Terms of Use

1. Acceptance of the Terms of Use

IMPORTANT! These Terms of Use (the “Terms of Use”) apply to your use of motorcarriersalliance.org (the “Site,” “we,” “us” or “our”). By using the Site, you accept and agree to be bound and abide by these Terms of Use, as well as the Privacy and Cookie Policy available at  http://www.motorcarriersalliance.org/privacy-policy . If you do not want to agree to these Terms of Use or the Privacy and Cookie Policy, you must exit the Site. You cannot use this Site commercially without entering into a written agreement with us.

2. Intellectual Property Rights

  1. Site contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are protected by U.S. and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. Our trademarks, graphics, text, logos, scripts, images, videos and page headers may not be copied, imitated, or used, in whole, partial or modified form, without our prior written permission.
  2. Trademarks that are used or displayed on the Site in connection with the products and services offered are owned by third parties. Such trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site are not affiliated with, connected to, or sponsored by our Site and cannot be copied or used without the owners’ permission.

3. Search Results, Content

  1. Search results and all content is provided through the Site “AS IS,” and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of or reliance on any content made available.
  2. You acknowledge that the Site shall have the right (but no obligation), at its sole discretion, to refuse, modify, delete or move any content, for any reason.

4. Limitation of Liability

  1. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR ITS AFFILIATES IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE, SEARCH RESULTS OR ANY SERVICES OR PRODUCTS FFERED WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
  2. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SITE, CONTENT AND SERVICES.
  3. We do not guarantee that the information provided on the Site is complete, accurate or up-to-date. 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. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, 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 site or any services or items obtained through the site or to your downloading of any material posted on it, or on any site linked to it.
  4. We do not guarantee that your use of the Site will be confidential. We disclaim all liability for any damages resulting from breach of confidentiality with respect to the Site use.

5. Accessing the Site and Account Security

  1. To access the Site or some of the features it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.
  2. You are responsible for making all arrangements necessary for you to have access to the Site.
  3. You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.
  4. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You should use particular caution 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.
  5. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.
  6. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

6. Your Use of the Site

  1. Any personal information users submit to the Site is governed by the Privacy and Cookie Policy available at  http://www.motorcarriersalliance.org/privacy-policy
  2. You agree not to use the Site for any illegal purpose. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to:

a. Print a reasonable number of pages of the Site for a permitted use.

b. Store copies of such materials temporarily in RAM.

c. Store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

d. Impersonate any other person or entity, or use a false name or a name that you are not authorised to use.

e. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

f. Transmit, or procure the sending of, any advertising or promotional material, unsolicited mass communication without our prior written consent.

g. Use any device, software or routine that interferes with the proper working of the Site.

h. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

i. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

j. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

k. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

l. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site.

m. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

n. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

o. Otherwise attempt to interfere with the proper working of the Site.

7. Monitoring and Enforcement; Termination

  1. With respect to any user, we have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:
  2. a. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  3. b. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  4. c. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
  5. d. Block violator’s IP address and/or notify his or her Internet Service Provider
  6. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

8. Linking to the Site

  1. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  2. You must not establish a link from any website that is not owned by you.
  3. You cannot frame our Site on any other site.
  4. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

9. Indemnification

You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site's content, services or goods purchased through the Site.

10. Assignment

You may assign your rights and interests, but not any of the obligations, under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

11. Severability and Non-Waiver

  1. Should any part of these Terms of Use be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
  2. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

12. Governing Law and Jurisdiction

The Site and the Terms will be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its principles of conflict of laws.

13. Arbitration and Waiver of Jury Trial

PARTIES EXPRESSLY WAIVE THEIR RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY. Any dispute, controversy or claim arising out of your use of this website shall, upon the request of any party involved, be submitted to and settled by binding arbitration in Chicago, Illinois pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of this Agreement by the other party.

14. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.

15. Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to:  Contact Us