Terms-Conditions – River City Logistics

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY PART OF THIS SITE!

River City Logistics, Inc. (“RCL”, “we”, “us”, or “our”) welcomes you to our website! These Terms and Conditions of Use (the “Terms of Use”) govern your access to and use of our website [www.rclogistics.com] and any related services, contents, features, and/or materials that are accessible on or from our website (collectively, the “Site”).

These Terms of Use, together with RCL’s Privacy Policy[A1] (collectively, the “Terms”), constitute a legally binding agreement made between the users of this Site, whether personally or on behalf of an entity (“you” or “your”), and River City Logistics, Inc. “Users” shall mean any individual who accesses or uses the Site in any manner, including casual or unregistered visitors who browse the Site without creating an account or otherwise interacting with our Services.

BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ACKNOWLEDGE YOUR CAREFUL REVIEW AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY CEASE YOUR USE OF THIS SITE BY CLOSING OUT THIS BROWSER WINDOW AND ALL WINDOWS ASSOCIATED WITH THE SITE.

1. Your Use of Our Site
You agree your access to this Site shall be solely for obtaining information and/or services and that you shall not use or otherwise access this Site to directly compete with or gain competitive advantage over RCL. You shall not disrupt or otherwise interfere with the normal operation of the Site, including without limitation posting or transmitting files that contain viruses, worms, Trojan horses, or any other contaminating or destructive features, or material that is harmful, offensive, threatening, abusive or hateful. You shall not access or use the Site in any manner that violates international, state or federal law.

You shall not use any robot, spider, scripting program, “page-scrape” or other automatic or manual device, program, algorithm or methodology to access, monitor, upload, download, “scrape,” or otherwise copy any portion of the Site without the express prior written consent of RCL. You shall not reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any content of any portion of the Site.

You agree that violation of these Terms of Use constitutes an unlawful and unfair business practice causing irreparable harm to RCL for which monetary damages would be inadequate, thus subjecting you to injunctive or equitable relief in addition to any other remedies available at law.

RCL cannot and does not represent or warrant that the files available for downloading through the Site will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive ties. You assume all risk and responsibility for your use of the Site and the Internet.

2. User Data and Our Privacy Policy
Your use of this Site is subject to our Privacy Policy, which is incorporated herein by reference, and you acknowledge and agree that we may collect, store, and process information about you in accordance with our Privacy Policy. Please review our Privacy Policy regarding your privacy and how we collect, use, disclose, and store your personal data.

3. Electronic Communications
By using this Site, you are consenting to receive communications from RCL electronically with respect to your use of this Site and its contents[A2] , and you are agreeing that RCL may communicate with you with respect to your use of this Site and its contents by posting notices on the Site, and by other means of communication, including but not limited to electronic mail (“email”). You specifically authorize RCL to contact you via email in the event RCL is required by law to notify you of a data security incident or data breach.

4. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property laws and international copyright laws, and international conventions.

You may access and use the Site and its Content only for lawful purposes related to your interactions with RCL and in accordance with these Terms. Except as expressly permitted, you may not copy, distribute, modify, or otherwise exploit any Content for commercial purposes unrelated to your dealings with RCL.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo displayed on the site without the owner’s prior written permission.

If you believe that any content on this Site infringes your intellectual property rights, please contact us promptly at info@rclogistics.com providing all relevant information regarding the alleged infringement.

5. Disclaimer of Warranty; Limitation of Liability; Indemnification; and Third-Party Links.

a) Disclaimer of Warranty. The materials, information, services, and content on this Site are provided “as is” and to the maximum extent permitted by law, RCL and its officers, directors, employees, agents, representatives, subcontractors and suppliers hereby disclaim (i) all warranties, express or implied, including without limitation implied warranties of non-infringement, merchantability, fitness for a particular purpose, and any warranties that the site’s content, functions, operation or availability will be uninterrupted or error-free, that defects will be corrected, or that the site or the systems that make them available will be free of viruses or other harmful components; (ii) all warranties as to the accuracy, reliability or completeness of the information contained on the Site; and (iii) any liability for errors, inaccuracies or omissions in the information contained on this site, and for any downtime experienced on the Site.

b) Limitation of Liability. To the maximum extent permitted by law, RCL and its officers, directors, employees, agents, representatives, subcontractors and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party, whether in contract, tort, strict liability, or otherwise, arising from or in any way connected with (i) your access to or use of, or inability to access or use, this Site; (ii) any errors, omissions, or inaccuracies in the content, materials, or services provided on this Site; (iii) any unauthorized access to or alteration of your transmissions or data; (iv) any statements, conduct, or content of any third parties on this Site; or (v) any other matter relating to this Site.

