PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR APPLYING.

 

Last updated: December 17, 2019

 

This website (collectively, with any sub-domain of such website, the “Site”) is owned and operated by Simon Transport, LLC (henceforth referred to as “Simon Transport”). By using materials and content on this Site or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site or any information (including information relating to any motor vehicle), materials, content, products, services or reports included on or otherwise made available to you through the Site.

Note that special terms may apply to some products or services offered on the Site, like purchased reports, subscription-based services, rules for particular contests or sweepstakes or other features or activities. These special terms shall be posted in connection with the applicable product or service. Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

By using materials, content, reports or any other information on the Site, you acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials, reports and information available at or through the Site. Simon Transport may change these Terms of Use at any time by posting modified, updated or new applicable terms and conditions and revising the “Last Updated” date at the top of these Terms of Use. Your continued use of the Site after any such posting indicates that you accept any such changes in these Terms of Use. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any modifications.

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License and Site Access

Simon Transport grants you a limited license to access and make personal use of the Site or the materials or content contained therein (collectively, the “Content”) and not to download (other than page caching) or modify the Content, or any portion of it, except with express written consent of Simon Transport. This license does not include any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any modification, publication, display or derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of screen scraping, database scraping, data mining, robots, spiders or similar data gathering and extraction tools.

All Content, including text, graphic images, videos, code, and software, are copyrighted materials of Simon Transport or its contractors, with all rights reserved, or by the original creator. Trademarks, service marks, trade names and logos (“Trademarks”) used or displayed on the Site or the Content are registered or unregistered Trademarks of Simon Transport or its contractors. Simon Transport and its contractors own the Site and the Content and retain all intellectual property rights utilized in the Site and the Content. Neither the Site nor any Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Simon Transport. You may not frame or utilize framing techniques to enclose any Trademark or other proprietary information (including images, text, page layout, or form) contained on the Site. You may not utilize any of Simon Transport’s Trademarks as part of a link to the Site or any other website or in any meta tags or any other “hidden text”, without the express written consent of Simon Transport. Any unauthorized use terminates the permission or license granted by Simon Transport.

The Site may be unavailable from time to time for routine or other maintenance, security, or other purposes in Simon Transport’s sole discretion. As with all information you send over the Internet, information that you send to or receive from the Site is subject to interception, misappropriation, and misuse by third parties.

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Public Forum, Submissions and Submission License

The functionality of the Site may include chat areas, message boards, instant messaging, mobile messaging, conversation pages, e-mail functions (send-a-friend emails) and similar opportunities (each a “Public Forum”) for you to submit, provide or to otherwise make available, text, comments, messages, e-mails, photographs, videos and other content (“Submissions”) for display on a Site. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. Simon Transport cannot guarantee the security of any information you disclose through any Public Forum and you make such disclosures at your own risk. Simon Transport does not endorse any opinions, advice, recommendations or other materials posted in any Public Forum and you acknowledge that your use of any Submission posted in a Public Forum is solely at your own risk.

You agree that you will not make any submission (each a “Prohibited Submission”) that (i) is defamatory, abusive, threatening, bigoted, vulgar, violent, obscene, sexually explicit, libelous, defamatory or generally offensive (including “flaming”), (ii) is illegal or encourages illegal activity, (iii) infringes on any proprietary right or right of privacy of any third party or violates any confidentiality obligation, (iv) advertises or offers to sell any products or services or is otherwise commercial in nature, or makes any solicitation or request for contributions or donations, or (v) contains any virus or harmful component or otherwise interferes with the operation, or impairs the functionality, of the Site.

You hereby grant Simon Transport and its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon and otherwise exploit all Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by Simon Transport, you agree not to enforce any such rights as to Simon Transport or its licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

You are and shall remain solely responsible for any Submission that you provide. Without limiting any of its rights in law and equity, Simon Transport reserves the right, in its sole discretion, to refuse to post or communicate any Submission, and to remove any Submission, for any reason including any Submission that it believes to violate these Terms of Use or to be a Prohibited Submission.

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES, REPORTS AND SUBMISSIONS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

SIMON TRANSPORT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF YOUR REQUIREMENTS, ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, DATA ACCURACY, SYSTEM ACCESS, INTEGRATION OR INFORMATIONAL CONTENT, OR OF FREEDOM FROM NON-INFRINGEMENT, ERROR, INTERRUPTION, VIRUS OR OTHER DISABLING ROUTINE.

IN NO EVENT, INCLUDING NEGLIGENCE, SHALL SIMON TRANSPORT OR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER REPRESENTATIVES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, REPORTS OR SUBMISSIONS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES OR LOSS OF BUSINESS, EVEN IF SIMON TRANSPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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Indemnification

You agree to indemnify, defend and hold harmless Simon Transport and any of its directors, managers, officers, employees, agents, contractors and other representatives from all claims, demands, losses, expenses and costs whatsoever (including reasonable attorney’s fees) arising, directly or indirectly, out of your access, use, disclosure, publication, display or distribution of (a) the Site, (b) any of the Content or information (including any information contained in any Submission) you obtain from the Site, (c) any products you purchase or reports made available to you from the Site, (d) any Links or any Advertising, as well as any Submission you provide to the Site and any breach by you of these Terms of Use or related Simon Transport procedures.

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Promotional Communications; Privacy Policy

You agree to receive from Simon Transport and its contractors, faxes or e-mail pertaining to the products and services offered on or through the Site or advertising that Simon Transport determines may be of interest to you. Please see Simon Transport’s Privacy Policy for an explanation of how Simon Transport may collect information from you, how Simon Transport uses such information and your ability to opt-out of receiving promotional communications. The terms and conditions of the Privacy Policy are hereby incorporated by reference into these Terms of Use. Simon Transport may change the Privacy Policy at any time in its sole discretion and any such changes are incorporated into these Terms of Use.

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Links and Advertising

From time to time, the Site may contain hyperlinks (“Links”) to third party websites as well as banner advertising and sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Such Links and Advertising are for your reference only, and Simon Transport neither controls such linked websites or Advertising nor is Simon Transport liable or responsible in any way for their content. Display of such Links or Advertising on the Site does not imply or express any endorsement by Simon Transport of any individuals or entities referred to in the content on such linked websites, or of such Links or Advertising, or any association with their operators and Simon Transport recommends that you review the terms of use and privacy policies of any such linked websites.

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Termination

Notwithstanding any of these terms and conditions, Simon Transport reserves the right, without notice and in its sole discretion, to suspend or terminate your license and ability to access the Site (including, if applicable, your User Code), and to block or prevent you from future access to the Site, including any products or reports available through the Site.

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Miscellaneous

These Terms of Use are governed by Utah law, without regard to its conflicts of laws principles. If a court of competent jurisdiction finds that any provision in any section of these Terms of Use is illegal, unenforceable or invalid in any respect, then such provision will be ineffective to the extent of such finding without affecting the enforceability or validity of the section in which such provision is found, or any other section of these Terms of Use. Unless otherwise stated herein, these Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior statements or agreements, both written and oral. Simon Transport may change the features and functionality of or access to all or any part of the Site or the related services from time to time, with or without notice.