Somos Krriers @956 Ofrecemos servicios de transporte y flete de vehículos.
Atlanta, Orlando, Charlotte, Carolina del Norte, Austin, Dallas, Houston, Nashville, Nueva Orleans, Charleston
Atlanta, Orlando, Charlotte, Carolina del Norte, Austin, Dallas, Houston, Nashville, Nueva Orleans, Charleston
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Krriers 956, LLC, Terms of Service, Privacy Policy, and Copyright Policy
TERMS OF SERVICE
Welcome to Krriers. www.Krriers.com is a website, an application and/or web-based software platform, including Features and Account(s) (as defined below) (collectively, the “Website”) owned and operated by v. d/b/a Krriers, a corporation organized and existing under the laws of the TEXAS, and/or Krriers 956, LLC., and/or Krriers 956, LLC. d/b/a www.Krriers.com, Krriers 956 LLC..’s licensors, or any combination of the foregoing (collectively, “Krriers” and/or the “Company”).
PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO YOU, AS SET FORTH HEREINBELOW. THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN KRRIERS AND YOU (“YOU” OR “USER”). YOUR CONTINUED USE OF THE WEBSITE FOLLOWING ANY CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THIS AGREEMENT AND/OR THE PRIVACY POLICY AND/OR THE COPYRIGHT POLICY, THEN YOU MAY NOT USE THE WEBSITE AND SHALL DISCONTINUE DOING SO IMMEDIATELY. YOU ARE HEREBY, AFTER USAGE OF SAID WEBSITE, ENTERING INTO AND AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE OR WISH TO BE BOUND BY THIS AGREEMENT, DISCONTINUE YOUR USAGE OF THE WEBSITE AND/OR TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS HEREIN.
I. INTELLECTUAL PROPERTY
The Website and its content, including, but not limited to, the web-based functionalities commonly referred to as Loads, Trips, Docs, Numbers, Reports, Settings, CRM, Carrier Database, MarketPlace, Orders, Jobs, Driver App, Bol, Invoice, and/or Alerts, and all functionality related incidentally and/or indirectly thereto, (including those web services for which we may specifically provide a separate customer agreement) and any derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Features”). All intellectual property rights to the same are owned by Krriers. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on the Website are owned by Krriers, Krriers’s licensors, or both. Except for the limited use rights granted to you in these Terms, intellectual property of expressly reserved.
II. USERS
A. “User” shall mean any individual and/or entity who completes the registration to become a Registered User as set forth hereinbelow, who downloads, installs, views, accesses, and/or uses the Website in any manner, whatsoever, including, but not limited to any and all agents of any entity registered on the Website, and other individuals as the context may require. User may be referred to herein as “You.”
B. If you are under the age of 13 years old, then you are not permitted to register as a User or otherwise submit personal information to the Website. Krriers will not knowingly collect any personally identifiable information from children under the age of 13, nor will children under the age of 13 be allowed to register as a User. The Website is not intended for children under the age of 13. Krriers will not knowingly register or otherwise collect personal information from persons who identify themselves as being under the age of 13 during the registration process, without the prior consent of such child’s parent or guardian.
C. To become a Registered User, you shall:
1. Provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password, and input identifying information, such as your functioning phone number, email, company and/or billing information, and possibly credit/debit card information, which may permit you access to certain areas of the Website not available to non-registered users (an “Account”). You may be charged a subscription fee in exchange for access to a certain type of Account in accordance with Paragraph D, below. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately at contact@Krriers.com of any breach of security or unauthorized use of your Account.
D. The Services. Registered Users may through an Account have the opportunity to access various services and/or functionalities designed to assist registered Users in the management of their fleets(s), loads, inventories, customers, invoices, trips, estimates, and related things (collectively, the “Services”), which Services shall vary in accordance with the type of Account the User is registered for in accordance with the tiers of Services set forth in the subparagraphs 1-4, below. Each tier of Services and the level of access to individual Features associated therewith shall be referred to as a “Package.” Each Package shall be available – unless otherwise expressly exempted–in exchange for a subscription fee due to Krriers on a monthly or other basis. The subscription fee charged by Krriers for each Package shall conform to that price in United States Dollars to be presented to the User at the point of sale. Krriers reserves the right to modify the pricing for any and all Packages without notice to User(s).
