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.
RJW Online Services are intended for use in connection with business and transactions occurring within the United States 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. If you elect to access RJW Online Services from outside of the United States, such access is at your own discretion and risk.
RJW Online Services are protected by intellectual property laws, including, but not limited to, U.S. copyright laws. You expressly acknowledge and agree that the content accessible within RJW Online Services 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, non‐exclusive, non‐sub‐licensable, non‐assignable, non‐transferable, and revocable license to use RJW Online Services and related materials solely for your own internal use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material made available through RJW Online Services, electronic reproduction, adaptation, distribution, performance, or display of RJW Online Services or any portion of RJW Online Services is prohibited. Use of any of RJW’s trademarks in any way, including but not limited to use as meta‐tags on any other website, is strictly prohibited. You may not display RJW Online Services or portions thereof in any capacity or forum (e.g., framing, scraping, etc.) without RJW’s express advance written permission. You agree to cooperate with RJW to cause all unauthorized co‐branding, framing, scraping, or linking to immediately cease.
You may not engage in the following activities on or related to RJW Online Services:
RJW has the sole right to delete an account that violates these rules or that RJW believes to be inappropriate for any reason. RJW may investigate occurrences that RJW believes may involve improper activity and cooperate with law enforcement authorities in prosecuting any violations of law.
RJW Online Services 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 RJW Online Services, you do so at your own risk.
RJW Online Services 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.
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 (including without limitation, the security of your account) and everything that happens on your RJW account. This means you need to be careful with your account credentials. If you find out that someone is using your RJW account without your permission, you agree to notify RJW immediately. You may not transfer your RJW account to any other person or entity without RJW’s prior written consent. RJW is not liable for any damages or losses caused by someone using your RJW account without your permission. If RJW or a third party suffers 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.
RJW may provide services to you under a separate written agreement between you and RJW. Services provided by RJW 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 and for features of RJW Online Services.
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF RJW ONLINE SERVICES IS AT YOUR SOLE RISK. RJW ONLINE SERVICES ARE 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 RJW ONLINE SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‐INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND 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 RJW ONLINE SERVICES IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT RJW ONLINE SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE RJW ONLINE SERVICES. YOUR SOLE REMEDY AGAINST RJW FOR ERRORS IN OR DISSATISFACTION WITH RJW ONLINE SERVICES IS TO STOP USING RJW ONLINE SERVICES, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. RJW IS NOT RESPONSIBLE FOR AND NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF ITS 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.
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 RJW ONLINE SERVICES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH RJW ONLINE SERVICES, 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) RJW ONLINE SERVICES; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH RJW ONLINE SERVICES, 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 OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF RJW ONLINE SERVICES, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION, SERVICE, OR SIMILAR FEES WITH RESPECT TO RJW ONLINE SERVICES PAID BY YOU IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST RJW, or (2) $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 RJW Online Services; (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.
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 RJW 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.
You may opt out of this Agreement to arbitrate. If you do so, neither RJW nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify RJW in writing postmarked within 30 days of the later of: (i) the date that you first accepted this 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.
You and RJW 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 you or RJW 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.
RJW Online Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. RJW may discontinue some or all of RJW Online Services at any time and events beyond RJW’s control may affect such services.
RJW may in its sole discretion modify, suspend, or terminate your access to or use of RJW Online Services anytime for any reason, including without limitation your violating the Agreement or creating harm, risk, or possible legal exposure for RJW, its users, or other third parties.
You agree that all matters relating to your access to or use of RJW Online Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflict of laws provisions.
At any time and at RJW’s sole discretion, RJW may add, delete, or modify this Agreement or RJW Online Services. RJW 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 access to or use of RJW Online Services 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 all RJW Online Services.
RJW’s 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. RJW may assign its rights and duties under this Agreement to any party at any time without restriction and without notice to you. You may not transfer or assign your rights or duties under this Agreement to any other party.
No action arising out of this Agreement or your access to or use of RJW Online Services, 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 RJW 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.
RJW’s contact information:
Full name of legal entities: RJW Transport, LLC; RJW Warehouse, LLC; and RJW Logistics, LLC
Email Address: email@example.com
Postal Address: 11240 Katherine’s Crossing, Suite 400, Woodbridge, IL 60517