Coyote Logistics, LLC
Website Terms of Use Agreement
Last revised: 10/31/2011
Welcome to the Internet website of Coyote Logistics, LLC (“Coyote”). Coyote values your interest in its services and appreciates your visit to this website. As used hereinafter, the term “website” includes those websites which are owned and/or operated on behalf of Coyote, including the web pages associated with www.coyote.com, www.coyote.com/bazookamobile, www.coyotelogistics.com and www.coyotelogistics.com/bazookamobile and the web pages associated with the Coyote Bazooka Web portal. These terms and conditions do not apply to any website owned and/or operated by or on behalf of any third party, including but not limited to the recruitment website operated by ADP, even if we provide a hyperlink to such website.
USER ACCESS
Coyote makes this website available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this website, you acknowledge that you, the individual user of this website, have read, understood and agree to be legally bound by these terms and conditions, and to comply with all applicable laws and regulations, without limitation or qualification. By using this website, you further acknowledge that you are older than the age of majority as defined in your jurisdiction and, notwithstanding the foregoing, older than 18 years of age, and that you have the authority and do hereby legally bind the business entity, if any, for which you serve as an agent, independent contractor or employee thereof to the same terms and conditions, without limitation or qualification. As used hereinafter, the terms “you” and “your” shall include and/or reference the individual user of this website and, when applicable, the business entity for which the individual user of this website serves as an agent, independent contractor or employee thereof. These terms and conditions shall take effect immediately on your first use of the website. If you do not agree to these terms and conditions, you are not authorized to access, browse or otherwise use this website.
Coyote, at its sole discretion, reserves the right to alter or change these terms and conditions at any time. Any modifications will become effective when posted on this website. By using this website after any changes in these terms and conditions are made, you agree to be legally bound by the terms and conditions as amended. Therefore, you should revisit this page frequently to determine the present terms to which you are legally bound.
Coyote may terminate your right to use this website without cause at any time and effective immediately. In addition, Coyote may terminate your right to use this website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on this website shall survive such termination, and you agree to be bound by those terms.
BAZOOKA WEB PORTAL
As part of the website, Coyote offers its customers access to its proprietary Bazooka Web portal. The Bazooka Web portal is a novel tool that affords registered users the ability to view and monitor, in real time, certain information pertaining to their accounts, loads, shipments and purchase orders with Coyote. For example, the Bazooka Web portal may offer certain registered Coyote customers the ability to track their load status in real time, post loads into the system as a means of instigating a potential order for shipment, send inquiries to Coyote about their accounts and transactions, and view account status information. Similarly, the Bazooka Web portal may offer certain registered Coyote carriers the ability to view loads assigned to them, bid on available loads that need to be assigned, post trucks and other vehicles that are available to ship unassigned loads, and view account status information. Certain registered warehouses may view and track loads that are moved in and out of their facilities. Finally, certain registered distributors of Coyote’s customers may be able to post purchase orders for loads that they want fulfilled by the respective Coyote customers.
For the avoidance of doubt, all bids, postings and offers made by registered Bazooka Web portal users are merely offers that must be accepted by or through Coyote. In no event shall Coyote be liable to a registered user in the absence of a written confirmation from Coyote concerning the subject matter of the bid, posting and/or offer.
To access the Bazooka Web portal, you must be a registered user and meet any other applicable requirements as required by Coyote from time to time. To the extent you qualify for access to the Bazooka Web portal, you will be assigned a unique user name and a password as part of the registration process. You will be required to use this user name and password each time you access the Bazooka Web portal.
As a registered user of the Bazooka Web portal, you are responsible for maintaining the confidentiality and security of your user name and password, and you shall be responsible for all uses of your username and password. You agree to notify Coyote immediately at Problem@coyote.com of any breach of security, including, without limitation, unauthorized use of your user name and password. You are also responsible for logging off at the end of each Bazooka Web session to enhance your account security. The failure to do so may permit other persons having access to your computer to use your account. If you permit any person to use your user name and password, you shall be liable for all activity made by that person.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF INFORMATION AND CONTENT
All information and content provided on this website, whether explicitly marked or not, is the property of Coyote, its subsidiaries, affiliated companies or joint partners, or others, and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the website.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on this website are owned by Coyote, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
The following is a non-exhaustive list of marks owned by Coyote: BAZOOKA, BAZOOKAWEB, COYOTE, COYOTEWEB, COYOTE LOGISTICS, EXPERIENCE DRIVEN INNOVATION, RUN WITH THE BEST, YOUR SUPPLY CHAIN EXECUTION EXPERTS, and:
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or marks provided on this website in any form or by any means, or by any information storage or retrieval system for any commercial use, without the express written permission of Coyote. You may, however, copy, print or otherwise use the information, content or marks provided on this website provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association by you with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or marks, except as specifically permitted in these terms and conditions or in a written instrument signed by Coyote, is strictly prohibited.