Krriers expressly reserves the right to change, alter, minimize, eliminate and/or modify in any other way and of the Features, Services, and/or Package(s) without notice; this includes adjusting the monthly subscription fee(s) and or access to individual Features and/or Services.
1. Starter. Registered Users electing the Shotgun Package may have access to limited Features and/or Services allowing them to supervise one truck, fifty (50) Loads per month, one hundred (100) customers, a transaction history spanning two (2) calendar years, limited file storage, and may have unlimited access to the other Services unless otherwise determined or curtailed by Krriers in its sole discretion. This Package excludes expense tracking. Registered User shall indemnify, reimburse and hold Krriers harmless for any and all liability arising from the provision of email notifications to the extent permitted by law and in accordance with Sections X-XII below. Any or all of the Services available to User through this type of Account may be subject to change, amendment, or removal, without notice to User, at the sole discretion of Krriers.
2. OWNER-OPERATOR. Access to this Package is provided n exchange for a monthly subscription fee to be presented to the User at the point of sale.
Registered Users electing the Owner-Operator Package may have access to unlimited Features and/or Services, including expense tracking with the following qualifications: they may supervise one or two trucks, unlimited Loads per month, an unlimited number of customers, a transaction history spanning three (3) calendar years, limited file storage, and may have unlimited access to the other Services, unless otherwise determined or curtailed by Krriers in its sole discretion. Registered User shall indemnify, reimburse and hold Krriers harmless for any and all liability arising from the provision of email notifications to the extent permitted by law and in accordance with Sections X-XII below. Any or all of the Services available to User through this type of Account may be subject to change, amendment, or removal, without notice to User, at the sole discretion of Krriers.
3. SMALL FLEET. Access to this Package is provided n exchange for a monthly subscription fee to be presented to the User at the point of sale.
Registered Users electing the Owner-Operator Package may have access to unlimited Features and/or Services, including expense tracking with the following qualifications: they may supervise three to five trucks, unlimited Loads per month, an unlimited number of customers, an unlimited transaction history, unlimited file storage, and may have unlimited access to the other Services unless otherwise determined or curtailed by Krriers in its sole discretion. Registered User shall indemnify, reimburse and hold Krriers harmless for any and all liability arising from the provision of email notifications to the extent permitted by law and in accordance with Sections X-XII below. Any or all of the Services available to User through this type of Account may be subject to change, amendment, or removal, without notice to User, at the sole discretion of Krriers
4. Subscription Fees. User shall pay to Krriers the amount relating to the type of Package for which the User wishes to register as part of the registration of the Package and prior to commencement of the Services unless User has commenced access to the Services via free trial or other promotional offer as per the terms thereof. Krriers SHALL NOT BE REQUIRED TO PROVIDE A REFUND TO ANY USER FOR ANY REASON UNLESS IT DECIDES TO DO SO IN ITS SOLE DISCRETION.
a. The online processing of subscription payments and all other fees on the Website may be handled by a third-party other than Krriers, may be billed directly to the User, or may be billed in some other manner. Said third-party payment processor may have its own terms of service or other agreements with which you must agree before submitting any payment online. By accepting these Terms, you specifically agree that the processing of payments is handled by a third-party other than Krriers and is subject to the Indemnifications reflected in Sections X-XII, below.
b. Krriers is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, fraud, retrieval fees, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transactions or fees associated with those transactions. When appropriate, these fees may be passed on to the Users.
