Terms of Use - Landstar Agent Website

(This Terms of Use – Landstar Agent Website has been updated and is effective as of April 8, 2019.)

Welcome to our site (the “Site”). The Site is operated by a Landstar independent commission sales agent (“Agent”, “Agency,” “we,” or “us”). These Terms of Use – Landstar Agent Website (the “Terms of Use” or the “Agreement”) establish the terms and conditions governing your use of the Site.

These Terms of Use, together with the Privacy Policy – Agent Website (“Privacy Policy”), constitute a binding agreement between users of the Site (“you” or “your,” unless otherwise specified) and Agent.

Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

By using the Site, you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. You must agree to this Agreement in order to access or use the Site.

This Agreement contains the following provisions.

1. Your Acceptance of this Agreement

This is an agreement between you and Agent and governs your use of the Site, its contents and services. Each time you visit, browse, order goods through, purchase goods through, advertise goods through, access or otherwise use the Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for the purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using the Site, and to comply with all applicable laws and regulations.

By accessing this Site, you represent and warrant that you are at least eighteen (18) years old and that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.

If you do not have the legal authority to agree to and accept this Agreement, or if you are not authorized to agree to and accept this Agreement, or if you do not agree with the terms of this Agreement, then you may not use the Site.

For the avoidance of doubt, Landstar (defined below) and Landstar Affiliates (defined below) are third party beneficiaries of these Terms of Use (as set forth in Section 17).

2. Scope of this Agreement

These Terms of Use only apply to your activities when using the Site or its contents. From time to time, we may provide a link to a branded web site operated by Landstar System, Inc., its affiliates and/or subsidiaries (collectively, “Landstar”). Those different terms and conditions will be linked to that particular site’s home page. Please review such different terms and conditions if you choose to visit those sites, as they govern your use thereof.

These Terms of Use do not affect or amend the terms of any other contracts you have entered into or may enter into with Landstar or entities that control, are controlled by or are under common control with, Landstar (“Landstar Affiliate(s)”), such as shipper agreements, transportation brokerage agreements, third party logistics agreements or independent contractor operating agreements.

3. Authority

Agent may be based in the United States or Canada. Agent provides this Site for use primarily by persons located in the United States, Canada or Mexico and the Site is not intended to be used by persons located outside of these countries. Agent makes no claims that the Site or any of its content is accessible or appropriate outside of the country where the Agent is located. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, Canada or Mexico, you do so on your own initiative and you accept full responsibility for ensuring compliance with local laws.

4. Changes to these Terms of Use

These Terms of Use may be modified, suspended or operation of the Site may be terminated, as well as its content and offerings, in whole and/or in part, without notice and in the discretion of Agent or Landstar, at any time and for any reason.

You are responsible for checking for revisions to the Terms of Use each time you use the Site and, in any event, are bound to changes to this Agreement thirty (30) days after such changes have been introduced and for which notification of substantive changes has been made (such as a notice on the home page of the Site that such change has been made.)

Any changes to the dispute resolution procedures set forth below in Governing Law and Venue shall not apply to any disputes that have been commenced prior to the changes to the Terms of Use taking effect.

5. Privacy Policy – Agent Website

Please review the Privacy Policy which explains Agent’s practices relating to the collection, use and disclosure of personal data you provide through use of the Site. The Privacy Policy is incorporated herein by reference and is a part of these Terms of Use. By using the Site, you are consenting to the Privacy Policy and consent to the collection of personal data as set forth in the Privacy Policy.

For the avoidance of doubt, and notwithstanding anything else contained herein or to the contrary, this is an Agent website and Landstar is not responsible with respect to your privacy in any manner whatsoever related to your use of the Site. Agent is an independent commission sales agent of Landstar. Any concerns over privacy issues and or this Agreement, however, may be directed to Landstar.

6. Site Ownership; Trademarks

Landstar owns the Site, its content, features, functionality and systems, including the copyright and other intellectual property rights therein, except for content and other intellectual property owned and licensed to Landstar or Agent. All rights not expressly granted or licensed herein are reserved to Landstar and licensors. Agent’s use of the Site is facilitated by Landstar for the benefit of Agent. Landstar reserves the right to terminate your use of the Site and Agent’s use of the Site.

Landstar registered or common law trademarks may appear on the Site from time to time, including, without limitation, Landstar, Landstar System Inc., Landstar Express America, Landstar Global Logistics, Landstar Gemini, Landstar Inway, Landstar Ligon, Landstar Ranger, BCO, LCAPP, LandstarBroker.com, LandstarOnline.com, LandstarCompanyStore.com, L.E.A.D.S., LEADS, “The Road to SUCCESS”, “Power Buying. Buying Power.”, and “Solutions in Motion” (collectively, the “Landstar Trademarks”). The Landstar Trademarks and other product, service and company names appearing on the Site may be the trademarks of their respective owners, and are used by Agent via license or under “fair use” principles. No right or license to use any of these trademarks or the Landstar Trademarks is granted in these Terms of Use.

