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Terms of Use

Last revised effective 03/03/2020

This Web Site, as defined below, is maintained by Total Quality Logistics, LLC (“TQL”, “our”, “us”, or “we”) and it may not be used for commercial benefit without the express written consent of TQL.

PLEASE READ THESE TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS WEB SITE, AS THESE TERMS OF USE, ALONG WITH OUR PRIVACY AND COOKIES POLICY, GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ON THE CONDITION THAT YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY AND COOKIES POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE AND OUR PRIVACY AND COOKIES POLICY, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE REPRESENTING ("you" OR "your") SIGNIFY YOUR AGREEMENT AND CONSENT TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY AND COOKIES POLICY.

These Terms of Use may be amended from time to time and posted on the Web Site. Before using or assessing the Web Site, please review these Terms of Use for any changes as your continued use of the Web Site will constitute your agreement and consent to any modified terms to the fullest extent of the law.

The Web Site and Its Owner
For purposes of these Terms of Use, the term "Web Site" includes tql.com, careers.tql.com, tql.taleo.net, traxltl.tql.com, trax.tql.com, and carrierdashboard.tql.com, whether individually or in any combination, as well as other web sites operated by or on behalf of TQL, and it also includes TQL mobile applications, including, without limitation, TQL’s Carrier Dashboard, O-T-G On the Go (as applicable and as assessable to our employees), and TRAX Mobile. The Web Site is maintained, owned, operated, licensed and/or controlled by or on behalf of TQL. Use of the term "TQL" within these Terms of Use shall include TQL, its affiliates and subsidiaries and each of their directors, officers, employees, and authorized representatives. TQL is headquartered at 4289 Ivy Pointe Blvd., Cincinnati, Ohio 45245, and its main telephone number is 513-831-2600.

Your Use of the Web Site, Restrictions, and Prohibitions
The use of any content from this Web Site on any other website or networked computer environment is prohibited, except as expressly permitted by these Terms of Use and/or some other signed writing between you and TQL. Content from any Web Site owned, operated, licensed, or controlled by TQL may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. You agree to not use the Web Site or its contents in any manner that may or will: (a) violate any federal, state, or local laws and their respective regulations (collectively “Laws”); (b) be menacing, discriminatory to any class protected by Laws, defamatory, offensive, or obscene; (c) violate or infringe upon the privacy, publicity, copyright, trademark, trade secret, personal rights, or other intellectual property rights of others, including, without limitation, TQL; (d) advertise for or promote any person or entity; (e) for any unlawful purpose; (e) to solicit others to perform or participate in any unlawful acts; (f) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (g) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (h) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (i) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web Site or of any related website, other websites, or the Internet; (j) to collect or track the personal information of others; (k) to spam, phish, pharm, pretext, spider, crawl, or scrape; (l) for any obscene or immoral purpose; (m) to interfere with or circumvent the security features of the Web Site or any related website, other websites, or the Internet; (o) to violate the Fight Online Sex Trafficking Act of 2018 or similar legislation or promote or facilitate prostitution and/or sex trafficking; (p) infringe on the intellectual property rights of another user or any other person or entity; (q) to violate the privacy or publicity rights of another user or any other person or entity or breach and duty of confidentiality that you owe to another user or any other person or entity; (r) to promote, encourage, or engage in any spam or other unsolicited bulk email, or computer or network hacking or cracking; or (s) any other illegal, nefarious, or inappropriate purpose as determined in our sole and exclusive discretion. We reserve the right to terminate your use of the Web Site for violating any of the prohibited uses.

To ensure compliance with these Terms of Use, our Privacy and Cookies Policy, governing laws, and to maintain the security of our Web Site, in accessing or otherwise using the Web Site, you grant TQL the right to access, monitor, transmit, receive, delete, retrieve, store, maintain, and use the content in your account and your use, selections, key strokes, and cursor movements to provide services, operate the Web Site, or carry out TQL’s legal obligations, in accordance with these Terms of Use and TQL’s relevant policies and procedures.  For more information, please see TQL’s Privacy and Cookie Policy.

Notwithstanding anything to the contrary in these Terms of Use, all processing of data by or on behalf of us shall be provided solely from within, and on computers, systems, networks, and other infrastructure located in, the United States. 

This paragraph applies to any portion of the Web Site that allows third-party commentary or posting, including, without limitation, on any TQL social media, blogs, or comment boards. We reserve the right to remove any content or comments that we dee, in our sole discretion, to violate these Terms of Use, and to terminate your ability to post or otherwise add content. You grant us a non-exclusive, royalty-free license to use, publish, broadcast, and reproduce your comments in any manner, including, without limitation, in any and all media, worldwide, in perpetuity, for any purpose whatsoever. Such license includes, without limitation, the right to create derivative works of and to use the content posted to develop, enhance, distribute, and market TQL and/or TQL’s services.

You further agree that you will not use the Web Site if you are located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted persons.

We reserve the right to refuse access to the Web Site to anyone for any reason at any time.

Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this Web Site is not accurate, complete or current. The material on the Web Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Web Site is at your own risk.