c. Automatic billing. Registered shall pay their fees for the Package(s) pursuant to an automatic recurring billing system which will automatically deduct from their checking and/or credit card account the amount of the appropriate fees at given intervals. Fees shall be deducted pursuant to an authorization presented to the User at the time that the User enrolls in the Services or at some time thereafter. Notwithstanding, if automatic billing is elected by the User, then Krriers shall continue to deduct the appropriate amount until the User either terminate the account or properly terminates the agreement to enroll in automatic billing pursuant to the terms of the authorization or by forwarding a written request to do so to contact@Krriers.com, with the subject line “CANCEL AUTOMATIC BILLING.” Krriers SHALL NOT BE REQUIRED TO PROVIDE A REFUND TO ANY USER FOR ANY REASON UNLESS IT DECIDES TO DO SO IN ITS SOLE DISCRETION.
III. Integrated Payments In order to use the ACH payment functionality of Krriers application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at Contact Us, Support Email
IV. MARKETPLACE
A. Through the Website, you may be able to access a certain portion of the Website where Users may post job requests for certain services (“Posting(s)”) from sellers services including, but not limited to, driving/delivery services of Loads and/or other services related to motor vehicle shipping. Such users shall be referred to as “Buyers.” Users bidding on Postings and providing or prospectively providing services pursuant thereto shall be referred to as “Sellers.” This segment of the Website shall be referred to as the “Marketplace.
B. In order for Buyers and Sellers to access and/or use some features of the Website, a Buyer or Seller must become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user, a Buyer, Seller, or otherwise submit personal information to this Website.
C. Marketplace Account. To access the Marketplace, you shall create an Account, which Account shall be governed in accordance with this Agreement.
D. Postings. Buyers may through the Marketplace create and publicly post Posting(s) seeking services. A Buyer through Buyer’s Account may issue in response to a bid in response to a Posting. Each such Bid shall consist of the Seller’s offer to perform the services requested in the Posting.
E. Acceptance/Rejection of Bids. Upon receipt of the Seller’s bid, the Buyer may either accept the bid or reject the bid. If the Buyer accepts Buyer’s bid, then the sale shall be deemed to have occurred. If the User rejects Seller’s bid, then the bid shall be discharged and no sale shall be deemed to have occurred. Seller may revoke a bid prior to its acceptance by the Seller, and the bid shall be deemed automatically rejected if Buyer accepts a competing bid or if Buyer affirmatively rejects same.
F. Krriers’s Fee. Payment Processing. Krriers shall be entitled to receive a fee–which may be a flat fee, a fee calculated based on miles, a predetermined percentage of the gross amount of any bid advanced by Seller to any Buyer which the Buyer accepts, or a fee calculated by any other method as agreed by User (the “Fee”). The Fee shall be presented to the User at the point of the activation of the Marketplace Account or at any time thereafter and shall be calculated according to the terms presented therein. The Fee shall be distributed to Krriers automatically by the third party payment processor at the time that the User completes the checkout relating to the accepted Bid, may be billed directly to the User or may be billed in some other manner. UPON THE COMPLETION OF THE CHECKOUT, THE SELLER SHALL BE UNDER THE OBLIGATION TO SATISFY THE FEE, AND NOTHING SHALL RELIEVE THE SELLER OF THE DUTY TO DO SO, INCLUDING ANY ATTEMPTED CANCELLATION OF THE TRANSACTION BY ANY USER. FURTHERMORE, KRRIERS SHALL BE UNDER NO OBLIGATION TO PROVIDE A REFUND OF THE FEE TO ANY SELLER FOR SERVICES RENDERED FOR ANY REASON.
1. Third-Party Payment Processing. The processing of payments made on the Website may be handled by a third - party, including, but not limited to Stripe, Inc., other than Krriers, which may be billed directly to the User or may be billed in some other manner. Said third-party payment processor may have its own terms of service or other agreements with which you must agree before making payment online and/or may be agreeing to tacitly by making and/or receiving payment online. By accepting these Terms, you specifically agree that the processing of payments is handled by a third-party other than Krriers and is subject to the Indemnifications and Limitation of Liability reflected in Sections X-XII, below.