7. Your Use of Site Content; Monitoring

Subject to these Terms of Use, Landstar hereby grants to you a non-exclusive, limited, non-sublicensable, non-transferable, revocable license to access the Site and use the information, functions and content made available to you on the Site, solely in connection with Agent-related or Agent affiliate-related business and not for purposes of competing with Agent or its affiliates or for any other purpose. With respect to information and content that is identified on the Site as available to you for downloading or printing, or is configured to enable you to download or print, you may download and/or print one copy and may only use it for Agent-related or Agent affiliate-related business purpose for which it was made available and not for purposes of competing with Agent, an Agent affiliate, Landstar, Landstar Affiliates or for any other purpose. You are expressly prohibited from modifying any of the Site pages or other content and from removing or altering any visible or non-visible identification, marks, notices, or disclaimers in the content that you download or print from the Site.

No other license or rights in the Site are granted by Landstar and all licenses and rights granted may be terminated or revoked by Landstar at any time at Landstar’s sole discretion. From time to time Landstar may, without notice, monitor your use of the Site, although Landstar is not obligated to do so.

8. Third-Party Products and Services

From time to time, the Site may contain information about third party products and services. For example, Agent or Landstar may arrange for discounts to be provided on certain third party products and services, and third party products and services may be advertised on the Site. With respect to all such third party products and services, you should be aware that they are not being provided by Agent or Landstar, and neither Agent nor Landstar is responsible for such goods or services or the terms on which they may be purchased or sold. If you choose to purchase such goods or services, you should carefully evaluate them and the terms upon which you are purchasing them.

9. Request Mechanisms

Agent makes available on the Site mechanisms for you to request or inquire about transportation, logistics and other non-Site-related services from Landstar through or as facilitated by Agent. None of these mechanisms create a binding obligation between you and Agent or Landstar. By requesting services, you expressly consent to Agent’s collection of personal data supplied by you to facilitate your request.

10. Information you Provide to Agent on the Site

From time to time, Agent may offer capabilities and features on the Site that enable you to submit suggestions and ideas (“Suggestions”) to Agent via email about ways in which Agent may improve or expand its business (such as ideas for new or improved products, services or Site features).

By providing Suggestions, you are granting to Landstar and its designees, including but not limited to Agent, a perpetual, non-exclusive, non-terminable, sublicensable, worldwide license to use, reproduce, modify, distribute, transmit, re-transmit, create derivative works of, publicly display, publicly perform, publish, store and exploit such information and Suggestions in any way, in whole or in part, in all media now known or hereinafter discovered, without obligation to do so or further compensation to you. By submitting Suggestions, you are also warranting that you have all necessary right, title and interest to grant such a license and that such Suggestions do not infringe upon the rights of others, are not injurious to others, and comply with the requirements imposed on you under these Terms of Use.

You are responsible for any Suggestions that you provide to Agent or post to the Site. Agent and Landstar are not responsible for any Suggestions, including, without limitation, Suggestions from other Site users that you may encounter in your use of the Site.

Landstar expressly reserves the right, without obligation or notice, to pre-screen, remove, modify, refuse to post, delete, block, take down, and/or edit all Suggestions, for any reason, in its sole discretion.

11. Acceptable Use; Prohibited Use

You are responsible for all activities you engage in, on or through use of the Site, and those engaged in by anyone using your user name, IP address or other credentials (if any) used to access the Site. You agree to use the Site in accordance with these Terms of Use and all applicable laws, rules and regulations. You agree to keep all information you provide or post on the Site up-to-date, complete and accurate, including, without limitation, all load information, personal information, Suggestions, and all information you provide to other users.

In addition, you agree not to provide to Agent, post on the Site, or transmit through the Site information, materials, or Suggestions that:

(a) are inaccurate, false, misleading, deceptive, tortious, injurious, unlawful, threatening, abusive, defamatory, obscene, lewd, lascivious, violent, harassing, offensive, pornographic, profane or indecent, or that would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate applicable laws, rules and/or regulations;

(b) violate the proprietary rights of others, including, without limitation, the copyright, trademark, trade dress, patent, trade secret, or moral rights of others, or information or material that violates another’s rights of privacy, publicity or confidentiality;

(d) violate these Terms of Use.

