interfere with the proper working of the Sites or Services.
Without our prior written consent, you may not (a) use any high volume, automated, or other electronic means to access the Sites or Services; or (b) frame the Sites or Services, place pop-up windows over the Sites’ or Service’s pages, or otherwise affect the display of such pages.
Any use of the Sites and Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws. As provided herein, we reserve the right in our sole discretion to terminate or suspend your use of the Sites and Services if you do not comply with these Terms.
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.
The Company does 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, nor do we represent, warrant, or guarantee the truthfulness, accuracy, quality, or reliability of any of the content posted, displayed, linked to, or otherwise transmitted via the Sites or the Services by you or by others.
SERVICE AND PRODUCT AVAILABILITY
Prices and availability of the Services and other products listed on a Site are subject to change without notice. The listing, description of, or reference to a particular Service or product on a Site does not imply that the Service or product is presently available, constitute an offer to sell or supply that Service or product, or mean that the Service or product is available in all countries.
LINKING TO THE SITES
You may link to the Sites, provided you do so in a way that is fair and legal and does not damage or appropriate our reputation; provided, however, you must not link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Sites may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Sites, and/or cause limited portions of content on the Sites 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. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause the Sites 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 Sites other than the homepage; or
Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms.
You hereby agree to cooperate in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission or disable all or any social media features and any links in our sole discretion at any time without notice.
LINKING FROM THE SITES
The Sites may contain links to other or other means of access to third party websites (“Third-Party Sites”), apps, advertisers, special events, promotions, activities, merchandise, 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 (collectively, “Third-Party Content”) that are not owned, operated, investigated, monitored, or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by the Company. Accordingly, we are 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.
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.
The Company has no control over, does not endorse, and assumes no responsibility for the content, privacy policies, or practices of or opinions expressed, or products, goods, data, or other materials offered, promoted, or sold on any Third-Party Sites or offered through Third-Party Content. YOU HEREBY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS THE RESULT OF ANY SUCH DEALINGS WITH THIRD PARTY SITES OR THIRD-PARTY CONTENT. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR THIRD PARTIES, YOU HEREBY RELEASE THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. YOU HEREBY EXPRESSLY WAIVE ANY PROTECTION, RIGHT OR BENEFIT TO WHICH YOU MIGHT OTHERWISE BE ENTITLED.
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, 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 the Company makes the Mobile Services available. You are responsible for 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 and Services, including the entire contents, features, and functionality of each (including but not limited to all information, software, text, displays, graphics, images, video and audio, interfaces, code, data, materials, compilation of code, data, and materials, design and organization, and selection and arrangement thereof), are owned by the 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.
The Sites are copyrighted as a collective work under the United States and other copyright laws and are the property of the Company. The collective work includes works that are licensed to the Company. Unless otherwise indicated on the Sites, displayed trademarks, corporate logos, services marks, trade names, and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to the Company. Under no circumstance does the Company grant any license or other authorization to use the Marks.
The Company 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 this Website are the trademarks of their respective owners.
You hereby agree not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites, except as follows:
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.
Your use of the Sites and Services does not grant ownership of any of the foregoing and granting you temporary access under these Terms does not affect your future ability or permission to access this Sites.
CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act of 1998 and other applicable law, the Company has 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 us 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”; and
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 should be emailed or mailed, at your choice,
Jack Cooper Investments, Inc.
Attn: Executive Vice President, Technology and Innovation
2345 Grand Boulevard, Suite 2400
Kansas City, MO 64108
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.
In accordance with the Digital Millennium Copyright Act and other applicable laws, the Company has 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.
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 a Site without notice or penalty.
Upon such termination, change, suspension, or discontinuance, you must immediately cease use of the Website and destroy any copies you have made of any portion of the Sites’ content. Accessing the Sites after such termination, change, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to you or any third party for any termination, change, suspension, or discontinuance of your access to the Website.
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, THE COMPANY 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. THE COMPANY 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. THE COMPANY 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 THE COMPANY OR THROUGH ANY SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, THE COMPANY 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS 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 THESE TERMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE CONTENT, SERVICES, PRODUCTS, OR 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, $10.00 (TEN DOLLARS AND NO/100).
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 defend, indemnify and hold harmless the Company, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, the use of the Site’s contents, services, and products other than as expressly authorized herein, the use of any information obtained from the Sites, 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.
All matters relating to the Sites and these Terms, including any dispute or claim arising therefrom or related hereto, shall be governed by, and construed in accordance with the laws of the State of Georgia without regard to any choice or conflict of law provision.
Any legal suit, action, or proceeding arising out of or in anyway related to these Terms or the Sites shall be brought exclusively in Cobb County, Georgia, or the United States District Court for the Northern District of Georgia; provided, however, the Company reserves the right to bring any legal suit, action, or proceeding against you for breach of these Terms in your county of residence or any other proper venue. You hereby waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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 arising from the use of any Site, or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred.
WAIVER AND SEVERABILITY
No waiver by the Company of any provision of these Terms shall be deemed a continuing waiver of such provision, nor a waiver of any other provision. Further, the Company’s failure to insist upon or enforce strict performance of any provision of these Terms or assert any right under these Terms, shall not constitute a waiver of such provision or right. Neither the course of conduct between the parties nor trade practice shall act to waive or otherwise modify any of these Terms.
If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and shall be construed to best effectuate the intention of the parties hereto.
The Company may assign any of its rights and duties under these Terms to any party at any time without notice to you.
These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior negotiations, correspondence, understandings, agreements, representations, or undertakings between the parties hereto, whether written or oral.
If you have any questions or concerns about these Terms, please contact us at:
Jack Cooper Investments, Inc.
Attn: Executive Vice President, Technology and Innovation
2345 Grand Boulevard, Suite 2400
Kansas City, MO 64108
This Policy was last updated on June 14, 2022