Thank you for visiting this website (‘Sites”) owned and operated by CrossCountry Freight Solutions Inc, (“CCFS”). These Terms of Use (“Terms”) govern your use of this Site, and all other websites owned and operated by CCFS. This website and all other websites owned and operated by CCFS are collective referred to in these Terms as the “Sites.”
These Terms apply to you and all other users of the Sites. Please read these terms carefully. By using this or any of the other Sites you agree to comply with and to be bound by these Terms. By using this Sites, you acknowledge that you have read and agree to be bound by these Terms. If you do not agree, you must exit the Sites immediately and you may not access or use this Site or any of it features. These terms of this Terms of Use and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the Site services.
By agreeing to these Terms, you also agree to the terms of our Privacy Policy. Please carefully review our Privacy Policy. Our Privacy Policy explains the way CCFS uses, stores, and discloses information you provide to CCFS and other information regarding you that CCFS may maintain or store. All Personal Information provided to us because of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.
CCFS reserves the right to update or modify these Terms and the Privacy Policy at any time, without prior notice. CCFS shall always post the most current version of the Terms and the Privacy Policy. You may access the current version of these Terms at any time by clicking on the link marked “Terms of Use” in the universal footer of this Site and any of the other Sites. Likewise, you may access the most current version of the Privacy Policy at any time by clicking on the link marked “Privacy Policy” in the universal footer of this Site and the other Sites. Such changes will be effective as of the date CCFS posts the revised version on this Site and the other Sites. Your continued use of this Site or any of the other Sites after we have posted revised Terms constitutes your agreement to be bound by the revised Terms. Likewise, your continued use of this Site or any of the other Sites after we have posted a revised Privacy Policy constitutes your agreement to be bound by the revised Privacy Policy. If you disagree with any modification to the Terms or Privacy Policy, you must immediately discontinue any use of this Site and the other Sites.
You are communicating with CCFS electronically when you send e-mails to us, visit this Site, visit the other Sites, or visit third-party sites that transfer information to us. You consent to receive communications from us electronically.
These Terms and the Privacy Policy, and your obligations under these Terms and the Privacy Policy, continue to apply to you even if you are no longer using this Site or the other Sites.
This Site and the other Sites are intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older, or otherwise are of the age of majority and able to enter into binding, non-rescindable contracts.
This Site and the other Sites contain trademarks, service marks, company names, abbreviations, acronyms, product names, other trade names, trade dress, logos, icons, buttons, and graphics, print styles, colors, and color schemes (collectively the “Marks”). All Marks appearing within this Site or any of the other Sites, whether registered or not, are the property of CCFS unless otherwise expressly noted (the “CCFS Marks”). Unauthorized use of the marks is expressly prohibited. You are not authorized to display or use the CCFS Marks in any manner without CCFS’s prior written permission. You are not authorized to display or use any of the other Marks without the prior written permission of the owner of such Mark.
This Site offers special features and the opportunity to purchase additional goods and services. When you sign up to use a special feature or purchase such goods or services, you may be asked to agree to special terms governing your use or purchase. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree” or “Submit Order.” This type of agreement is known as a “click–through” agreement. If any of the terms of the click–through agreement are different than the terms of these Terms, the terms of the click–through agreement will supplement or amend this these Terms, but only with respect to the matters governed by the “click–through agreement.”
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CCFS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.
FOR YOUR CONVENIENCE, CCFS MAY MAKE AVAILABLE AS PART OF THIS SITE, OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CCFS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. SUCH PRODUCTS, TOOLS AND UTILITIES ARE PROVIDED WITHOUT WARRANTY AND ON AN AS-IS BASIS ONLY. YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITES OR IN CCFS SOFTWARE PRODUCTS.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or any of the other Sites, or has been otherwise copied and made available on this Site or any of the other Sites in a manner that constitute copyright infringement, please notify CCFS immediately. Your notice must be in writing and must include:
Your statement must be addressed as follows:
DMCA Administrator
1929 Hancock Drive,
Bismarck, ND 58501
USA
Or by e-mail to:
webadmin@ccfs.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
As a condition of your use of the Site, and the other Sites, you will not:
A. Use this Site or any of the other Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices;
B. Use this Site or any of the other Sites in any manner that could damage, disable, overburden, or impair any CCFS server, or the network(s) connected to any CCFS server, or interfere with any other party's use and enjoyment of the Sites;
C. Attempt to gain unauthorized access to any websites, other accounts, computer systems or networks connected to any CCFS server or to any of the websites through hacking, password mining or any other means;
D. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or any of the other Sites;
E. Use data mining, robots, screen scraping or similar data gathering and extraction tools on this Site or any of the other Sites;
F. Use any meta tags or any other "hidden text" utilizing CCFS's name or any of the Marks without the express written consent of CCFS;
G. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
H. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
I. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
J. Use any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
K. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
L. Harvest or otherwise collect information about others, including but not limited to e-mail addresses, internet protocol addresses, and metadata;
M. Use this Site or any of the other Sites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
N. Violate any applicable laws or regulations; and
O. Use this Site, any of the other Sites, or any of the services or tools made available on this Site or any of the other Sites if you are not able to form legally binding contracts.
Any unauthorized use automatically terminates any permission or license granted by CCFS to you. CCFS reserves the right to pursue all its legal remedies for your unauthorized use or abuse of this Site or any of the other Sites, or infringement of CCFS’s rights.