In addition, you agree not to engage in activities on or through use of the Site or using information gathered from the Site, so as to:

(a) violate these Terms of Use or applicable laws, rules or regulations;

(b) engage in fraudulent activity;

(c) violate any terms of use, rules, policies or guidelines of your Internet access provider, online service, or sites to which this Site links;

(d) damage, delete or modify or make derivative versions of any information or material on the Site;

(e) modify any copyright or other proprietary notices or legends on the Site or information or material printed or downloaded from the Site;

(f) impersonate or misrepresent your affiliation with Agent or frame our Site;

(g) use any robot, scraper or other automated process not provided by us to gather information or extract data from the Site;

(h) reverse engineer or copy or disassemble any programming components of the Site or otherwise endeavor to discover source code from the Site;

(i) bypass or circumvent or endeavor to bypass or circumvent measures employed to prevent or limit access to areas, code, or content of the Site;

(j) gather or use email or other contact information from other Site users except as expressly permitted by the Site and the Privacy Policy;

(k) use the Site systems to send unsolicited emails;

(l) disrupt, impair, overburden or damage the Site or others’ use thereof, such as through viruses, denial of service attacks, spamming, flooding or other disruptive components or acts; and/or

(m) endanger or threaten the safety or security of or cause harm to any person or property.

Agent and Landstar reserve the right to report to law enforcement authorities any violation of these Terms of Use.

Nothing in these Terms of Use shall prohibit or restrict Agent or Landstar from complying with all applicable laws, rules and regulations, and all law enforcement requests and/or subpoenas. Agent and Landstar may use and disclose any Suggestions and personal user information as Agent or Landstar deem reasonable to comply with the law, to respond to such requests or subpoenas, to enforce these Terms of Use or other contractual obligations of Agent or Landstar, and to protect the safety of persons or property.

While this site is not directed to or expected to be used by children, parents should know that there is a significant amount of information available to them and a variety of commercially available products and services that can assist them in implementing controls to block minors’ access to adult, violent or other content that the parent prefers to block.

12. Copyright Infringement

Agent and Landstar respect the intellectual property rights of others and require that all users of this Site do the same. Landstar, on behalf of Agent, will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site access and termination of other privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, posted or copied on the Site in a way that constitutes copyright infringement, please notify Landstar (at the address set forth below) in writing with the following information:

(a) Your real name and your current valid working email address and telephone number with which we can contact you;

(b) Identification of the work protected by copyright that you claim has been infringed or, if multiple works have been infringed, a representative list of such works;

(d) A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and

(f) Your electronic or physical signature.

Send copyright infringement requests to: Corporate Communications Department, Landstar System Holdings, Inc. 13410 Sutton Park Drive South, Jacksonville, Florida 32224.

Email: [email protected].

13. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity

Agent and Landstar strive to make your use of the Site a useful experience. Nevertheless, Agent, Landstar and Landstar Affiliates DO NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THIS SITE. For that reason, the following provisions apply to your use of the Site:

DISCLAIMER.

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE.

THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND AGENT’S OR LANDSTAR’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.

NEITHER AGENT NOR LANDSTAR NOR ANY LANDSTAR AFFILIATE ARE UNDER ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR USER NAME NOR TO ALLOW ANYONE TO USE THE SITE POSING AS YOU.

THROUGH OR BECAUSE OF YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH PERSONS OTHER THAN AGENT OR LANDSTAR. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. AGENT AND LANDSTAR ARE NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS. AGENT AND LANDSTAR MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO SUCH TRANSACTIONS, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH AGENT OR LANDSTAR DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AGENT AND LANDSTAR MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE SITE;
THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.

AGENT AND LANDSTAR DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SITE ITSELF AND ARE INCORPORATED HEREIN BY REFERENCE.

LIABILITY EXCLUSION.

AGENT, LANDSTAR AND LANDSTAR AFFILIATES WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY AGENT, LANDSTAR, LANDSTAR AFFILIATES, OR ANY PERSON FOR WHOM AGENT OR LANDSTAR IS RESPONSIBLE, AND NOTWITHSTANDING THAT AGENT, LANDSTAR, LANDSTAR AFFILIATE OR ANY PERSON FOR WHOM AGENT OR LANDSTAR IS RESPONSIBLE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING DUE TO NEGLIGENCE, WILL AGENT, LANDSTAR, LANDSTAR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF USE OF THE SITE, SITE OPERATIONS, OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE, EVEN IF AGENT, LANDSTAR OR LANDSTAR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF AGENT, LANDSTAR, LANDSTAR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THIS SITE IS LIMITED TO THE LESSER OF THE U.S. DOLLAR AMOUNT YOU PAID AGENT TO USE THIS SITE OR TEN U.S. DOLLARS ($10.00).

RELEASE.

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF AGENT, LANDSTAR AND LANDSTAR 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 FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.

INDEMNITY.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE AGENT, LANDSTAR AND LANDSTAR 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 THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY AGENT, LANDSTAR, LANDSTAR AFFILIATES 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 AGENT, LANDSTAR, ANY OF LANDSTAR AFFILIATES, 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 LAWS IN SOME JURISDICTIONS AND THUS MAY NOT APPLY TO YOU.