Some jurisdictions do not allow do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages. As a result, some of the above limitations may not apply to you. In such cases, RCL’s liability shall be limited to the maximum extent permitted by law.

c) Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RCL, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE, THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, THE USE OF THE SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THESE TERMS. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY RCL AND THE INDEMNIFIED PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE.

ADVICE AND INFORMATION PROVIDED BY RCL, ANY RCL AFFILIATE, OR THEIR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATIONS OF CERTAIN LIABILITIES MAY BE PROHIBITED BY CERTAIN LEGISLATION AND LAWS IN SOME JURISDICTIONS AND THUS MAY NOT APPLY TO YOU.

d) Disclaimer and Links to Third-Party Websites and Content. This website may contain links to third-party websites, services, or content not owned or controlled by RCL. These links are provided for convenience only, and we do not endorse, guarantee, or assume responsibility for any content, products, services, or practices of these third-party websites.

You acknowledge and agree that RCL is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any third-party content, goods, or services. Accessing third-party websites via links from this Site is done entirely at your own risk and is subject to the terms and conditions of use for such websites.

6. Governing Law; Dispute Resolution; Waiver of Jury Trial and Class Actions.

a) Governing Law and Statute of Limitations Waiver. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms of Use or your use of the Site shall be brought exclusively in the state or federal courts located within Dubuque County, Iowa, and you hereby consent to the personal jurisdiction and venue of such courts.

To the fullest extent permitted by applicable law, you agree that any cause of action or claim you may have arising out of or relating to these Terms of Use or your use of the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim shall be permanently barred. This limitation period applies regardless of any statute or law to the contrary and shall survive any termination or expiration of these Terms of Use or your access to the Site.

b) Informal Resolution. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or RCL (each a “Party” and collectively, the “Parties”), the Party must first send to the other Party a written notice of dispute (the “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, the Parties may attempt to resolve the claim or dispute informally. If the Parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either Party may begin an arbitration proceeding as provided below.

c) Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Dubuque County, Iowa. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dubuque County, Iowa, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

d) Class Action Waiver. By using the service and thereby agreeing to these Terms of Use, you and RCL acknowledge and agree to irrevocably and unconditionally waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any legal action, proceeding, cause of action or counterclaim on a class or consolidated basis or in a representative capacity.

e) Jury Trial Waiver. By using the service and thereby agreeing to these Terms of Use, you and RCL acknowledge and agree to irrevocably and unconditionally waive, to the fullest extent allowed by law, any right to a trial by jury in any legal action, proceeding, cause of action or counterclaim.

7. Waiver; Severability
These Terms of Use, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and RCL regarding the Site and supersede all prior or contemporaneous communications, agreements, and proposals related to the Site. No provision of these Terms shall be waived except through a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use are held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without express prior written consent by RCL. We will not be responsible for failing to fulfill any obligation due to causes beyond our control.

8. Site Management and Changes to these Terms of Use.
RCL reserves the right, in its sole discretion, to modify, suspend, or terminate the operation of the Site, in whole or in part, at any time, with or without notice, and for any reason whatsoever. RCL shall not be liable to you or to any third party for any such modification, suspension, or termination.

RCL further reserves the right, at any time and in its sole discretion, to modify, amend, supplement, or otherwise revise these Terms of Use, or to impose new or additional terms and conditions (collectively, the “Revised Terms”). Unless otherwise expressly stated, such Revised Terms shall become effective immediately upon their posting on the Site[A3] .

You acknowledge and agree that it is your responsibility to review the Terms of Use periodically to remain informed of any modifications. Your continued access to or use of the Site following the posting of any Revised Terms shall constitute your full and binding acceptance of such Revised Terms. If you do not agree to the Revised Terms, your sole and exclusive remedy is to immediately discontinue all access to and use of the Site.

9. California Consumer Notice
If you are a resident of California, and any complaint with RCL is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for further assistance by mail at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

10. Contact Us
If you have any questions or comments about this Terms of Use, please do not hesitate to contact us at:

River City Logistics, Inc.
131 W 10th Street, Dubuque, IA 52001
1 (800) 853-8418
info@rclogistics.com
https://www.rclogistics.com