2. Krriers is not responsible for loss incurred as result of non-sufficient funds, returned checks, chargebacks, claims, reversals, fraud, retrieval fees, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transactions or fees associated with those transactions. When appropriate, these fees may be passed on to Users.
G. SELLER’S WARRANTIES AND INDEMNIFICATION.
1. Seller shall, at its sole cost, secure and maintain all necessary licenses, permits, authorizations, or other approvals necessary for its performance hereunder, and shall comply with all applicable laws (both existing or subsequently promulgated), rules, and regulations pertaining to the performance of the services. It is solely Seller's responsibility to maintain current with any and all applicable laws in any jurisdiction, territories, and/or nation where Seller intends to sell Seller's services and Krriers assumes no responsibility for same.
2. Seller warrants that (i) Seller is fit to perform competently any services for which it bids on the Marketplace; (ii) Seller has obtained any and all permits, registrations, licenses and/or anything similar which may be required to perform the services; (iii) for any products sold on the Website are merchantable, free of defects, meet or exceed Product specifications and are free and clear of restrictions on or conditions to transfer or assignment and are free and clear of any mortgages, liens, pledges, charges, encumbrances, or claims; (iv) the Products will be designed, manufactured, distributed and transported in strict compliance with all applicable federal, state and local laws, ordinances, regulations and rules, and any applicable industry standards, codes or procedures; (v) the Products, Seller’s marks, and any associated materials provided by Seller will not infringe any patent, copyright trademark or intellectual property or other rights of any person, firm or entity; and (vi) the Products shall be sold, distributed and transported with all adequate warnings, materials, data sheets, labels and Product literature or documentation. Seller shall promptly respond to and be solely responsible for any complaint, defect or non-conformity, and shall immediately remedy all non-conformities, defects, or User complaints as soon as practicable. All liability for the services or products shall be Seller’s.
3. TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER SHALL DEFEND, INDEMNIFY AND HOLD KRRIERS (ITS OFFICERS, AGENTS, AFFILIATES, EMPLOYEES, SUBSIDIARIES, SUCCESSORS AND PREDECESSORS) HARMLESS FROM ANY AND ALL CLAIMS BY THIRD PARTIES OR USERS, AND ALL CLAIMS, SUITS, DEMANDS, SUBROGATION CLAIMS BY SELLER’S INSURERS, CAUSES OF ACTION, CONTROVERSY, LIABILITIES, FINES, REGULATORY ACTIONS, SEIZURES OF PRODUCTS, LOSSES, COSTS, EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES, EXPERT WITNESS EXPENSES AND LITIGATION EXPENSES) (“CLAIM”), ARISING FROM OR IN CONNECTION WITH ANY CLAIM ASSERTED AGAINST KRRIERS FOR ANY DAMAGE, PRODUCT DEFECTS OR NON-CONFORMITIES, ENVIRONMENTAL LIABILITY, INJURY, PERSONAL INJURY, DEATH, LOSS, PROPERTY DAMAGE, DIMINUTION IN VALUE, DELAY OR FAILURE IN DELIVERY OF PRODUCTS OR ANY OTHER CLAIM, WHETHER IN TORT, STRICT TORT, WARRANTY, CONTRACT, BY STATUTE OR OTHERWISE, RELATING TO THESE TERMS OR THE BREACH THEREOF, THE BUSINESS RELATIONSHIP BETWEEN THE PARTIES, THE PRODUCTS PROVIDED HEREUNDER, OR OTHERWISE. UPON WRITTEN DEMAND FOR INDEMNIFICATION HEREUNDER, SELLER WILL, WITHIN THIRTY (30) DAYS OF SAID DEMAND, SELECT COUNSEL ACCEPTABLE TO KRRIERS AND SHALL DEFEND, INDEMNIFY AND HOLD KRRIERS HARMLESS FROM AND AGAINST ANY CLAIMS PURSUANT TO THIS SECTION.
H. USERS’ AGREEMENT NOT TO CIRCUMVENT KRRIERS
a. Confidential Information.