The Disclaimer, Liability Exclusion, Limitation of Liability, Release, and Indemnity provisions in this Terms of Use survive indefinitely after the termination of this Agreement.

14. Links

This Site may contain links to or from sites controlled by third parties. Agent, Landstar and Landstar Affiliates make no representations or warranties regarding linked sites or their content or goods or services you may encounter or obtain thereon. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Agent, Landstar and Landstar Affiliates have no control over the contents of those sites or resources, and Agent, Landstar and Landstar Affiliates do not accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

This Site may also contain links to other sites operated by or for Agent, Landstar or Landstar Affiliates. Please check the terms of use and privacy policy applicable to each site you visit, as they may vary due to the nature of the sites and who is permitted to access them.

15. Termination of Your Access to the Site

Landstar, on behalf of Agent, in its sole and absolute discretion, may terminate, suspend, and/or limit your access to the Site, without notice or liability, at any time. Further, Landstar, on behalf of Agent, will investigate notices of copyright infringement and take appropriate action, including termination of access to the Site, against anyone who repeatedly infringes upon the copyright rights of others.

Termination, suspension or limitation of your right to access the Site shall not affect or terminate your obligations or the rights and licenses granted to Agent by Landstar, including rights granted to Landstar or granted by you to Agent or Landstar under these Terms of Use, all of which survive any such termination, suspension or limitation.

16. Electronic Communications

By using this Site, you are consenting to receive communications from Agent or Landstar, on behalf of Agent, electronically with respect to your use of this Site and its contents, and you are agreeing that Agent and Landstar, on behalf of Agent, may communicate with you with respect to your use of this Site and its contents via email, by posting notices on the Site, and by other means of communication, including but not limited to postal mail. In the event Agent or Landstar are required to notify you of a data breach pursuant to any applicable law, you expressly agree to receive such notification via email.

17. Third Party Beneficiaries

The provisions of these Terms of Use are for the benefit of Agent, Landstar and Landstar Affiliates and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf. Otherwise, there are no third party beneficiaries of these Terms of Use.

18. Forward-Looking Statements

Portions of this Site may be deemed to contain forward-looking statements concerning Landstar or the financial performance of Landstar. Any statements deemed to be forward-looking statements of Landstar only speak as of the date indicated or, if no such date is indicated, as of the date such statements are posted to the Site. These statements, if any, are only predictions and actual events or results may differ materially. LANDSTAR EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE, AMEND, SUPPLEMENT OR OTHERWISE REVISE ANY STATEMENTS DEEMED FORWARD-LOOKING AS CONTAINED ON ANY AGENT SITE TO REFLECT EVENTS OR CIRCUMSTANCES THAT MAY ARISE AFTER THE DATE INDICATED, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.

19. Governing Law and Venue

These Terms of Use, your use of the Site, and all related matters shall be governed and construed in accordance with the laws of the State of Florida, United States without application of its conflicts of laws principles. Except as may be expressly agreed otherwise by Agent or Landstar and you, in writing, you agree that any dispute between Agent or Landstar, on the one hand, and you, on the other hand, arising from, connected with or relating to the Site, your use of the Site, these Terms of Use or any related matters shall be brought exclusively in a federal or state court in the United States if Agent is located in the United States, or a Provincial Court of Canada if Agent is located in Canada, or a Federal Court of Mexico if Agent is located in Mexico, having jurisdiction thereof within the county, borough, province or territory of the Agent’s primary place of business. Agent, Landstar and you waive any objection to such venue based on lack of personal jurisdiction or inconvenient forum.

20. Waiver; Severability

Failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right contained herein. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Use.

If any provision of these Terms of Use is deemed invalid, void or unenforceable, that invalid, void or unenforceable provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Any rights not expressly granted by these Terms of Use are reserved to Agent and Landstar.

21. Assignment; Entire Agreement

The provisions of these Terms of Use will inure to the benefit of and be binding upon each of Agent, Landstar and Landstar Affiliates and each of their respective successors and assigns and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

Landstar on behalf of itself, Landstar Affiliates or Agent may assign its rights and duties under these Terms of Use to any other person or entity at any time without your consent and without notice to you. You may not assign these Terms of Use, nor may you assign, license or delegate your rights, licenses or privileges provided hereunder. These Terms of Use, any other policies, guidelines, requirements, disclaimers and requirements posted on the Site by Agent or Landstar, including the Privacy Policy, except as set forth in the immediately following sentence below, comprise the entire agreement regarding your use of the Site and its contents.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Questions or Concerns

If you have any questions or concerns regarding the Site or these Terms of Use, please contact the Landstar Corporate Communications department on behalf of Agent and be sure to advise that you are contacting the department about an Agent’s Website and include the name of the Agent and a link to the Site, directed to at [email protected].

24. Date

The date the Terms of Use – Agent Website was last modified on April 8, 2019.