TERMS AND CONDITIONS OF USE
RJW DISPUTE NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH RJW WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS‐ACTION LAWSUIT OR CLASS‐WIDE ARBITRATION.
You should review this Agreement each time you access the Website. RJW reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time. Such modifications shall be effective immediately upon posting. By continuing to access the Website, you acknowledge that you will be bound by the Agreement. If you do not agree with this Agreement, do not use the Website.
1. Privacy and Security
If you choose to submit your personal information to RJW, you acknowledge that you are doing so voluntary and there is no absolute guarantee of security.
In the event of an interception or unauthorized access despite our efforts, RJW shall not be responsible for such interceptions or unauthorized access. You are responsible for the security of your own account.
2. RJW Accounts
The RJW Website and related services are not directed to residents of the EU and is not intended for use in any country where it would violate local law or would subject RJW to any regulations in another country.
3. Permitted Use
Our Website is protected by intellectual property laws, including, but not limited to, U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website is the property of RJW and its content providers, and RJW and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non‐exclusive, non‐sub‐licensable, non‐assignable, non‐transferable, and revocable license to use our Website and related materials solely for your own personal non‐commercial use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance, or display of our Website or any portion of our Website is prohibited. Use of any of our trademarks in any way, including but not limited to use as meta‐tags on any other website, is strictly prohibited. You may not display our Website or portions thereof in things (e.g., framing, scraping, etc.) without our express advance written permission. You agree to cooperate with us to cause all unauthorized co‐branding, framing, scraping, or linking to immediately cease.
4. Restrictions on Your Conduct
You may not engage in the following activities on the Website:
- use the Website for any fraudulent, harassing or offensive or illegal purpose;
- violate, misappropriate, or infringe the rights of RJW, including intellectual property, or other proprietary rights;
- upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt the Website, or harm or corrupt our or anyone else’s computer systems, or data; and
- impersonate another person or attempt to collect or gather other people’s personal information (including account information).
We have the sole right to delete an account that violates these rules or that we believe to be inappropriate for any reason. We may investigate occurrences that we believe may involve improper activity and cooperate with law enforcement authorities in prosecuting any violations of law.
5. Third Party Links and Materials on the Website
Our Website may be linked to other sites on the Internet that are not under the control of or maintained by RJW. Such links do not constitute an affiliation with or endorsement by RJW of any such sites. You acknowledge that RJW is providing these links to you solely as a convenience to you, and you agree that RJW is not responsible for the content or links displayed on such sites to which you may be linked. RJW does not endorse or make any representations about these websites, or any content found thereon. If you access any of the third party websites linked on our Website, you do so at your own risk.
Our Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. If you use any of the third party materials, you do so at your own risk. In no event shall RJW be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
6. Accounts; Passwords; Security
You may not use someone else’s RJW account without permission. When you are setting up your RJW account, you must provide accurate and complete information. This means that you cannot set up an RJW account using someone else’s name or contact information, or make up a name or contact information.
You have complete responsibility for your RJW account and everything that happens on your RJW account. This means you need to be careful with your password. If you find out that someone is using your RJW account without your permission, let us know immediately. You may not transfer your RJW account to someone else. We are not liable for any damages or losses caused by someone using your RJW account without your permission. If we (or anyone else) suffer any damage due to the unauthorized use of your RJW account, you may be liable.
In the event of an interception or unauthorized access despite our efforts, RJW will not be responsible for such interceptions or unauthorized access. You are responsible for the security of your own RJW account.
Any contractual agreements between you and RJW may be documented through a separate written agreement between you and RJW, although the process may be initiated by submitting information through the Website. Services provided which do not fall under a separate written agreement shall be subject to this Agreement. RJW’s receipt of any transaction requesting information does not signify acceptance of any offer regarding the terms of such transaction. RJW reserves the right, at any time and in its sole discretion, to change any of the product or service descriptions listed on the Website, including prices for such products and services.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. RJW DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‐INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. RJW MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE WEBSITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE THE WEBSITE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL RJW (INCLUDING ANY OF ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, CONTRACTORS, SUCCESSORS, OR ASSIGNEES AND THIRD‐PARTY SERVICE PROVIDERS, BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, HEIRS OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, EVEN IF RJW OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF $100.
THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF RJW WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless RJW, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third‐party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Website; (b) your breach of this Agreement; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with timely notice of any such claim, suit or proceeding.
11. Arbitration, Class‐Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Waiver of Jury Trial. RJW AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. RJW and you agree not to combine a dispute that is subject to arbitration under this Agreement with a dispute that is not eligible for arbitration under this Agreement.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.
Required Use of AAA. You agree that the arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer‐Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a dispute, and a description of the arbitration process are available at http://www.adr.org. The arbitrator will decide whether a dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
Opt‐Out Procedure. You may opt out of this Agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms and Conditions of Use; and (ii) the date you became subject to this arbitration provision. You must use this address to opt‐out:
You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our agreement to arbitrate.
Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your dispute is related to intellectual property rights, or if the arbitration agreement is found to be unenforceable, you and RJW agree and consent that such disputes will be resolved in the federal or state courts in the State of Illinois and that agree to submit to personal jurisdiction and venue of the federal and state courts located in the Northern District of Illinois.
Time Limit to Start Arbitration. We and you agree that for any dispute (except intellectual property disputes) must commence an arbitration proceeding within one year after the dispute first arose; otherwise, such dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the dispute first arose, the arbitration will be dismissed as untimely.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with RJW.
12. Availability and termination of RJW’s Website
The Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services at any time and events beyond our control may affect our services.
We may modify, suspend, or terminate your access to or use of the Website anytime for any reason, such as if you violate our Agreement or create harm, risk, or possible legal exposure for us, our users, or others.
At any time and at RJW’s sole discretion, we may add, delete, or modify this Agreement or the Website. We will provide you notice of amendments to this Agreement, as appropriate by amending the “Last Modified” date at the top of this Agreement. Amendments to the Agreement will automatically take effect upon the date that an update is published. Your continued use of RJW’s Website indicates you have read, understood, and agreed to the then current version of our Agreement, as amended. If you do not agree to our Agreement, as amended, you must stop using the Website. Please review our Agreement from time to time. All changes to the Agreement shall be effective immediately.
Our failure or delay 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. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you, but may be assigned by us without restriction.
No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If you have any questions about this Agreement, please Contact us using the details set out below. Although RJW will in most circumstances be able to receive your e‐mail or other information provided, RJW does not guarantee that it will receive all such e‐mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e‐mail or other information.
Our full details are:
Full name of legal entity: RJW Logistics Group
Email Address: email@example.com
Postal Address: 11240 Katherine’s Crossing, Suite 400, Woodbridge, IL 60517