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Website Terms and Conditions of Use

The use of this website (www.opencityfreight.com) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this website indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by K2 Transportation Services, LLC d/b/a Open City Freight (the “Company”). We reserve the right to make changes to this website and these terms and conditions at any time.

Copyright and Trademark Notice

This website is owned and operated by the Company. Unless otherwise specified, all materials appearing on this website, including the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company. All audio and video clips are licensed by, or are the sole property of, the Company or their respective content providers. All software used on this website is licensed by, or is the sole property of, the Company or those vendors supplying the software. You may use the content of this website only for the purpose of shopping on this website or placing an order on this website and for no other purpose. No materials from this website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written permission of the Company. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Company. All other trademarks or service marks are property of their respective owners. The use of any trademark or service mark of the Company without the express written consent of the Company is strictly prohibited.

Ownership and Use of Posted Information

Any communication or material (including any information, data, communications, software, photos, video, graphics, music, sounds, and other materials that can be viewed on a website) that you transmit to this website or to the Company, whether by electronic mail, post, or other means, for the purpose of public consumption on the Internet, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or materials, you grant the Company and the Company’s agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such material for any purpose regardless of the form or medium (now known, not currently known or not yet devised) in which it is used.

This means (among other things) that you retain your copyright, trademark or any other intellectual property rights that you have in the materials or communications that you post to this website, but the Company can use those materials for any purpose and for as long as the Company wants without compensating you or recognizing your authorship.

Unauthorized Use of Materials

Please do not submit confidential or proprietary information to the Company unless the Company has mutually agreed in writing otherwise. The Company is also unable to accept your unsolicited ideas or proposals, so please do not submit them to the Company in any circumstance. The Company respects the intellectual property of others, and the Company asks that you to do the same. If you or any user of this website believes its copyright, trademark or other property rights have been infringed by a posting on this website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, such notification must:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit the Company to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit the Company to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Include your signature.
  8. Send the written communication to the following address:

    PO Box 892

    Elburn, IL 60119

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, the Company may immediately remove the identified materials from the Company’s website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Information Collection and Privacy

In order to purchase any services on this website, you will be required to submit certain contact information, such as your name, shipping and billing addresses, payment information and details regarding the items that you need shipped, including but not limited to weight, number of pallets, quantity, pickup location, drop-off location, product description, temperature, pickup date and drop-off date. Please see the Company’s Privacy Policy for more details, incorporated herein by reference.

Disclaimer and Limitation of Liability as to Services Sold

Except as expressly stated herein, the Company makes no representations or warranties, either express or implied, of any kind with respect to the services sold on the Company’s website. Except as expressly stated herein, the Company expressly disclaims all warranties, express or implied, of any kind with respect to the services sold on this website, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to the Company arising from any service sold on the Company’s website shall be the price of the service ordered. In no event shall the Company or the Company’s members, managers, officers, employees or other representatives be liable for special, indirect, consequential or punitive damages related to any service sold.

Disclaimer & Limitation of Liability as to the Company’s Website

The Company’s website and the materials therein are provided “as is”. The Company makes no
 representations or warranties, either express or implied, of any kind with respect to the Company’s website, its operation, content, information or materials. The Company expressly disclaims all warranties, express or implied, of any kind with respect to the Company’s website or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that the Company and the Company’s members, managers, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Company’s website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Typographical Errors

In the event that a service is listed on the Company’s website at an incorrect price or with incorrect information due to a typographical error or an error in pricing or service information received from the Company’s carriers, the Company shall have the right to refuse or cancel any orders placed for any services listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall immediately issue a credit to your credit card account in the amount of the charge.

Links

This website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that the Company is not responsible for the operation of or content located on or through any such website.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of your order, nor does it constitute confirmation of the Company’s offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Company reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the full amount of any services that you ordered. All orders placed over two hundred fifty dollars ($250.00) are subject to pre-approval with an acceptable method of payment. The Company may require additional verifications or information before accepting any order. The Company is a reseller to end user customers and does not accept orders from wholesalers or other customers who intend to resell the services offered by the Company.

Taxes

Each customer shall be solely responsible for all federal and state taxes with respect to the services sold on the Company’s website.

Jurisdiction and Venue

You agree that any legal action brought against the Company shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Company’s website shall be an appropriate federal or state court located in Arlington or Alexandria, Virginia, and you agree to submit to personal jurisdiction in Virginia.