Nothing contained in this website shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Coyote or any third party.
You are not permitted to create a hyperlink to any page or portion of this website or to frame any page or portion of this website without the prior written permission of Coyote.
Any use of the information, content or marks provided on this website that does not comport with the above terms and conditions shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
SUBMISSIONS
We welcome your comments regarding Coyote. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “communications”) sent to Coyote shall be and remain the exclusive property of Coyote. Your submission of any such communications shall constitute an assignment to Coyote of all worldwide rights, titles and interests in all copyright and other intellectual property rights in the communications. Coyote will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
DISCLAIMERS
You use this website at your own risk. All information and content on this website is provided “as is” without any express or implied warranty or representation of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purchase, title or non-infringement.
In no event will COYOTE, its subsidiaries, affiliated companies or joint partners be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or any other hyperlinked website including, without limitation, any lost revenues, lost profits, loss of prospective economic advantage, business interruption, loss of programs or other data on your handling system or otherwise arising out of the use, misuse of or inability to use this website or the information, content, documents or software thereof, even if Coyote, its subsidiaries, affiliated companies or joint partners are advised of the possibility of such damages or for any claim by a third party. Your sole and exclusive remedy is to discontinue using this website.
Without limiting the above disclaimers, Coyote, its subsidiaries, affiliated companies and joint partners: (1) make no warranties or representations whatsoever concerning this website or any other Internet website, the access to, or the availability or use of, this website or any other Internet website, the information and content from whatever source posted on or referred to in this website or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this website or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other Internet website is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Content posted on this website may describe goods and services that may not be available in certain jurisdictions. Inclusion of such content is not a representation or warranty by Coyote that such goods and services will be available to you. Contact a Coyote representative to ensure the availability of such goods and services in your jurisdiction.
This website may use hyperlinks as a convenience to you so that reference material, Coyote-related subject matter and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by Coyote. Hyperlinks and references to other websites, including any Coyote-affiliated entity, do not constitute sponsorship, endorsement or approval by Coyote of the information, content, policies or practices of such linked or referenced websites. Coyote does not accept any responsibility for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.
Coyote has no obligation to update any information or content on this website. Accordingly, Coyote, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the website. Any use of the information or content provided on this website is done so at your own risk.
MISCELLANEOUS
You warrant to Coyote that you will not attempt to gain unauthorized access to any services offered by Coyote or computer systems or networks connected to any Coyote server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Coyote. When using the website, you agree not to pretend to be someone else or to assume their identity.
You agree to defend, indemnify, save and hold harmless Coyote, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this website, including any violation or alleged violation of the terms and conditions of this Terms of Use Agreement.
Coyote controls its website (excluding linked sites) from its headquarters in Chicago, Illinois, United States of America and makes no representation that any content contained in this website is appropriate or available for use in other locations. Accessing this website in locations in which the use of such content is illegal is prohibited. By accessing this website, you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this website and that if you use this website from any other location you are responsible for compliance with applicable local laws. Any claim relating to this website shall be litigated in the state or federal courts in Chicago, Illinois, and you hereby consent to the exclusive jurisdiction and venue of those courts. If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. Any waiver of any term or condition of this agreement shall be effective only if in writing signed by the duly authorized representatives of Coyote. Any failure or delay by Coyote in enforcing any of these terms or conditions shall not in any way affect, limit, or waive Coyote’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this agreement. Neither your use of the website nor this agreement creates an agency, partnership, joint venture or employer-employee relationship with Coyote. Absent a written agreement concerning the provision of goods or services by Coyote, this agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings agreements, discussions, negotiations, and representations, oral or written, between the parties with respect to the subject matter hereof and can only be modified in writing signed by Coyote.
By using this website, you further agree that you will not use this website or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these terms and conditions.
When applicable, you further agree, as a condition of using this site, to ensure that all your agents, employees and independent contractors adhere to these terms and conditions.
© 2011 Coyote Logistics, LLC. All rights reserved.