Terms and Conditions
Terms and Conditions
Last Updated: September 14, 2020
Welcome to essuccessintrucking.com!
These Terms and Conditions outline the rules and regulations for the use of Expediter Services, LLC’s Website, www.essuccessintrucking.com (the “Website”), located at 5959 Pepper Chase Drive, Southaven, MS 38671, USA.
By using or accessing this Website, you signify your agreement to these Terms and Conditions. These Terms and Conditions apply to your access to and use of the Website and do not alter in any way the terms and conditions of any other agreement you may have with us, unless otherwise agreed to by us in writing. You represent and warrant that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. Do not continue to use essuccessintrucking.com if you do not agree to take all of the terms and conditions stated on this page.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OR ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHALL NOT USE OR ACCESS THE WEBSITE OR PURCHASE GOODS OR SERVICES FROM US.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person accessing or using this Website. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Eligibility and Account Registration
THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND LOCATED IN THE UNITED STATES. YOU MAY NOT USE OR ACCESS THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, (C) ARE PROHIBITED FROM ACCESS OR USING THE WEBSITE BY APPLICABLE LAW, OR (D) ARE LOCATED OUTSIDE OF THE UNITED STATES .
To access and use certain aspects of the Website, you must register for an account. In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information, (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your account or the Website.
Website Ownership and Intellectual Property
Unless otherwise stated, Expediter Services, LLC and/or its licensors own the intellectual property rights for all material on the Website as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), and all information, products, and services offered by us to you in connection with the Website (collectively, the “Content”).. All intellectual property rights are reserved. All Content is protected under applicable copyrights, trademarks, and other proprietary rights pursuant to international conventions and U.S. and other laws. The Website and Content are the property of Expediter Services, LLC and/or the applicable third-party licensors, and all right, title, and interest in and to the Website and the Content will remain with Expediter Services, LLC and/or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Expediter Services, LLC. All other products, names, and company logos mentioned on the Website or in the Content are trademarks of their respective owners.
These Terms and Conditions permit you to use essuccessintrucking.com for your own personal use and other non-commercial use. You do not acquire ownership rights to the Website or any Content, other than those rights in the materials that you submit to use or otherwise enter through the Website, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the Website, as further described below. These Terms and Conditions do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of the Company or the respective intellectual property owners.
You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Content. You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the foregoing, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Expediter Services, LLC and/or the respective intellectual property rights holder identified in the subject content, which consent may be granted or withheld at the sole discretion of the rights holder. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content or the Site.
Terms of Sale
All prices are shown in U.S. dollars, and taxes are additional. Prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All sales are final, and we are not obligated to facilitate any returns or refunds. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
Feedback and Reviews
If you provide us with comments, bug reports, feedback, or modifications proposed by you to us, about the Website or the Content (collectively, “Feedback”), we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Website and the right to assign, license or otherwise use such Feedback.
The Website may include product reviews or other interactive features in which you or other users can create, post, upload, transmit, or distribute content, such as comments, reviews, text, or other materials (“User Reviews”). User Reviews may be publicly-viewable along with profile information associated with your online account. You agree that you are solely responsible for your User Reviews and for your use of such aspects of the Website. Use of these portions of the Website are at your own risk. You understand that you may not be able to delete User Reviews after posting. You also assume all risks associated with your User Reviews, including anyone’s reliance on the quality, accuracy or reliability of such User Reviews, and the disclosure of your personal information in connection with such content. If you submit User Reviews, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views.
By providing Feedback or posting User Reviews, you hereby grant us a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Feedback and User Reviews on the Website and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You represent and warrant that (a) such Feedback and User Reviews are not confidential; (b) you own and control all of the rights, title and interest in and to the Feedback and User Reviews or you otherwise have all necessary rights to post and use such Feedback and User Reviews to the Website and to grant the rights to us that you grant in this Agreement; (c) the Feedback and User Reviews is accurate and not misleading or harmful in any manner; and (d) the Feedback and User Reviews, and your use and posting thereof, do not and will not violate this Agreement or any applicable law, rule or regulation.
