CMC Landstar :: Container Marketing Corp. :: Charleston, SC

                    

 


To assist you in using our Web sites (collectively, the "Web site" or the "Site," as further defined in section 2, below), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a set of Terms of Use and a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms of Use govern use of our Site. The words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to Cargo Management Corporation ("CMC" or "CMC Landstar").

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. We recommend that you print out a copy of these Terms of Use and the Privacy Policy for your records. We reserve the right to revoke your password if in our sole judgment you act in violation of these Terms of Use.

1. Scope of Terms of Use

These Terms of Use govern each Web site that we have linked to these Terms of Use, including
www.cmc-landstar.com, (collectively, the "Web site" or the "Site").

2. Trademarks

Landstar, Landstar System Inc., Landstar Express America, Landstar Logistics, Landstar Gemini, Landstar Inway, Landstar Ligon, Landstar Ranger, Carrier Group, BCO, Landstar.com, LCAPP, LCAPP.com, LandstarBroker.com, LandstarOnline.com, LandstarCompanyStore.com, L.E.A.D.S.., LEADS, "The Road to SUCCESS"., "Power Buying. Buying Power.", and "Solutions in Motion". are registered and common law trademarks of Landstar System, Inc. Other product and company names mentioned in the Site may be the trademarks of their respective owners, and are used via license or under “fair use” principles.

3. Site Contents, Licenses and Idea Submissions.

The entire contents of the Site are protected by copyright. The owner of the copyrights and trademarks is Landstar System, Inc., its affiliates or other third party licensors.

4. Complaints Over Perceived Infringement

We respect intellectual property rights, and will terminate users of password protected areas and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, we will use commercially reasonable efforts to accommodate accepted technical measures used to identify and protect copyrighted works, provided these technical measures do not burden our hardware, software, or administrative systems. If you believe that materials posted on our Web site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. '512) (the “DMCA”) to respond to such concerns:

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

5. Accuracy of Load Information; User Responsibility

The Load Information provided on this Site is posted by independent agents and is not monitored by Landstar for content or accuracy. For that reason, Landstar highly recommends that users accessing or relying upon Load Information directly contact the individual agents who have posted the Load Information in order to obtain final and confirmed information. We advise you not to rely solely upon the postings on this Web site, and you agree to contact the agents to obtain all load details before accepting the load. Landstar expressly disclaims any responsibility for inaccurate or incomplete information contained in the load postings.

6. Other Landstar Contracts

These Terms of Use apply to activities on our Web site. These Terms of Use supplement, but do not replace, any terms or conditions contained in other contracts you have executed with Landstar.

7. Use of the Site

You understand that, except for information, products or services clearly identified as being supplied by Landstar, Landstar does not operate, control or endorse any information, products or services on this Site or on the Internet in any way. Except for Landstar-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with or that are not controlled by Landstar.

You also understand that Landstar cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

8. Code of Conduct

When you visit our Site, you gain access to a range of information and services, including the ability to access Load Information. The following Code of Conduct governs your use of these, or any other interactive areas (collectively, "Interactive Areas"), on our Site:
I agree that I will not upload to, post at, or transmit through the Site:
(i) any materials that restrict or inhibit any other user from using and enjoying the Site;
(ii) any materials that are unlawful, threatening, abusive, defamatory, obscene, offensive, pornographic, profane, or indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable law or regulation;
(iii) any materials that violate or infringe the rights of others, including without limitation rights under copyright, trademark, or patent law; rights of privacy or publicity; or rights under securities or other applicable law; or
(iv) any materials that contain a virus or other harmful or illegal component.
I further agree that I will not:
(i) alter, damage or delete any materials appearing on the Site, or use any automated or other means to “scrape” information from the Site;
(ii) disrupt the normal flow of communication on the Site, such as through "spam" email or by other means;
(iii) claim a relationship with or speak for any business, organization, or person for which I am not authorized to claim such a relationship; or
(iv) violate any operating rule, policy or guideline of my Internet access provider or online service.
We reserve the right to prohibit or restrict conduct within an Interactive Area, and reserve the right to edit, refuse to post, or to remove any content, in whole or in part, which in our sole discretion we believe violates our Code of Conduct, or is otherwise objectionable.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL LANDSTAR BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF LANDSTAR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LANDSTAR'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Links to Other Sites; Information from Other Sites

Landstar makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Landstar web site, please understand that it is independent from Landstar, and that Landstar has no control over the content on that web site. For example, all rates, services and correspondence originating from or available on the landstaragent.com Web site are provided by and are the responsibility of independent Landstar System agents.

In addition, a link to a Landstar web site does not mean that Landstar endorses or accepts any responsibility for the content, or the use, of such web site.

11. Indemnification

You agree to indemnify, defend and hold harmless Landstar, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

12. Third Party Rights

The provisions of these Terms of Use, including paragraphs 8 (Use of the Site), and 12 (Indemnification), are for the benefit of Landstar and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. Modifications

LANDSTAR MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

14. Term; Termination

This Agreement may be terminated by Landstar without notice at any time for any reason. The provisions of paragraphs 2(Trademarks), 3 (Licenses and Idea Submissions), 9 (Limitation of Liability), 11 (Indemnification), 12 (Third Party Rights) and 15 (Miscellaneous) shall survive any termination of this Agreement.

15. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between Landstar and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Florida. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Landstar's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Landstar may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

16. Relationship to Privacy Policy and Other Contracts

These Terms of Use must be read in conjunction with (i) our Privacy Policy, and the provisions of our Privacy Policy are incorporated herein, and (ii) any specific contracts you have entered with Landstar (such contracts are referred to as "Landstar Contracts"). To the extent the terms of any such Landstar Contract conflict with these Terms of Use, the terms of the Landstar Contract will control.

17. Forward-Looking Statements

Some of the information on this site may contain projections or other forward-looking statements regarding future events or the future financial performance of Landstar. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; technological and market change, competition, risks associated with limited protection of intellectual property, and future growth subject to risks.

18. Effective Date

The effective date of these Terms of Use is June 1, 2007.
 

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