“Confidential Information” means information, not generally known, and proprietary to Krriers, including, without limitation, information concerning any patents or trade secrets, confidential or secret designs, processes, formulae, source codes, work or project plans, devices or material, research and development, proprietary software, analysis, techniques or practices, vendor names, customer and supplier lists, databases, management systems and sales and marketing plans, a confidential secret development or research work, or any other confidential information or proprietary aspects of Krriers, including “Contacts” as defined herein. Confidential Information expressly includes information reflected by any Posting, bid, or particular information relating thereto, including the identity and/or contact information of any User(s) relating thereto. All information which User acquires or become acquainted with prior, during, or after the use of the Website, which User has a reasonable basis to be Confidential Information, or which is treated by Krriers as being Confidential Information, shall be presumed to be Confidential Information.
Nondisclosure.
The receiving party will treat Confidential Information with the same degree of care and safeguards that it takes with its own Confidential Information, but in no event with less than a reasonable degree of care. Without the disclosing party’s prior written consent, the receiving party will not: (1) disclose Confidential Information to any third party, including its agents and employees; (2) Make or permit to be made copies or other reproductions of Confidential Information; or (3) Make any commercial use of Confidential Information. The receiving party will carefully restrict access to Confidential Information to those agents and employees who are subject to nondisclosure restrictions at least as protective as those set forth in this Agreement and who clearly need such access to participate on the receiving party’s behalf in the negotiation and/or the production process resulting from this Agreement. The receiving party will advise each agent or employee to whom it provides access to any Confidential Information that they are prohibited from using it or disclosing it to others without the disclosing party’s prior written consent and shall secure from them a fully executed Non-disclosure/Confidentiality Agreement with terms at least as restrictive as those reflected in this subparagraph.
b. Non-circumvention.
“Contacts” means the names and contact information of Krriers’s Users and/or any other individual and/or entity of any kind of which you learn through your use of the Website, any Account, and/or any collaboration with Krriers of any kind. You acknowledge, accept, and agree that the identities of Contacts will be recognized by you as exclusive and valuable. You agree that you and/or any firm, company, associates, corporations, joint ventures, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants that you are affiliated with in any way shall not contact, deal with, negotiate or participate in any transactions with any provided Contacts without first entering a written agreement with Krriers unless such contact, dealings, negotiations or participation in any transaction occurs through an Account on the Website or Krriers gives prior written permission. You agree not to do business with any of Krriers’s Contacts without the written consent of Krriers unless such business occurs through an Account on the Website. If You are uncertain about the relationship of Krriers to any person or Contact, you, immediately after making the initial communication, shall notify Krriers in writing of the existence of such person or Contacts at contact@Krriers.com. If Krriers does not respond affirmatively within thirty (30) days after receipt of such notice, you may proceed to negotiate without the inclusion of Krriers in any compensation arrangement.
Exceptions. Notwithstanding the above, the Users shall not have liability to Krriers with regard to any Confidential Information and/or materials or information that may appear to be similar to any Confidential Information of Krriers, if the User can prove:
i. was in the public domain at the time it was disclosed or has entered the public domain through no fault of the User;
ii. was known to the User, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;
iii. was independently developed by User and/or any affiliate, client, and/or other third party without any use of the Confidential Information;
iv. is disclosed generally to third parties by the User without restrictions similar to those contained in this Agreement;
v. becomes known to the User, without restriction, from a source other than the User without breach of this Agreement by the Company and otherwise not in violation of the User’s rights;
vi. originates independently with any other third party other than the Krriers , including, but not limited to, any of the affiliates, clients and/or other parties related to the User;
vii. is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that User shall provide prompt notice of such court order or requirement to Discloser to enable Discloser to seek a protective order or otherwise prevent or restrict such disclosure; or
viii. is disclosed with the prior written approval of the User.
c. Penalties for Violation. Injunctive Relief.