This Web Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

Occasionally there may be information on our Web Site that contains typographical errors, inaccuracies or omissions that may relate to our services, brand or company in general.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Web Site at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Web Site except as required by law. We reserve the right to modify the contents of this Web Site at any time, but we have no obligation to update any information on our Web Site. You agree that it is your responsibility to monitor changes to our Web Site. No specified update or refresh date applied on the Web Site should be taken to indicate that all information on the Web Site has been modified or updated.

Intellectual Property Rights
Except as otherwise expressly provided in these Terms of Use, we have and will retain sole control over the operation, provision, maintenance, and management of the Web Site. All material on this Web Site, including, without limitation, text, images, and illustrations, is protected by copyrights and/or trademarks, registered and unregistered, which are owned and controlled by TQL or by other parties that have licensed their material to us. This Web Site may contain other proprietary notices, trademark, and/or copyright information, the terms of which must be observed and followed. Information on the Web Site may be changed or updated without notice.  We may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

In addition, the Web Site may contain content and features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Web Site or the Services Content, in whole or in part. In connection with your use of the Web Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Web Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Web Site or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Web Site or distributed in connection therewith are the property of us (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.

Copyright and Trademark Notices
All contents of the Web Site, including mobile applications, are Copyright 2020. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

No Warranties and No Liability
TQL makes no representations and/or endorsements about nor accepts any responsibility or liability whatsoever for any other web sites you may access through this Web Site, as such sites are independent from TQL and TQL has no control over the content on such web sites. TQL’s failure or delay in exercising any right related to the Web Site or these Terms of Use will not operate as a waiver of such right, nor will TQL’s partial exercise of any right preclude TQL’s further exercise of that right. These Terms of Use do not, in any way, create an agency, joint venture, partnership, employee-employer, or franchisor-franchisee relationship between TQL and any other party including you.

TQL DOES NOT WARRANT OR GUARANTEE THAT: (a) YOUR CONTENT WILL BE PROTECTED AGAINST LOSS, MISUSE, OR ALTERATION BY THIRD PARTIES; (b) THE WEB SITE IS ERROR-FREE; (c) ACCESS TO YOUR ACCOUNT WILL BE UNINTERRUPTED; (d) TQL’S SECURITY PROCEDURES AND PROCESSES CANNOT BE BREACHED; OR (e) THAT THE WEB SITE WILL BE AVAILABLE. THE WEB SITE AND ALL OF ITS CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

TQL WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, AND/OR COSTS OF OBTAINING SUBSTITUTE SOFTWARE OR SERVICES), HOWEVER ARISING, EVEN IF TQL IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TQL SHALL HAVE NO LIABILITY TO YOU FOR ANY THIRD PARTY CLAIMS AGAINST YOU. IF TQL IS FOUND RESPONSIBLE FOR ANY CLAIM RELATED TO OR IN ANY WAY ARISING OUT OF THE WEB SITE OR THESE TERMS OF USE, THEN THE COLLECTIVE DAMAGES FOR ALL SUCH CLAIMS SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS ($250). THE LIMITATION OF LIABILITY PROVIDED IN THIS PARAGRAPH SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

Your Indemnity of TQL
You agree to defend (with counsel selected or approved by TQL), indemnify, and hold TQL harmless from any claim or demand (including, without limitation, reasonable attorneys’ fees and costs), made by any third party arising out of or in any way related to (a) any content posted by you on any TQL Web Site; (b) your violation of the intellectual property rights of others; and/or (c) your violation of these Terms of Use.

Force Majeure
In no event will TQL be liable or responsible to you or be deemed to have defaulted in any of our obligations under these Terms of Use for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms of Use, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.

Your Privacy
Your privacy is important to us, and, for more information about your privacy rights, please review our Privacy and Cookies Policy, which is incorporated into these Terms and Use and makes up your binding agreement with us.

Ohio Law Governs / Jurisdiction / Venue Selection
These Terms of Use and our Privacy and Cookies Policy shall be construed, governed, and enforced in accordance with the laws of the State of Ohio, except to the extent that federal law preempts those laws, without giving effect to conflict of law provisions which would result in the application of any law other than Ohio law. You and TQL consent to the exclusive jurisdiction of the state courts located in Clermont County, Ohio (“Mandatory Venue”). You and TQL waive any objections to the jurisdiction and venue of the Mandatory Venue, and agree that any dispute arising under or related to the Web Site, our Privacy and Cookies Policy and/or these Terms of Use shall be brought exclusively in the Mandatory Venue.

Entire Agreement / Severability
These Terms of Use represent the entire and integrated agreement between you and TQL related to the Web Site and supersedes all prior negotiations, representations, and agreements, whether oral or written, that related to the subject matter of these Terms of Use. These Terms of Use may be amended only by a written document signed by you and TQL or by TQL’s posting of new Terms of Use. Whenever possible, each provision of these Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed, and enforced in such a manner as to make such provision valid, legal, or enforceable.

Contacting TQL
For questions or concerns related to these Terms of Use, please contact TQL using the information listed below.

Total Quality Logistics, LLC
Attn:  Marketing Department
4289 Ivy Pointe Blvd.
Cincinnati, Ohio 45245
800-580-3101 (USA toll-free)
Marketing@TQL.com

Effective Date: 07/10/2015