You agree to use the Website only for lawful purposes and in accordance with this Agreement. Specifically, you agree that:
- you will not use the Website in any way that violates federal, state, local, or international law or regulation (including any laws or regulations regarding the export of data or software to and from the United States or other countries);
- you will not use the Website to transmit or send unsolicited commercial communications;
- you will not attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Website (or the servers, networks, and databases associated with the Website);
- you will not access (or attempt to access) the Website through any robot, spider, or other automated means (including use of scripts or web crawlers);
- you will not “screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Website;
- you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent;
- you will not engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Website (or the servers, networks, and databases associated with the Website);
- you will not introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful to the Website (or the servers, networks, and databases associated with the Website);
- you will not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- you will not edit, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works any content on the Website that is not owned by you or another person or entity for whom you act as their agent;
- you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Website for any commercial purpose (except for content specifically and expressly made available for redistribution);
- you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations from the Website;
- you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or develop restricted or password-only access pages, or hidden pages or images; and
- you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which you may suffer) of any such breach.
Any use of the Website or the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Reliance on Information Posted
The information presented on or through the Website, including the Content, is made available solely for general information purposes. We use reasonable efforts to update the information on the Website, and the contents of the Website are subject to change without notice. We do not warrant the accuracy, completeness, or usefulness of this information (including any product, service, description, photograph, pricing or other 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.
In the event of an error—whether on the Website, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. 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.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Expediter Services, LLC; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Expediter Services, LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Expediter Services, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.
Warranties and Disclaimers
THE WEBSITE AND THE CONTENT AND ALL GOODS AND SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE CONTENT, AND ALL GOODS AND SERVICES.
EXPEDITER SERVICES, LLC DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY PART THEREOF OR THE GOODS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EXPEDITER SERVICES, LLC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. EXPEDITER SERVICES, LLC EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN USER.
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. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, 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 OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
ALL USER REVIEWS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS, AND WE DO NOT ENDORSE OR APPROVE ANY USER REVIEWS. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER REVIEWS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking Terms and Conditions.
Removal of Links from Our Website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Limitation of Liability
EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL EXPEDITER SERVICES, LLC BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER EXPEDITER SERVICES, LLC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
MAXIMUM AGGREGATE LIABILITY. IN NO EVENT WILL EXPEDITER SERVICES, LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $50, OR THE AMOUNT PAID BY USER TO EXPEDITER SERVICES, LLC FOR THE GOODS OR SERVICES AFFECTED BY THE BREACH, WHICHEVER IS LESS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Revisions and Errata
We reserve the right to modify or discontinue the Website at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Website. The operation of the website may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
The Content and the Website could include technical, typographical, or photographic errors. We do not warrant that any of the Website or the Content are accurate, complete, or current. We do not make any commitment to update the Website or the Content.
Governing Law and Venue
All matters relating to the Website, the Content, or these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.
The courts having jurisdiction over the State of Tennessee, County of Shelby shall have exclusive jurisdiction over all disputes arising in connection with these Terms and Conditions, and the place of performance of these Terms and Conditions is agreed by you to be the State of Tennessee, County of Shelby.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Enforcement of these Terms and Conditions is in our sole discretion.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
You agree to indemnify, defend, and hold harmless Expediter Services, LLC and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms and Conditions; (ii) your violation of any third party’s right, including, without limitation, any copyright, trademark, property right, or privacy right; or (iii) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Website and any termination of these Terms and Conditions.
Terms May Change
We may modify these Terms and Conditions from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms and Conditions from time to time so you are aware of any changes. However, if we make material changes to this Agreement, we will notify you either through the email address you have provided us or by means of a prominent notice on the Website before the change becomes effective. Any changes to these Terms and Conditions will be in effect as of the “Last Updated” date referenced at the top of these Terms and Conditions. Your continued use of the Website constitutes your binding acceptance to these Terms and Conditions, including any changes or modifications that we may make. If any part of these Terms and Conditions or any future changes to these Terms and Conditions are not acceptable to you, you must not use or access the Website.
These Terms and Conditions, together with any documents expressly referred to in them constitute the sole and entire agreement between you and us with respect to the Website and Content, and they supersede all previous written or oral agreements. These Terms and Conditions does not supersede or amend any other agreement with Expediter Services, LLC.
You may terminate this agreement at any time by closing your account, discontinuing your use of the Website and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website.