You agree to pay Krriers liquidated damages in the amount of ten
thousand dollars ($10,000.00) for each and every violation of this non-circumvention provision (such as the misappropriation of Krriers’s Confidential Information and/or Contacts). Furthermore, Krriers shall be entitled to recover from any User in violation of this non-circumvention provision the amount of any actual, incidental, or other damages that incurred, or prospectively incurred as a result of such violation(s). You and Krriers expressly agree that the amount of Krriers’s damages will be difficult to calculate in the event of such a violation and that these damages and liquidated damages represent a fair and negotiated amount of Krriers’s damages, which amount is not punitive. This penalty expressly applies to the actions of any of the User’s employees and/or other agents. In addition, any misappropriation of Confidential Information in violation of these Terms may cause Krriers irreparable harm, the amount of which may be difficult to ascertain, and therefore You agree that Krriers shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as Krriers deems appropriate. This right of Krriers is to be in addition to the remedies otherwise available to it.
V. USAGE
A. In no way is any right, title, interest, or any other portion except for such rights and/or privileges hereby given, to You by Krriers for use strictly in adherence with these Terms. The terms “Website and/or Features and/or Account,” in addition to the definitions set forth above, shall include to mean, and refer to the following:
1. any updates, modifications or enhancements thereto regardless of whether the same are accessible by You or not; and
2. any specific website the Website directs you to via any browser located on your Device, if the same is maintained by Krriers or its affiliates.
“Device” shall mean any computing device capable of operating the Website, including, but not limited to, the iPhone, iPod Touch, iPad, and such other similar products by Apple and/or any mobile devices manufactured and/or implementing Android or any other operating system.
B. In exchange for the Registration Fee, Krriers grants permission to registered Users to operate and/or use the Website on any Device controlled by such registered User, and to access and use the Software on Devices owned and/or controlled by such registered User strictly in accordance with these Terms solely for such registered User’s own purposes. All rights not expressly granted to such registered User are reserved by Krriers, its affiliates, and licensors. Your rights shall allow such registered User to use the Software on any Device that such registered User owns and/or controls, and as permitted by the usage rules.
1. You may not access the Website if you are a direct competitor of Krriers, except with Krriers’s prior written consent. In addition, you may not access the Website for the purposes of monitoring its availability, performance, functionality, or for any other benchmarking or competitive purpose.
2. You agree that at all times while using the Website that you will comply with all Applicable Federal, State, international, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, You may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Application for any purpose, whatsoever, without obtaining prior written consent from Krriers, any third-party, or other Users in the case of User-Generated Content, as set forth hereinafter, who is the respective owner of such content. You hereby expressly acknowledge that you do not acquire any ownership rights or interests of any nature by way of any usage of the Website and that Krriers may revoke your rights, privileges, and/or access without any notice to You whatsoever, and thereby your rights to continued usage of the Website and/or any of your information stored therein or associated therewith.
C. These rights hereby established by these Terms shall be effective until terminated. KRRIERS MAY TERMINATE YOUR RIGHTS AND/OR THESE TERMS WITH, OR WITHOUT ANY NOTICE TO YOU WHATSOEVER.
D. Krriers may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms, the Website and/or Account, Your usage and access to same, and any rights or privileges afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of these Terms, then these Terms and any rights granted to You shall terminate automatically, without any notice or other action by Company. Upon the termination of these Terms, You shall cease all use of the Website and delete the Account.
E. The Website may utilize or integrate third-party software that is subject to open source and/or third-party license terms (“Third-Party Software”), including but not limited to functionalities of Google Maps and/or other API(s) unrelated thereto. You acknowledge and agree that Your right to use such Third-Party Software as part of the Website is subject to, and governed by, the terms and conditions of the open-source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein. In the event of a conflict between this Agreement and the terms of such open source or third-party licenses, the terms of the open-source or third-party licenses shall control with regard to Your use of the relevant Third-Party Software, but in no way shall be applicable to the balance of the Website not so thereby governed. In no event, shall the Website or components thereof be deemed to be “open source” or “publicly available” software as those terms may be in common usage in similar scenarios.