As used herein, “Linked Sites” means and includes any site not operated or controlled by CCFS. This Site may provide you with links to Linked Sites and those Linked Sites may provide links to other Linked Sites. CCFS may also gather information from such Linked Sites. CCFS is not responsible for the content of any of the Linked Sites, any information CCFS gathers from such Linked Sites, or for any content changes or updates to or from such Linked Sites. CCFS is providing these links to you, and gathering information from such Linked Sites, only as a convenience. The inclusion of any link does not imply any endorsement, sponsorship, or approval by CCFS of any of the content of such Linked Sites, any goods or services offered on such Linked Sites, the owners or operators of such Linked Sites, or the commercial activities of the owners or operators of such Linked Sites. Likewise, the inclusion of such links does not imply that there is any affiliation, connection. or associate between CCFS and the owners or operators of such Linked Sites.
CCFS may perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.
THIS SITE AND THE OTHER SITES ARE PROVIDED BY CCFS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CCFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. CCFS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THE SITES AT ANY TIME IN ITS DISCRETION. CCFS DOES NOT WARRANT THAT THE SITES WILL MEET YOUR REQUIREMENTS OR THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE.
CCFS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS CUSTOMERS OVER THE INTERNET, TELEPHONE SYSTEM OR OTHER FORM OF COMMUNICATION SYSTEM. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF EQUIPMENT OR WEBSITES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH THE SITES MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH CCFS WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, CCFS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, CCFS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CCFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CCFS DOES NOT WARRANT THAT THE SITES, ITS SOFTWARE PROVIDED ON THE SITES, ITS SERVERS OR E-MAIL SENT FROM CCFS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CCFS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CCFS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER–GENERATED CONTENT. ALTHOUGH CCFS INCLUDES STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS SITE OR THE OTHER SITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS SITE OR THE OTHER SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS CCFS, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY OF THE OTHER SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
The Sites gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions.
The laws of the state of North Dakota, without regard to principles of conflict of laws, govern these Terms as well as any dispute that might arise between you and CCFS or its affiliates.
Any dispute relating in any way to your use of this Site or any of the other Sites shall be submitted to confidential arbitration in Burleigh County, North Dakota, except that, to the extent you have in any manner violated or threatened to violate CCFS's intellectual property rights, CCFS may seek injunctive or other appropriate relief in any state or federal court in the state of North Dakota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If CCFS prevails in any action, suit, or proceeding arising from or based upon these Terms, CCFS shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these Terms are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against CCFS related to the Sites, these Terms, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services or Five Hundred Dollars ($500.00), whichever is less. IN NO EVENT SHALL CCFS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCURMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALTIES RELATED TO EMPLOYMENT MATTERS) ARISING OUT OF OR RELATING TO THE USE OF THIS SITES, INABILITY TO USE THE SITES, OR ANY OTHER HARM YOU CLAIM IN WHICH CCFS MAY BE RESPONSIBLE.
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by CCFS must commence no later than one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TERMS, THE PRIVACY POLICY, OR RELATED TO SITES SERVICES. SUCH WAIVER ALSO INCLUDES ANY HEARING, MOTION, OR APPLICATION RELATED TO ATTORNEYS’ FEES.
Except as otherwise expressly provided herein, these Terms shall bind and inure to the benefit of the successors, assigns, heirs, executors, and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by CCFS in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, CCFS’s election to not assert its rights under these Terms shall not preclude CCFS from asserting its rights in the future.
Except as expressly provided herein, nothing in these Terms is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
Use of this Site or the other Sites, and transfer, posting and uploading of software, technology, and other technical data via this Site or the other Sites, may be subject to the export and import laws of the United States and other countries. You agree to, and shall, comply with all applicable export and import laws and regulations. You:
Please review our other policies, including without limitation, our Privacy Policy. These policies also govern your visit to CCFS. We reserve the right to make changes to this Site, our other Sites, our policies, these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be modified to best reflect the intent of these Terms and our Privacy Policy while remaining legally valid and shall not affect the validity and enforceability of any remaining conditions.
You may not hyperlink to this Sites or any of the other Sites unless you have the advanced written and signed permission from the CCFS President. If you are granted permission to hyperlink you will have a limited, revocable, nonexclusive right to create a hyperlink provided you comply at all times with all of the following conditions:
CCFS may provide you with notices, including those regarding changes to these Terms, using various means including but not limited to email, regular mail, text message, postings on this Sites or the other Sites, or other reasonable means now known or hereafter developed.
If you have any reason to believe that content on this Site or any of the other Sites violates any law, that any user is using this Sites or any of the other Sites to violate the law, or that any user is violating these Terms or the Privacy Policy, you may inform CCFS in writing about the facts and circumstances of the alleged abuse/violations. CCFS may, but is not obligated, to investigate the allegations.
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will CCFS be liable to you for your failure to retain necessary records, nor will CCFS’s retention (or non-retention) of records act to alleviate your duty under the law.
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
You may CCFS at:
Website Administrator
1929 Hancock Drive,
Bismarck, ND 58501
USA
Or by e-mail to:
webadmin@ccfs.com
These Terms (together with our Privacy Policy and any click–through and subscription agreements applicable to you) contain the entire understanding and agreement between you and CCFS with respect to this Site and the other Sites and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and CCFS with respect to your use of this Site and the other Sites.