VI. CONTENT GENERATED BY REGISTERED USERS
A. Krriers may now, or in the future, permit registered Users to post, upload, transmit through, or otherwise make available on the Website (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, financial information, legal information, user reviews and/or business information and/or other materials (“User-Generated Content”). User-Generated Content shall expressly exclude invoices or proof(s) of Insurance and/or materials or information deemed confidential in the sole discretion of Krriers. BY SUBMITTING USER-GENERATED CONTENT TO THE WEBSITE, YOU ASSIGN AND TRANSFER ALL RIGHT AND TITLE THEREIN TO KRRIERS TO THE FULLEST EXTENT PERMITTED BY LAW. AS SUCH, KRRIERS MAY USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY ALL USER-GENERATED CONTENT, INCLUDING, BUT NOT LIMITED TO, REMARKS, SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER INFORMATION COMMUNICATED TO KRRIERS THROUGH THE WEBSITE, AND TO INCORPORATE ANY USER-GENERATED CONTENT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED. KRRIERS WILL ALSO BE FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES CONTAINED IN THE USER-GENERATED CONTENT FOR ANY PURPOSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, DEVELOPING, MANUFACTURING AND MARKETING PRODUCTS AND SERVICES INCORPORATING SUCH INFORMATION. To the extent that any User- Generated Content may not be legally assigned or transferred as stated above, You hereby grant to such non-assignable/non-transferrable User- Generated Content to Krriers the royalty-free, perpetual (or otherwise longest duration permitted by law), irrevocable, transferrable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all such User-Generated Content, and to incorporate any such User-Generated Content in other works in any form, media, or technology now known or later developed. Krriers will not be required to treat any User-Generated Content as confidential, and may use any User-Generated Content in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Krriers operations.
B. Krriers cannot guarantee any confidentiality with respect to User-Generated Content and Krriers specifically reserves the express right to monitor User- Generated Content as it sees fit—even where such information has not been made public and is under a registered Account. Krriers will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Krriers operations. Krriers reserves the right to utilize User-Generated Content for promotional or other purposes as reflected in our Privacy Policy. Otherwise, it is solely Your responsibility to monitor and protect any intellectual property rights that you may have in Your User-Generated Content, and Krriers does not accept any responsibility for same. You agree that Krriers has no such responsibility. You are responsible to comply with all terms and conditions applicable to Your User-Generated Content. Krriers will treat any personal information that you submit through this site in accordance with its Privacy Policy.
C. You shall not submit any User-Generated Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. YOU ARE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM YOUR FAILURE TO OBTAIN SUCH PERMISSION OR FROM ANY OTHER HARM RESULTING FROM USER-GENERATED CONTENT THAT YOU SUBMIT.
D. You represent, warrant, and covenant that you will not submit any User-Generated Content that:
1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third-party right of any person or entity;
2. Impersonates another or is unlawful, threatening, abusive, harassing, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. Is an advertisement for goods or services (without Krriers’s express written permission);
5. Unnecessarily includes personal information;
6. Contains a formula, instruction, or advice that could cause harm or injury;
7. Is a chain letter of any kind;
8. The licensed use by us hereunder would result in us having any obligation or liability to any party; or
9. Violates any of the exclusions to use set forth in Section V(B) below.
10. Amounts to any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website, which will not be permitted.
E. WE RESERVE THE RIGHT TO DELETE, DISABLE OR OTHERWISE ELIMINATE FROM THE WEBSITE ANY USER-GENERATED CONTENT THAT WE DEEM VIOLATIVE OF THESE TERMS AND/OR ANY RULE OF LAW, REGULATION, OR PROTOCOL, IN OUR SOLE DISCRETION.
F. We have the right, but not the obligation, to monitor all User-Generated Content. We have no obligation to post, maintain or otherwise make use of User-Generated Content and do not guarantee distribution of User-Generated Content. We may discontinue operation of the Website and/or User-Generated Content, or your use of the Website and/or User-Generated Content, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User-Generated Content on the Website and we have no obligation to return your User-Generated Content or otherwise make it available to you.
G. The rights granted by you hereunder may not be terminated, revoked, or rescinded and are not subject to reversion. If you become aware that User-Generated Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Krriers 956, LLC, ATTN: Krriers 956 LLC., PO BOX 1504, Southampton PA 18966, and contact@Krriers.com.
H. We strive to keep User-Generated Content secure but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of User-Generated Content. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect User- Generated Content from unauthorized access, (b) routinely archive User- Generated Content, and (c) keep your User-Generated Content or any software that you use or run with the Website current with the latest security patches or updates. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF ANY OF USER-GENERATED CONTENT.
I. Feedback. In the event you elect, in connection with any of the Websites, to communicate to us suggestions for improvements to same or to any other property of Krriers, intellectual or otherwise, (collectively, “Feedback”), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback.
J. Governmental requests for User-Generated Content. In keeping with our efforts to maintain your privacy, we will not disclose User-Generated Content to any governmental agency, body and/or department unless lawfully sought by presentation to us of a valid Subpoena, warrant or other such document.
K. Digital Communication. KRRIERS IS NOT RESPONSIBLE FOR COMMUNICATION INITIATED BY USERS THROUGH THE WEBSITE. OUR SERVICE IS A MEANS OF COMMUNICATION FOR REGISTERED USERS ONLY. DIGITAL COMMUNICATION MAY NOT BE AN OFFICIAL LEGAL FORM OF COMMUNICATION FOR ANY REASON. KRRIERS WILL NOT BE HELD RESPONSIBLE FOR A USER’S FAILURE TO RECEIVE ANY BENEFIT OFFERED ON THE WEBSITE.
VII. ACCESS AND USE
A. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Website for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website and/or Features and/or Account or both. In such a case, you acknowledge that you do not acquire any ownership rights by downloading or printing any portion of the Website.
B. Except as expressly permitted in these Terms, you may not:
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website;
2. Circumvent, disable or otherwise interfere with security-related features of the Website, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website for any purpose without the express written permission of Krriers;
4. Collect or harvest any personally identifiable information from the Website besides that information expressly identified in the Privacy Policy;
5. Attempt to or interfere with the proper working of the Website or impair, purposely overburden, or disable the same;
6. Decompile, reverse engineer, or disassemble any portion of any the Website and/or Features and/or Account;
7. Use network-monitoring software to determine architecture of or extract usage data from the Website;
8. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., accessing another member’s account without permission, etc.);
9. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act, the Export Administration Regulations administered by the Department of Commerce and/or the International Traffic in Arms administered by the Department of State;
10. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website;
11. Use the Website to encourage conduct taking place offline or on other third-party websites that violates any local, state or federal law, either civil or criminal;
12. Fail to remove, eliminate, resolve and/or take down any content allegedly infringing of a third-party’s rights of any kind once notice of alleged infringement by Krriers has been given pursuant to the terms herein; and/or
13. You agree to cooperate fully with Krriers to investigate any suspected or actual activity that is in breach of these Terms.
C. KRRIERS HEREBY EXPRESSLY RESERVES THE RIGHT TO PREVENT ANY USER(S) FROM ACCESSING THE WEBSITE FOR ANY REASON, OR NO REASON, WITHIN ITS SOLE DISCRETION.
D. Registered accounts are protected by and subject to security safeguards. You agree that such safeguards are necessary and further agree that your Account shall be subject to all such safeguards.
VIII. CONDITIONS FOR LINKING TO WEBSITE
Upon your acceptance of these Terms as evidenced by your clicking where indicated below your acceptance of and agreement to these Terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
IX. THIRD-PARTY LINKS
A. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of information displayed by the Website. UNDER NO CIRCUMSTANCES WILL KRRIERS BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY USER’S RELIANCE ON ANY INFORMATION DISPLAYED BY THE WEBSITE, INCLUDING, BU
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